Tag: punishment

State of Distress

Donald Campbell of Airds’ scheme for ‘civilizing’ the Cameron lands, 3 October 1746

Much of the enduring memory and emotion of the final, failed Jacobite challenge blooms from the British government’s retributive and bloody response in the aftermath of Culloden. In what Allan Macinnes calls the ‘exemplary civilizing’ of remote areas of Scotland, a calculated campaign of violent suppression was waged upon recalcitrant communities whether or not they were directly involved in active rebellion.1 Whether tantamount to genocide, as some scholars have argued, the cantonment schemes established in Culloden’s wake and the retaliatory expeditions against communities singled out by government intelligence networks undeniably had a disastrous effect upon ‘Scottish Highland’ culture, though these depredations were not by any means meted out only in the Highlands.

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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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Never Going Back

ReadNote

Treasury Board Papers, Account of State Prisoners at Marshalsea, 12 July 1746

Amongst the thousands of Jacobite prisoners taken during the Forty-five, a body which reflects the diversity of the movement both internationally and pan-culturally, a significant portion of these were regular or professional soldiers in the service of other countries. In the middle of the eighteenth century, the nation that made the largest non-British contribution to the Jacobite army, as would be expected, was France. Though it was already fighting a frustrating war on the Continent against its old enemy Great Britain, maintaining a good relationship with the Scots on the northern border of the ‘Atlantic Archipelago’ made sound strategic sense and was seemingly worth the questionable support and, at least, lip-service to the Stuart cause.

In addition to harboring elements of the exiled Stuart Court since the Revolution, Louis XIV and Louis XV were de facto enablers of the Jacobite cause, maintaining l’Auld Alliance not only to suit their own needs. France was in on Jacobite designs since at least 1701 (a year which featured the double-catastrophe of the War of Spanish Succession and the death of James II and VII), and it lent a significant force of soldiers and materiel to aid the attempted Jacobite invasions of Britain in 1708, 1715, and 1744-6. The only French troops that ever really saw significant fighting on British soil in the eighteenth century, however, were those companies and regiments – mostly made up of men from Scotland and Ireland – in service to the two Louies.

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