The Heart of Midlothian & Rob Roy. Walter Scott
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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-inlaw 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