=17. Penalties after the "Forty-five."=--There was much greater
severity shown after this rebellion than there had been after that in
1715. The Scottish prisoners were brought for trial to England for fear
that they might meet with too much partiality in their own country.
_John Murray_, of _Broughton_, who had been Charles's secretary, turned
informer. Through him the secrets of this conspiracy which had been
going on ever since 1740 were brought to light. _Charles Radcliffe_,
brother to the _Earl of Derwentwater_, who had been beheaded in 1716,
who had then escaped from prison, was retaken on board a French vessel
carrying supplies to the rebels, and was put to death on his former
sentence. The _Earls of Cromarty_ and _Kilmarnock_ and _Lord Balmerino_
were brought up for trial before the House of Lords. _Cromarty_ and
_Kilmarnock_ pleaded guilty; _Balmerino_ tried to save himself by a
quibble about a flaw in the indictment, but this was overruled, and
they were all three condemned to death. _Cromarty_ was pardoned, but
_Kilmarnock_ and _Balmerino_ were beheaded. Nearly a year after, _Simon
Fraser, Lord Lovat_, was brought up for trial; he was found guilty,
chiefly on the evidence of _Murray_, was condemned, and beheaded. He
had acted a double part throughout, for, though he had taken part in
all the plans of the rebels, he had taken care not to join them in
person. Of those lower in rank about eighty were condemned to death,
and great numbers were sent to the plantations. The last sufferer for
the Jacobite cause was _Dr. Cameron_, brother of _Lochiel_. He escaped
after 1745, but when he returned to England in 1753 he was seized and
suffered death as a traitor, though he protested that he had never
borne arms against the King, and had been with the rebel force only as
a surgeon and not as a soldier. An _Act of Indemnity_ was at length
passed, in 1747, from which, however, eighty persons were excepted.
Though the end of this unjustifiable and unfortunate rebellion was
what every one must have foreseen, its temporary and unlooked-for
success showed how necessary it was to take strong measures for
breaking up the old Highland system. A Bill was passed for disarming
the clans, and to forbid the wearing of the Highland dress, and at the
same time heritable jurisdictions were done away with. The Episcopal
Church, whose attachment to the Stewarts was well known, suffered
severely. The Episcopal churches were destroyed, and the ministrations
of the Episcopal clergy forbidden. _Duncan Forbes_, of _Culloden_,
the President of the Court of Session, though a firm friend of the
Government, distinguished himself throughout the rebellion by his
efforts in the cause of humanity and justice. Before it broke out, he
had done more than any other man to keep the rising down, and, after it
had been crushed, he did all in his power to lessen the sufferings of
the rebels and the severity of the Government. To the discredit of the
Public-domain text, read in full here on John Shaqi.
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