Rob Roy — Volume 01. Вальтер Скотт
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,
Such, at least, was his general character; for when James Mhor, while perpetrating the violence at Edinbilly, called out, in order to overawe opposition, that Glengyle was lying in the moor with a hundred men to patronise his enterprise, Jean Key told him he lied, since she was confident Glengyle would never countenance so scoundrelly a business.