Folios 19-48. Petition of James Stewart, [previously a ?servant to the person called...

Folios 19-48. Petition of James Stewart, [previously a ‘servant to the person called the Duke of Perth’], a prisoner in the new gaol in Southwark for high treason, with certificates. Stewart petitions to be removed to the custody of one of the messengers on account of his failing health. Letters and other papers relating to his case. 18 enclosures: Five Certificates attesting to the character of James Stewart, noting how he ‘behaved with the utmost tenderness of care’ to those imprisoned after the battle of Prestonpans and his actions had saved the lives of Richard Bowles and Andrew Jacob. Alexander Cunningham, [?J] Wright and W Trotter, surgeon to Major General Hamilton’s dragoons all attest to the kindness shown them by Stewart when taken prisoner (folios 20-21); Affidavit of Robert Drummond, Barber in Leith on behalf of James Stewart, stating that after the Battle of Prestonpans Stewart ordered a carriage to take the wounded soldiers from the battlefield. dated 25 Oct 1746 (folio 22); Certificate of Lieutenant David Drummond on behalf of James Stewart. Drummond states that Stewart tended the wounded and protected them ‘from the insults of the barbarous highlanders’. Dated 9 June 1746 (folios 23-24); Certificate of Robert Campbell, merchant in Stirling, on behalf of James Stewart. Stating that he and others owe their lives to the intervention of Stewart in their treatment by the rebels. Dated at Stirling (folio 25); Letter from A Burrows and Alex Cunningham to Robert Douglas confirming that their previous, signed, certificate in favour of James Stewart is genuine. Dated 26 Aug 1746 (folios 26-27); Affidavit of Cornet Andrew Jacob, late of General Hamilton’s dragoons, on behalf of James Stewart. Jacob states that Stewart saved his life at the Battle of Prestonpans. Dated 23 Sept 1746 at Kirkcaldy, County of Fife; [seal in reasonable condition] (folios 28-29); Affidavit of Thomas Caw, a chirurgion [surgeon] and David Thompson, a writer, on behalf of James Stewart. They state they have known Stewart for some years and that he always dealt with people in a ‘civil and discreet manner’. Dated 27 Sept 1746 at Crieff; Affidavit of Duncan Robertson, merchant and John Caw, clothier. Stating that Stewart always behaved civilly and when he rode with his master he wore two pistols and a cutlass. Dated 27 Sept 1746 at Crieff (folios 30-31); Affidavit of James Seton, merchant and Edw [Edward] Lothian, goldsmith. Both men state that they have known Stewart for years. They had dealings with him in regard to the Duke of Perth and always found him to be a person of great humanity. Dated 14 Oct 1746 at Bedford Row, County of Middlesex (folio 32); Copy of a letter from Major Richard Bowles to his brother, William Bowles, MP. A detailed account of his wounding in battle and stating categorically that James Stewart was ‘instrumental in saving his life’. He asks that his brother do all he can to ‘serve this poor, unhappy man’. Dated 16 Oct 1746 at Prestonpans (folio 33); Affidavit of Richard Stubbins, gentleman to Sir John Cope on behalf of James Stewart. Stating that at the Battle of Prestonpans, he and the coachman were captured by the rebels. James Stewart obtained a pass for them and their horses and they were subsequently released. Sworn 25 Oct 1746 at Sergeant’s Inn (folio 34); Affidavit of John Rea, Sergeant in Colonel Lee’s regiment of foot. Stating that at the Battle of Prestonpans, Stewart prevented him from being stripped and murdered by the rebels. He gave him ‘half a pint of brandy’ to dress his wounds and provided him safe passage to Edinburgh. Dated 4 Oct 1746 (folio 35); Affidavit of David Murray, stabler, in Edinburgh on behalf of James Stewart. Stating that after the Battle of Prestonpans, Murray went to Lieutenant Drummond and found that he was being cared for by James Stewart. Stewart ordered the surgeons to dress his wounds. Drummond was cared for overnight and in the morning Stewart ordered a litter to transport him. Dated 4 Oct 1746 (folio 36); Affidavit of John Robertson of Edinburgh, Chairman and Colin Donaldson, of St Martin’s Lane in the Fields, innkeeper, on behalf of James Stewart. They jointly affirm as to the good nature and humanity of James Stewart. Sworn 25 Oct 1746 (folio 37); Certificate of Captain Adam Drummond on behalf of James Stewart. States that at the Battle of Prestonpans he was fortunate to be in the care of James Stewart. Stewart also cared for other prisoners, namely Major Bowels, Major Levern, Captain Reid, Captain Blake, Lieutenant Drummond, Lieutenant Lims and others. Dated 3 Nov 1746 at London (folio 38); A memoir in French concerning Mr Stuart who took part in the Jacobite rebellions and has been since imprisoned in Geneva before living in the Pays de Vaux [Switzerland] for four years. Puts forward that he hasn’t corresponded with any Jacobite for all these years and asks for forgiveness. Wishes to spend his last years back in Scotland though he accepts not to recover his confiscated possessions. (folios 39-40); Duplicate certificate of Major Richard Bowles describing his terrible wounds and the care he received from James Stewart. Dated at Prestonpans (folios 41-42); Affidavit of Lieutenant David Drummond on behalf of James Stewart. Stating that Stewart not only saved him on the field of battle but also showed ‘much care and humanity’ to the other wounded prisoners. They were carried to the house of Mr Cheap, collector of the king’s customs at Prestonpans where they were saved from the ‘barbarous rebel highlanders’. Dated 1746 (folio 43); A list of vouchers, certificate and letters to support the case of James Stewart convicted of high treason. Vouchers: Richard Stubbins, gentleman servant to Sir John Cope; Thomas Caw and David Thompson; Duncan Robertson and John Caw; John Robertson and Colin Donaldson; Robert Drummond, barber in Leith; Lieutenant David Drummond; John Rea, sergeant in Colonel Lee’s regiment; David Murray, innkeeper in Edinburgh; Cornet Andrew Jacob; James Seton and Edward Lothian, merchants in Lothian. Certificates: several from Major Richard Bowles; Cornet Andrew Jacob; Mr Cunningham and Mrs Burroughs; Lieutenant Colonel Wright and Mr William Trotter, surgeons; Lieutenant David Drummond; Mr Robert Campbell, merchant of Stirling; Captain Adam Drummond; Major Richard Bowles. Letters: A Burrows and Alexander Cunningham to Mrs Robert Douglas. Copy of a letter from Major Richard Bowles to William Bowles, MP, the original with William Bowles. Folio 44; A note [no signature present] regarding James Stewart, prisoner aboard a ship in the River at Tilbury, suggesting that ‘it would be an act of charity to dismiss him and allow him to go home to assist his poor family’ (folio 45); Certificate for James Stewart signed by Patrick Campbell. Campbell relates that on being captured by the Pretender’s army, he only managed to escape with the assistance of James Stewart. Campbell managed to return to Cumberland’s army and was able to relay information regarding the whereabouts of the Pretender’s troops. (folio 46); Certificate for James Stewart signed by Colonel John Campbell. Colonel Campbell states that James Stewart surrendered his arms as a ‘common man’. There is a receipt stating as such signed by the colonel’s aide-de-camp. However, there was further information received alleging that Stewart assisted John Murray and his brother to escape when the king’s forces were searching for them. It was also alleged that Stewart was a quarter-master or paymaster in his brother’s regiment. Stewart was apprehended and Campbell was then informed that Stewart was a ‘man of no estate, being no head of a clan and had a considerable family of small children’. (folios 47); Petition of James Stewart, prisoner in the new gaol at Southwark.