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.
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. 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?
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. 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:
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. 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’.
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. 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. 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. 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. 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.