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come to know that 188 (Duke Hamilton) had offered his fervices to 7 (the Whig Lords) they would oppofe his getting out, nay, 43 (the Queen) would be against it, which would fpoil the whole. Befides, 8 (the Whig Lords) appearing in this would do him great harm with 6 (the Whigs) in 4 (England); fo that this affair is not to be spoke of to any but when 8 (the Whig Lords) and 187 (Duke Hamilton) are agreed, 7 (the Whig Lords), I fuppofe, will write to 171 (Montrose) an account of the whole matter; and indeed it is a thorough game, for 189 (Duke Hamilton) will be able to perfuade 28 (the Jacobites), in hopes of protection, to take the Abjuration, and I qshrnofsr think they that are prifoners, if they do wifely, will demand liberty of the Government, that they may be capable of electing, which, I think, 163 (Rothes) and others fhould infinuate to him; by which means 30 (the New Party) shall be able to exclude 33 (the Old Party) entirely, which; to my knowledge now, 8 (the Whig Lords) are very defirous of, so that 36 (the Scottish Miniftry), I think, is almoft at an end.

London, Aprill the 27th, 1708.

[Addreffed on back]-To Mr. Bailie of Jervifwood.

Adieu.

CXCV. FROM THE SAME.

London, July the 18th, 1708.

I HAD your's of the 8th yesterday, as likewife one of the 10th, which I take to have been from you, but I cannot be pofitive, because it is writ with a different hand.

I have not writ to you fince I came here, because I had nothing to fay till now. 250 (Somers) came but to town on Friday laft, and yesterday 256 (Sunderland). 252 (Somers) met 160 (Roxburgh) at 259's (Halifax's), where they read and confidered 169 (Marchmont's) memoriall, and put in writing their opinion as to the severall particulars; but beg that all neceffary papers be brought up, particularly attefted, [and copies of] the proteftations, and of the whole minutes, if poffible, of the Clerk's fcheme. But before I fay any more of the matter, it's fitt to let you know our prefent circumstances.

In short, 7 (the Whig Lords) and 21 (the Court) are quite broke, but 7 (the Whig Lords) think it of confequence that this be not yet publickly owned, because it may . 30 (the New Party) getting up fuffi

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cient proofs against 33 (the Old Party) upon their . . . . at this time, and therefore would have only a very few know it as yet; and indeed I have fo much to say, that I with you was here yourself, and 7 (the Whig Lords) beg that you may be here a month or fix weeks before the Parliament fits down, and defire me to tell you fo. They are likewise mighty defirous that fufficient proofs be got of thofe promifes and threatnings they have heard on.

The reason of this breach, by all that I can find, is 40 (the Queen's) averfion to 8 (the Whig Lords), and, as 7 (the Whig Lords) tell me, 51 (the Lord Treasurer's) believing that out of 5 (the Whigs) and 11 (the Tories) you may make up a fufficient partie, which 257 (Sunderland's) colleague and last 293 (Speaker) buoye him up with; but 7 (the Whig Lords) laugh at it, and say 22 (the Court) can do nothing with this 136 (Parliament), for they have not 12 (the Tories), nor can they ever get them, as indeed to my knowledge 287 (Nottingham) is more averfe to them than ever; and I am likewife well informed, that within this few dayes 53 (the Lord Treasurer) fent a message to Bromly, but that he refused to treat with him. But to come yet closer to work.

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160 (Roxburgh), after having been three hours yesterday in the morning with thofe named before, went in the afternoon again to 252 (Somers) alone, to show him the double of what 162 (Roxburgh) brought up from 238,* with which he was much pleased, and said he thought it to be very well to qskoufc have it printed before the Parliament fit down, with a remarke why it was never heard on before; but just now to publish it upon 121 (fuccefs) would fignifie nothing. He talked a great deal of this whole matter, but feemed to think it was to be cautiously gone about, and that before any of 87 (Hanover) could be brought over, it would be neceffary to have their qsfdfcfodf

precedence fettled by A&t of Parliament, which was the only thing that past that I did not like, or may be did not well understand; but upon the whole, I think it will do this year. But at any rate, will have you to come up foon, for things cannot be done in a hurry, nor is it trifles we have to do; nor is there any thing that 30 (the New Party) can propose for the good of 2 (Scotland) that 7 (the Whig Lords) will not, I believe, go into, especially the putting the Judicatures on a right foot, which I fee 250 (Somers) very

*The explanation as given in the Key has been almost wholly worn away.

much inclined to; and indeed I think we may do what we please, for 266 (Devonshire), 272 (the Lord Keeper), and all the reft that went off last yeare, are now entirely joyned with 7 (the Whig Lords); and I affure you 7 (the Whig Lords) are not only entirely for 30 (the New Party), with an averfion of 33 (the Old Party) but they are likewife refolved to have every thing done that's right, and will joyn rather with 12 (the Tories) than contribute any more towards the Lord Treasurer.

I must own it is a heavy thing upon us that 33 (the Old Party) fhould have the difpofal of thofe places juft now; but there is no help for it, fince 34 (the Old Party) has truly greater influence at 21 (Court) than 5 (the Whigs) and 7 (the Whig Lords) have together.

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There is a commiffion out for two in Bennet's place. I wish you would see him, and tell him there's no fear but justice will be done him again before long; but I think it will be alwayes neceffary to put 8 (the Whig Lords) having no power juft now upon 43 (the Queen's) averfion at them, which in 136 (Parliament) will fignifie nothing, rather than upon 52 (the Lord Treafurer's) having an opinion that he is able to do his business without them; for that might make waverers ftartle, particularly 187 (Duke Hamilton) and 209 (Annandale).

8 (The Whig Lords) say that if this victory is pursued, and all the advantages made on't that may be made on't, it will fet them much more at freedom than formerly, when affairs were in that condition that attacking 38 (the English Miniftry) might have endanger'd the common caufe.

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I forgot to tell you, that one of the first things hinted to Bromly was,

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that Harley should be but he would not enter into a treaty at all. 256 (Sunderland) fays, that if it is made appear that the Clerks, when demanded by an inftrument to give extract of the minutes, faid they had given them up to 192 (Queensberry), or to 203 (Seafield), it may prove troublesome to them.

8 (The Whig Lords) are of opinion, too, that 187 (Duke Hamilton) and all the Lords of Scotland ought to make reprefentations to the Queen and Parliament, how heavy they think that claufe upon them that empowers 195 (Argyll), and all those in his circumftances, to vote at our elections.

I must likewise tell you, that by half words I find they feem very tired of 139 (the elections) of the Peers in 2 (Scotland); nor do they think it will be

an eafie thing to determine thofe of the Commons there; fo pray direct what's to be done in my brother's bufinefs, or else I know it won't be done

at all.

Tuesday Morning.

I find 7 (the Whig Lords) very defirous to have the Committee of the House of Lords renewed, which fat upon the bufinefs of the Exchequer, and would therefore have it gone about with all diligence, to find out what imbezlements and fecret managements there were in the affair of the Customs, till the time they were put upon the foot of England.

I forgot to add to you about Bennet, that I wish you would put him in mind to write a letter to fomebody here that may be trufted, complaining that it was hard that men should be punished for freely voting in Parliament, and that he did not [think that] thofe threatenings he [indeed had] from fuch and fuch perfons, (whom he must name in the letter, as well as narrate the threatenings), would raily be put in execution against him. But I defire you may fee the letter before it be fent; and care must be taken that it be fent by a fure hand.

I have juft now had your's of the 13th; but what I have faid before I believe may answer it fufficiently; but neither in this, nor in your former one, can I find out whom you mean by 240. As to what you say of 183 (Johnstone), I fhall be fure to fee what can be done.

Adieu.

I fend you here inclofed a copy of the Inftructions that I believe will go all over England; as likewife our friend's opinion as to the proteftations. [Addreffed on back]-To Mr. Baily of Jervifwood, at Edinburgh.

KEYS TO THE CYPHERS.

CYPHER No. I.—[Applicable to the Letters written by the EARL OF ROXBURGH, from November 30th, 1704, to June 11th, 1705, and to those written by SECRETARY JOHN

STONE, from December 2d, 1704, to July 13th, 1705.]

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