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Le crime, le châtiment et les écossais

 | 
Jean Berton
, 
Bill Findlay

III – Questioning Poetic Justice / L’immanence de la justice en question

Jacobite Legacies to Scottish Popular Culture: Murder under Trust, Treason and their Punishment

Arnaud Fiasson

Texte intégral

  • 1 Angus-Peter Campbell, “The Glencoe Massacre’s 320-year-old curse on my name”, The Guardian, 12 Febr (...)

1The emotional resonance the Massacre of Glencoe and the Jacobite Risings retain on Scottish national consciousness in the twenty-first century has, to some extent, overshadowed the rational argument supported by historical accounts. The sign “No hawkers or Campbells” displayed in Clachaig Inn near Glencoe village testifies to the bad reputation attributed to the Campbells. More than three centuries since the Highland tradition of hospitality was breached, the blame laid partly, if not exclusively, on the Campbells continues to be heard in Scottish popular culture.1 Likewise, the rebellious ideology of Jacobitism, whose supporters were cast as treacherous Highlanders by Whig propaganda in the eighteenth century, retains a spectral influence on contemporary Scottish politics – albeit in a form disembodied from the Stuart cause and which promotes republicanism (Kidd, 2013) – and sits uncomfortably in the eyes of the British Establishment.

2 Our argument follows into the footsteps of Richard Finlay’s, according to which Scottish popular culture may emphasise the emotional appeal of historical events at the expense of historical accuracy.

Historians tend to work in a rarefied atmosphere for a rarefied audience. An example from our own times should illustrate the point. Although there has been a prodigious out-pouring from Scottish academics in the field of Scottish history, the truth of the matter is that most Scots will have had their historical consciousness shaped more by writers such as John Prebble and Nigel Tranter, by television plays and by the film ‘Braveheart’ than by the work of professional historians (Finlay, 108).

3Our academic standpoint notwithstanding, this paper assesses the extent to which the crimes “murder under trust” and “treason”, as well as their corresponding punishment, have acted as focal points in the development of Scottish national sentiment. Over the centuries, the Massacre of Glencoe and the Jacobite Risings have indeed acquired a mythical status whose influence on Scottish popular culture resides at the junction dividing historical truth from a popular assessment of historical events. The prosaic argument has given way to the perceptions that the perpetrators of the Massacre of Glencoe have never been punished for their crimes and that the demise of the Jacobites not only symbolised Scotland’s lost independence but also marked an initial step in a greater scheme aimed at restructuring the Highlands for economic gains.

4Two sources of Scottish common and criminal law published in the last quarter of the seventeenth century hint at the similarity shared by the crimes “murder under trust” and “treason”.

Forefaulture is the great Confiscation, comprehending all other Penal Confiscations: And it is extended to the taking away of Life, Lands and Goods, Par. 1424. ca 3. For it is the Penalty of the highest Crime, to wit Treason; which at first, and by its native Signification, it expresseth Crimes against the Life of any Party under Trust: So the Slaughter of any person under Trust, Credit, or power of the Slayer, is declared Treason, Par. 1587. cap. 51 .
Original emphasis, Dalrymple, 420

  • 2 RPS, 1587/7/44. “[I] t is statute and ordained that the murder or slaughter of whatsoever our sover (...)

Capitale Crimes are Treason, which is punished by forefaulture of life, lands, & goods. [...] We have a kind of Treason in Scotland, which we call Statutory Treason; because it is merely introduced by statute,2 and not by common Law: viz [...] murder under trust; as if one man should kill another, when he invites him to his house; [...] which because of the easiness and atrociousness of the Crime is made Treason , .
Original emphasis, Mackenzie1684, 376-77

5James Dalrymple, Viscount of Stair (1619-1695) and Sir George Mackenzie of Rosehaugh (1636-1691), whose works contributed to shape the distinctive identity Scots law was to retain after the Union of 1707 (Devine, 70), consider that “murder under trust” falls under the remit of “treason”. Although the severity of the shared punishment matches the gravity of the unlawful acts, further consideration must be given to the diverging nature of both crimes in order to shed some light on how the historical events selected for the purpose of this article unfold in a complex national narrative.

6The Parliamentary Commission in charge of enquiring into the killing of the Glencoe men, women and children reported on 10 July 1695 that

[...] the killing of the Glencoe-men [...] as the manner of doing it being barbarous and inhumane, we proceeded to vote the killing of them a murder and to inquire who had given occasion to it, or were the actors in it. [...] Captain [Robert] Campbell of Glenlyon, Captain [Thomas] Drummond, Lieutenant [John] Lindsay, Ensign [John] Lundie and Sergeant [Robert] Barber [...] were the actors in the slaughter of the Glencoe-men under trust. [...] [T] he master of Stair’s excess in his letters against the Glencoe-men has been the original cause of this unhappy business and has given occasion in a great measure to so extraordinary an execution by the warm directions he gives about doing it by way of surprise [...] .
RPS, 1695/5/164

7Interestingly, the Commission considers the killing as an act of “murder” but charges the perpetrators with the crime of “slaughter under trust”. According to Mackenzie, the etymology of “murder” derives from the Dutch word “moorde” and implies a premeditated and treasonable intent in the act of killing.

Murder is properly different from Slaughter, the one being committed per feloniam, the other per infortunium [...]. And therefore when our Law forbids killing under trust, Ja. 6. Pa. 11. ch. 81. It calls it murder under trust. But when it speaks of killing by accident, or in self-defence, it calls it Slaughter, or Homicide.
Mackenzie, 1678, 110

  • 3 While the distinction between murder and slaughter is worth pondering, one may deduce that the Comm (...)

8Since the soldiers were expressly “ordered to fall upon the rebels, the McDonalds of Glenco, and putt all to the sword under seventy” (Orr, 198) even though they had enjoyed the hospitality of their host for almost two weeks, it may be doubtful that they acted by accident or in self-defence. Whether or not the Commission voluntarily left the terminological door open is up for debate, but it should be stressed that the Commission went at great length to shield William of Orange from any involvement in the Massacre,3 although he had countersigned the infamous order “to act against these Highland rebels who have not taken the benefite of our indemnity, by fire and sword, and all manner of hostility” (Roberts, 226- 27). Moreover, even though the Commission called for the perpetrators to be prosecuted “according to law” (RPS, 1695/5/164), it could not be done as Argyll’s regiment had surrendered to the French in Flanders. Had they been found guilty by an assize, they would have probably faced the punishment corresponding to a “capitale crime”. John Dalrymple, Master of Stair, was forced to resign as Secretary of State but did not endure any other punishment. He even returned to government as member of the Privy Council and was created Earl of Stair by Queen Anne.

9As several historians have shown (Devine, 2006; Donaldson et al., 1990, Lynch, 1992), contemplating the Glencoe Massacre exclusively as an incident in the long-standing struggle for power and influence between the Campbells and the MacDonalds would be denying most of the political and religious contexts which surround the execution of thirty-eight of the MacDonalds of Glencoe. Whereas the barbarity in which the Massacre was conducted fuelled the Jacobite cause, the fact that men responsible for the killings were never punished in accordance to the crime left a mark on the popular perception of a famous yet tragic event in Scottish history. If we bear in mind that the Massacre of Glencoe is known as “Mort Ghlinne Comhainn” in Gaelic and translates into English as “murder of Glencoe”, the distinction between “murder” and “slaughter” adds food for thought to the controversial nature of the crime committed on 13 February 1692.

10In contrast with Alasdair MacIan who had pledged allegiance – only too late – to William of Orange to protect his clan as he waited for the Old Pretender’s return, the Jacobites waged war against the Hanoverian regime and consorted at intervals with the Kingdoms of France and Spain in their attempts to restore the Stuart dynasty to the throne. The Jacobites were thus liable for the crime of high treason.

It is Treason in any man, to Plot, contrive, or intend death, or destruction to the Kings Majesty; or to lay any restraint upon his Royal Person; or to deprive, depose, or suspend him, or to endeavour the alteration or diversion of the Succession; to Levy warr against the King, or any Commissionated by him; or to intyse others to invade him, to make Treaties, or Leagues with Forraign Princes; or amongst themselves without his consent. To rise in fear of warr against the King; to raise a frey in his hoast, to Assaile Castles where he resides; to impugne the Authority of the three Estates; to decline the Kings Authority; not to come out to the Kings Hoast; or to desert it; to maintain or reset Treatours; to conceale Treason; to countersite the Kings coyne; and to raise wilful fire; all which are Species of high Treason .
Original emphasis, Mackenzie, 1684, 376-77

  • 4 An act for the more effectual securing the peace of the highlands in Scotland (1716), An act for th (...)
  • 5 http://digital.nls.uk/75241526(dateaccessed:12September2015).

11Although many Jacobites faced the punishment corresponding to their crime as they fell on the battlefield, namely “forefaulture of life, lands, & goods”, not all were killed and additional punitive measures, enforced by several Acts of Parliament,4 were implemented to disarm and pacify the Highlands. In the meantime, the Hanoverian propaganda set out on demonizing the rebels. Fate of Rebellion or a Monumental Warning to Rebels5 remains one of the many illustrations determined to present the Jacobites as treacherous and unlawful papists, although it should be borne in mind that not all Jacobites were Highlanders or Catholics. The caption reads:

Ye fond Abettors of a Tyrants Claim
Now hide your conscious Heads and blush for Shame
Growl that you’re cursed with hated Freedom Still
And forc’d to Happiness against your Will

12The monument depicts a chain of events (gathering in the Highlands, stealing cattle, and fighting at Culloden) which exacerbates the alleged ill-tempered and barbarous nature of the Jacobites and contributes to portraying the Highlands as a distant, backward and barbarian region. The top of the structure acts as the genuine warning against individuals charged with high treason: shackled prisoners are waiting to be hanged or have their head cut off and displayed on spike. While the personification of “prudence” and justice” epitomises the repressive weight of the British State which concludes the Whig narrative constructed within the monument, the indictment of the Jacobites rests at the feet of the structure, whereby a demon quietly slips under the robe of a Catholic clergyman eager to hear James Edward Stewart’s arrangements of the rebellion. In keeping with the derogatory portrayal of the Jacobites, an English officer had already emphasised in the 1720s the cultural distance separating Lowland Scots from the Highlanders – a distinction which played directly into the hand of the Hanoverian regime after 1746.

The Highlands are but little known even to the Inhabitants of the low country of Scotland, for they ever dreaded the Difficulties and Dangers of Travelling among the Mountains; and when some extraordinary occasion has obliged any one of them to make such a Progress, he has, generally speaking, made his Testament before he set out, as though he were entering upon a long and dangerous Sea Voyage, wherein it was very doubtful he should ever return.
Davidson, 75

13As Jacobitism waned in aftermath of Culloden, and in no small part as a result of the popularity of Walter Scott’s Waverley Novels and of painters such as David Wilkie, Henry Raeburn, and Horatio McCulloch to name but a few, Highland society was no longer perceived in popular imagination primarily as a break on modernity but rather as a model of loyalty and military prowess. Highlandism allowed for the creation of the mythical Highlander which was, in Richard Finlay’s terms, “not a consequence of, nor dependent on Jacobitism. [...] Jacobitism was superfluous to the production of Highland valour” (Finlay, 119). Tom Nairn had already gone a step further when he equated tartanry with a “sub-national deformation” that finds its origin in the Union, and not in Jacobitism (Nairn, 118).

14Even though the Highlander has been rehabilitated at the expense of the Jacobite, Jacobitism remains part and parcel of Scottish national identity and still resonates both at home and abroad in its mythical form.

A myth is a highly selective ‘memory’ of the past used to stimulate collective purpose in the present [...] and must be conceived by those to whom [it] relates as expressing a broader allegorical truth about themselves and their identity. The objective truth or otherwise of a myth is irrelevant and myths are not subject to destruction by dispassionate ‘proof’ that they are false. What people believe is real, is real in its consequences .
Morrison, 9-10

15Austin Campbell’s The Massacre of Glencoe (1971) and Graham Halloway’s Chasing the Deer (1994) helped sustain the greedy reputation of the Campbells and the rebellious nature of the Jacobites in Scottish film. In music, the popular perception of the historical events survives for example in the form of Jim McLean’s lyrics to the song ‘The Massacre of Glencoe’ (1963), first recorded by Nigel Denver (1969) and subsequently covered by folk group The Corries (n.d.) and Canadian punk band The Real Mckenzies (2012). The second verse identifies the actors in the murder under trust:

They came from Fort William wi murder in mind;
The Campbell had orders King William had signed;
‘Put all to the sword, ’ these words underlined,
‘And leave none alive called MacDonald.’

16Whether the original orders were rephrased for lyrical purposes or whether they further exemplify the notion of a mythical substrate acting on popular perception, the fact that the blame has again shifted to the Campbells arguably testifies to the relevance of the sign in Clachaig Inn in the twenty-first century. Even the American writer George Martin, whose novel A Storm of Swords (2010) inspired the episode ‘The Rains of Castamere’ of the critically acclaimed and ongoing TV series Game of Thrones (2011), tentatively declared that

  • 6 http://www.ew.com/article/2013/06/02/game-of-thrones-author-george-r-r-martin-why-he-wrote-the-redw (...)

Clan MacDonald stayed with the Campbell clan overnight and the laws of hospitality supposedly applied. But the Campbells arose and started butchering every MacDonald they could get their hands on. No matter how much I make up, there’s stuff in history that’s just as bad, or worse6.

  • 7 http://www.nls.uk/news/press/2014/12/game-of-crowns-exhibition (date accessed: 15 December 2015).
  • 8 Anonymous, “Glencoe massacre poem projected on to landscape”, BBC News, 5 February 2015.

17Additional references to Glencoe include the “Game of Crowns” exhibition (10 December 2014 – 10 May 2015) held at the National Library of Scotland as part of the celebration of the 300th anniversary of the 1715 Jacobite Rising and which featured documents related to the Massacre7. The Glencoe landscape was also lit up with Sir Walter Scott’s poem “On the Massacre of Glencoe”8. Commenting on the commemoration of the Massacre of Glencoe in 2013, a journalist for The Scotsman observed that Scottish popular culture has relegated historical accuracy to the confines of academic research but that the tragic event left an emotional mark on the Highland psyche.

  • 9 Peter Ross, “Clan MacDonald gather to remember Glencoe Massacre”, The Scotsman, 17 February 2013.

The massacre of Glencoe is, to most of us in Scotland, merely another chapter in the country’s often bloody history. Our grasp of its detail and significance is sketchy at best, and so it feels in many ways more like a piece of romantic folklore than a factual event – the stuff of sad songs and sobbed toasts in strong whisky. Yet to some local people and to those others who find profound meaning and identity in their name, MacDonald, the killings remain a wound that has never quite healed. [...] What seems to upset Highlanders, even now, is not the act of murder itself – common enough in a savage century – but the ignoble, sneaking breach of hospitality. “Oh, it’s still very, very deeply felt,” says Malcolm. “It’s very sad, very moving. There’s a tear in your eye even after 300 years.” [...] In his home, down the road in Carnoch, Alistair MacDonald lifts his eyes from the fire. His feelings are simple: “We forgive. But we don’t forget.”9

18Whereas the popular conception of Campbell untrustworthiness remainned compatible with the mythical attributes of the Highlanders whose perceived virtuous society had come to pass and gave way to the standards of the Victorian era, the same cannot be said of the Jacobites. The controversial nature of Jacobite ideology which lives on does not rely on dynastic or religious principles but reflects an underlying commitment to undermine the Union. On 23 December 1744, Charles Edward Stuart declared:

We will with all convenient speed call a free parliament; that by the advice and assistance of such an assembly, we may be enabled to repair the breaches caused by so long an usurpation, to redress all grievances [...]; that so the nation may be restored to that honour, liberty, and independency, which it formerly enjoyed .
Hook et al., 12

19Since Jacobitism constituted “an ideological counter-core for those who wished to preserve Scottish cultural and political identity in the face of the pressures of metropolitan conformity” (Pittock, 1994, 134) in the eighteenth century, it may be argued the Scottish National Party (SNP) represent the distant inheritors of the Jacobites, as far as the constitutional question is concerned.

  • 10 Anonymous, “Don’t twist Jacobite showcase for your own ends, SNP is told”, The Scotsman, 24 Septemb (...)

20Less than a year before the 2011 Scottish Parliamentary elections saw the historic victory of the SNP, the Scottish Parliament held an exhibition entitled “Rebels with a Cause: The Jacobites and the Global Imagination” (27 October 2010 – 8 January 2011). Conservative MSP Alex Johnstone declared that Scottish history should not be “abused by Scottish nationalists, some of whom choose to misrepresent certain periods and events”, and that “many of those who campaign for independence will try to paint events like the Battle of Culloden of 1745 [sic] as a Scottish versus England battle, when in fact it was a battle between two Royal households.” SNP MSP Brian Adam responded: “We’re living in the 21st century, but the Tories by making comments like this show they are stuck in the 18th century.”10 While Johnstone awkwardly rectifies a popular perception of the 1746 battle by suggesting that the army under the command of the Duke of Cumberland was composed in part of Lowlanders, Adam hints at the characteristic uneasiness with which the British Establishment views the legacy of Jacobitism.

  • 11 Tom Peterkin, “Humza Yousaf: Most people in SNP want to get rid of monarchy”, The Scotsman, 13 May  (...)

21The apprehension that Jacobitism retains a spectral influence on the Scottish electorate which may be exploited for nationalist ends came to a head when the 56 newly elected SNPs MP wore a white rose as they attended Her Majesty’s state-opening speech. Although the white rose is known as a Jacobite symbol, the SNP claims that the rose worn at state-openings of the British and Scottish Parliament is intended as a tribute to Hugh MacDiarmid’s poem ‘The Little White Rose’. Whichever meaning one chooses to give to the controversial flower, it should be borne in mind that MacDiarmid had been spied on by the British state from 1931 to the 1940s as a result of the extremist form of nationalism he advocated (Lyall, 2015) and that the Republican ideals he promoted in the 1960s as President of the 1320 Club, which derives its name from the year the Declaration of Arbroath was signed, still resonate in the ranks of the SNP.11 The spectral influence Jacobitism retains on Scottish popular culture was arguably palpable during the referendum campaign. A leaked email made public by Wikileaks revealed that David Cameron met with Sony representatives ten weeks before the referendum on Scottish independence to discuss the release date of the acclaimed TV series Outlander. The email states:

  • 12 https://wikileaks.org/sony/emails/emailid/111867 (date accessed: 16 December 2016).

From a SPE [Sony Picture Entertainment] perspective, your meeting with Prime Minister Cameron on Monday will likely focus on our overall investment in the U.K. – with special emphasis on the jobs created by TOMMY COOPER, the importance of OUTLANDER (i.e., particularly vis-à-vis the political issues in the U.K. as Scotland contemplates detachment this Fall) [...].12

  • 13 Brian Ferguson, “Outlander show ‘too intense’ for British TV”, The Scostman, 24 November 2015.

22The TV show, whose main character is a World War II nurse who time travels to Scotland in 1743 and becomes embroiled in the ‘Forty-Five, premiered in the United States in August 2014 but was only released online, via Amazon Prime, in March 2015 for British viewers. Even though the show was shot in Scotland, starred several Scottish actors and gave an estimated £45 million boost to the Scottish film industry, it was not broadcast on mainstream television in Scotland, nor in the rest of the UK for that matter.13 Whether or not that was due to the fact that the episodes feature mature content (violence, rape, torture), or as part of a hidden political agenda devised to sideline potential “yes” voters, it appears that Outlander has brought back to the fore an historical narrative whose controversial nature goes beyond the scope of the dormant political and polemical meaning found in the repeated use of the Gaelic word “sasunnach” in the first episodes of the TV series.

23A revisiting of the notions of crime and punishment in the context of the Massacre of Glencoe and of the Jacobite risings brings to light the existing gap separating the objectivity of the historical event from its perception in Scottish popular culture. While the mythical figure of the Highlander has allowed for the compatibility of the restructuration of the Highlands in the Victorian era with the development of a distinct Scottish identity, the constitutional tenet of Jacobitism has survived the Culloden defeat in a form altered from its initial dynastic and religious underpinnings. Had the Stuarts been restored to the throne in the eighteenth century, Scotland would have been set on a radically different course. One may nevertheless ponder: would it be far-fetched to entertain the idea that the SNP inherited a rebellious ideology which champions the British state and that the party could be considered as the twenty-first century Jacobites plotting for another independence referendum, however lawful or unlawful a second one may be?

Bibliographie

Bibliography

Press articles

ANONYMOUS, “Glencoe massacre poem projected on to landscape”, BBC News, 5 February 2015. http://www.bbc.com/news/uk-scotland-highlands-islands-31149983 (accessed: 12 April 2015).

– ––––, “Don’t twist Jacobite showcase for your own ends, SNP is told”, The Scotsman, 24 September 2010. http://www.scotsman.com/news/don-t-twist-jacobite-showcase-for-your-own-ends-snp-is-told-1-811901#ixzz4AJe1QoAs(accessed: 10 December 2015).

CAMPBELL, Angus-Peter, “The Glencoe Massacre’s 320-year-old curse on my name”, The Guardian, 12 February 2012. http://www.theguardian.com/uk/shortcuts/2012/feb/12/glencoe-massacre-campbell (accessed: 10 December 2015).

FERGUSSON, Brian, “Outlander show ‘too intense’ for British TV”, The Scostman, 24 November 2015. http://www.scotsman.com/lifestyle/culture/books/outlander-show-too-intense-for-british-tv-1-3957671 (accessed: 13 December 2015).

PETERKIN, Tom, “Humza Yousaf: Most people in SNP want to get rid of monarchy”, The Scotsman, 13 May 2016. http://www.scotsman.com/news/humza-yousaf-most-people-in-snp-want-to-get-rid-of-monarchy-1-4127741(accessed: 13 May 2015).

ROSS, Peter, “Clan MacDonald gather to remember Glencoe Massacre”, The Scotsman, 17 February 2013. http://www.scotsman.com/heritage/people-places/clan-macdonald-gather-to-remember-glencoe-massacre-1-2795736 (date accessed: 10 December 2015).

Records of the Parliament of Scotland

“Address by the parliament to the king touching the murder of the Glencoe-men”, RPS, 1695/5/164. http://www.rps.ac.uk/trans/1695/5/164 (date accessed: 11 December 2015).

“Certain crimes declared to be treason in time coming”, RPS, 1587/7/44. http://www.rps.ac.uk/trans/1587/7/44 (date accessed: 10 December 2015).

Works cited

DALRYMPLE, James, The Institutions of the Law of Scotland: deduced from its originals, and collated with the civil, canon and feudal laws, and with the customs of neighbouring nations, Edinburgh, Heir of Andrew Anderson, 1693, (1691).

DAVIDSON, Neil, Origins of Scottish Nationhood, London, Pluto Press, 2000.

FERGUSON, William, Scotland: 1689 to the Present, DONALDSON, Gordon (ed.) The Edinburgh History of Scotland, vol. 4, Edinburgh, Mercat Press, 1990, (1968).

FINLAY, Richard J., “Heroes, Myths and Anniversaries in Modern Scotland”, Scottish Affairs 18, 1997, 108–25.

HOOK, Michael, ROSS, Walter, The ‘Forty Five: The Last Jacobite Rebellion, Edinburgh, HMSO, 1995.

KIDD, Colin C., “From Jacobitism to the SNP: the Crown, the Union and the Scottish Question”, Stenton Lecture 2013, University of Reading web publication, 2014. http://www.reading.ac.uk/web/FILES/ history/From_ Jacobitism_to_the_SNP. pdf.

LYALL, Scott, “Hugh MacDiarmid and the British State “, The Bottle Imp, Issue 18, June 2015. http://asls.arts.gla.ac.uk/SWE/TBI/TBIIssue18/Lyall.html.

LYNCH, Michael, Scotland: A New History, London, Pilmico, 1992, (1991).

MACKENZIE, George, The Laws and Customes of Scotland, in Matters Criminal. Wherein is to be seen how the Civil Law, and the Laws and Customs of other Nations do agree with, and supply ours, Edinburgh, Thomas Brown, 1678.

— —–, The Institutions of the Law of Scotland, Edinburgh, John Reid, 1684.

MORRISON, John, Painting the Nation: Identity and Nationalism in Scottish Painting, 1800-1920, Edinburgh, Edinburgh University Press, 2003.

NAIRN, Tom, The Break-up of Britain: Crisis and Neo-nationalism, Altona Vic, Common Ground, 2003, (1977).

ORR, Brian J., Children of the Fasti, St Raleigh, LULU Enterprises, 2013.

PITTOCK, Murray, Poetry and Jacobite Politics in Eighteenth-Century Britain and Ireland, Cambridge, Cambridge University Press, 1994.

ROBERTS, John L., Clan, King and Covenant: History of the Highland Clans from the Civil War to the Glencoe Massacre, Edinburgh, Edinburgh University Press, 2000.

Notes

1 Angus-Peter Campbell, “The Glencoe Massacre’s 320-year-old curse on my name”, The Guardian, 12 February 2012.

2 RPS, 1587/7/44. “[I] t is statute and ordained that the murder or slaughter of whatsoever our sovereign lord’s lieges where the party slain is under the trusted credit, assurance and power of the slayer, all such murder and slaughter to be committed in time coming after the date hereof, the same being lawfully tried and the person dilated found guilty by an assize thereof, shall be treason, and the persons found culpable shall forfeit life, lands and goods.”

3 While the distinction between murder and slaughter is worth pondering, one may deduce that the Commission ruled out the crime “hamesucken” in the event that evidence of William of Orange’s executuion order should be produced. Similar in essence to murder under trust since “not only the publick peace, but even the Lawes of hospitality are offended”, hamesucken “is defined to be, when any person violently enters into another man’s house without licence, or contrary to the Kings peace, or seeks him, or assaults him there” (Mackenzie, 1678, 218-19).

4 An act for the more effectual securing the peace of the highlands in Scotland (1716), An act for the more effectual disarming the highlands in that part of Great Britain called Scotland; and for the better securing the peace and quiet of that part of the kingdom (1725), Abolition and Proscription of the Highland Dress (1746), An Act for the more effectual disarming the Highlands in Scotland (1746), An Act for taking away and abolishing the Heretable Jurisdictions in Scotland (1746).

5 http://digital.nls.uk/75241526(dateaccessed:12September2015).

6 http://www.ew.com/article/2013/06/02/game-of-thrones-author-george-r-r-martin-why-he-wrote-the-redwedding/2(dateaccessed:17December2015).

7 http://www.nls.uk/news/press/2014/12/game-of-crowns-exhibition (date accessed: 15 December 2015).

8 Anonymous, “Glencoe massacre poem projected on to landscape”, BBC News, 5 February 2015.

9 Peter Ross, “Clan MacDonald gather to remember Glencoe Massacre”, The Scotsman, 17 February 2013.

10 Anonymous, “Don’t twist Jacobite showcase for your own ends, SNP is told”, The Scotsman, 24 September 2010.

11 Tom Peterkin, “Humza Yousaf: Most people in SNP want to get rid of monarchy”, The Scotsman, 13 May 2016.

12 https://wikileaks.org/sony/emails/emailid/111867 (date accessed: 16 December 2016).

13 Brian Ferguson, “Outlander show ‘too intense’ for British TV”, The Scostman, 24 November 2015.

Auteur

Toulouse Jean Jaurès, CAS, Toulouse.
Université Paris XIII, lab. CAS Toulouse, France.
Arnaud Fiasson est docteur en civilisation britannique ; sa thèse (2017) s’intitule : « Territorialité et nationalisme écossais : le rhizome du sentiment national (1707- 2011) ». Sa recherche (laboratoire du CAS, Toulouse2 Jean Jaurès) porte sur l’évolution du sentiment national écossais. Il se concentre plus particulièrement sur les modes construction de l’identité écossaise et sur la manière dont ils participent à la conceptualisation du territoire. Il est membre de la Société Française d’Études Écossaises (SFEEc) et ses travaux publiés incluent plusieurs articles, dont deux parus dans les numéros 17 et 18 d’Études écossaises (« Territorialité politique, nationalisme et traversées constitutionnelles en Écosse » et « Les appellations du nationalisme politique écossais au vingtième siècle »). Il communique régulièrement lors des congrès de la SAES (« Le rôle des acteurs de la renaissance écossaise dans la (re)construction d’une identité plurilingue aux résonances internationales », Reims 2017).

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