Author: Darren (page 1 of 2)

A Case of Mistaken Identity

A note about Edward Gibson, an important witness involved with prosecuting Jacobite prisoners

To reinforce our recent discussion of critical thinking about the historical data used within a project like JDB1745, this week’s post illustrates an example of that application in action. While looking through some of the published trial records related to government prosecution of the Manchester regiment, team member Bill Runacre found a data conflict that took a bit of detective work to iron out. In the 1816 trial transcript of Captain James Bradshaw, published in Vol. XVIII of Howell’s (or Corbett’s) State Trials, amongst the witnesses who took the stand against the Manchester officer was one Henry Gibson, allegedly a soldier in Elcho’s Jacobite cavalry troop. Some character notes about Gibson are described within the transcript:

Henry Gibson was also produced and sworn, who said, That he himself was unfortunately seduced into the rebel army, and entered into lord Elcho’s troop of horse-guards; that the prisoner, Mr Bradshaw, marched with them as a private man in the said corps; that the troop was drawn up at the battle of Culloden, and that he there saw the prisoner on horseback in the said troop, with pistols, and a broad sword by his side, and a white cockade, and that he continued with the said troop till he was taken prisoner by his royal highness the duke of Cumberland’s army.1

Much of Gibson’s testimony against Bradshaw sounds quite similar to that of dozens of other witnesses brought in to inculpate suspected Jacobite prisoners in the years following the failure of the final rising. Pertinent details which the government found most helpful often included firsthand descriptions of the defendant’s presence within the Jacobite army and specific duties in that station, persons of repute with whom they were seen conversing, and the identification of clothing and arms that were worn during their tenure in Jacobite service. The collective depositions by Gibson and those of at least eight other witnesses were enough to condemn James Bradshaw, and he was thus found guilty and subsequently executed in London on 28 November 1746. As it turns out, however, Henry Gibson did not actually exist.

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Home and Away

List of the persons in Appin and Glencoe who were either at home or abroad during the Forty-five

In the days and months after the bloody defeat of the Jacobite army at Culloden, the British government scrambled to obtain evidence of anyone and everyone who might have taken part in the rising. In addition to calling upon the extensive network of Presbyterian clergy spread across Scotland to be their eyes and ears, British officials instructed both local administrators and individual landholders alike to create rosters of those known to have refrained from treasonous behavior. A cagey measure that was no easy task for either regional authorities or private factors to accomplish, this method of information gathering would nonetheless yield a significant number of names for government prosecutors, in turn giving them a robust pool of leads into which to launch their investigations. Indeed, anyone not recorded in these lists of certified abstainers was essentially fair game.1

In addition to soliciting lists of those who were thought to be ‘safe’, customs officers at both major and minor Scottish ports were required to tally registers of travelers known to have Jacobite inclinations, as well as those who were believed to have actually carried arms in the rising.2 Despite their appearance in writing, of course, not all of the included names were of men and women who were actually involved. A great many were jotted down by authorities and subsequently hauled in on suspicion alone, but most of these were soon set free due to lack of evidence or other exculpatory testimonies. Others were included due to faulty evidence from witnesses who simply got it wrong, and some were falsely implicated by those with distinct agendas. After all, what better time to strike at a personal enemy than during the chaos and confusion of civil war?3

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The Forest for the Trees

Memorial for George Murdoch, tacksman in the Wood of Mugdock, Stirlingshire

Sometime during or shortly after the Jacobite conflict in 1745-6, a tacksman of the 2nd Duke of Montrose named George Murdoch penned a troubled memorial to his laird. Within this missive, he explains that it would be impossible this year to honor his contract of tenancy, wherein Murdoch was to provide 8000 merks over a period of seven years as rent, capitalized by the cutting and sale of timber from Mugdock Wood in the Stirlingshire parish of Strathblane.1 The problem, he cites, is that the normal operations of business had essentially ground to a standstill on account of disruptive Jacobite activity in the region.

Murdoch’s contract, which had been worked up by Montrose’s factors in February 1744, contained the usual ‘salvo’ or contingency for disasters that might impede the regular course of trade. These included cases of war, pestilence, or famine – the most common uncontrollable misfortunes that could affect the timely payment of rent. The ‘publick calamity’ occasioned by the presence of Jacobite recruiters and soldiers on the loyalist estate of Montrose should be counted among these, claims Murdoch, and he asks for ‘prorogation’ or extension of the contracted time to exclude this unfortunate period of stale business:

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Fierce Intelligence

The intelligence report from Patrick Campbell’s Highland venture, Autumn 1746

Our last post explored some examples of the Highland cantonment schemes proposed by British government officials after Culloden, their locations largely selected based upon a combination of local banditry, general lawlessness, and noted recalcitrance toward the policies of the Whig administration of George II – defiance often manifested by varying levels of Jacobitism. Some of the loyalists who were responsible for influencing the creation of these garrisons had witnessed the violence and disorder firsthand – like Donald Campbell of Airds, whose own property was savaged, ironically, by soldiers of the British army.1 Nonetheless, the unpredictable and complex lattice of malleable alliances, divergent loyalties, and partisan politics in certain remote areas of Scotland essentially guaranteed that some kind of official program of regulation would be instituted after the brutal coda of yet another armed rising.2

Access and control were collectively the name of the government’s game in eighteenth century Scotland. The Western Highlands bore the brunt of unconscionable retaliation and enforcement after Culloden not because it provided the largest number of rebels who bore arms (it did not), but because it was so difficult to regulate due to the remoteness of its communities and the severity of its weather and terrain. While the isolated villages and steadings in many regions of the Highlands provided distance and shelter for their occupants, that same isolation also enabled heritable chiefs to maintain control of their clans with little interference, as well as allowing currents of Catholicism to endure within a rapidly reforming Scottish populace.3 ‘The old way of life’ may have been desirable for some heritors, but plenty of others were progressive improvers with interests in both imperial ventures and global mercantile investments.4 This alone adequately disproves the popular myth that the Forty-five was a conflict of atavism versus progress.

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State of Distress

Donald Campbell of Airds’ scheme for ‘civilizing’ the Cameron lands, 3 October 1746

Much of the enduring memory and emotion of the final, failed Jacobite challenge blooms from the British government’s retributive and bloody response in the aftermath of Culloden. In what Allan Macinnes calls the ‘exemplary civilizing’ of remote areas of Scotland, a calculated campaign of violent suppression was waged upon recalcitrant communities whether or not they were directly involved in active rebellion.1 Whether tantamount to genocide, as some scholars have argued, the cantonment schemes established in Culloden’s wake and the retaliatory expeditions against communities singled out by government intelligence networks undeniably had a disastrous effect upon ‘Scottish Highland’ culture, though these depredations were not by any means meted out only in the Highlands.

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A Game of Dress-Up

Alexander Robertson’s report of impressment on the Airlie Estate, 9 December 1746.

In early December 1746, well after the active threat of the last Jacobite rising had waned, the British government was still collecting intelligence regarding known rebels who had not yet been apprehended. The report of Alexander Robertson of Straloch from that month, presumably sent to the Duke of Newcastle, is especially interesting for two specific reasons. First, it explicitly calls out the forceful tactics of impressment used against unwilling tenants on David Ogilvy, 6th Lord Arlie’s estate. Second, within it Straloch proposes an elaborate plan to trick lurking Jacobites into revealing themselves – a plan that is both impressively calculated and devious.1

Known informally as Baron Reid, Alexander Robertson of Straloch was a gentleman from the Strathardle area of Perthshire whose family had long been aligned with the house of Argyll and the Hanoverian government. He was a vassal of James Murray, the loyalist Duke of Atholl, and he spent much of the rising assisting the government by providing intelligence reports and offering counsel regarding methods to suppress the rebels.2 Straloch was evidently quite well connected during the Forty-five, corresponding directly with Newcastle – the secretary of George II – and Duncan Forbes of Culloden, the Lord President of the Court of Session. To these officials he sent a series of bulletins between 1745 and 1747 leveraged from the network of Presbyterian ministers in Perthshire and the north-east who received and conveyed useful intelligence about Jacobite movements.3 Straloch was effective enough as an informant to warrant a mandate for capture from Atholl’s brother William, the Marquess of Tullibardine and titular Jacobite Duke of Atholl.4

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Points of Order

John Sharpe’s memorandum of various judicial processes to be completed, 20 January 1747

To-do lists are not only productivity tools for busy modern lives. They were also used extensively by eighteenth-century British government officials to keep pressing topics close in mind, and some even fashioned their memoranda as checklists to ensure they did not miss anything especially important. We see this practice in a document from the British National archives, where Sir John Sharpe, Solicitor to the Treasury during the Jacobite prosecutions after the Forty-five, lists a number of tasks to complete in the winter of 1746-7.1 It is a particularly interesting archival document because it gives us some idea of what critical topics of conversation concerning the prosecution of Jacobites kept government officials occupied. The fact that this task list was written nine months after the Battle of Culloden demonstrates just how much judicial red tape still existed well after the last rising itself had burned out.

Paraphrasing Sharpe’s list of to-dos, we may look in on numerous important points of policy as well as how Jacobite prisoners under charges of treason were processed and treated:

Item #1

Considering the method of how to send prisoners-of-war in French service back to France.

Sharpe notes that he needed to speak at length with Sir Everard Fawkener, the Duke of Cumberland’s secretary, about a peculiar issue: just how to discern which of the prisoners-of-war were really from France, and which were actually born within the Three Kingdoms. This was an important distinction because both the rights and the treatment of prisoners facing charges of treason were different depending on whether they were ‘subjects of the crown’ or legitimate foreigners under the protection of Louis XV. Perhaps unsurprisingly, more than a few of the captured Scottish and Irish soldiers in French service feigned foreign provenance in hopes that it might secure them a lighter sentence – or even freedom altogether. After the recapture of Carlisle by the British army, for example, a Jacobite adjutant in Lord Kilmarnock’s cavalry troop masqueraded as a French officer until a corporal from Hamilton’s Dragoons revealed him to be an Irishman with whom he had already been familiar.2 The Lord Justice Clerk Andrew Fletcher, however, saw no difference between those born in Britain or beyond, stating that anyone should be answerable to charges of high treason if they ever ‘had Residence in the King’s Dominions before the Rebellion’.3 

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The Cost of Battle

Account of Sick and Injured Confined in Stirling Castle, 3 February 1746

Though it is easy to get lost in the romantic historical record of a conflict like the Jacobite risings, occasionally a document comes to light that viscerally describes the dreadful effects of civil war from a time long past. Jail returns like this one, which registers some of the sick and wounded who were confined in Stirling Castle during the spring of 1746, tell us a number of things about the cost of battle in eighteenth-century Britain – both literally and figuratively. This particular return from the National Library of Scotland lists the names and conditions of twenty-six men held at the castle and treated by the doctor there, and some of the language used to describe the wounds of these men truly brings the past alive in a horrific manner.1

Not all of these prisoners were Jacobite soldiers. Only six on the list are specifically noted as ‘rebels’, though three others are recorded as having been in league with Lord John Drummond’s troops in French service, who came to Scotland in the winter of 1745 to fight in the Jacobite army. A further three individuals are simply described as ‘Highland men’, but the implication is that they were also in prison for treasonable acts. At least two of the men appear to be deserters from British army regiments, and the other dozen are not identified by their crimes. Nonetheless, the grisly conditions recorded about many of these prisoners tell of their adversity.

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Why the Need for a Jacobite Database? (Part 3)

Some of the demographic results of organizing the regiment by parish of origin.

In our previous two posts, we introduced a case study model to demonstrate the utility of JDB1745 and we discussed a possible methodology that will give us more accurate results than what has hitherto been published. Now that we have examined the data’s lineage, established as much objectivity as possible, and implemented authority records in our model of Lord Ogilvy’s regiment, we are ready to take a look at the information and organize it in a way that facilitates the most useful analysis for our needs.1 We know that our assessment will not be comprehensive, as more sources are revealed and further biographical information is entered into the database. Yet we can take a ‘snapshot’ based upon the data that we do currently have. Here is what the numbers look like:

  • Mackintosh’s Muster Roll: 628 
  • Rosebery’s List: 41
  • Prisoners of the ’45: 276
  • No Quarter Given: 761

To these, a few further sources can be consulted to add yet more names to the overall collection. A document at the National Library of Scotland, for example, contains another twenty two from Ogilvy’s regiment, and 362 more with no particular regimental attribution.2 A broadsheet distributed by the Deputy Queen’s Remembrancer from 24 September 1747 furnishes a list of 243 gentlemen who had been attainted and judged guilty of high treason, some of whom had likely marched with the Forfarshire men.3 Various other documents from NLS and in the Secretary of State Papers (Scotland, Domestic, and Entry Books) at the National Archives in Kew contribute thousands more, as do those from the British Library, Perth & Kinross Archives, Aberdeen City & Aberdeenshire Archives, and dozens of other publicly accessible collections.4 With a baseline collation of the major published sources regarding Lord Ogilvy’s regiment, buttressed by a few other useful manuscript sources, we have a solid corpus of data to examine.

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Why the Need for a Jacobite Database? (Part 2)

An example of place-name authority usage within JDB1745.

In last week’s post, we set out to introduce the value of a historical database by thinking critically about historiographical and biographical data related to the Forfarshire Jacobite regiment lead by David Ogilvy in 1745-6. While this may seem like a straightforward prerequisite, a comprehensive survey of both primary and secondary sources that address the constituency of this regiment presents a labyrinthine paper trail that requires us to carefully scrutinize the information heretofore recorded. Getting a firm grasp of this ‘lineage’ of data is essential to upholding the accuracy of what is finally entered into our database.

As we suggested last week, simply copying biographical information from published secondary- and tertiary-source name books or muster rolls is not enough to ensure that the data is accurate or even relevant. In short, this practice is ‘bad history’ and opens up the analysis to errors, inconsistencies, and others’ subjective interpretations of primary-source material. In the effort to combat this, we need a methodology that maintains the integrity of the original sources as much as possible while still allowing us to convert them into machine-readable (digital) format. Part 2 of this technical case study will demonstrate one possible method of doing this.

When we discuss the term ‘clean data’, we are referring to information that is transcribed into digital format with as little subjectivity as possible. This means misspellings and known errors from primary sources are left intact, conflicting evidence from disparate documents is retained, and essentially no liberties are taken by the modern historian or data entry specialist to interpret or otherwise blend or ‘smooth out’ information upon entry. Though it might seem unwieldy to use raw data with so many chaotic variables, it would be fundamentally distorting the results to do otherwise.1 As long as we take the time to set up an effective taxonomy for transcribing (now) and analyzing (later) our data, the results will be well worth the extra care.

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