feast and fiddlers is paid out of the contributions." Thus, it will be observed, the penny-wedding was quite an important institution in its way, and in its time quite an established feature of the social life of the olden-time Gael.* * The custom prevailed in the Lowlands until comparatively INSTRUCTIONS BY CUMBERLAND AFTER CULLODEN INSTRUCTIONS BY GENERAL WOLFE By WILLIAM MACKAY, LL.D. 10th APRIL, 1925 Mr Alexander MacDonald presided over a meeting of the Society held this evening. The following, who had been duly nominated at the previous meeting of the Society, were unanimously elected members:-Mr Colin MacDonald, J.P., Magdalen Street, Dundee, and Mr Stewart Carmichael, 65 Nethergate, Dundee. On behalf of the author, Dr William Mackay, Mr George Mackenzie read the following papers: -(1) Instructions by Cumberland to the Judge Advocate of the King's Army in Scotland as to the arrest and treatment of Rebels, 1746 ''; and (2) "Orders by General Wolfe to his Army before the taking of Quebec, 1759": The purpose of this paper is to reproduce two documents of great historic interest, which, so far as I am aware, have never before now been published. The first document is headed “To David Bruce, Judge Advocate of the King's Army in Scotland, commanded by his Royal Highness the Duke." It is dated on the back, "Fort Augustus, July 5th 1746," and contains instructions for the arrest and treatment of prisoners accused or suspected of treason or rebellious practices. The other document is headed " Orders given by General Wolfe at Point Levy " (Levi), on the River St Lawrence and near Quebec, and consists of instructions to the British officers and army about to take part in the siege of Quebec and the famous battle of the Heights of Abraham, which completed the British conquest of the French in Canada. Wolfe was at the time Commander-in-Chief of the British Army. It may be said that the only connection between the two documents is that the authors of them, the Duke of Cumberland and General James Wolfe, fought together for King George at Culloden, and in the Continental War almost immediately before Culloden. Cumberland was born in 1721, and Wolfe on 22nd December, 1726, Old Style, or 2nd January, 1727, New Style. Cumberland was thus at Culloden 25 years of age, and Wolfe 19. Cumberland was in command of the Hanoverian Army, and Wolfe held the rank of Major, and served under Cumberland. It is recorded that as Cumberland and Wolfe rode over the battlefield after the close of the fight a wounded Highlander smiled defiance at Cumberland, whereupon the latter, turning to Wolfe, said, Wolfe, shoot me that Highland scoundrel who dares look at us with such contempt and insolence." Wolfe replied, "My commission is at your Royal Highness's disposal, but I can never consent to become an executioner." Cumberland's Instructions to Judge Advocate Bruce,. dated at Fort Augustus, 5th July, 1746, are as follows: TO DAVID BRUCE, Judge Advocate of the King's Army in Scotland, commanded by His Royal Highness the Duke. To the End that the Rebells taken in arms at & after the Battle of Cullodon, and all such as have rebelliously born Arms against His Majesty, & endeavouring to conceal themselves, have been or may hereafter be taken; as likewise all who have been concerned in rebellious Practices, or treasonable correspondance with Rebells & other Traitors and Enemys to His Majesty, may be more speedily & regularly brought to justice & receive the Punishment due to their crimes; it will be necessary, in such a Complication & Confusion of Things & Persons, that such sufficient witnesses as the Law may require in cases of this nature, be chosen out of the great number which the Notoriety of these Facts furnishes, and arranged in such a Method that each witness may have a clear & distinct knowledge of the Persons & Facts he shall be called upon to give Evidence about. : And, as His Royal Highness the Duke reposes Confidence in your Integrity and ability to perform such a Trust he is pleased to order & direct that you shall be employed in this Business, & you will accordingly attend carefully to the faithfull & diligent Execution of it, & have a particular Regard, That a sufficient number of Witnesses against the Rebells taken at & after the Battle of Cullodon be chosen amongst themselves, it being difficult even for the Soldiers. or others who took them Prisoners to remember Persons before unknown to them on so short a View, at such a Distance of Time: If other Evidence can be had you are to take that likewise; and particularly you will enquire of William Robertson, one of His Majesty's Justices of the Peace of Inverness, & William Fraser, Town Clerk of that Place, what Knowledge they may have of Persons acting in the Rebellion, as by their living constantly at Inverness, they must have observed a number of those who appeared there with the Pretender's Son. As there are several Persons now under confinement for Treason in the several Prisons of Inverness, Aberdeen, Montrose, Perth, Dundee, & other Places of Scotland, you shall take such Places in your way and make Enquiry which of those Persons have been confined by particular order from His Royal Highness; which, by order of the Magistrate; & also what the Matters are upon which they have been confined, and what Evidence there is to support those Informations; and in this Enquiry you shall be assisted by one or more of the Magistrates of the Place: And, of all these Transactions you shall take distinct notes which, on your arrival at Edinburgh you shall communicate to the Lord Justice Clerk, that by his Advice, Assistance & Authority, further orders may be had for the Tryal of such as there may be clear & full Evidence against, or for the Discharge in proper Form and manner of those against whom full Evidence may not be to be had. You shall send to His Royal Highness an Alphabetical List of all Prisoners taken into Custody, with a distinct account of the accusations against them, and of the Evidence upon which these accusations are supported, But as Reports have been regularly made to His Royal Highness of what has been done at Perth, you shall send the List, but may refer to the Reports already made from thense. You will take especial Care that the Evidence taken against every Person be clear & distinct; and be particularly attentive in such a Multiplicity of Things that each witness shall know by Name as well as by Sight the Person he deposes against. A List has been communicated to you of Persons who notoriously have taken part in the Rebellion. But, as they avoid the Pursuits of justice, it is proposed they should be proceeded against by Bill of Attainder. You will therefore make Enquiry, as you go, what Evidence can be found relative to the Treasons committed by any of these Persons, of which you shall cause an Account, from time to time, to be transmitted to His Royal Highness. You shall likewise transmit from every Town where you shall stay a regular Account of your Proceedings there. You shall endeavour where the Prisons of any Town shall be full & encumbered to send a certain Number of the Prisoners to some other convenient Place, And, as would be proper that the several Prisoners should be gathered together, if any one Place can be found where there may be Room, & that it may be done conveniently, as has been reported of Dundee, they may be all gathered together at the Prison of that Town. If any Prisoners shall have been accused and no persons appear against them, you shall not nevertheless discharge such Prisoners out of Prison without taking Sufficient Bail for their Appearance; or, where there may be Foundation of Suspicion against them, security for their good Behaviour. You will remember on your Arrival at London to put those in mind who may have in custody the witnesses sent thither against those committed at Inverness, that these witnesses are so looked after, that none be allowed to have access to them, there having been great Pains taken to tamper with witnesses. You will, for the same Reason, take great Care of the two servants of Lord Lovat, John Riddle & William Walker, who have made their Depositions in Presence of the Brigadier General Mordaunt and you. You shall give an Account to His Royal Highness from every Town of the Temper, Disposition & Affections of the People, as well of the Communities, as of particular People of any Eminence: And likewise of such other Towns as you may not pass through, when you can come at any good Information relating to them. |