It would perhaps heighten the drama of the story if it could be learned
what Jean and her women did between the time of the murder and the
arrest. It would seem, however, that the Lady Warriston had some
intention of taking flight with Weir. One is divided between an idea
that the horse-boy did not want to be hampered and that he was ready for
self-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.
"She has twa weel-made feet;
Far better is her hand;
She's jimp about the middle
As ony willy wand."
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.
Public-domain text, read in full here on John Shaqi.
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