of justice, it was, by the statute 1567, chap. 21, declared a capital crime both on the part of him who levied and him who paid this sort of tax. But the necessity of the case prevented the execution of this severe law, I believe, in any one instance; and men went on submitting to a certain unlawful imposition rather than run the risk of utter ruin — just as it is now found difficult or impossible to prevent those who have lost a very large sum of money by robbery, from compounding with the felons for restoration of a part of their booty.
At what rate Rob Roy levied black-mail I never heard stated; but there is a formal contract by which his nephew, in 1741, agreed with various landholders of estates in the counties of Perth, Stirling, and Dumbarton, to recover cattle stolen from them, or to pay the value within six months of the loss being intimated, if such intimation were made to him with sufficient despatch, in consideration of a payment of L5 on each L100 of valued rent, which was not a very heavy insurance. Petty thefts were not included in the contract; but the theft of one horse, or one head of black cattle, or of sheep exceeding the number of six, fell under the agreement.
Rob Roy’s profits upon such contracts brought him in a considerable revenue in money or cattle, of which he made a popular use; for he was publicly liberal as well as privately beneficent. The minister of the parish of Balquhidder, whose name was Robertson, was at one time threatening to pursue the parish for an augmentation of his stipend. Rob Roy took an opportunity to assure him that he would do well to abstain from this new exaction — a hint which the minister did not fail to understand. But to make him some indemnification, MacGregor presented him every year with a cow and a fat sheep; and no scruples as to the mode in which the donor came by them are said to have affected the reverend gentleman’s conscience.
The following amount of the proceedings of Rob Roy, on an application to him from one of his contractors, had in it something very interesting to me, as told by an old countryman in the Lennox who was present on the expedition. But as there is no point or marked incident in the story, and as it must necessarily be without the half-frightened, half-bewildered look with which the narrator accompanied his recollections, it may possibly lose, its effect when transferred to paper.
My informant stated himself to have been a lad of fifteen, living with his father on the estate of a gentleman in the Lennox, whose name I have forgotten, in the capacity of herd. On a fine morning in the end of October, the period when such calamities were almost always to be apprehended, they found the Highland thieves had been down upon them, and swept away ten or twelve head of cattle. Rob Roy was sent for, and came with a party of seven or eight armed men. He heard with great gravity all that could be told him of the circumstances of the creagh, and expressed his confidence that the herd-widdiefows14 could not have carried their booty far, and that he should be able to recover them.
He desired that two Lowlanders should be sent on the party, as it was not to be expected that any of his gentlemen would take the trouble of driving the cattle when he should recover possession of them. My informant and his father were despatched on the expedition. They had no good will to the journey; nevertheless, provided with a little food, and with a dog to help them to manage the cattle, they set off with MacGregor. They travelled a long day’s journey in the direction of the mountain Benvoirlich, and slept for the night in a ruinous hut or bothy. The next morning they resumed their journey among the hills, Rob Roy directing their course by signs and marks on the heath which my informant did not understand.
About noon Rob commanded the armed party to halt, and to lie couched in the heather where it was thickest. “Do you and your son,” he said to the oldest Lowlander, “go boldly over the hill;— you will see beneath you, in a glen on the other side, your master’s cattle, feeding, it may be, with others; gather your own together, taking care to disturb no one else, and drive them to this place. If any one speak to or threaten you, tell them that I am here, at the head of twenty men.”—“But what if they abuse us, or kill us?” said the Lowland, peasant, by no means delighted at finding the embassy imposed on him and his son. “If they do you any wrong,” said Rob, “I will never forgive them as long as I live.” The Lowlander was by no means content with this security, but did not think it safe to dispute Rob’s injunctions.
He and his son climbed the hill therefore, found a deep valley, where there grazed, as Rob had predicted, a large herd of cattle. They cautiously selected those which their master had lost, and took measures to drive them over the hill. As soon as they began to remove them, they were surprised by hearing cries and screams; and looking around in fear and trembling they saw a woman seeming to have started out of the earth, who flyted at them, that is, scolded them, in Gaelic. When they contrived, however, in the best Gaelic they could muster, to deliver the message Rob Roy told them, she became silent, and disappeared without offering them any further annoyance. The chief heard their story on their return, and spoke with great complacency of the art which he possessed of putting such things to rights without any unpleasant bustle. The party were now on their road home, and the danger, though not the fatigue, of the expedition was at an end.
They drove on the cattle with little repose until it was nearly dark, when Rob proposed to halt for the night upon a wide moor, across which a cold north-east wind, with frost on its wing, was whistling to the tune of the Pipers of Strath-Dearn.15
The Highlanders, sheltered by their plaids, lay down on the heath comfortably enough, but the Lowlanders had no protection whatever. Rob Roy observing this, directed one of his followers to afford the old man a portion of his plaid; “for the callant (boy), he may,” said the freebooter, “keep himself warm by walking about and watching the cattle.” My informant heard this sentence with no small distress; and as the frost wind grew more and more cutting, it seemed to freeze the very blood in his young veins. He had been exposed to weather all his life, he said, but never could forget the cold of that night; insomuch that, in the bitterness of his heart, he cursed the bright moon for giving no heat with so much light. At length the sense of cold and weariness became so intolerable that he resolved to desert his watch to seek some repose and shelter. With that purpose he couched himself down behind one of the most bulky of the Highlanders, who acted as lieutenant to the party. Not satisfied with having secured the shelter of the man’s large person, he coveted a share of his plaid, and by imperceptible degrees drew a corner of it round him. He was now comparatively in paradise, and slept sound till daybreak, when he awoke, and was terribly afraid on observing that his nocturnal operations had altogether uncovered the dhuiniewassell’s neck and shoulders, which, lacking the plaid which should have protected them, were covered with cranreuch (i.e. hoar frost). The lad rose in great dread of a beating, at least, when it should be found how luxuriously he had been accommodated at the expense of a principal person of the party. Good Mr. Lieutenant, however, got up and shook himself, rubbing off the hoar frost with his plaid, and muttering something of a cauld neight. They then drove on the cattle, which were restored to their owner without farther adventure — The above can hardly be termed a tale, but yet it contains materials both for the poet and artist.
It was perhaps about the same time that, by a rapid march into the Balquhidder hills at the head of a body of his own tenantry, the Duke of Montrose actually surprised Rob Roy, and made him prisoner. He was mounted behind one of the Duke’s followers, named James Stewart, and made fast to him by a horse-girth. The person who had him thus in charge was grandfather of the intelligent man of the same name, now deceased, who lately kept the inn in the vicinity of Loch Katrine, and acted as a guide to visitors through that beautiful scenery. From him I learned the story many years before he was either a publican, or a guide, except to moorfowl shooters.— It was evening (to resume the story), and the Duke was pressing on to lodge his prisoner, so long sought after in vain, in some place of security, when, in crossing the Teith or Forth, I forget which, MacGregor took an opportunity to
