Category: Judicial (page 1 of 2)

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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Believe It or Not

Examination of John Bruce, allegedly a soldier in Lord Sempill’s Regiment, 30 April 1746

Deceptions and mistruths in eighteenth century judicial cases are rarely different from those in the modern day. The indicted have always lied to save their own skins or to provide cover for people and institutions they wish to protect. Though overloaded with prisoners and casework by the end of the last Jacobite rising, the British justice system was fundamentally sound enough to make the necessary adjustments to expedite an effective method of processing that massive influx of suspected persons. Many of those lessons were learned in the aftermath of the Fifteen, wherein the first Georgian administration sought to balance victory and clemency, hoping to establish an indelible hallmark upon the nascent regime.1 Thirty years later, the system was much the same, and though the categories of punishment scaled with an increased number of prisoners taken from a significantly smaller number of total participants, a fair and accurate penal process was again pursued by many of the Hanoverian ministers who were in charge of prosecution.2

A handful of high-profile Jacobite trials have since been published, offering readers a glimpse into the legal mechanics of treason cases against the Crown, but these are especially focused on prominent characters who were singled out to be made examples of.3 The best way to learn more about the regular folks who were involved in the last Jacobite rising is to go through the plethora of original documents housed in archives across Scotland and England, and sometimes further afield. The paper trails of these individuals are often fragmented on account of them facing examinations in the different places they were held, and subsequent prison transfers and other movements can sometimes make tracking them quite difficult. Nonetheless, the raw information left behind by the accused and by the witnesses in favor of or against them can shed valuable light on both the large and small events of 1745-6. It is worth the time spent piecing together these archive-driven stories, which is a focal objective of the JDB project.

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Lost Lectures

What follows below are the abstracts for two papers that were accepted for presentation this spring at two respective conferences in Florence and in Glasgow. Due to the dangers posed by the coronavirus pandemic early in the year, both of these events – like thousands of other conferences and gatherings around the world – have been canceled. We can hope that these will be rescheduled in the near future and I will be sure to report here and on JDB1745’s social media accounts when and if new dates are chosen. More important than any conference, of course, is our collective health, and the entire JDB team hopes that yours remains or once again becomes robust.

Both of these papers stem from my extended work on the nature of plebeian Jacobite culture through the collection and analysis of large-scale prosopographic data compiled from archival and published sources. Please take care of yourselves; we have much to discover together!

Yours,
Darren


Fifth Colloquium of the Jacobite Studies Trust
Middlebury School, Florence
22-24 May 2020 (Canceled)

By Hook or by Crook
A Modern Reassessment of Jacobite Impressment

Little scholarly debate surrounds the ubiquitous tale of recruits being forced to join and fight in the Jacobite armies during the 1715 and 1745 risings. The general historiography of the later Jacobite era flatly consigns the widespread prevalence of impressment tactics to the status of myth, or otherwise marginalises claims of forcible recruitment as simply a means to evade punishment. Many of these assertions, however, are built upon incomplete, published transcriptions of prisoner lists or without the extensive analysis of large bodies of archival case records. This paper addresses some missed opportunities by considering the context and process of the British penal system in the mid-eighteenth century to re-examine how cases of impressment at Jacobite trials were handled and how they were resolved. Using a prosopographic approach to collect, analyse, and track hundreds of impressment accounts juxtaposed with primary-source evidence that illustrates the nature of Jacobite recruitment through the final campaign in 1745-6, a modern, data-driven reassessment will be presented. This study will also consider the role of the Scottish Presbyterian clergy in vouching for those claiming force, as well as the distinction of Jacobite recruiting tactics compared to other coeval eighteenth-century European armies. The results in total provide some fresh perspectives about the popularity of Jacobitism in its final stage and what that meant to the ‘legitimacy’ and effectiveness of the cause.


Outlander International Conference
University of Glasgow
2-6 June 2020 (Canceled)

‘What Makes Heroic Strife?’
Practical Jacobitism and its Burial at Culloden

The early Outlander novels and television episodes are set against the dramatic background of the final Jacobite rising in Britain and they portray both the movement and its adherents in an uncomplicated and decidedly alluring manner. An entirely new audience has therefore been exposed to the concept of Jacobitism and its place within a larger historical context. But what did it really mean to be a Jacobite in the mid-eighteenth century and how accurately are the common people characterised in the world of Outlander? This presentation digs a bit deeper into the historical reality of the Jacobite ‘cause’ and specifically examines the conflict between ideology and practice and the crossroads between them as exemplified on Culloden Moor in April of 1746. Was it only the hopes of a Stuart restoration that died with the hundreds of Jacobite soldiers on that bleak spring day, or something far greater? Dispelling the myths and casting light on the realities of popular Jacobitism using the latest research on motivational agencies of the numerous Jacobite causes, this brief paper explores the experience of the common soldier against the backdrop of a calamitous civil war.


Darren S. Layne received his PhD from the University of St Andrews and is creator and curator of the Jacobite Database of 1745, a wide-ranging prosopographical study of people concerned in the last rising. His historical interests are focused on the mutable nature of popular Jacobitism and how the movement was expressed through its plebeian adherents. He is a passionate advocate of the digital humanities, data and metadata cogency, and Open Access.

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