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force him to trial in Scotland. The truth is that Jacobitism was so rife in high places that they whose duty it would be to prosecute him feared what might happen if he were brought to the bar. Finally, in February 1700/01, Payne was released. He made his way to the Stuart court at St. Germain, whose incorruptible secret agent he had been for twelve years. It was fitting that the last information we have of him during his life is derived from his "Brief memorial by way of preface to some proposals for your Majesty's service," a detailed letter of advice instructing the exiled king how he might yet recapture his throne (printed in _Original Papers; containing the Secret History of Great Britain_, 1775, I, 602-5). When last heard from, Payne had yet another conspiracy planned and ripened, to submit to his sovereign's approval. Payne's _Fatal Jealousy_ has intrinsic merit. If he had written more works for the theater, he might have been remembered with Southerne and possibly with Otway. But for the scholar this tragedy will be chiefly interesting for the Shakespearean influences to be found in it. Evidently Payne held Shakespeare in great reverence, and the result is that _The Fatal Jealousy_ is one of the earliest examples of the return to the Shakespearean norm in tragedy after the interlude of the heroic play. Payne ridicules the love and honor theme in _The Morning Ramble_ where he makes Rose say (p. 54): Love and Honour are the two great Wheels, on which all business moves. The Tradesman cheats you upon his Honour, and like a Lord swears by that, but that he particularly loves you, you should not have it so. No Tragedy, Comedy, Farse, Demi-Farse, or Song nowadayes, but is full of Love and Honour: Your Coffee-drinking Crop-ear'd Little Banded-Secretary, that pretends not to know more of Honour than it's Name, will out of abundance of Love be still sighing and groaning for the Honour of the Nation. The speaker of the Epilogue to _The Fatal Jealousy_ pointedly reminds the audience that they have listened to a genuine tragedy and not to an heroic play. Its author has not relied on the "rules of art," but hopes he may have succeeded by some "Trick of Nature." Most obvious of the Shakespearean influences is the jealousy theme in which Don Antonio is modelled on Othello, Caelia on Desdemona, and Jasper on Iago. My colleague, Professor E.L. Hubler, who has a vast deal of the Shakespearean text in
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