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turned down。 The main idea with them was to have Jean done away with
at some hour when the populace would not be expecting the execution。
Part of the plan for privacy is revealed in the fact of the burning of the
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nurse and the ‘‘hyred woman'' at four o'clock at the Castle Hill； nearly a
mile away from the Girth Cross； soas the Pitcairn Trials footnote says…
‘‘that the populace； who might be so early astir； should have their
attentions distracted at two opposite stations 。 。 。 and thus； in some
measure； lessen the disgrace of the public execution。''
If Jean had any reason to thank her family it was for securing；
probably as much on their own behalf as hers； that the usual way of
execution for women murderers should be altered in her case to beheading
by ‘‘the Maiden。'' Had she been of lesser rank she would certainly have
been burned； after being strangled at a stake； as were her nurse and the
serving…woman。 This was the appalling fate reserved for convicted
women＇4＇ in such cases； and on conviction even of smaller crimes。 The
process was even crueller in instances where the crime had been
particularly atrocious。 ‘‘The criminal；'' says the Pitcairn account of such
punishment； ‘‘was ‘brunt quick'！''
＇4＇ Men convicted of certain crimes were also subject to the same
form of execution adulterating and uttering base coins （Alan Napier； cutler
in Glasgow； was strangled and burned at the stake in December 1602）
sorcery； witchcraft； incantation； poisoning （Bailie Paterson suffered a like
fate in December 1607）。 For bestiality John Jack was strangled on the
Castle Hill （September 1605）； and the innocent animal participator in his
crime burned with him。
Altogether； the Dunipace family do not exactly shine with a good light
as concerns their treatment of the condemned girl。 Her father stood
coldly aside。 The quoted footnote remarks：
It is recorded that the Laird of Dunipace behaved with much apathy
towards his daughter； whom he would not so much as see previous to her
execution； nor yet would he intercede for her； through whose delinquency
he reckoned his blood to be for ever dishonoured。
Jean herself was in no mind to be hurried to the scaffold as early as
her relatives would have had her conveyed。 She wanted （poor girl！） to
see the sunrise； and to begin with the magistrates granted her request。 It
would appear； however； that Jean's blood…relations opposed the concession
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so strongly that it was almost immediately rescinded。 The culprit had to
die in the grey dark of the morning； before anyone was likely to be astir。
In certain directions there was not a little heart…burning about the
untimely hour at which it was manoeuvred the execution should be carried
out。 The writer of a Memorial； from which this piece of information is
drawn； refrains very cautiously from mentioning the objectors by name。
But it is not difficult； from the colour of their objections； to decide that
these people belonged to the type still known in Scotland as the ‘unco
guid。' They saw in the execution of this fair malefactor a moral lesson
and a solemn warning which would have a salutary and uplifting effect
upon the spectators。
‘‘Will you；'' they asked the presiding dignitaries； and the blood…
relations of the hapless Jean； ‘‘deprive God's people of that comfort which
they might have in that poor woman's death？ And will you obstruct the
honour of it by putting her away before the people rise out of their beds？
You do wrong in so doing； for the more public the death be； the more
profitable it shall be to many； and the more glorious； in the sight of all
who shall see it。''
But perhaps one does those worthies an injustice in attributing cant
motives to their desire that as many people as possible should see Jean die。
It had probably reached them that the Lady Warriston's repentance had
been complete； and that after conviction of her sin had come to her her
conduct had been sweet and seemly。 They were of their day and age；
those people； accustomed almost daily to beheadings； stranglings；
burnings； hangings； and dismemberings。 With that dour； bitter； fire…and…
brimstone religious conception which they had through Knox from Calvin；
they were probably quite sincere in their belief that the public repentance
Jean Livingstone was due to make from the scaffold would be for the
‘‘comfort of God's people。'' It was not so often that justice exacted the
extreme penalty from a young woman of rank and beauty。 With
‘‘dreadful objects so familiar'' in the way of public executions； it was
likely enough that pity in the commonalty was ‘‘choked with custom of
fell deeds。'' Something out of the way in the nature of a dreadful object…
lesson might stir the hearts of the populace and make them conscious of
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the Wrath to Come。
And Jean Livingstone did die a good death。
The Memorial＇5＇ which I have mentioned is upon Jean's ‘conversion'
in prison。 It is written by one ‘‘who was both a seer and hearer of what
was spoken ＇by the Lady Warriston＇。'' The editor of the Pitcairn Trials
believes； from internal evidence； that it was written by Mr James Balfour；
colleague of Mr Robert Bruce； that minister of the Kirk who was so
contumacious about preaching what was practically a plea of the King's
innocence in the matter of the Gowrie mystery。 It tells how Jean； from
being completely apathetic and callous with regard to religion or to the
dreadful situation in which she found herself through her crime； under the
patient and tender ministrations of her spiritual advisers； arrived at
complete resignation to her fate and genuine repentance for her misdeeds。
＇5＇ The Memorial is fully entitled： A Worthy and Notable Memorial
of the Great Work of Mercy which God wrought in the Conversion of Jean
Livingstone Lady Warristoun； who was apprehended for the Vile and
Horrible Murder of her own Husband； John Kincaid； committed on
Tuesday； July 1； 1600； for which she was execute on Saturday following；
Containing an Account of her Obstinacy； Earnest Repentance； and her
Turning to God； of the Odd Speeches she used during her Imprisonment；
of her Great and Marvellous Constancy； and of her Behaviour and Manner
of Death： Observed by One who was both a Seer and Hearer of what
was spoken。
Her confession； as filleted from the Memorial by the Pitcairn Trials； is
as follows：
I think I shall hear presently the pitiful and fearful cries which he
gave when he was strangled！ And that vile sin which I committed in
murdering my own husband is yet before me。 When that horrible and
fearful sin was done I desired the unhappy man who did it （for my own
part； the Lord knoweth I laid never my hands upon him to do him evil； but
as soon as that man gripped him and began his evil turn； so soon as my
husband cried so fearfully； I leapt out over my bed and went to the Hall；
where I sat all the time； till that unhappy man came to me and reported
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that mine husband was dead）； I desired him； I say； to take me away with
him； for I feared trial； albeit flesh and blood made me think my father's
moen ＇interest＇ at Court would have saved me！
Well； we know what the Laird of Dunip