B

Richardsons’ Borderers’ Table Book, VII, 361, 1846; “taken down by James Telfer, of Saughtree, Liddesdale, from the chanting of an old woman named Kitty Hall, a native of Northumberland.”

1

God send the land deliverance

Frae every reaving, riding Scot;

We’ll sune hae neither cow nor ewe,

We’ll sune hae neither staig nor stot.

2

The outlaws come frae Liddesdale,

They herry Redesdale far and near;

The rich man’s gelding it maun gang,

They canna pass the puir man’s mear.

3

Sure it were weel, had ilka thief

Around his neck a halter strang;

And curses heavy may they light

On traitors vile oursels amang.

4

Now Parcy Reed has Crosier taen,

He has delivered him to the law;

But Crosier says he’ll do waur than that,

He’ll make the tower o Troughend fa.

5

And Crosier says he will do waur,

He will do waur if waur can be;

He’ll make the bairns a’ fatherless,

And then, the land it may lie lee.

6

‘To the hunting, ho!’ cried Parcy Reed,

‘The morning sun is on the dew;

The cauler breeze frae off the fells

Will lead the dogs to the quarry true.

7

‘To the hunting, ho!’ cried Parcy Reed,

And to the hunting he has gane;

And the three fause Ha’s o Girsonsfield

Alang wi him he has them taen.

8

They hunted high, they hunted low,

By heathery hill and birken shaw;

They raised a buck on Rooken Edge,

And blew the mort at fair Ealylawe.

9

They hunted high, they hunted low,

They made the echoes ring amain;

With music sweet o horn and hound,

They merry made fair Redesdale glen.

10

They hunted high, they hunted low,

They hunted up, they hunted down,

Until the day was past the prime,

And it grew late in the afternoon.

11

They hunted high in Batinghope,

When as the sun was sinking low;

Says Parcy then, Ca off the dogs,

We’ll bait our steeds and homeward go.

12

They lighted high in Batinghope,

Atween the brown and benty ground;

They had but rested a little while

Till Parcy Reed was sleeping sound.

13

There’s nane may lean on a rotten staff,

But him that risks to get a fa;

There’s nane may in a traitor trust,

And traitors black were every Ha.

14

They’ve stown the bridle off his steed,

And they’ve put water in his lang gun;

They’ve fixed his sword within the sheath

That out again it winna come.

15

‘Awaken ye, waken ye, Parcy Reed,

Or by your enemies be taen;

For yonder are the five Crosiers

A-coming owre the Hingin-stane.’

16

‘If they be five, and we be four,

Sae that ye stand alang wi me,

Then every man ye will take one,

And only leave but two to me:

We will them meet as brave men ought,

And make them either fight or flee.’

17

‘We mayna stand, we canna stand,

We daurna stand alang wi thee;

The Crosiers haud thee at a feud,

And they wad kill baith thee and we.’

18

‘O turn thee, turn thee, Johnie Ha,

O turn thee, man, and fight wi me;

When ye come to Troughend again,

My gude black naig I will gie thee;

He cost full twenty pound o gowd,

Atween my brother John and me.’

19

‘I mayna turn, I canna turn,

I daurna turn and fight wi thee;

The Crosiers haud thee at a feud,

And they wad kill baith thee and me’

20

‘O turn thee, turn thee, Willie Ha,

O turn thee, man, and fight wi me;

When ye come to Troughend again,

A yoke o owsen I’ll gie thee.’

21

‘I mayna turn, I canna turn,

I daurna turn and fight wi thee;

The Crosiers haud thee at a feud,

And they wad kill baith thee and me.’

22

‘O turn thee, turn thee, Tommy Ha,

O turn now, man, and fight wi me;

If ever we come to Troughend again,

My daughter Jean I’ll gie to thee.’

23

‘I mayna turn, I canna turn,

I daurna turn and fight wi thee;

The Crosiers haud thee at a feud,

And they wad kill baith thee and me.’

24

‘O shame upon ye, traitors a’!

I wish your hames ye may never see;

Ye’ve stown the bridle off my naig,

And I can neither fight nor flee.

25

‘Ye’ve stown the bridle off my naig,

And ye’ve put water i my lang gun;

Ye’ve fixed my sword within the sheath

That out again it winna come.’

26

He had but time to cross himsel,

A prayer he hadna time to say,

Till round him came the Crosiers keen,

All riding graithed and in array.

27

‘Weel met, weel met, now, Parcy Reed,

Thou art the very man we sought;

Owre lang hae we been in your debt,

Now will we pay you as we ought.

28

‘We’ll pay thee at the nearest tree,

Where we shall hang thee like a hound;’

Brave Parcy raisd his fankit sword,

And felld the foremost to the ground.

29

Alake, and wae for Parcy Reed,

Alake, he was an unarmed man;

Four weapons pierced him all at once,

As they assailed him there and than.

30

They fell upon him all at once,

They mangled him most cruellie;

The slightest wound might caused his deid,

And they hae gien him thirty-three;

They hacket off his hands and feet,

And left him lying on the lee.

31

‘Now, Parcy Reed, we’ve paid our debt,

Ye canna weel dispute the tale,’

The Crosiers said, and off they rade;

They rade the airt o Liddesdale.

32

It was the hour o gloaming gray,

When herds come in frae fauld and pen;

A herd he saw a huntsman lie,

Says he, Can this be Laird Troughen?

33

‘There’s some will ca me Parcy Reed,

And some will ca me Laird Troughen;

It’s little matter what they ca me,

My faes hae made me ill to ken.

34

‘There’s some will ca me Parcy Reed,

And speak my praise in tower and town;

It’s little matter what they do now,

My life-blood rudds the heather brown.

35

‘There’s some will ca me Parcy Reed,

And a’ my virtues say and sing;

I would much rather have just now

A draught o water frae the spring.’

36

The herd flung aff his clouted shoon

And to the nearest fountain ran;

He made his bonnet serve a cup,

And wan the blessing o the dying man.

37

‘Now, honest herd, ye maun do mair,

Ye maun do mair, as I you tell;

Ye maun bear tidings to Troughend,

And bear likewise my last farewell.

38

‘A farewell to my wedded wife,

A farewell to my brother John,

Wha sits into the Troughend tower

Wi heart as black as any stone.

39

‘A farewell to my daughter Jean,

A farewell to my young sons five;

Had they been at their father’s hand,

I had this night been man alive.

40

‘A farewell to my followers a’,

And a’ my neighbours gude at need;

Bid them think how the treacherous Ha’s

Betrayed the life o Parcy Reed.

41

‘The laird o Clennel bears my bow,

The laird o Brandon bears my brand;

Wheneer they ride i the Border-side,

They’ll mind the fate o the laird Troughend.’


A.

101, 121, 141, or for nor; cf. 81.

122. “O Parcy Reed, etc. (same as stanza 8, save at end, thee and me).” The same abridgment and remark at 102, 142, but the last words are there given as me and thee. Uniformity is to be expected.

161. fare thou: cf. 163, 171.

194
THE LAIRD OF WARISTON

A. ‘The Laird of Waristoun,’ Jamieson’s Popular Ballads, I, 109.

B. ‘Laird of Wariestoun,’ Kinloch MSS, VII, 217; Kinloch’s Ancient Scottish Ballads, p. 49.

C. ‘Death of Lord Warriston,’ Buchan’s Ballads of the North of Scotland, I, 56.

Birrell’s Diary, under the date of July 2, 1600, has the following entry: “John Kinland [Kincaid] of Waristone murderit be hes awin wyff and servant-man, and the nurische being also upone the conspiracy. The said gentilwoman being apprehendit, scho was tane to the Girth Crosse upon the 5 day of Julii, and her heid struck fra her bodie at the Can-nagait fit; quha diet verie patiently. Her nurische was brunt at the same tyme, at 4 houres in the morneing, the 5 of Julii.” P. 49.

Both husband and wife belonged to houses of some note. The wife, Jean Livingston, was a daughter of John Livingston of Dunipace, “and related to many of the first families in Scotland.”

Nothing seems to have been done to keep the murder from divulging. Warriston being only about a mile from Edinburgh, information very soon reached the authorities of justice, and those who were found in the house, the mistress, the nurse, and two female servants, were arrested. The crime was committed on Tuesday morning, not long after midnight. On Thursday such trial as there was took place, and it may have occupied three hours, probably less. At three o’clock on Saturday morning sentence was executed. This had been burning (i. e. after strangling), both for the principal and her accomplice, the nurse; but for the well-born woman, no doubt through the influence of her kindred, it was commuted to beheading. The servant-man who did the handiwork fled, but the penalty for undue devotion to his former master’s daughter overtook him within four years. He was broken on a cart-wheel with a plough-coulter.

The judicial records in the case of Jean Livingston are lost, but the process of the murder and the provocation are known from a register of the trial of Robert Weir, the actual perpetrator, and partly also from Jean Livingston’s own relation. Jean Livingston, having conceived a deadly hatred and malice against her husband, John Kincaid, “for the alleged biting of her in the arm and striking her divers times,” sent word by her nurse, Janet Murdo, to Robert Weir, formerly servant to her father, to come to Wariston to speak with her concerning the murdering of him. The nurse, who, we may safely suppose, had been the witness of Kincaid’s brutal behavior, was no unwilling agent. “She helped me too well in mine evil purpose,” says her mistress; “for when I told her what I was minded to do, she consented to the doing of it, and ... when I sent her to seek the man who would do it, she said, I shall go and seek him, and if I get him not, I shall seek another; and if I get none, I shall do it myself.” This the nurse confessed. The other two women knew nothing of the deed before it was done; “and that which they knew,” says the mistress again, “they durst not tell for fear, for I had compelled them to dissemble.” Robert Weir, having given consent, was put in a cellar, where he stayed till midnight, about which time he came up and went to Kincaid’s chamber. Kincaid, who had waked with the “din,” and was leaning over the side of his bed, was knocked to the floor by a blow in the neck, kicked in the belly, and then throttled. “As soon as that man gripped him and began his evil turn,” says the wife, “so soon as my husband cried so fearfully, I leapt outover my bed and went to the hall, where I sat all the time till that unhappy man came to me and reported that mine husband was dead.” She desired Weir, she says, to take her away with him, for she feared trial, albeit flesh and blood made her think that her father’s interest at court would have saved her (this may have been an after-thought). But Weir refused, saying, You shall tarry still, 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.

A benevolent minister, who visited Jean Livingston in prison about ten o’clock on Thursday, the third day after the murder, found her “raging in a senseless fury, disdainfully taunting every word of grace that was spoken to her, impatiently tearing her hair, sometimes running up and down the house like one possessed, sometimes throwing herself on the bed and sprawling, refusing all comfort by word, and, when the book of God was brought to her, flinging it upon the walls, twice or thrice, most unreverently.” His warnings of wrath to come and his exhortations to seek mercy through repentance were treated as “trittle, trattle,” and she stubbornly refused to pray for herself, or to take part in his prayer, or to say so much as God help me. He told her that she was promising herself impunity, but within a few hours, when she should have the sentence of death pronounced against her, the pride of her heart would be broken. The trial and sentence followed hard upon this, and when the minister returned, some time in the afternoon, he found a visible and apparent grace beginning in her. He remained with her till after midnight, and when he left her, Jean Livingston could say that she felt in her heart a free remission of all her sins. This worthy man came to the prison again early the next morning, and found God’s grace wonderfully augmented in her. She was full of joy and courage. Those that stood about her said they never saw her so amiable or well-favored. The glory of God was shining both without and within her.

To follow no further this astounding chapter in psychology, this bairn of twenty-one years,[[10]] with whom the Lord began to work in mercy upon Thursday at two hours in the afternoon, gave up her soul to him in peace upon the Saturday following at three hours in the morning. “When she came to the scaffold and was carried up upon it, she looked up to the Maiden with two longsome looks,” but her serenity was not disturbed. She made a confession at each of the four corners of the scaffold, took “good night” cheerfully of all her friends, kissing them, and then, “as a constant saint of God, humbled herself on her knees and offered her neck to the axe.”[[11]]

It may be gathered from Weir’s indictment that it was the ill treatment which she had received from her husband that incited the wife to the murder. Two of the ballads, A 4, B 2, make the same representation. An epitaph on Jean Livingston gives us to understand that both parties were very young, and were married aganst their will (invita invito subjuncta puella puello): whence perpetual disagreements (nihil in thalamo nisi rixæ, jurgia, lites).

In A, B, the strangling is done by the nurse and her lady, Man’s Enemy personally knotting the tether in A; in C it is done by the nurse alone. In B 8 the great Dunipace, in his anger at hearing what his daughter has done, cries out for her to be put in a barrel of pikes[[12]] and rolled down some lea. In C the father, mother, and brother come to see Jean, and would fain give everything to borrow her. This is a by much too flattering account of the behavior of her relatives, who were principally anxious to have her got out of the world with as little éclat as might be. None of them came near her in prison, though Wariston’s brother did. C makes Wariston’s mortal offence not the throwing a plate at her face (A) or striking her on the mouth (B), but the taxing her with a bairn by another man.[[13]] The unfriendly relations of the pair must have been notorious. In the prison the wife “purged herself very sincerely from many scandalous things she had been bruited with. Not that she would excuse herself that she was a sinner in the highest rank, but that she might clear herself from these false reports that her house was charged with:” Memorial, p. XXVII.