Tag: clemency

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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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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