Tag: prosecution (page 1 of 4)

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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Culling the Herd

Some names of the Jacobite prisoners taken up by British army troops around the time of Culloden

To effectively quell the martial threat of the last Jacobite rising in 1745-6, Hanoverian government officials and British military personnel worked together to wage a systematic campaign of disarmament, capture, and prosecution against a mercurial enemy. Their goal, of course, was to identify and punish the most notorious and active rebels for sedition and high treason against the Crown. But it quickly became apparent that there was no possibility enough prison space could be requisitioned to hold the sheer number of alleged Jacobites, both soldiers and civilians, who were brought in upon suspicion or in active rebellion during the nine months of the conflict. British gaol keepers were similarly beleaguered in the aftermath of the 1715 Rising, when as many as 2000 prisoners needed space and subsistence while the process of prosecution played out. In 1745-6, the Jacobite army was significantly smaller, yet well over 3500 suspected persons were immured within a prison system that had not been notably improved or expanded in the preceding thirty years.1

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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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