Transportation of Prisoners of the 1745 Rebellion
Scottish History Society, Prisoners of the 45, Vol.I Pages 24-28; 39-45 1.
TRANSPORTATION WITH INDENTURE:-
Whatever the policy of Cumberland may have been, and it was not likely to err on the side of leniency, it must have been early apparent to the English Government that they could scarcely carry out the trial and the inevitable sentence of death on some 3500 prisoners, even though technically found guilty of High Treason. A similar difficulty had occurred before, in previous troubles of the same sort. Cromwell had deported Royalist prisoners ; and Sir George Mackenzie, in his Vindication of Charles II.'s Government, says : "As to sending people away to the plantations, none were sent away but such as were taken at Bothwell Bridge or in Argylles rebellion ; and the turning capital punishment into exile was an act of clemency not cruelty."
Mackenzie, in fact, anticipated—if he did not coin—the euphemistic expression "the King's Mercy," of which so much was heard in the years following Culloden. After the Rising of 1715/16, also, the policy of transportation was carried out, and some 700 prisoners taken at Preston were sent abroad and sold as slaves to the West Indies merchants. Commenting on this, even the Whig historian Burton says :
"It is painful to see on the Lists the many Highland names, followed by "Labourer." Implicit obedience had been their crime, and in many instances they had been forced into the service for which they were punished, as absolutely as the French conscript or the British pressed seaman."
The simplest solution of the difficulty in dealing with the even larger number of prisoners in 1746 was to follow these 24 precedents. But experience in 1716 had shown that it was not always easy to make certain that transported individuals would reach their destination, or that, having reached it, they would not find their way home, especially if they had the command of money. To prevent such miscarriages the Crown Solicitor, Philip Carteret Webb, writing on 4th September 1746, said :
"As to the prisoners that have escaped the lots, if they are to be transported, you may be assured that most of them will return again in a short time. It happened so in 1716. Suppose a law was made for transporting them, and marking them on the face with a hot iron and making it felony if they return; without such a mark, every law will be ineffectual."
This proposal was apparently too much for even the English Government of 1746, and no more was heard of it. The forecast, too, of the probability of most of the transported persons escaping was completely stultified by events, for only about half-a-dozen are known to have done so. By the end of 1746 the process of lotting the prisoners in the English prisons and in the transports in the Thames had been carried out, and the names of those on whom the "justice" lot had not fallen had been submitted to the Privy Council, along with the petition of each individual "to be pardoned on such conditions as His Majesty shall think fit." Moreover, the Commissions had completed the farcical proceedings of trying prisoners on whom the lot had fallen, as well as those who had been specially selected for trial. The large majority of these individuals had been convicted and sentenced to death ; but, in most cases, the sentences were commuted to transportation. Finally, there were considerable numbers of 'French' prisoners, who, having failed to substantiate their claim to be French subjects in the technical sense, were regarded as British subjects convicted of High Treason and were mostly sentenced to transportation. Taking all these classes together the number of applicants for the ' King's Mercy ' amounted to at least 866 men, women and children.
To them in due course that "Mercy" was extended ; and the Letter Patent (Patent Roll 3621/3) of 24th February 1747 shows exactly the significance of that term. The relevant portions are as follows :
"George the Second, by the Grace of God, etc. . . . being moved with compassion of our especiall Grace, certain Knowledge, and meer motion, Have pardoned, Remitted, and released, and by these presents for our Heirs and Successors Do pardon, Remitt, and Release (Here follow 744 names.) All . . . Treasons, Misprisions of Treason, High Treason, Insurrections, Rebellions, Murders, Homicides, Killings . • • and Felonies . . . perpetrated by themselves alone or with any other persons . . . before the 23rd day of January 1746/7 by reason of their being concerned in the late Rebellion. • • • ' Provided nevertheless, and these our Letters Patent are and shall be under this express Condition, that, if they . . • upon request to be made to them for that purpose, shall not seal an Indenture to be made between them of the one part and Richard Gildart of Liverpool, Merchant, or Samuel Smith of London, Merchant, of the other part, ... by which Indenture they shall bind and put themselves An Apprentice and Servant to the said Richard Gildart and Samuel Smith ... to serve them or their Assigns in our Colonies in America during the term of their natural lives . . . together with a Covenant in such Indenture truly and faithfully to serve such their Masters or their Assigns in such our Colonies for and during the Term of their respective Lives according to the Laws and Customs thereof, 'And if they . . . shall not consent and submit themselves to be Transported by such their Masters or their Assigns into our Islands or Colonies in America ... or shall not remain and continue in the said Islands or Colonies ... or shall, at any time after this our Pardon and before their Arrival in any ot the said Islands or Colonies, be without some lawful cause at large in our Kingdom of Great Britain or Ireland or elsewhere, 'Then, this our Pardon as to such of the Persons ... who shall not perform or fulfill our Express Conditions shall be altogether void and of no force. . . ."
This, speaking generally, was the form of pardon that applied to the rank and file of the prisoners; and, in substance, it was nothing less than the legalised selling of the individual men to perpetual slavery in the West Indies and in the colonies of North America. Again, on 20th August 1747, the Council decided on the cases of prisoners under sentence of death in Southwark, York Castle and Carlisle :
"That all Common men ... viz 46 at York and 47 at Carlisle be pardon'd on condition of Transportation for Life. ' And that the following Persons should be pardoned on the like condition of Transportation for Life." (Here follow 49 names.) (S.P.Dom., 100-65/68.)
In all cases of transportation official notification was sent to the Governor of the colony concerned. Thus, on 18th April 1747, referring to a batch of 19 prisoners, Newcastle informed the Governor of Barbadoes :
"You are to take notice that such of the prisoners as shall refuse to enter into Indentures are not to be set at Liberty, but obliged to serve in the same manner as if they had really entered into Indentures pursuant to the Terms of the said Pardon." (S.P.Dom., 96-101.) Although the King's Pardon clearly laid down that the prisoners were bound to serve Samuel Smith or Richard Gildart "during the term of their natural lives," it is possible that the actual indentures only covered a period of seven years. Thus, in an undated petition, Thomas Johnson, probably the American agent of one of the contractors, complains that several prisoners refuse to sign the indentures, and desires that an order be sent to the "Governors of such plantations they shall come to that said prisoners shall serve seven years." (S.P.Dom., 159294.)
SIMPLE TRANSPORTATION WITHOUT INDENTURE:-
Another form of the "King's Mercy," i.e. transportation Pure and simple, is shown in the following example (S.P.Dom. Entry Book, Bk. 85, p. 84), in which the Duke of Bedford on 9th November 1748 addresses the High Sheriff for the County of Cumberland :
"Whereas His Majesty has been pleased to extend his Mercy to several Rebel Prisoners remaining in your Custody, vizt.: (Here follow 13 names.) upon Condition of Transportation during their natural lives into the Colonies of America or some of them, there to serve and remain during their lives. And a Pardon having passed the Great Seal for that purpose. These are to authorize and require you to deliver into the hands of the Bearer hereof . . • the Bodies of all the said Prisoners, he having my Warrant to receive and conduct them to Liverpool, there to be put on board a ship, in order to their being Transported to some of His Majesty's Colonies in America. . . ."
Similar warrants were issued to the High Sheriffs of York and Surrey, and the total number of persons to whom this form of pardon was granted on this occasion was 33 ; it is probable, however, there were more. In the case of these men also, there is no reference to their being called upon to "bind and put themselves an apprentice" to Messrs. Smith and Gildart; and it is perhaps fair to conclude that, though transported under Government arrangements to America, they were not under the definite sentence of slavery which was imposed on the earlier group. It would, however, be equally possible to regard the term "to serve" as another form of what had come to be regarded as common practice.
ANALYSIS OF PARDONS AND TRANSPORTATIONS:-
Summarising the different types of the "King's Mercy" which appear in the State Papers we arrive at the following results:
1. Transportation with Indenture, 24.2.1747. (P.R., 3621-3. S.P.Dom., 06-101, 100-65) . 866 names.
2.Simple Transportation without Indenture, 9th November 1748. (S.P.Dom. Entry Book, 85-84 ; 100-65/68) . 33 names
3. Banishment to America, 24th September 1748. (P.R., 3625-14) 37 names
4. Banishment' outside our Dominions,' 2nd July 1747. (P.R., 3622-12) 121 names
5. On enlistment. (P.R., 3625-21, 22nd July 1747 ; S.P.Dom. Entry Book, 84, 22nc Sept. 1747) 92 names
6. Conditional Pardons. (P.S. Docquet Book) 7 names
7. Unconditional pardons. (P.R., 3623-2 S.P.Dom., 100-65) 8 names
Total 1,164 names
The first three classes, numbering 930 persons, represent those who were transported. An examination of the State Papers Domestic Entry Books renders it possible to arrive at a conclusion as to how these 936 persons compare with those who, on the dates mentioned, were still shown on the rolls awaiting transportation, and were actually detailed by name to be handed over to messengers for delivery to Smith and Gildart, the transportation contractors. These are summarised in the following table :
Date of Warrant Prison Number of Individuals Port of Embarkation
In SPD Entry Book
20.03.1747 Tilbury 331 Thames
20.03.1747 Southwark 16 Thames
24.03.1747 Carlisle 161 Liverpool
24.03.1747 Lancaster 73 Liverpool
24.03.1747 York 71 Liverpool
24.03.1747 Lincoln 53 Thames
24.03.1747 Chester 34 Liverpool
09.11.1748 Carlisle 13 Liverpool
09.11.1748 York 9 Liverpool
09.11.1748 Southwark 11 Thames
22.11.1748 Lancaster 22 Liverpool
Total 794
The two figures, it will be seen, tally very fairly, for 936 persons received one form or other of the "King's Mercy," and 794 were ordered to be removed from the prisons in which they were confined for embarkation. The difference of 142 persons would be accounted for partly by deaths between the date of "pardon" and that of transportation, partly by unexpected unconditional pardons obtained at the last moment by political pressure or other means, and partly by individuals turning King's Evidence and ultimately obtaining their release ; it is possible also a few were transported after November 1748. On the whole, it is probably safe to say that the number of Jacobite prisoners transported and banished to America was about 936, more or less ; and that this figure takes no account of 382 French prisoners discharged and exchanged as prisoners of war, of 92 prisoners enlisted, or of 121 persons banished "outside our Dominions."
CONTRACTS FOR TRANSPORTATION:-
The first reference to contracts with shippers for the transportation of Jacobite prisoners to the West Indies and North America appears in the Minutes of the Treasury Board of 18th September 1746 (T.B.P., 320, of 18th Sept. 1746). Preliminary agreements had been negotiated between Mr. Sharpe, the Treasury Solicitor and the two individuals who tendered, Mr. Sam Smith of Catcaton Street, London, and Alderman Richard Gildart of Liverpool. The Minutes of the Board are as follows :
"WHITEHALL, TREASURY CHAMBERS, 18 Sept. 1746. Read a report from Mr Sharpe informing My Lords (Mr Sharpe also attending) that Alderman Gildart and Mr Smith propose to Transport the Rebells at £5.10. per Head to any of His Majesty's Plantations. My Lords agree to the proposal at £5 per head, and the persons to be taken at the respective Ports appointed by My Lords."
On 26th May of 1747 the Board received a Memorial from Gildart
"praying payment of the 1st payment of £2.10.0. per head for 157 Rebels transported by him pursuant of his Contract; and for providing for 14 others that were discharged by the Duke of Newcastle's Order." (T.B.P., 29/31, page 18.)
A warrant for payment was prepared accordingly, but only for the persons actually transported. On 21st January 1748 Gildart again petitioned the Treasury
"for full allowance of 14 persons discharged by warrant from Duke of Newcastle, after they were shipped for transportation." {T.B.P., 29/31, page 69.)
To this petition the Treasury replied :
"Lords cannot allow it. Would make a bad precedent." (T.B.P., 29/31, page 81.)
This shows that, even at the last moment, when placed on board the contractors' ships, a certain number of prisoners were released by warrant from Newcastle without any record being kept of the fact. The names of the fortunate individuals cannot be traced now, but they probably consisted principally of persons who had sufficient private interest behind them to secure the Duke's favour. This practice undoubtedly accounts, in part at least, for the discrepancy which exists between the numbers to whom the "King's Mercy" was extended and the numbers actually transported.
ORDERS FOR TRANSPORTATION:-
At the beginning of 1747 (New Style), after the Commissions had disposed of the trials of prisoners, orders for the application of the "King's Mercy" were in process of being issued ; and it was necessary to take action towards carrying out the provisions of that iniquitous instrument. A meeting of the Privy Council held on 21st January 1747 considered the question of expediting the process of transportation (S.P.Dom., 93-233). Mr. Sharpe attended and "was directed to get all the common highlanders who are Pardoned on condition of transportation, exclusively of the Gentlemen and officers, transported forthwith, and to get the Pardon for the French Officers passed, and the said Prisoners sent away to France as soon as possible."
THE PROCESS OF TRANSPORTATION:-
In order to indicate the course of events after lotting and pardon of these individuals the following documents may now be considered. On 19th March 1747, Newcastle wrote (S.P.Dom., 96-100) to the High Sheriff of the County of Surrey, regarding lotted prisoners in Southwark prison, in the following terms :
"His Majesty having been pleased to extend his Mercy to several Rebel Prisoners remaining in your Custody (here follow 16 names) upon condition of transportation during their natural lives, and a Pardon having passed the Great Seal for that purpose, I am commanded to signify to you His Majesty s pleasure, that all the said Prisoners should be deliver'd to Mr Samuel Smith, Contractor for transporting the said Rebels, or to his Agent, in order to their being carried accordingly to some of His Majesty's Colonies or Plantations in America, and you will take a receipt for all the prisoners you shall deliver, and transmit the same to me."
A letter couched in similar terms (S.P.Dom., 96-68) was sent to "Robert Barker Esq, Commanding Officer on Board the Transports lying off Tilbury Fort" ; to "Gilbert Caldecot Esq, High Sheriff of the County of Lincoln" ; and to "Francis Cayran Esq, Commanding Officer at Tilbury Fort." In each case the prisoners to be handed over were detailed by name. The military authorities arranged for the escorting of the prisoners to the waiting transports. A formal receipt was given for them by Robert Leigh, agent to Mr. Samuel Smith (S.P.Dom., 96-124), in the following terms :
"Received ... the Bodys of the Rebell Prisoners within mentioned, with intention to have them conducted with all possible expedition to Liverpool, where ships are provided by Mr Samuel Smith to transport them . . . agreeable to his contract with the Government." RT LEIGH, ' Agent to MR SAMUEL SMITH.'
It was obviously necessary, on each occasion on which a ship left for the colonies with prisoners, to inform the Governor of the colony concerned of the plans regarding these convoys ; and one communication (S.P.Dom., 96100), typical of the whole, dated 26th March 1747 and signed by Newcastle, is as follows :
"His Majesty having been pleased to extend his Mercy to a great number of persons who were concerned in the late rebellion, upon condition of being transported to some of His Majesty's colonies or plantations abroad during their natural lives, and as many of them are now shipped on board transports for that purpose and will be landed in Barbadoes by Mr Samuel Smith, the Contractor for transporting the said Rebells or his agent, I am commanded to signify to you His Majesty's pleasure that you should, with all convenient speed transmit to me an exact list of all such as shall arrive and be landed there, and I am at the same time to recommend it to you to give Mr Samuel Smith or his Agent all possible assistance in the prosecution of this affair. "To the Governor of Barbadoes."
Another interesting report, dated 21st May 1747, by Richard Gildart, transportation agent, addressed to the Treasury appears in the Treasury Board Papers (T.B.P., 328-7). Gildart states that in the night of 5th May he was embarking prisoners from Carlisle and Chester on two ships, the Johnson and Gildart, at Liverpool. Most of the prisoners were in a boat, handcuffed together in pairs, and were being towed out to the ships by a small yawl. When they got alongside the Johnson the boat fouled her cable and upset, drowning eight men.
Gildart's letter to the Treasury was of the nature of an appeal on account of the "large expence in providing Provisions, Bedding and Cabbins in the ship" for the said prisoners. Whether the Treasury ever compensated him for the loss of these men, on each of whom he expected to get £7 on the other side of the Atlantic, is not recorded.
A reference to the Prisoners' Lists will show that in the carrying out of the transportation orders no discrimination was shown in regard to age or sex. Men of seventy as well as boys of thirteen (vide William Clapperton) and women shared this fate. This is the more remarkable, especially in the case of old men, as the demand for them as "servants" in the New World cannot have made their transportation a financial attraction to the contractor.
The carrying out of the transportation programme was a lengthy one. The journey itself, as shown in the case of the Veteran, had lasted from 8th May to 28th June 1747, when she was picked up by a French cruiser a day's run from her destination. When a ship arrived there were formalities to be completed regarding the registration of the prisoners and their disposal; and the round voyage out and home must have been a matter of months. At intervals, from 8th May 1747 to the end of the following year, ships left the Thames and the Mersey with prisoners. References to the matter, however, cease to appear in the State Records after the spring of 1749.
A) List of Prisoners from York Transported on the Johnson 5th May 1747 to Port Oxford, Maryland, arriving 17th July 1747. Nine Prisoners from York. http://files.usgwarchives.net/md/statewide/immigration/johnson.txt
John Arbuthnot:- Sixty-three year old tailor from Aberdeen. Volunteer in Duke of Perth's Regiment. Captured at fall of Carlisle. ( S.P.D., 79-26, 81-88, 94-275, 96-124; P.R., 3621-3)
John Cameron:- Sixty year old Labourer from Lochaber. Volunteered in Lochiel's Regiment. Captured at fall of Carlisle. (S.P.D., 79-26, 91-84; Scots Mag., Oct. 1746, 486; P.R. 3621-3)
William Cowan:- Fifty-two year old tailor from Prestonpans. Joined Duke of Perth's Regiment. Captured at fall of Carlisle. (S.P.D. 79-26, 81-88, 91-77, 96-124; P.R. 3621-3
John Duncan:- Forty-two year old fisherman from Montrose. Joined as a drummer in Ogilvy's Regiment. Captured at fall of Carlisle. (S.P.D., 79-26, 81-88) Pleaded guilty at his trial in York on 2nd October 1746 and sentenced to death, but was reprieved and later transported. (Scots Mag., 1746, 483-543; S.P.D. 88-124; P.R. 3621-3)
John Grant:- From Glenmoriston. Volunteered for Glengarry's Regiment. "A common Highlander, a boy assisting the rebels". (JR., Edinburgh; S.P.D., 81-88; P.R. 3621-3)
Donald M'Gillies:- Eighteen year old labourer from Inverness. Joined Glengarry's Regiment. (S.P.D. 91-77; P.R. 3621-3)
Archibold M'Intyre:- Fifty year old lead miner from Aryllshire. (S.P.D., 81-88, 91-84, 96-124; P.R., 3621-3)
Angus M'Leod:- Thirty-five year old labourer from Inverness. Joined Glengarry's Regiment. (Scots Mag. 1746, 486; P.R. 3621-3)
Thomas Ross:- Sixty-three year old labourer from Aberdeen. (S.P.D., 91-77; Scots Mag., Oct. 1746, 485; P.R. 3621-3)
B) List of Prisoners from York Transported on the Gildart 5th May 1747 to Port North, Potomac, Maryland, arriving 5th August 1747. Seven Prisoners from York. http://files.usgwarchives.net/md/statewide/immigration/gildart.txt
Alexander Cameron:- Nineteen year old labourer from Lochaber. Joined Lochiel's Regiment. Captured at fall of Carlisle. (S.P.D., 79-26, 91-84; P.R. 3621-3)
Daniel Cameron:- Forty year old from Ardnamurchan, Argyllshire. Wounded in leg at Battle of Prestonpans and taken prisoner when the Prince left Edinburgh, and sent to Carlisle and then York. (J.R., Edinburgh; S.P.D. 81-88, 88-124; P.R. 3621-3)
Dougal Cameron:- Originally from Inverness. Joined :Lochiel's Regiment. Captured at fall of Carlisle. (S.P.D., 79-26, 81-88, 81-293; P.R. 3621-3)
John Duncan:- Apprentice carpenter from Dundee. Joined Ogilvy's Regiment. "Not 15 years old". Pleaded guilty at his trial in York on 2nd October 1746 and was sentenced to death, but was reprieved and transported. (S.P.D. 88-42; P.R. 3621-3)
Angus M'Donald:- Labourer from Inverness. Joined Glengarry's Regiment. "Denies that he was concerned with the rebel army". (S.P.D., 89-272; P.R., 3621-3; T.B.P., 327-109)
Angus M'Donald:- Fifty year old from Rannoch. Joined Keppoch's Regiment. "Prest by the Highlanders" (S.P.D., 91-84, 88-124; P.R., 3621-3)
John M'Donald:- Forty year old labourer from Perth. Captured at fall of Carlisle. (S.P.D., 79-26, 91-77; Scots Mag, Oct. 1746, 486; P.R., 3621-3)
C) List of Prisoners from York Transported on the Veteran 5th May 1747 to Antigua. Ship captured by French privateer Diamand and taken to Martinique where prisoners released. (See Separate article on the Veteran). Seventy Prisoners from York.
D) List of Prisoners from York listed for transportation but whose fate is uncertain. Thirty-three Prisoners.
John Beaton (Beating):- From Inverness. Sergeant in Duke of Perth's Regiment. Captured at fall of Carlisle. (S.P.D. 79-26, 81-88) Pleaded guilty at his trial and sentenced to death, but was reprieved. He stated that he had been tried for desertion at Carlisle and condemned, but was pardoned by the Duke of Cumberland. He appealed for release in 1751 as he had not been transported. (Scots Mag., 1746, 483, 543; S.P.D., 88-42, 112-25, 116-22.)
George Boy:- "Taken in actual rebellion" (S.P.D., 81-88; T.B.P., 327-109) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
John Burn:- From Northumberland and captured at fall of Carlisle. (S.P.D. 79-26, 91-84; P.R. 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Aeneas (Angus) Campbell:- From Lochaber. "A common Highlander. In rebel service". (J.R. Edinburgh) From the date of his capture he must have been one of the stragglers or deserters on the march south. (S.P.D. 81-88; P.R. 3625-14) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
William Crosby:- Weaver from Ballyerdaff, Meath, Ireland. Joined Manchester's Regiment. Captured at the fall of Carlisle. (S.P.D., 79-26, 81-293) Tried at York on 2nd October 1746 and sentenced to death. On day fixed for his execution he was reprieved. (Scots Mag. 1746, 543; S.P.D., 88-42, 107-74; P.R., 3625-14) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
John Cruikshank:- Seventeen year old weaver from Aberdeen. (Allardyce, ii) He submitted a petion for release from York. Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
John Denatis (Denothy or Denator):- Wig-maker. Servant to Mr. Charles Boyd, son of Lord Kilmarnock. "Carried arms. York goal". (P.C. 264) This man was a Frenchman and was probably exchanged as a prisoner of war. (S.P.D., 91-84) On the other hand, in an enquiry dated 17th January 1749, he is referred to as a prisoner under sentence of death, who had been overlooked. (S.P.D. Entry Book, 84-17; P. 91-84; P.R. 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
David Greig (Gregg):- (S.P.D., 81-88) Nothing known of his fate. Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
John Lackey:- Weaver from Edinburgh. (S.P.D., 91-84; P.R. 3621-3) Nothing more known of him. Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
James Leckie:- "Taken in actual rebellion". (S.P.D., 81-88; Scots Mag., Oct. 1746, 486; T.B.P., 327-109). Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
Matthew Matthew(s):- Weaver from Co. Kildare, Ireland. Joined Manchester's Regiment. Captured at fall of Carlise. (S.P.D., 79-26, 81-293). "A poor deaf man". He pleaded guilty at his trial in York on 2nd October 1746, was sentenced to death, but was reprieved. (Scots Mag., 1746, 483, 543; S.P.D., 88-42, 107-74; P.R., 3625-14; Baga, Ixix. 189) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
James M'Auly (M'Cally or M'Coilley):- Captured at fall of Carlisle. "Taken in actual rebellion". In Roy Stuart's Regiment. (S.P.D., 81-88) Pleaded guilty at his trial in York on 2nd October 1746 and was sentenced to death, but reprieved. (S.P.D., 88-42; Scots Mag., 1746, 483, 543; Atholl, iii. 132) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Anges M'Cartney (M'Carty):- Eighteen years old from Belfast. Captured at fall of Carlisle. (S.P.D., 81-293, 91-84; Scots Mag. Oct. 1746, 486) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Daniel M'Coy:- "Taken in actual rebellion". (S.P.D., 81-88; T.B.P., 327-109) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
Peter M'Lean:- Twenty-eight years old. In French service. Captured at Carlisle. "Taken in actual rebellion". (S.P.D., 81-88, 88-124; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart. Being French may have been exchanged as prisoner of war.
William M'Lean:- Thirty-two yearold labourer from Inverness. (S.P.D., 81-88, 91-84; Scots Mag. Oct. 1746, 486; T.B.P., 327-109; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Alexander M'Leod:- Fifty year old carrier from Nithsdale. "Belonged to Guise's regiment and was therefore a deserter". (S.P.D., 81-88, 91-84; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
George Miles:- "Servant for many years to a captain in the rebellion". Pleaded guilty at his trial in October 1746 and was sentenced to death, but reprieved on condition of banishment to America September 1748. (S.P.D., 88-42; P.R. 3625-14) Not listed on either the Veteran, Johnson or Gildart.
William Mills:- Twenty-three year old from Lancashire. Joined Manchester's Regiment. "Taken in actual rebellion". (S.P.D., 81-88) Pleaded guilty at his trial on 2nd October 1746, was sentenced to death, but was reprieved. (Scots Mag. 1746, 483, 543; T.B.P., 327-109; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
Andrew Milne:- Nothing more known of this man. (S.P.D., 96-124; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Duncan Monro:- Joined Glenbucket's Regiment. "Taken in actual rebellion". (S.P.D., 81-88; T.B.P., 327-109) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
John Murray:- From Aberdeen. Joined Glenbucket's Regment. Captured at fall of Carlisle. (S.P.D., 79-26, 81-88; T.B.P. 827-109; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 2. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
Archibald Patton:- Carpenter. Joined Manchester's Regiment. "Taken in actual rebellion". Pleaded guilty when tried 2nd October 1746 and was sentenced to death, but reprieved. (Scots Mag., 1746, 483, 543; S.P.D., 81-88, 88-42, 107-74; P.R., 3625-14; Baga, Ixix. 190) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
John Poustie:- From Edinburgh. (S.P.D., Entry Book, 85; Baga, Ixix. 183) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
George Read (Reed):- Joined Ogilvy's regiment. "Taken in actual rebellion". (S.P.D., 81-88, 96-124; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
William Ross:- Thirty-six year old sailor from Aberdeen. (S.P.D., 81-88, 91-77; T.B.P., 327-109; P.R., 3621-3) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation to Antigua, but not listed on either the Veteran, Johnson or Gildart.
Charles Sedden (Shedon):- Seventy year old servant from Ary. "Taken in actual rebellion". (S.P.D., 81-88, 91-77; Scots Mag., Oct. 1746, 486) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
Charles Shedden:- Coal grieve to Earl of Kilmarnock. (S.P.D., Entry Book, 84; P.R., 3625-8; P.C., 266) May be same person as above. Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation, but not listed on either the Veteran, Johnson or Gildart.
William Thompson:- Forty year old from Little Kenny, Kingoldrum, Forfar. "Served as a volunteer in Lord Ogilvie's Regiment". Captured at fall of Carlisle. (S.P.D., 81-88, 96-124, 91-77; T.B.P., 327-109; P.R., 3621-3; P.C., 288) Scottish History Society, Prisoners of the 45 Vol. 3. Shows him as marked for transportation to the Leeward Islands, but not listed on either the Veteran, Johnson or Gildart.
Some of the above may have been transported after 1747. The majority however, were probably released following the Act of Indemnity 1747.
'ACT FOR THE KING'S MOST GRACIOUS GENERAL AND FREE PARDON' The Act of Grace (Ref:- Scottish History Society, Prisoners of the 45, Vol. I Pages 55-56)
The most important of the special Acts dealing with the '45 was the Act 20 Geo. II., cap. 52, which is often shortly, and somewhat humorously, styled 'The Act of Grace.'
“The King, having already showed his Royal Inclination to Mercy by many particular instances of grace to such as had rendered themselves obnoxious to the Law and subject to the highest penalties ... has resolved to grant his General and free Pardon in a large and bountiful manner, not doubting but that ... it will raise a due sense of gratitude in all who have been artfully misled into treasonable practices against his person and government. . . . Therefore he desires it to be enacted °y this Parliament that all his subjects ... be acquitted, pardoned, etc. of all manner of treasons, felonies, seditious words, seditions, etc., all riots, offences, contempts etc. committed before 15th June 1747 . . . with the exception of those excepted.”
The Act then excluded from its beneficial provisions the following classes
a. All persons in the Service of the " Pretender " on 15th June 1747.
b. All persons who had served the King of Spain since 19th December 1739.
c. All persons in the service of the French Crown since 29th April 1744.
d. All persons who were concerned in the Rising itself or in conspiring or assisting it.
e. All persons, who, in connexion with the Rising, have been beyond the Seas between 20th July 1745 and 15th June 1747.
f. All persons of the name and clan of Macgregor. g. All persons attainted of high treasons before 15th June 1747.
h. Finally 85 named individuals.