The brethren resolved, therefore, to liberate the unhappy woman, but previously had recourse to every measure which should oblige her, either from fear or otherwise, to own her marriage with Robin Oig. The cailliachs (old Highland hags) administered drugs, which were designed to have the effect of philtres, but were probably deleterious. James Mhor at one time threatened, that if she did not acquiesce in the match she would find that there were enough of men in the Highlands to bring the heads of two of her uncles who were pursuing the civil lawsuit. At another time he fell down on his knees, and confessed he had been accessory to wronging her, but begged she would not ruin his innocent wife and large family. She was made to swear she would not prosecute the brethren for the offence they had committed; and she was obliged by threats to subscribe papers which were tendered to her, intimating that she was carried off in consequence of her own previous request.
James Mhor Drummond accordingly brought his pretended sister-in-law to Edinburgh, where, for some little time, she was carried about from one house to another, watched by those with whom she was lodged, and never permitted to go out alone, or even to approach the window. The Court of Session, considering the peculiarity of the case, and regarding Jean Key as being still under some forcible restraint, took her person under their own special charge, and appointed her to reside in the family of Mr. Wightman of Mauldsley, a gentleman of respectability, who was married to one of her near relatives. Two sentinels kept guard on the house day and night – a precaution not deemed superfluous when the MacGregors were in question. She was allowed to go out whenever she chose, and to see whomsoever she had a mind, as well as the men of law employed in the civil suit on either side. When she first came to Mr. Wightman’s house she seemed broken down with affright and suffering, so changed in features that her mother hardly knew her, and so shaken in mind that she scarce could recognise her parent. It was long before she could be assured that she was in perfect safely. But when she at length received confidence in her situation, she made a judicial declaration, or affidavit, telling the full history of her wrongs, imputing to fear her former silence on the subject, and expressing her resolution not to prosecute those who had injured her, in respect of the oath she had been compelled to take. From the possible breach of such an oath, though a compulsory one, she was relieved by the forms of Scottish jurisprudence, in that respect more equitable than those of England, prosecutions for crimes being always conducted at the expense and charge of the King, without inconvenience or cost to the private party who has sustained the wrong. But the unhappy sufferer did not live to be either accuser or witness against those who had so deeply injured her.
James Mhor Drummond had left Edinburgh so soon as his half-dead prey had been taken from his clutches. Mrs. Key, or Wright, was released from her species of confinement there, and removed to Glasgow, under the escort of Mr. Wightman. As they passed the Hill of Shotts, her escort chanced to say, “this is a very wild spot; what if the MacGregors should come upon us?” – “God forbid!” was her immediate answer, “the very sight of them would kill me.” She continued to reside at Glasgow, without venturing to return to her own house at Edinbilly. Her pretended husband made some attempts to obtain an interview with her, which she steadily rejected. She died on the 4th October 1751. The information for the Crown hints that her decease might be the consequence of the usage she received. But there is a general report that she died of the small-pox. In the meantime, James Mhor, or Drummond, fell into the hands of justice. He was considered as the instigator of the whole affair. Nay, the deceased had informed her friends that on the night of her being carried off, Robin Oig, moved by her cries and tears, had partly consented to let her return, when James came up with a pistol in his hand, and, asking whether he was such a coward as to relinquish an enterprise in which he had risked everything to procure him a fortune, in a manner compelled his brother to persevere. James’s trial took place on 13th July 1752, and was conducted with the utmost fairness and impartiality. Several witnesses, all of the MacGregor family, swore that the marriage was performed with every appearance of acquiescence on the woman’s part; and three or four witnesses, one of them sheriff-substitute of the county, swore she might have made her escape if she wished, and the magistrate stated that he offered her assistance if she felt desirous to do so. But when asked why he, in his official capacity, did not arrest the MacGregors, he could only answer, that he had not force sufficient to make the attempt.
The judicial declarations of Jean Key, or Wright, stated the violent manner in which she had been carried off, and they were confirmed by many of her friends, from her private communications with them, which the event of her death rendered good evidence. Indeed, the fact of her abduction (to use a Scottish law term) was completely proved by impartial witnesses. The unhappy woman admitted that she had pretended acquiescence in her fate on several occasions, because she dared not trust such as offered to assist her to escape, not even the sheriff-substitute.
The jury brought in a special verdict, finding that Jean Key, or Wright, had been forcibly carried off from her house, as charged in the indictment, and that the accused had failed to show that she was herself privy and consenting to this act of outrage. But they found the forcible marriage, and subsequent violence, was not proved; and also found, in alleviation of the panel’s guilt in the premises, that Jean Key did afterwards acquiesce in her condition. Eleven of the jury, using the names of other four who were absent, subscribed a letter to the Court, stating it was their purpose and desire, by such special verdict, to take the panel’s case out of the class of capital crimes.
Learned informations (written arguments) on the import of the verdict, which must be allowed a very mild one in the circumstances, were laid before the High Court of Justiciary. This point is very learnedly debated in these pleadings by Mr. Grant, Solicitor for the Crown, and the celebrated Mr. Lockhart, on the part of the prisoner; but James Mhor did not wait the event of the Court’s decision.
He had been committed to the Castle of Edinburgh on some reports that an escape would be attempted. Yet he contrived to achieve his liberty even from that fortress. His daughter had the address to enter the prison, disguised as a cobbler, bringing home work, as she pretended. In this cobbler’s dress her father quickly arrayed himself. The wife and daughter of the prisoner were heard by the sentinels scolding the supposed cobbler for having done his work ill, and the man came out with his hat slouched over his eyes, and grumbling, as if at the manner in which they had treated him. In this way the prisoner passed all the guards without suspicion, and made his escape to France. He was afterwards outlawed by the Court of Justiciary, which proceeded to the trial of Duncan MacGregor, or Drummond, his brother, 15th January 1753. The accused had unquestionably been with the party which carried off Jean Key; but no evidence being brought which applied to him individually and directly, the jury found him not guilty – and nothing more is known of his fate.
That of James MacGregor, who, from talent and activity, if not by seniority, may be considered as head of the family, has been long misrepresented; as it has been generally averred in Law Reports, as well as elsewhere, that his outlawry was reversed, and that he returned and died in Scotland. But the curious letters published in Blackwood’s Magazine for December 1817, show this to be an error. The first of these documents is a petition to Charles Edward. It is dated 20th September 1753, and pleads his service to the cause of the Stuarts, ascribing his exile to the persecution of the Hanoverian Government, without any allusion to the affair of Jean Key, or the Court of Justiciary. It is stated to be forwarded by MacGregor Drummond of Bohaldie, whom, as before mentioned, James Mhor acknowledged as his chief.
The effect which this petition produced does not appear. Some temporary relief was perhaps obtained. But, soon after, this daring adventurer was engaged in a very dark intrigue against an exile of his own country, and placed pretty nearly in his own circumstances. A remarkable Highland story must be here briefly alluded to. Mr. Campbell of Glenure, who had been named factor for Government on the forfeited estates of Stewart of Ardshiel, was shot dead by an assassin as he passed through the wood of Lettermore, after crossing the ferry of Ballachulish. A gentleman, named James Stewart, a natural brother of Ardshiel, the forfeited person, was tried as being accessory to the murder, and condemned and executed upon very doubtful evidence; the heaviest part of which only amounted to the accused person having assisted a nephew of his own, called Allan Breck Stewart, with money to escape after the deed was done. Not satisfied with this vengeance, which was obtained in a manner little to the honour of the dispensation of justice at the time, the friends of the deceased Glenure were equally desirous to obtain possession of the person of Allan Breck Stewart, supposed to be the actual homicide. James Mhor Drummond was secretly applied to to trepan Stewart to the sea-coast, and bring him over to Britain, to almost certain death. Drummond MacGregor had kindred connections with the slain Glenure; and, besides, the MacGregors and Campbells had been friends of late, while the former clan and the Stewarts had, as we have seen, been recently at feud; lastly, Robert Oig was now in custody at Edinburgh, and James was desirous to do some service by which his brother might be saved. The joint force of these motives may, in James’s estimation of right and wrong, have been some vindication for engaging in such an enterprise, although, as must be necessarily supposed, it could only be executed by treachery of a gross description. MacGregor stipulated for a license to return to England, promising to bring Allan Breck thither along with him. But the intended victim was put upon his guard by two countrymen, who suspected James’s intentions towards him. He escaped from his kidnapper, after, as MacGregor alleged, robbing his portmanteau of some clothes and four snuff-boxes. Such a charge, it may be observed, could scarce have been made unless the parties had been living on a footing of intimacy, and had access to each other’s baggage.
Although James Drummond had thus missed his blow in the matter of Allan Breck Stewart, he used his license to make a journey to London, and had an interview, as he avers, with Lord Holdernesse. His Lordship, and the Under-Secretary, put many puzzling questions to him; and, as he says, offered him a situation, which would bring him bread, in the Government’s service. This office was advantageous as to emolument; but in the opinion of James Drummond, his acceptance of it would have been a disgrace to his birth, and have rendered him a scourge to his country. If such a tempting offer and sturdy rejection had any foundation in fact, it probably relates to some plan of espionage on the Jacobites, which the Government might hope to carry on by means of a man who, in the matter of Allan Breck Stewart, had shown no great nicety of feeling. Drummond MacGregor was so far accommodating as to intimate his willingness to act in any station in which other gentlemen of honour served, but not otherwise; – an answer which, compared with some passages of his past life, may remind the reader of Ancient Pistol standing upon his reputation.
Having thus proved intractable, as he tells the story, to the proposals of Lord Holdernesse, James Drummond was ordered instantly to quit England.
On his return to France, his condition seems to have been utterly disastrous. He was seized with fever and gravel – ill, consequently, in body, and weakened and dispirited in mind. Allan Breck Stewart threatened to put him to death in revenge of the designs he had harboured against him.
(#ulink_68bf1d95-a571-5c80-a99a-c97e6cf248a1)
The Stewart clan were in the highest degree unfriendly to him: and his late expedition to London had been attended with many suspicious circumstances, amongst which it was not the slightest that he had kept his purpose secret from his chief Bohaldie. His intercourse with Lord Holdernesse was suspicious. The Jacobites were probably, like Don Bernard de Castel Blaze, in Gil Blas, little disposed to like those who kept company with Alguazils. Mac-Donnell of Lochgarry, a man of unquestioned honour, lodged an information against James Drummond before the High Bailie of Dunkirk, accusing him of being a spy, so that he found himself obliged to leave that town and come to Paris, with only the sum of thirteen livres for his immediate subsistence, and with absolute beggary staring him in the face.
We do not offer the convicted common thief, the accomplice in MacLaren’s assassination, or the manager of the outrage against Jean Key, as an object of sympathy; but it is melancholy to look on the dying struggles even of a wolf or a tiger, creatures of a species directly hostile to our own; and, in like manner, the utter distress of this man, whose faults may have sprung from a wild system of education, working on a haughty temper, will not be perused without some pity. In his last letter to Bohaldie, dated Paris, 25th September 1754, he describes his state of destitution as absolute, and expresses himself willing to exercise his talents in breaking or breeding horses, or as a hunter or fowler, if he could only procure employment in such an inferior capacity till something better should occur. An Englishman may smile, but a Scotchman will sigh at the postscript, in which the poor starving exile asks the loan of his patron’s bagpipes that he might play over some of the melancholy tunes of his own land. But the effect of music arises, in a great degree, from association; and sounds which might jar the nerves of a Londoner or Parisian, bring back to the Highlander his lofty mountain, wild lake, and the deeds of his fathers of the glen. To prove MacGregor’s claim to our reader’s compassion, we here insert the last part of the letter alluded to.
“By all appearance I am born to suffer crosses, and it seems they’re not at an end; for such is my wretched case at present, that I do not know earthly where to go or what to do, as I have no subsistence to keep body and soul together. All that I have carried here is about 13 livres, and have taken a room at my old quarters in Hotel St. Pierre, Rue de Cordier. I send you the bearer, begging of you to let me know if you are to be in town soon, that I may have the pleasure of seeing you, for I have none to make application to but you alone; and all I want is, if it was possible you could contrive where I could be employed without going to entire beggary. This probably is a difficult point, yet unless it’s attended with some difficulty, you might think nothing of it, as your long head can bring about matters of much more difficulty and consequence than this. If you’d disclose this matter to your friend Mr. Butler, it’s possible he might have some employ wherein I could be of use, as I pretend to know as much of breeding and riding of horse as any in France, besides that I am a good hunter either on horseback or by footing. You may judge my reduction, as I propose the meanest things to lend a turn till better cast up. I am sorry that I am obliged to give you so much trouble, but I hope you are very well assured that I am grateful for what you have done for me, and I leave you to judge of my present wretched case. I am, and shall for ever continue, dear Chief, your own to command, Jas. MacGregor.
“P. S. – If you’d send your pipes by the bearer, and all the other little trinkims belonging to it, I would put them in order, and play some melancholy tunes, which I may now with safety, and in real truth. Forgive my not going directly to you, for if I could have borne the seeing of yourself, I could not choose to be seen by my friends in my wretchedness, nor by any of my acquaintance.”
While MacGregor wrote in this disconsolate manner, Death, the sad but sure remedy for mortal evils, and decider of all doubts and uncertainties, was hovering near him. A memorandum on the back of the letter says the writer died about a week after, in October 1754.
It now remains to mention the fate of Robin Oig – for the other sons of Rob Roy seem to have been no way distinguished. Robin was apprehended by a party of military from the fort of Inversnaid, at the foot of Gartmore, and was conveyed to Edinburgh 26th May 1753. After a delay, which may have been protracted by the negotiations of James for delivering up Allan Breck Stewart upon promise of his brother’s life, Robin Oig, on the 24th of December 1753, was brought to the bar of the High Court of Justiciary, and indicted by the name of Robert MacGregor, alias Campbell, alias Drummond, alias Robert Oig; and the evidence led against him resembled exactly that which was brought by the Crown on the former trial. Robert’s case was in some degree more favourable than his brother’s; – for, though the principal in the forcible marriage, he had yet to plead that he had shown symptoms of relenting while they were carrying Jean Key off, which were silenced by the remonstrances and threats of his harder natured brother James. A considerable space of time had also elapsed since the poor woman died, which is always a strong circumstance in favour of the accused; for there is a sort of perspective in guilt, and crimes of an old date seem less odious than those of recent occurrence. But notwithstanding these considerations, the jury, in Robert’s case, did not express any solicitude to save his life as they had done that of James. They found him guilty of being art and part in the forcible abduction of Jean Key from her own dwelling.
(#ulink_8fb5881e-a5c8-583e-a957-8d53834cfaca)
Robin Oig was condemned to death, and executed on the 14th February 1754. At the place of execution he behaved with great decency; and professing himself a Catholic, imputed all his misfortunes to his swerving from the true church two or three years before. He confessed the violent methods he had used to gain Mrs. Key, or Wright, and hoped his fate would stop further proceedings against his brother James.
(#ulink_025e4e2b-6ad7-51c6-81a6-685ccf2f3452)
The newspapers observed that his body, after hanging the usual time, was delivered to his friends to be carried to the Highlands. To this the recollection of a venerable friend, recently taken from us in the fullness of years, then a schoolboy at Linlithgow, enables the author to add that a much larger body of MacGregors than had cared to advance to Edinburgh received the corpse at that place with the coronach and other wild emblems of Highland mourning, and so escorted it to Balquhidder. Thus we may conclude this long account of Rob Roy and his family with the classic phrase,
I have only to add, that I have selected the above from many anecdotes of Rob Roy which were, and may still be, current among the mountains where he flourished; but I am far from warranting their exact authenticity. Clannish partialities were very apt to guide the tongue and pen, as well as the pistol and claymore, and the features of an anecdote are wonderfully softened or exaggerated as the story is told by a MacGregor or a Campbell.
(#ulink_9579be6b-d6a4-5c70-a80e-05c9bbd9401e) Note A. The Grey Stone of MacGregor.
(#ulink_9579be6b-d6a4-5c70-a80e-05c9bbd9401e) Note B. Dugald Ciar Mhor.
(#ulink_40e2041a-6e1b-58b7-9fed-5a7f7324a353) See Statistcal Account of Scotland, 1st edition, vol. xviii. p. 332. Parish of Kippen.
(#ulink_f6d16498-7dca-5a51-9ac3-99b41a735876) See Appendix, No. I.
(#ulink_83849142-5331-5770-9775-41770f87ed06) His courage and affectation of foppery were united, which is less frequently the case, with a spirit of innate modesty. He is thus described in Lord Binning’s satirical verses, entitled “Argyle’s Levee:”
“Six times had Harry bowed unseen,
Before he dared advance;
The Duke then, turning round well pleased,
Said, ‘Sure you’ve been in France!
A more polite and jaunty man
I never saw before:’
Then Harry bowed, and blushed, and bowed,
And strutted to the door.”
See A Collection of Original Poems, by Scotch Gentlemen, vol. ii. p. 125.
(#ulink_0c83aaa4-d7de-5950-b78d-2a52708c3cf3) Mr. Grahame of Gartmore’s Causes of the Disturbances in the Highlands. See Jamieson’s edition of Burt’s Letters from the North of Scotland, Appendix, vol. ii. p. 348.
(#ulink_97fb8a7a-ff99-597b-8898-f5a9037ce7c1) “At night they arrived at Luss, where they were joined by Sir Humphrey Colquhoun of Luss, and James Grant of Plascander, his son-in-law, followed by forty or fifty stately fellows in their short hose and belted plaids, armed each of them with a well-fixed gun on his shoulder, a strong handsome target, with a sharp-pointed steel of above half an ell in length screwed into the navel of it, on his left arm, a sturdy claymore by his side, and a pistol or two, with a dirk and knife, in his belt.”—Rae’s History of the Rebellion, 4to, p. 287.
(#ulink_ebe54437-2b1a-5943-97ee-7b0fc3dff45c) Note C. The Loch Lomond Expedition.
(#ulink_540ebab3-88f8-5ba0-abdf-012e5976463f) The first of these anecdotes, which brings the highest pitch of civilisation so closely in contact with the half-savage state of society, I have heard told by the late distinguished Dr. Gregory; and the members of his family have had the kindness to collate the story with their recollections and family documents, and furnish the authentic particulars. The second rests on the recollection of an old man, who was present when Rob took French leave of his literary cousin on hearing the drums beat, and communicated the circumstance to Mr. Alexander Forbes, a connection of Dr. Gregory by marriage, who is still alive.
(#ulink_b3d0d893-b3c5-5434-8f7e-f4cd82a4b3a3) The reader will find two original letters of the Duke of Montrose, with that which Mr. Graham of Killearn despatched from his prison-house by the Outlaw’s command, in the Appendix, No. II.
(#ulink_3306d183-ef18-5b7d-aa5d-114d1c415701) About 1792, when the author chanced to pass that way while on a tour through the Highlands, a garrison, consisting of a single veteran, was still maintained at Inversnaid. The venerable warder was reaping his barley croft in all peace and tranquillity and when we asked admittance to repose ourselves, he told us we would find the key of the Fort under the door.
(#ulink_537bf77c-599c-54f2-81c4-ba5ed868513b)Letters from the North of Scotland, vol. ii. pp. 344, 345.
(#ulink_512b3e4d-bbc1-5336-a063-5c0a74ec64d3) Mad herdsmen – a name given to cattle-stealers [properly one who deserves to fill a widdie, or halter].
(#ulink_357b0a5e-64d3-5bf8-8482-3e5731040d4e) The winds which sweep a wild glen in Badenoch are so called.
(#ulink_3db44184-8ac0-54d4-91a4-7cae27bd4ec4) Appendix, No. III.
(#ulink_843b223f-0a53-579b-af97-68da13d5fd23) Such an admission is ascribed to the robber Donald Bean Lean in Waverley, chap. lxii,
(#ulink_253443f6-d793-5473-aec1-b02e641cd03a) Some accounts state that Appin himself was Rob Roy’s antagonist on this occasion. My recollection, from the account of Invernahyle himself, was as stated in the text. But the period when I received the information is now so distant, that it is possible I may be mistaken. Invernahyle was rather of low stature, but very well made, athletic, and an excellent swordsman.