£1,875
Rare Books, Manuscripts, Maps & Photography | 575
Auction: 9 October 2019 at 12:00 BST
headed "St. Marg.ts Hill 15 Nov 1746", noting Present C.J. Lee, C, C.J. Willis, Wright, Reynolds, Foster, Clive, &c; "Notes of Judgment. 2 Aug. 1746", referring to D. McGranthan, M'Donald, Ogilvie, referring to people in actual custody, apprended, 1715, Carlisle, &c; "22 July 1746, When calling the Prisoners to Judgment", referring to people in actual custody; "Notes 3 July 1746 (also seemingly misdated 3 July 1743"), listing 34 named accused with their pleas of guilty or not guilty, with note "S... Wynne to putt off Trials on absence of Witnesses [...] at a Gr. distance from scene of action... a months time is proposed for those in Scotland"; "Notes of Judgment 22 July 1746", seemingly referring to [Francis] Towneley "Mr Towneley said He relied on his French Comm.", to Tyburn & "to be executed in Surry"; "Notes about the words This Realm in yet Oct. 19 G. 20" (some notes on the verso of an envelope addressed "To Sir John Strange at Leyton Grange"), with note "If any subjects of Gr. Br having Lands in Scotland shall be Guilty of H-Tr: .... that no subjt. of Engld. shall for any H. Tr. committed in Sc. be sent out of England when he is apprehended to receive his Trial until such time of both Realms shall be made one in Laws & Government w[hi]ch is the thing so much desired as that where the full perfection of the Blessed Union always began in his Maj[es]ties Royal..."; "My Heads... Indulgence"; "The Notes of the Arraignment &c.", in total 20pp, folio,
Note: Sir John Strange (1696-1754), Master of the Rolls. In July 1746 Strange was one of the counsel for the crown at the trial of Francis Townley for high treason before a special commission at the court-house at St. Margaret's Hill, Southwark (Cobbett, State Trials, xviii. 329–47), and at the trial of Lord Balmerino, for the same offence, before the House of Lords (ib. xviii. 448–88). In March 1747 he acted as one of the managers of the impeachment of Simon, lord Lovat, before the House of Lords for high treason (ib. xviii. 540–841).
Francis Towneley seized and held Carlisle Castle in the 1745 Rising until it was besieged and surrendered against his will. At his trial in London on 13 July 1746, Towneley's defence that as a French officer he should be treated as a prisoner of war was disallowed. He was found guilty of high treason and was sentenced to be hanged, drawn and quartered.