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sacrifice。 ‘‘You shall tarry still；'' we read that he said； ‘‘and if this matter
come not to light you shall say； ‘He died in the gallery；' and I shall return
to my master's service。 But if it be known I shall fly； and take the crime
on me； and none dare pursue you！''
It was distinctly a determined affair of murder。 The loveliness of
Jean Livingstone has been so insisted upon in many Scottish ballads；＇2＇
and her conduct before her execution was so saintly； that one cannot help
wishing； even now； that she could have escaped the scaffold。 But there is
no doubt that； incited by the nurse； Janet Murdo； she set about having her
husband killed with a rancour which was very grim indeed。
＇2＇ A stanza in one ballad runs：
‘‘She has twa weel…made feet； Far better is her hand； She's
jimp about the middle As ony willy wand。''
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The reason for Jean's hatred of her husband appears in the dittay
against Robert Weir。 ‘‘Forasmuch；'' it runs； translated to modern terms；
as whilom Jean Livingstone； Goodwife of Warriston； having
conceived a deadly rancour； hatred； and malice against whilom John
Kincaid； of Warriston； for the alleged biting of her in the arm； and striking
her divers times； the said Jean； in the month of June； One Thousand Six
Hundred Years； directed Janet Murdo； her nurse； to the said Robert ＇Weir＇；
to the abbey of Holyroodhouse； where he was for the time； desiring him to
come down to Warriston； and speak with her； anent the cruel and unnatural
taking away of her said husband's life。
And there you have it。 If the allegation against John Kincaid was
true it does not seem that he valued his lovely wife as he ought to have
done。 The striking her ‘‘divers times'' may have been an exaggeration。
It probably was。 Jean and her women would want to show there had
been provocation。 （In a ballad he is accused of having thrown a plate at
dinner in her face。） But there is a naivete； a circumstantial air； about the
‘‘biting of her in the arm'' which gives it a sort of genuine ring。 How one
would like to come upon a contemporary writing which would throw light
on the character of John Kincaid！ Growing sympathy for Jean makes one
wish it could be found that Kincaid deserved all he got。
Here and there in the material at hand indications are to be found that
the Lady of Warriston had an idea she might not come so badly off on trial。
But even if the King's Majesty had been of clement disposition； which he
never was； or if her judges had been likely to be moved by her youth and
beauty； there was evidence of such premeditation； such fixity of purpose；
as would no doubt harden the assize against her。
Robert Weir was in service； as I have said； with Jean Livingstone's
father； the Laird of Dunipace。 It may have been that he knew Jean before
her marriage。 He seems； at any rate； to have been extremely willing to
stand by her。 He was fetched by the nurse several times from Holyrood
to Warriston； but failed to have speech with the lady。 On the 30th of June；
however； the Lady Warriston having sent the nurse for him once again； he
did contrive to see Jean in the afternoon； and； according to the dittay；
‘‘conferred with her； concerning the cruel； unnatural； and abominable
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murdering of the said whilom John Kincaid。''
The upshot of the conference was that Weir was secretly led to a
‘‘laigh'' cellar in the house of Warriston； to await the appointed time for
the execution of the murder。
Weir remained in the cellar until midnight。 Jean came for him at that
hour and led him up into the hall。 Thence the pair proceeded to the room
in which John Kincaid was lying asleep。 It would appear that they took
no great pains to be quiet in their progress； for on entering the room they
found Kincaid awakened ‘‘be thair dyn。''
I cannot do better at this point than leave description of the murder as
it is given in the dittay against Weir。 The editor of Pitcairn's Trials
remarks in a footnote to the dittay that ‘‘the quaintness of the ancient style
even aggravates the horror of the scene。'' As； however； the ancient style
may aggravate the reader unacquainted with Scots； I shall English it； and
give the original rendering in a footnote：
And having entered within the said chamber； perceiving the said
whilom John to be wakened out of his sleep by their din； and to pry over
his bed…stock； the said Robert came then running to him； and most cruelly；
with clenched fists； gave him a deadly and cruel stroke on the jugular vein；
wherewith he cast the said whilom John to the ground； from out his bed；
and thereafter struck him on his belly with his feet； whereupon he gave a
great cry。 And the said Robert； fearing the cry should have been heard；
he thereafter； most tyrannously and barbarously； with his hand； gripped
him by the throat； or weasand； which he held fast a long time； while ＇or
until＇ he strangled him； during the which time the said John Kincaid lay
struggling and fighting in the pains of death under him。 And so the said
whilom John was cruelly murdered and slain by the said Robert。＇3＇
＇3＇ And haifing enterit within the faid chalmer； perfaving the faid
vmqle Johnne to be walknit out of his fleip； be thair dyn； and to preife
ouer his bed ftok； the faid Robert cam than rynnand to him； and maift
crewallie； with thair faldit neiffis gaif him ane deidlie and crewall straik
on the vane…organe； quhairwith he dang the faid vmqle Johnne to the
grund； out…ouer his bed； and thaireftir； crewallie ftrak him on bellie with
his feit； quhairvpoun he gaif ane grit cry： And the faid Robert； feiring the
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cry fould haif bene hard； he thaireftir； maift tyrannouflie and barbarouflie；
with his hand； grippit him be the thrott or waifen； quhilk he held faft ane
lang tyme quhill he wirreit him； during the quhilk tyme； the faid Johnne
Kincaid lay ftruggilling and fechting in the panes of daith vnder him。
And fa； the faid vmqle Johnne was crewallie murdreit and flaine be the
faid Robert。''
It will be seen that Robert Weir evolved a murder technique which； as
Pitcairn points out； was to be adopted over two centuries later in
Edinburgh at the Westport by Messrs Burke and Hare。
％ II
Lady Warriston was found guilty； and four days after the murder； on
the 5th of July； was taken to the Girth Cross of Holyrood； at the foot of the
Canongate； and there decapitated by that machine which rather anticipated
the inventiveness of Dr Guillotin‘‘the Maiden。'' At the same time； four
o'clock in the morning； Janet Murdo； the nurse； and one of the serving…
women accused with her as accomplices were burned on the Castle Hill of
the city。
There is something odd about the early hour at which the executions
took place。 The usual time for these affairs was much later in the day；
and it is probable that the sentence against Jean ran that she should be
executed towards dusk on the 4th of the month。 The family of Dunipace；
however； having exerted no influence towards saving the daughter of the
house from her fate； did everything they could to have her disposed of as
secretly and as expeditiously as possible。 In their zeal to have done with
the hapless girl who； they conceived； had blotted the family honour
indelibly they were in the prison with the magistrates soon after three
o'clock； quite indecent in their haste to see her on her way to the scaffold。
In the first place they had applied to have her executed at nine o'clock on
the evening of the 3rd； another unusual hour； but the application was
turned down。 The main idea with them was to have Jean done awa