The troops of the Duke of Cumberland reached Carlisle on 21 December 1745 and immediately began to besiege and bombard the town. The garrison resisted for nine days but on 30 December, requested terms from Cumberland who replied "The only conditions he could grant to rebels were that they should not be put to the sword, but be reserved for the king's pleasure" .
Prisoners tried - Carlisle 1746 From the book on the life of John Fergusson 1727 - 1750.
This trial was illegal due to ignoring the 1707 Act of Union. Men who were legally obliged under Scots Law, for vassals to follow their superior, were automatically gulty under English Law. The jury, which was made up of loyal citizens of Carlisle, would have condemned anyone wearing tartan to be hanged. The lawyers for the accused were Lockart of Craighouse and James Fergusson of Pitfour. They resorted to a novel device, having their servant don highland garb ,smuggled him into the prisoners and then by putting each other into the box, prove conclusively that he had been with them throughout and could not possibly have been out. The incident is said to have had a most salutory effect in the trials which followed.
Enclosure in Lord Pitfours letter to Lord Kilkerran (James Fergusson) of 4th October 1746. Spelling as in the original document.