Tag: witnesses (page 1 of 3)

Switching Sides

Proceedings of a General Court Martial held at Stirling, 29 August 1746

Amidst the complexities of dynastic opposition and civil war during the later Jacobite era, the loyalties and material commitment of individuals were often in flux and have not always been so simple for historians to cleanly define. Allegations of significant Jacobite desertions have long been suspected (and more recently have been examined), but little scholarly enquiry has been made into cases of defection by soldiers within the government forces who were charged with quelling the Jacobite threat in Britain during the ’45.1 Resistance to martial service permeated both sides of the conflict, but deserting ranks to avoid combat is one thing, while joining up with the enemy is another entirely. Archival evidence shows us that soldiers in British service – including loyalist Highlanders on campaign in Scotland – deserted their units in smaller numbers than their Jacobite rivals, but incidents of soldiers breaking ranks was still a problematic issue for British army officers and Hanoverian officials.2 Digging deeper into the sources further reveals that some of these deserters found both cause and motivation to fight amidst the ranks of Jacobite rebels.

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Lady of Swords

David Clark’s deposition against Lady Margaret Ogilvy in Coupar Angus

There was a fair bit of commotion upon the mercat cross of Coupar Angus one mid-October day in 1745. Bailie Charles Hay, a locally known clerk and town magistrate, stood at the nexus of George and High Streets with a copy of Charles Edward Stuart’s manifesto and read it aloud to a rapidly assembling crowd. This was an overtly treasonous act by a man widely thought to have been loyal to the British government of George II. But as the ruckus played out, witnesses would allegedly see a number of prominent Jacobite personalities join Hay on the cross and physically compel him to address the busy town centre on behalf of the exiled Stuarts.

According to some of the townspeople who were present, the Lord of Airlie himself, David Ogilvy, stood beside Hay with a sword in his hand, making certain that the bailie got it right and explicitly proclaimed James VIII & III as the rightful ruler of the three kingdoms of Britain. Also there on the cross were two sons of Sir John Ogilvy of Inverquharity, Thomas Ogilvy of East Miln, Charles Rattray of Dunoon, and Airlie’s wife, Margaret Ogilvy. All of them, including Lady Ogilvy, were alleged to have had their swords drawn and either pointed at Hay or held above his head as he hoarsely read out the terms of the Jacobite occupation.1

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Fit To Be Tried

Henry Masterman’s observations of Jacobite prisoners as witnesses

In the spring of 1746 on a journey that lasted over two months, Henry Masterman and his clerk, Richard Wright, visited a number of jails in Lancaster, Chester, York, Lincoln, and London. There, these men interviewed Jacobite prisoners and took notes on their characters to assess their level of guilt and their willingness to testify against fellow inmates as witnesses for the Crown.1 Masterman was known for his experience with criminal prosecutions and for his great ‘fidelity’ to the government, borne out through his service in a similar capacity in the wake of the 1715 rising.2 Thirty years later he was once again asked to determine in what ways these suspects were involved in the Forty-five, including those who had ‘in any way fomented and encouraged it, as [well as] those who were actually in arms’.3 Masterman’s letters recount a tedious process fraught with the intransigence and dishonesty of many of the captives, in some places around half of which required a translator who could understand the language ‘universally Spoke in much ye greatest part of ye Highlands’.4

By the beginning of the new year in 1746, the British government once again found itself deeply mired in a civil war, as what would prove to be the final Jacobite challenge played itself out across Scotland and England, with France seemingly waiting in the wings. The Jacobite army had only recently recrossed the Scottish border after turning back at Derby, and just four months later its martial campaign would be ruthlessly crushed by British forces under William Augustus, the Duke of Cumberland, on Culloden Moor in the Highlands of Inverness-shire. Even in the midst of the crisis while both armies were still in the field, many hundreds of alleged Jacobite soldiers and civilians who were captured in the preceding months were already being examined and processed by agents within the Hanoverian government. After over half a century of dynastic and political contention that repeatedly manifested in clandestine plots and active Jacobite risings, these agents were sharply focused on creating a plan to punish treasonous activity that would ensure this was the very last time they would have use for one.5

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