Rob Roy — Volume 01

What rank or command James MacGregor had, is uncertain. He calls himself Major; and Chevalier Johnstone calls him Captain. He must have held rank under Ghlune Dhu, his kinsman, but his active and audacious character placed him above the rest of his brethren. Many of his followers were unarmed; he supplied the want of guns and swords with scythe-blades set straight upon their handles.

At the battle of Prestonpans, James Roy distinguished himself. "His company," says Chevalier Johnstone, "did great execution with their scythes." They cut the legs of the horses in two — the riders through the middle of their bodies. MacGregor was brave and intrepid, but at the same time, somewhat whimsical and singular. When advancing to the charge with his company, he received five wounds, two of them from balls that pierced his body through and through. Stretched on the ground, with his head resting on his hand, he called out loudly to the Highlanders of his company, "My lads, I am not dead. By G — , I shall see if any of you does not do his duty." The victory, as is well known, was instantly obtained.

In some curious letters of James Roy,21 it appears that his thigh-bone was broken on this occasion, and that he, nevertheless, rejoined the army with six companies, and was present at the battle of Culloden.

After that defeat, the clan MacGregor kept together in a body, and did not disperse till they had returned into their own country. They brought James Roy with them in a litter; and, without being particularly molested, he was permitted to reside in the MacGregor's country along with his brothers.

James MacGregor Drummond was attainted for high treason with persons of more importance. But it appears he had entered into some communication with Government, as, in the letters quoted, he mentions having obtained a pass from the Lord Justice-Clerk in 1747, which was a sufficient protection to him from the military. The circumstance is obscurely stated in one of the letters already quoted, but may perhaps, joined to subsequent incidents, authorise the suspicion that James, like his father, could look at both sides of the cards. As the confusion of the country subsided, the MacGregors, like foxes which had baffled the hounds, drew back to their old haunts, and lived unmolested. But an atrocious outrage, in which the sons of Rob Roy were concerned, brought at length on the family the full vengeance of the law.

James Roy was a married man, and had fourteen children. But his brother, Robin Oig, was now a widower; and it was resolved, if possible, that he should make his fortune by carrying off and marrying, by force if necessary, some woman of fortune from the Lowlands.

The imagination of the half-civilised Highlanders was less shocked at the idea of this particular species of violence, than might be expected from their general kindness to the weaker sex when they make part of their own families. But all their views were tinged with the idea that they lived in a state of war; and in such a state, from the time of the siege of Troy to "the moment when Previsa fell,"22 the female captives are, to uncivilised victors, the most valuable part of the booty —

"The wealthy are slaughtered, the lovely are spared."

We need not refer to the rape of the Sabines, or to a similar instance in the Book of Judges, for evidence that such deeds of violence have been committed upon a large scale. Indeed, this sort of enterprise was so common along the Highland line as to give rise to a variety of songs and ballads.23

The annals of Ireland, as well as those of Scotland, prove the crime to have been common in the more lawless parts of both countries; and any woman who happened to please a man of spirit who came of a good house, and possessed a few chosen friends, and a retreat in the mountains, was not permitted the alternative of saying him nay. What is more, it would seem that the women themselves, most interested in the immunities of their sex, were, among the lower classes, accustomed to regard such marriages as that which is presently to be detailed as "pretty Fanny's way," or rather, the way of Donald with pretty Fanny. It is not a great many years since a respectable woman, above the lower rank of life, expressed herself very warmly to the author on his taking the freedom to censure the behaviour of the MacGregors on the occasion in question. She said "that there was no use in giving a bride too much choice upon such occasions; that the marriages were the happiest long syne which had been done offhand." Finally, she averred that her "own mother had never seen her father till the night he brought her up from the Lennox, with ten head of black cattle, and there had not been a happier couple in the country."

James Drummond and his brethren having similar opinions with the author's old acquaintance, and debating how they might raise the fallen fortunes of their clan, formed a resolution to settle their brother's fortune by striking up an advantageous marriage betwixt Robin Oig and one Jean Key, or Wright, a young woman scarce twenty years old, and who had been left about two months a widow by the death of her husband. Her property was estimated at only from 16,000 to 18,000 merks, but it seems to have been sufficient temptation to these men to join in the commission of a great crime.

This poor young victim lived with her mother in her own house at Edinbilly, in the parish of Balfron and shire of Stirling. At this place, in the night of 3d December 1750, the sons of Rob Roy, and particularly James Mhor and Robin Oig, rushed into the house where the object of their attack was resident, presented guns, swords, and pistols to the males of the family, and terrified the women by threatening to break open the doors if Jean Key was not surrendered, as, said James Roy, "his brother was a young fellow determined to make his fortune." Having, at length, dragged the object of their lawless purpose from her place of concealment, they tore her from her mother's arms, mounted her on a horse before one of the gang, and carried her off in spite, of her screams and cries, which were long heard after the terrified spectators of the outrage could no longer see the party retreat through the darkness. In her attempts to escape, the poor young woman threw herself from the horse on which they had placed her, and in so doing wrenched her side. They then laid her double over the pummel of the saddle, and transported her through the mosses and moors till the pain of the injury she had suffered in her side, augmented by the uneasiness of her posture, made her consent to sit upright. In the execution of this crime they stopped at more houses than one, but none of the inhabitants dared interrupt their proceedings. Amongst others who saw them was that classical and accomplished scholar the late Professor William Richardson of Glasgow, who used to describe as a terrible dream their violent and noisy entrance into the house where he was then residing. The Highlanders filled the little kitchen, brandishing their arms, demanding what they pleased, and receiving whatever they demanded. James Mhor, he said, was a tall, stern, and soldier-like man. Robin Oig looked more gentle; dark, but yet ruddy in complexion — a good-looking young savage. Their victim was so dishevelled in her dress, and forlorn in her appearance and demeanour, that he could hardly tell whether she was alive or dead.

The gang carried the unfortunate woman to Rowardennan, where they had a priest unscrupulous enough to read the marriage service, while James Mhor forcibly held the bride up before him; and the priest declared the couple man and wife, even while she protested against the infamy of his conduct. Under the same threats of violence, which had been all along used to enforce their scheme, the poor victim was compelled to reside with the pretended husband who was thus forced upon her. They even dared to carry her to the public church of Balquhidder, where the officiating clergyman (the same who had been Rob Roy's pensioner) only asked them if they were married persons. Robert MacGregor answered in the affirmative; the terrified female was silent.

The country was now too effectually subjected to the law for this vile outrage to be followed by the advantages proposed by the actors, Military parties were sent out in every direction to seize the MacGregors, who were for two or three weeks compelled to shift from one place to another in the mountains, bearing the unfortunate Jean Key along with them. In the meanwhile, the Supreme Civil Court issued a warrant, sequestrating the property of Jean Key, or Wright, which removed out of the reach of the actors in the violence the prize which they expected. They had, however, adopted a belief of the poor woman's spirit being so far broken that she would prefer submitting to her condition, and adhering to Robin Oig as her husband, rather than incur the disgrace, of appearing in such a cause in an open court. It was, indeed, a delicate experiment; but their kinsman Glengyle, chief of their immediate family, was of a temper averse to lawless proceedings;24 and the captive's friends having had recourse to his advice, they feared that he would withdraw his protection if they refused to place the prisoner at liberty.

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.25

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.