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. 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.
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. 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.
Anne Abernethy to Robert Forbes of Corse, 21 October 1745
Of the many archival sources relating to the last Jacobite rising that still survive, one category of documents that is noticeably thin is that of personal letters from rebel soldiers. This makes sense for a number of reasons. For one, the army led by Charles Edward Stuart was almost constantly on the march during its eight-month campaign in Britain, leaving little time to write to family back home. Literacy among the rank-and-file troops was not particularly pronounced, and this is borne out by the number of Jacobite prisoners who claimed they could not write, instead leaving ‘their mark’ on government documents in place of a signature. Postal service through the Royal Mail and by private couriers was indeed active during the crisis, but was notoriously unreliable due to poorly maintained roads through often difficult and remote terrain, as well as the fact that the kingdoms were in the midst of a civil war. Packets of sealed letters were regularly seized by agents on both sides of the conflict and were broken open in the search for seditious material and intelligence within. As a result, thousands of missives never made it to their final destinations.
The signature marks of numerous illiterate Jacobite prisoners and witnesses against them
This dearth of important evidence means that it can be a bit more difficult to study the context of the common people who were caught up in the rising, both within the Jacobite army and on the home front. Newspapers and magazines of the time were valuable for getting out basic (and sometimes pointed) information to the masses, but they are nowhere as intimate or revealing as the personal letters themselves. Thankfully, a few significant collections of these letters written by plebeian soldiers and their family members are still preserved in various archives, and they shed a fascinating light on what it was like for some of the ‘ordinary’ people in Britain who were involved – willingly or not – in Jacobite designs during such a tumultuous period.
The deposition of David Clark versus Charles Hay, 12 July 1746
Like many small towns in the path of the rapidly coalescing Jacobite army, the autumn of 1745 was an eventful one for the inhabitants of Coupar Angus. The annual drudgery of the harvest was interrupted across various regions of Forfarshire and Perthshire as swelling companies of rebel soldiers made their ways southward toward Edinburgh. In late September and early October, inhabited towns and villages along the army’s route were solicited by Jacobite recruiting parties looking for warm bodies to join the cause. Requisition officers wrote up strict demands for civic officials to provide supplies for the benefit of the Bonnie Prince’s war effort, and Gàidhlig-speaking strangers in Highland clothing were billeted in private homes without regard for the owners’ approval. Few political conversations occurred openly, as one never knew who was listening in. Clandestine meetings and furtive confabulation concerning treasonous topics were not uncommon occurrences in Coupar Angus, nor in any locality where Jacobite designs were taking shape.
According to the accounts of several common citizens throughout the rural Scottish Lowlands, this harvest season brought with it a palpable frisson that many regarded with equal parts excitement, trepidation, and ambivalence. Though the last Jacobite rising quickly gained momentum in its opening weeks, many participants knew even at that bullish time that success for Forty-five was by no means a sure thing. Matters were especially complicated for those who wanted to remain neutral or otherwise avoid being involved in such a dangerous gambit. And despite the profound vein of Jacobite support that ran through a broad range of disparate Northern Britons, the overwhelming majority of Scotland’s population was firmly set against the idea of a return to Divine Right monarchy under the Stuart kings.