[CHAPTER XXXVIII.]
A.D. 1746–1747.
BRITISH SOVEREIGN:—George II., 1727–1760.
Commission of Oyer and Terminer—Trial of prisoners—Francis Townley—Jemmy Dawson—Lords Kilmarnock, Cromarty, and Balmerino—Execution of these noblemen—Other executions—Trials at Carlisle and York—Trial and execution of Mr. Ratcliffe—Trial and execution of Lord Lovat—Act of Indemnity passed.
Whilst the issue of the contest remained doubtful, the government took no steps to punish the prisoners who had fallen into their hands at Carlisle; but after the decisive affair of Culloden, when there appeared no chance of the Jacobite party ever having it in their power to retaliate, the government resolved to vindicate the authority of the law by making examples of some of the prisoners.
As it was intended to try the prisoners at different places for the sake of convenience, an act was passed empowering his majesty to try them in any county he might select.
On the 24th and 25th of June bills of indictment were found against 36 of the prisoners taken at Carlisle, and against one David Morgan, a barrister, who had been apprehended in Staffordshire. The court then adjourned till the 3d of July, on which day the prisoners were arraigned. Three only pleaded guilty. The rest applied for a postponement of their trials on the ground that material witnesses for their defence were at a considerable distance. The court in consequence ruled that in cases where witnesses were in England the trial should be put off to the 15th of July, and where they were in Scotland, to the 25th of the same month.
The court accordingly met on the 15th of July, and proceeded with the trial of Francis Townley, Esquire, before a grand jury, at the court-house, Southwark. This unfortunate gentleman had been colonel of the Manchester regiment. He was of a respectable family in Lancashire. Obliged to retire to France in 1728, he had obtained a commission from the King of France, and had served at the siege of Philipsburgh under the Duke of Berwick, who lost his life before the walls of that place. He continued sixteen years in the French service; and after his return to England had received a commission to raise a regiment. A plea was set up by his council, that holding a commission in the French service he was entitled to the benefit of the cartel as well as any other French officer, but this was overruled, and he was found guilty. On the next and two following days eighteen other persons, chiefly officers in the said regiment, were brought to trial. Five were attainted by their own confession of high treason, twelve on a verdict of high treason of levying war against the king, and one was acquitted. These seventeen persons, along with Townley, were all condemned to death, and nine of them, including Townley, were selected for execution on the 30th. The rest were reprieved for three weeks.
Kensington common was the place destined for the execution of these unfortunate men, most of whom met their fate with fortitude and resignation. The execution was accompanied with the disgusting and barbarous details usual at that time in cases of treason.