CHAPTER III.

SCOTTISH GIPSIES, DOWN TO THE YEAR 1715.

That the Gipsies were in Scotland in the year 1506 is certain, as

appears by a letter of James IV, of Scotland, to the King of Denmark, in

favour of Anthonius Gawino, Earl of Little Egypt, a Gipsy chief. But

there is a tradition, recorded in Crawford's Peerage, that a company of

Gipsies, or Saracens, were committing depredations in Scotland before

the death of James II, which took place in 1460, being forty-six years

after the Gipsies were first observed on the continent of Europe, and it

is, therefore, probable that these wanderers were encamped on Scottish

ground before the year 1460, above mentioned. As I am not aware of

Saracens ever having set foot in Scotland, England, or Ireland, I am

disposed to think, if there is any truth in this tradition, it alludes

to the Gipsies.[51] The story relates to the estate and family of

McLellan of Bombie, in Galloway, and is as follows:

[51] There is no reason to doubt that these were Gipsies. They were

evidently a roving band, from some of the continental hordes, that had

passed over into Scotland, to "prospect" and plunder. They would, very

naturally, be called Saracens by the natives of Scotland, to whom any

black people, at that time, would appear as Saracens. We may,

therefore, assume that the Gipsies have been fully four hundred years

in Scotland. I may mention, however, that Mediterranean corsairs

occasionally landed and plundered on the British coast, to as late a

period as the reign of Charles I.--ED.

In the reign of James II, the Barony of Bombie was again recovered by

the McLellans, (as the tradition goes,) after this manner: In the same

reign, says our author of small credit, (Sir George McKenzie, in his

baronage M.S.,) it happened that a company of Saracens or Gipsies, from

Ireland,[52] infested the county of Galloway, whereupon the king

intimated a proclamation, bearing, that whoever should disperse them,

and bring in their captain, dead or alive, should have the Barony of

Bombie for his reward. It chanced that a brave young gentleman, the

laird of Bombie's son, fortunated to kill the person for which the

reward was promised, and he brought his head on the point of his sword

to the king, and thereupon he was immediately seized in the Barony of

Bombie; and to perpetuate the memory of that brave and remarkable

action, he took for his crest a Moor's head, and 'Think on' for his

motto.[53]

[52] Almost all the Scottish Gipsies assert that their ancestors came

by way of Ireland into Scotland.

[This is extremely likely. On the publication of the edict of

Ferdinand of Spain, in 1492, some of the Spanish Gipsies would likely

pass over to the south of Ireland, and thence find their way

into Scotland, before 1506. Anthonius Gawino, above referred to,

would almost seem to be a Spanish name. We may, therefore, very

safely assume that the Gipsies of Scotland are of Spanish Gipsy

descent.--ED.]

[53] Crawford's Peerage, page 238.

As armorial bearings were generally assumed to commemorate facts and

deeds of arms, it is likely that the crest of the McLellans is the head

of a _Gipsy_ chief. In the reign of James II, alluded to, we find "away

putting of _sorners_, (forcible obtruders,) fancied fools, vagabonds,

out-liers, masterful beggars, _bairds_, (strolling rhymers,) and such

like runners about," is more than once enforced by acts of

parliament.[54]

[54] Glendook's Scots' acts of parliament.

But the earliest authentic notice which has yet been discovered of the

first appearance of the Gipsies in Scotland, is the letter of James IV,

to the King of Denmark, in 1506. At this period these vagrants

represented themselves as Egyptian pilgrims, and so far imposed on our

religious and melancholy monarch, as to procure from him a favourable

recommendation to his uncle of Denmark, in behalf of one of these

"Earls," and his "lamentable retinue." The following is a translation of

this curious epistle:

"Most illustrious, &c.--Anthonius Gawino, Earl of Little Egypt, and the

other afflicted and lamentable tribe of his retinue, whilst, through a

desire of travelling, and, by command of the Pope,[55] (as he says,)

pilgriming, over the Christian world, according to their custom, had

lately arrived on the frontiers of our kingdom, and implored us that we,

out of humanity, would allow him to approach our limits without damage,

and freely carry about all things, and the company he now has. He easily

obtains what the hard fortune wretched men require. Thus he has

sojourned here, (as we have been informed,) for several months, in

peaceable and catholic manner. King and uncle, he now proposes a voyage

to Denmark to thee. But, being about to cross the ocean, he hath

requested our letters, in which we would inform your Highness of these,

and at the same time commend the calamity of this tribe to your royal

munificence. But we believe that the fates, manners, and race of the

wandering Egyptians are better known to thee than us, because Egypt is

nearer thy kingdom, and a greater number of such men sojourn in thy

kingdom.--Most illustrious, &c."[56]

[55] Mr. Hoyland makes some very judicious remarks upon the capacity

of the Gipsies, when they first appeared in Europe. He says: "The

first of this people who came into Europe must have been persons of

discernment and discrimination, to have adapted their deceptions so

exactly to the genius and habits of the different people they visited,

as to ensure success in all countries. The stratagem to which they had

recourse, on entering France, evinces consummate artifice of plan, and

not a little adroitness and dexterity in the execution. The specious

appearance of submission to Papal authority, in the penance of

wandering seven years, without lying in a bed, contained three

distinct objects. They could not have devised an expedient more likely

to recommend them to the favour of the ecclesiastics, or better

concerted for taking advantage of the superstitious credulity of the

people, and, at the same time, for securing to themselves the

gratification of their own nomadic propensities. So complete was the

deception they practised, that we find they wandered up and down

France, under the eye of the magistracy, not for seven years only, but

for more than a hundred years, without molestation."

Mr. Hoyland's remarks cover only half of the question, for, being

"pilgrims," their chiefs must also assume very high titles, to give

them consideration with the rulers of Europe--such as dukes, earls,

lords, counts and knights. To carry out the character of pilgrims, the

body would go very poorly clad; it would only be the chiefs who would

be flashily accoutred. It is, therefore, by no means wonderful that

the Gipsies should have succeeded so well, and so long, in obtaining

an entrance, and a toleration, in every country of Europe.--ED.

[56] Illustrissime, &c.--Anthonius Gawino, ex Parva Egypto comes, et

cætera ejus comitatus, gens afflicta et miseranda, dum Christianam

orbem peregrinationes studio. Apostolicæ sedis, (ut refert) jussu,

suorum more peregrinans, fines nostri regni dudum advenerat, atque in

sortis suæ, et miseriarum hujus populi, refugium, nos pro humanitate

imploraverat ut nostros limites sibi impune adire, res cunctas, et

quam habet societatem libere circumagere liceret. Impetrat facile quæ

postulat miserorum hominum dura fortuna. Ita aliquot menses bene et

catholice, (sic accepimus,) hic versatus, ad te, Rex et avuncule, in

Daciam transitum paret. Sed oceanum transmissurus nostras literas

exoravit; quibus celsitudinem tuam horum certiorum redderemus, simul

et calamitatem ejus gentis Regiæ tuæ munificentiæ commendaremus.

Ceterum errabundæ Egypti fata, moresque, et genus, eo tibe quam nobis

credimus notiora, quo Egyptus tuo regno vicinior, et major hujusmodi

hominum frequentia tuo diversatur imperio. Illustrissime, &c.

From 1506 to 1540, the 28th of the reign of James V, we find that the

true character of the Gipsies had not reached the Scottish court; for,

in 1540, the king of Scotland entered into a league or treaty with "John

Faw, Lord and Earl of Little Egypt;" and a writ passed the Privy Seal,

the same year, in favour of this Prince or _Rajah_ of the Gipsies. As

the public edicts in favour of this race are extremely rare, I trust a

copy of this curious document, in this place, may not be unacceptable to

the reader.[57]

[57] I have taken the liberty of translating the various extracts from

the Scottish acts of parliament, quoted in this chapter, as the

original language is not very intelligible to English or even Scottish

readers. For doing this, I may be denounced as a Vandal by the ultra

Scotch, for so treating such "rich old Doric," as the language of the

period may be termed.--ED.

"James, by the grace of God, King of Scots: To our sheriffs of

Edinburgh, principal and within the constabulary of Haddington, Berwick,

Roxburgh, &c., &c.; provosts, aldermen, and baillies of our burghs and

cities of Edinburgh, &c., &c., greeting: Forasmuch as it is humbly meant

and shown to us, by our loved John Faw, Lord and Earl of Little Egypt,

that whereas he obtained our letter under our great seal, direct you all

and sundry our said sheriffs, stewarts, baillies, provosts, aldermen,

and baillies of burghs, and to all and sundry others having authority

within our realm, to assist him in execution of justice upon his company

and folk, conform to the laws of Egypt, and in punishing of all them

that rebel against him: nevertheless, as we are informed, Sebastiane

Lalow Egyptian, one of the said John's company, with his accomplices and

partakers under written, that is to say, Anteane Donea, Satona Fingo,

Nona Finco, Phillip Hatseyggaw, Towla Bailyow, Grasta Neyn, Geleyr

Bailyow, Bernard Beige, Demeo Matskalla (or Macskalla), Notfaw Lawlowr,

Martyn Femine, rebels and conspirators against the said John Faw, and

have removed them all utterly out of his company, and taken from him

divers sums of money, jewels, clothes and other goods, to the quantity

of a great sum of money; and on nowise will pass home with him, howbeit

he has bidden and remained of long time upon them, and is bound and

obliged to bring home with him all them of his company that are alive,

and a testimony of them that are dead: and as the said John has the

said Sebastiane's obligation, made in Dunfermline before our master

household, that he and his company should remain with him, and on nowise

depart from him, as the same bears: In contrary to the tenor of which,

the said Sebastiane, by sinister and wrong information, false relation,

circumvention of us, has purchased our writings, discharging him and the

remnant of the persons above written, his accomplices and partakers of

the said John's company, and with his goods taken by them from him;

causes certain our lieges assist them and their opinions, and to fortify

and take their part against the said John, their lord and master; so

that he on nowise can apprehend nor get them, to have them home again

within their own country, after the tenor of his said bond, to his heavy

damage and _skaith_ (hurt), and in great peril of losing his heritage,

and expressly against justice: Our will is, therefore, and we charge you

straightly and command that . . . . . . . . . . ye and every one of you

within the bounds of your offices, command and charge all our lieges,

that none of them take upon hand to reset, assist, fortify, supply,

maintain, defend, or take part with the said Sebastiane and his

accomplices above written, for no body's nor other way, against the said

John Faw, their lord and master; but that they and ye, in likewise, take

and lay hands upon them wherever they may be apprehended, and bring them

to him, to be punished for their demerits, conform to his laws; and help

and fortify him to punish and do justice upon them for their trespasses;

and to that effect lend him your prisons, stocks, fetters, and all other

things necessary thereto, as ye and each of you, and all other our

lieges, will answer to us thereupon, and under all highest pain and

charge that after may follow: So that the said John have no cause of

complaint thereupon in time coming, nor to resort again to us to that

effect, notwithstanding any our writings, sinisterly purchased or to be

purchased, by the said Sebastiane on the contrary: And also charge all

our lieges that none of them molest, vex, unquiet, or trouble the said

John Faw and his company, in doing their lawful business, or otherwise,

within our realm, and in their passing, remaining, or away-going forth

of the same, under the pain above written: And such-like that ye command

and charge all skippers, masters and mariners of all ships within our

realm, at all ports and havens where the said John and his company

shall happen to resort and come, to receive him and them therein, upon

their expenses, for furthering of them forth of our realm to the parts

beyond sea, as you and each of them such-like will answer to us

thereupon, and under the pain aforesaid. Subscribed with our hand, and

under our privy seal at Falkland, the fifteenth day of February, and of

our reign the 28th year."[58]

[58] Ex. Registro Secreti Sigilli, Vol. XIV, fol. 59. Blackwood.

Appendix to McLaurin's Criminal Trials.

This document may well be termed the most curious and important record

of the early history of the Gipsy race in Europe; and it is well

worthy of consideration. The meaning of it is simply this: John Faw

had evidently been importuned by the Scottish Court, (at which he

appears to have been a man of no small consequence,) to bring his

so-called "pilgrimage," which he had undertaken "by command of the

Pope," to an end, so far, at least, as remaining in Scotland was

concerned. Being pressed upon the point, he evidently, as a last

resource, formed a plan with Sebastiane Lalow, and the other "rebels,"

to leave him, and carry _off_, (as he said,) his property. To give the

action an air of importance, and make it appear as a real rebellion,

they brought the question into court. Then, John could turn round, and

reply to the king: "May it please your majesty! I can't return to my

own country. My company and folk have conspired, rebelled, robbed, and

left me. I can't lay my hands upon them; I don't even know where to

find them. I must take them home with me, or a testimony of them that

are dead, under the great peril of losing my heritage, at the hands of

my lord, the Duke of Egypt. However, if your majesty will help me to

catch them, I will not be long in taking leave of _your_ kingdom, with

all my company. In the meantime, your majesty will be pleased to issue

your commands to all the shipowners and mariners in the kingdom, to be

ready, _when I gather together my folk_(_!_) to further our passage to

Egypt, for which I will pay them handsomely." The whole business may

be termed a piece of "thimble-rigging," to prolong their stay--that

is, enable them to remain permanently--in the country. Our author, I

think, is quite in error in supposing this to have been a real quarrel

among the Gipsies. If it had been a real quarrel, the Gipsies would

soon have settled the question among themselves, by their own laws; it

would have been the last thing, under all the circumstances of the

case, they would have thought of, to have brought it before the

Scottish court. The Gipsies, according to Grellmann, assigned the

following reason for prolonging their stay in Europe: "They

endeavoured to prolong the term (of their pilgrimage) by asserting

that their return home was prevented by soldiers, stationed to

intercept them; and by wishing to have it believed that new parties of

pilgrims were to leave their country every year, otherwise their land

would be rendered totally barren."

The quarrel between the Faas and the Baillies, for the _Gipsy crown_,

in after times, did not, in all probability, arise from this business,

but most likely, as the English Gipsies believe, from some marriage

between these families. The Scottish Gipsies, like the two Roses, have

had, and for aught I know to the contrary, may have yet, two rival

kings--Faa and Baillie, with their partisans--although the Faas, from

the prominent position which they have always occupied in Scottish

history, have been the only kings known to the Scottish public

generally.

In perusing this work, the reader will be pleased to take the above

mentioned document as the starting point of the history of the Gipsies

in Scotland; and consider the Gipsies of that time as the progenitors

of all those at present in Scotland, including the great encrease of

the body, by the mixture of the white blood that has been brought

within their community. He will also be pleased to divest himself of

the childish prejudices, acquired in the nursery and in general

literature, against the name of Gipsy; and consider that there are

people in Scotland, occupying some of the highest positions in life,

who are Gipsies; not indeed Gipsies in point of purity of blood, but

people who have Gipsy blood in their veins, and who hold themselves to

be Gipsies, in the manner which I have, to a certain extent, explained

in the Preface, and will more fully illustrate in my Disquisition on

the Gipsies.--ED.

This curious league of John Faw with the Scottish king, who acknowledges

the laws and customs of the Gipsies within his kingdom, was of very

short duration. Like that of many other favourites of princes, the

credit which the "Earl of Little Egypt" possessed at court was, the

succeeding year, completely annihilated, and that with a vengeance, as

will appear by the following order in council. The Gipsies, quarrelling

among themselves, and publicly bringing their matters of dispute before

the government, had, perhaps, contributed to produce an enquiry into the

real character and conduct of these foreigners; verifying the ancient

adage, that a house divided against itself cannot stand. But the

immediate cause assigned for the sudden change of mind in the king, so

unfortunate for the Gipsies, is handed down to us in the following

tradition, current in Fife:

King James V, as he was travelling through part of his dominions,

disguised under the character of the Gaberlunzie-man, or Guid-man of

Ballangiegh, prosecuting, as was his custom, his low and vague amours,

fell in with a band of Gipsies, in the midst of their carousals, in a

cave, near Wemyss, in Fifeshire. His majesty heartily joined in their

revels, but it was not long before a scuffle ensued, wherein the king

was very roughly handled, being in danger of his life.[59] The Gipsies,

perceiving at last that he was none of their people, and considering him

a spy, treated him with great indignity. Among other humiliating

insults, they compelled his royal majesty, as an humble servant of a

Tinkler, to carry their budgets and wallets on his back, for several

miles, until he was exhausted; and being unable to proceed a step

further, he sank under his load. He was then dismissed with scorn and

contempt by the merciless Gipsies. Being exasperated at their cruel and

contemptuous treatment of his sacred person, and having seen a fair

specimen of their licentious manner of life, the king caused an order in

council immediately to be issued, declaring that, if _three_ Gipsies

were found together, one of the three was instantly to be seized, and

forthwith hanged or shot, by any one of his majesty's subjects that

chose to put the order in execution.

[59] The Gipsies assert that, on this occasion, the king attempted to

take liberties with one of their women: and that one of the male

Gipsies "came crack over his head with a bottle."--ED.

This tradition is noticed by the Rev. Andrew Small, in his antiquities

of Fife, in the following words. His book came into my hands after I had

written down my account of the tradition.

"But, surely, this would be the last tinker that ever he would dub (a

knight). If we may judge from what happened, one might imagine he,

(James V,) would be heartily sick of them, (tinkers,) being taken

prisoner by three of them, and compelled to stay with them several days,

so that his nobles lost all trace of him, and being also forced, not

only to lead their ass, but likewise to assist it in carrying part of

the panniers! At length he got an opportunity, when they were bousing in

a house at the east end of the village of Milnathort, where there is now

a new meeting-house built, when he was left on the green with the ass.

He contrived to write, some way, on a slip of paper, and gave a boy

half-a-crown to run with it to Falkland, and give it to his nobles,

intimating that the guid-man of Ballangiegh was in a state of captivity.

After they got it, and knew where he was, they were not long in being

with him, although it was fully ten miles they had to ride. Whenever he

got assistance, he caused two of the tinkers, that were most harsh and

severe to him, to be hanged immediately, and let the third one, that was

most favourable to him, go free. They were hanged a little south-west of

the village, at a place which, from the circumstance, is called the

Gallow-hill to this day. The two skeletons were lately found after the

division of the commonty that recently took place. He also, after this

time, made a law, that whenever three tinkers, or Gipsies, were found

going together, two of them should be hanged, and the third set at

liberty."[60]

[60] Small's Roman Antiquities of Fife, pages 285 and 286. Small also

records a song composed on James V dubbing a Tinker a knight.

The following order in council is, perhaps, the one to which this

tradition alludes:

"Act of the lords of council respecting John Faw, &c., June 6, 1541. The

which day anent the complaint given by John Faw and his brother, and

Sebastiane Lalow, Egyptians, to the King's grace, ilk ane plenizeand

. . . . upon other and divers faults and injuries; and that it is agreed

among them to pass home, and have the same decided before the Duke of

Egypt.[61] The lords of council, being advised with the points of the

said complaints, and understanding perfectly the great thefts and

_skaiths_ (hurts) done by the said Egyptians upon our sovereign lord's

lieges, wherever they come or resort, ordain letters to be directed to

the provosts and baillies of Edinburgh, St. Johnstown (Perth), Dundee,

Montrose, Aberdeen, St. Andrews, Elgin, Forres, and Inverness; and to

the sheriffs of Edinburgh, Fife, Perth, Forfar, Kincardine, Aberdeen,

Elgin and Forres, Banff, Cromarty, Inverness, and all other sheriffs,

stewarts, provosts and baillies, where it happens the said Egyptians to

resort.[62] To command and charge them, by open proclamation, at the

market crosses of the head burghs of the sheriffdoms, to depart forth of

this realm, with their wives, children, and companies, within xxx days

after they be charged thereto, under the pain of death; notwithstanding

any other letters or privileges granted to them by the king's grace,

because his grace, with the advice of the lords, has discharged the same

for the causes aforesaid: with certification that if they be found in

this realm, the said xxx days being past, they shall be taken and put to

death."[63]

[61] It would seem that John Faw had become frightened at the mishap

of one of his folk "coming crack over the king's head with a bottle,"

and that, to pacify his majesty, he had at once gone before him, and

informed him that he had prevailed on his "rebellious subjects" to

_pass home_, and have the matter in dispute decided by the _Duke of

Egypt_. This would, so far, satisfy the king; but to make sure of

getting rid of his troublesome visitors, he issued his commands to

the various authorities to see that they really did leave the

country.--ED.

[62] It would appear, from the mention that is made here of the

authorities of so many towns and counties, "where it happens the said

Egyptians to resort," that the race was scattered over all Scotland at

this time, and that it must have been numerous.--ED.

[63] M. S. Act. Dom. Con. vol 15, fol. 155.--_Blackwood's Magazine._

This sharp order in council seems to have been the first edict banishing

the Gipsies as a whole people--men, women, and children--from Scotland.

But the king, whom, according to tradition, they had personally so

deeply offended, dying in the following year, (1542) a new reign brought

new prospects to the denounced wanderers.[64] They seem to have had the

address to recover their credit with the succeeding government; for, in

1553, the writ which passed the privy seal in 1540, forming a sort of

league with "John Faw, Lord and Earl of Little Egypt," was renewed by

Hamilton, Earl of Arran, then Regent during the minority of Queen Mary.

McLaurin, in his criminal trials, when speaking of John Faw, gravely

calls him "this peer." "There is a writ," says he, "of the same tenor in

favour of this peer from Queen Mary, same record, 25 April, 1553; and 8

April, 1554, he gets remission for the slaughter of Ninian Small." In

Blackwood's Magazine it is mentioned that "Andro Faw, Captain of the

Egyptians,[65] and twelve of his gang specified by name, obtained a

remission for the slaughter of Ninian Small, committed within the town

of Linton, in the month of March last by past upon suddenly." This

appears to be the slaughter to which McLaurin alludes. The following are

the names of these thirteen Gipsies: "Andro Faw, captain of the

Egyptians, George Faw, Robert Faw, and Anthony Faw, his sons, Johnne

Faw, Andrew George Nichoah, George Sebastiane Colyne, George Colyne,

Julie Colyne, Johnne Colyne, James Haw, Johnne Browne, and George

Browne, Egyptians."

[64] It is perfectly evident that the severe decree of James V against

the Gipsies arose from the personal insult alluded to, owing to the

circumstance of its falling to the ground after his death, and the

Gipsies recovering their position with his successor. Apart from what

the Gipsies themselves say on this subject, the ordinary tradition may

be assumed to be well founded. If the Gipsies were spoken to on the

subject of the insult offered to the king, they would naturally reply,

that they did not know, from his having been dressed like a beggar,

that it was the king; an excuse which the court, knowing his majesty's

vagabond habits, would probably receive. But it is very likely that

John Faw would declare that the guilty parties were those rebels whom

he was desirous to catch, and take home with him to Egypt! This Gipsy

king seems to have been a master of diplomacy.--ED.

[65] The Gipsy chiefs were partial to the title of Captain; arising, I

suppose, from their being leaders of large bands of young men employed

in theft and robbery. [In Spain, such Gipsy chiefs, according to Mr.

Borrow, assumed the name of Counts.--ED.]

From the edict above mentioned, it is evident that the Gipsies in

Scotland, at that time, were allowed to punish the criminal members of

their own tribe, according to their own peculiar laws, customs and

usages, without molestation. And it cannot be supposed that the

ministers of three or four succeeding monarchs would have suffered their

sovereigns to be so much imposed on, as to allow them to put their names

to public documents, styling poor and miserable wretches, as we at the

present day imagine them to have been, "Lords and Earls of Little

Egypt." Judging from the accounts which tradition has handed down to us,

of the gay and fashionable appearance of the principal Gipsies, as late

as about the beginning of the eighteenth century, as will be seen in my

account of the Tweed-dale bands, I am disposed to believe that Anthonius

Gawino, in 1506, and John Faw, in 1540, would personally, as

individuals, that is, as Gipsy Rajahs,[66] have a very respectable and

imposing appearance in the eyes of the officers of the crown. And

besides, John Faw appears to have been possessed of "divers sums of

money, jewels, clothes and other goods, to the quantity of a great sum

of money;" and it would seem that some of the officers of high rank in

the household of our kings had fingered the cash of the Gipsy pilgrims.

If there is any truth in the popular and uniform tradition that, in the

seventeenth century, a Countess of Cassilis was seduced from her duty to

her lord, and carried off by a Gipsy, of the name of John Faa, and his

band, it cannot be imagined, that the seducer would be a poor, wretched,

beggarly Tinkler, such as many of the tribe are at this day. If a

handsome person, elegant apparel, a lively disposition, much mirth and

glee, and a constant boasting of extraordinary prowess, would in any way

contribute to make an impression on the heart of the frail countess,

these qualities, I am disposed to think, would not be wanting in the

"Gipsy Laddie." And, moreover, John Faw bore, on paper at least, as high

a title as her husband, Lord Cassilis, from whom she absconded. It is

said the individual who seduced the fair lady was a Sir John Faw, of

Dunbar, her former sweetheart, and not a Gipsy; but tradition gives no

account of a Sir John Faw, of Dunbar.[67] The Falls, merchants, at

Dunbar, were descended from the Gipsy Faas of Yetholm.

[66] _Rajah_--The Scottish Gipsy word for a chief, governor, or

prince.

[67] The author, (Mr. Finlay,) who claims a Sir John Faw, of Dunbar,

to have been the person who carried off the Countess of Cassilis,

gives no authority, as a writer in Blackwood says, in support of his

assertion. Nor does he account for a person of that name being any

other than a Gipsy. Indeed, this is but an instance of the ignorance

and prejudice of people generally in regard to the Gipsies. The

tradition of the hero being a Gipsy, I have met with among the English

Gipsies, who even gave me the name of the lady. John Faw, in all

probability the king of the Gipsies, who carried off the countess,

might reasonably be assumed to have been, in point of education, on a

par with her, who, in that respect, would not, in all probability,

rise above the most humble Scotch cow-milker at the present day,

whatever her personal bearing might have been.--ED.

It is pretty clear that the Gipsies remained in Scotland, with little

molestation, from 1506 till 1579--the year in which James VI took the

government into his own hands, being a period of about seventy-three

years, during which time these wanderers roamed up and down the kingdom,

without receiving any check of consequence, excepting the short

period--probably about one year--in which the severe order of James V

remained in force, and which, in all probability, expired with the

king.[68]

[68] During these seventy-three years of peace, the Gipsies in

Scotland must have multiplied prodigiously, and, in all probability,

drawn much of the native blood into their body. Not being, at that

time, a proscribed race, but, on the contrary, honoured by leagues and

covenants with the king himself, the ignorant public generally would

have few of those objections to intermarry with them, which they have

had in subsequent times. The thieving habits of the Gipsies would

prove no bar to such connections, as the Scottish people were

accustomed to thieving of all kinds.--ED.

The civil and religious contests in which the nation had been long

engaged, particularly during the reign of Queen Mary, produced numerous

swarms of banditti, who committed outrages in every part of the country.

The slighter depredations of the Gipsy bands, in the midst of the fierce

and bloody quarrels of the different factions that generally prevailed

throughout the kingdom, would attract but little attention, and the

Gipsies would thereby escape the punishment which their actions merited.

But the government being more firmly established, by the union of the

different parties who distracted the country, and the king assuming the

supreme authority, which all acknowledged, vigorous measures were

adopted for suppressing the excess of strolling vagabonds of every

description. In the very year the king was placed at the head of

affairs, a law was passed, "For punishment of strong and idle beggars,

and relief of the poor and impotent."

Against the Gipsies this sweeping statute is particularly directed, for

they are named, and some of their practices pointed out, in the

following passage: "And that it may be known what manner of persons are

meant to be strong and idle beggars and vagabonds, and worthy of the

punishment before specified, it is declared that all idle persons going

about the country of this realm, using subtle, crafty and unlawful

plays--as jugglery, fast-and-loose, and such others, the idle people

calling themselves Egyptians, or any other that fancy themselves to have

knowledge of prophecy, charming, or other abused sciences, whereby they

persuade the people that they can tell their weirds, deaths, and

fortunes, and such other fantastical imaginations."[69] And the

following is the mode prescribed for punishing the Gipsies, and the

other offenders associated with them in this act of parliament: "That

such as make themselves fools and are _bairds_, (strolling rhymers,) or

other such like runners about, being apprehended, shall be put in the

king's ward, or irons, so long as they have any goods of their own to

live on, and if they have not whereupon to live of their own, that their

ears be nailed to the tron or other tree, and cut off, and (themselves)

banished the country; and if thereafter they be found again, that they

be hanged."[70]

[69] In this act of parliament are denounced, along with the Gipsies,

"all minstrels, songsters, and tale-tellers, not avowed by special

licence of some of the lords of parliament or great barons, or by the

high burghs and cities, for their common minstrels." "All _vagabond

scholars_(_!_) of the universities of St Andrews, Glasgow, and

Aberdeen, not licenced by the rector and dean of faculty to _ask

alms_." It would seem, from this last extract, that the Scottish

Universities granted diplomas to their students to beg! The Gipsies

were associated or classed with good company at this time. But beggar

students, or student-beggars, were common in other parts of Europe

during that age.--ED.

[70] Glendook's Scots Acts, James VI, 6th Par. cap. 74--20th Oct.

1579.

This statute was ratified and confirmed in the 12th parliament of James

VI, cap. 147, 5th June, 1592, wherein the incorrigible Gipsies are again

referred to: "And for the better trial of common _sorners_ (forcible

obtruders,) vagabonds, and masterful beggars, fancied fools, and

counterfeit Egyptians, and to the effect that they may be still

preserved till they be compelled to settle at some certain dwelling, or

be expelled forth of the country, &c." The next law in which the Gipsies

are mentioned, with other vagabonds, was passed in the 15th parliament

of the same reign, 19th December, 1597, entitled, "Strong beggars,

vagabonds, and Egyptians should be punished." The statute itself reads

as follows: "Our sovereign lord and estates of parliament ratify and

approve the acts of parliament made before, against strong and idle

beggars, vagabonds, and Egyptians," with this addition: "That strong

beggars and their children be employed in common works, and their

service mentioned in the said act of parliament, in the year of God,

1579, to be prorogate in during their life times, &c."[71]

[71] By the above, and subsequent statutes, in the reign of James VI,

"Coal and salt-masters might apprehend, and put to labour, all

vagabonds and sturdy beggars." The truth is, these kidnapped

individuals and their children were made slaves of to these masters.

The colliers were emancipated only within these fifty years. It has

been stated to me that some of the colliers in the Lothians are of

Gipsy extraction. [Our author might have said _Gipsies_; for being "of

Gipsy extraction," and "Gipsies," are expressions quite synonymous,

notwithstanding the application by the public of the latter term to

the more original kind of Gipsies only.--ED.]

All the foregoing laws were again ratified and enforced by another act,

in the same reign, 15th November, 1600. The following extract will serve

to give some explanation how these statutes were neglected, and seldom

put in force: "And how the said acts have received little or no effect

or execution, by the oversight and negligence of the persons who were

nominated justices and commissioners, for putting of the said acts to

full and due execution, so that the strong and idle beggars, being for

the most part thieves, _bairds_, (strolling rhymers,) and counterfeit

_limmers_, (scoundrels,) living most insolently and ungodly, without

marriage or baptism, are suffered to _vaig_ and wander throughout the

whole country."[72] "But," says Baron Hume, "all ordinary means having

proved insufficient to restrain so numerous and so sturdy a crew, the

privy council at length, in June, 1603, were induced to venture on the

more effectual expedient, (recommended by the example of some other

realm,) of at once ordering the whole race to leave the kingdom by a

certain day, and never to return under the pain of death.[73] A few

years after, this proclamation was converted into perpetual law, by

statute 1609, cap. 13, with this farther convenient, but very severe,

provision toward the more effectual execution of the order, that it

should be lawful to condemn and execute them to the death, upon proof

made of the single fact 'that they are called, known, repute and holden

Egyptians'!" As this is the only statute exclusively relating to, and

denouncing, the Gipsies, I shall give it at length.

[72] If Fletcher of Saltoun be correct, when he states that, in his

time, which was about the end of the 17th century, there were two

hundred thousand people, (about one-fifth of the whole population,)

begging from door to door in Scotland, it would be a task of no little

difficulty, for those in power, to put in force the laws against the

Gipsies, and vagabonds generally. The editor of Dr. Pennicuick's

history of Tweed-dale, thinks Fletcher's is an over-charged picture.

Some are of opinion that, when he made his statement, he included the

greater part of the inhabitants of the Scottish Border, and also those

in the north of Scotland; for, he said, the Highlands "was an

inexhaustible source of beggars," and wished these banditti

transplanted to the low country, and to people the Highlands from

hence.

[73] The records in which this order is contained are lost.

"13. Act anent the Egyptians. Our sovereign lord and estates of

parliament ratify, approve, and perpetually confirm the act of secret

council, made in the month of June or thereby, 1603 years, and

proclamation following thereupon, commanding the vagabonds, _sorners_

(forcible obtruders), and common thieves, commonly called Egyptians, to

pass forth of this kingdom, and remain perpetually forth thereof, and

never to return within the same, under pain of death; and that the same

have force and execution after the first day of August next to come.

After the which time, if any of the said vagabonds, called Egyptians, as

well women as men, shall be found within this kingdom, or any part

thereof, it shall be lawful to all his majesty's good subjects, or any

one of them, to cause take, apprehend, imprison, and execute to death

the said Egyptians, either men or women, as common, notorious, and

condemned thieves, by one assize only to be tried, that they are called,

known, repute and holden Egyptians: In the which cause, whosoever of the

assize happen to _clenge_ (exculpate) any of the aforesaid Egyptians

pannelled, as said is, shall be pursued, handled and censured as

committers of wilful error: And whoever shall, any time thereafter,

reset, receive, supply, or entertain any of the said Egyptians, either

men or women, shall lose their escheat, and be warded at the judge's

will: And that the sheriffs and magistrates, in whose bounds they shall

publicly and avowedly resort and remain, be called before the lords of

his highness' secret council, and severely censured and punished for

their negligence in execution of this act: Discharging all letters,

protections, and warrants whatsoever, purchased by the said Egyptians,

or any of them, from his majesty or lords of secret council, for their

remaining within this realm, as surreptitiously and deceitfully obtained

by their knowledge: Annulling also all warrants purchased, or hereafter

to be purchased, by any subject of whatsoever rank within this kingdom,

for their reset, entertaining, or doing any manner of favour to the

said Egyptians, at any time after the said first day of August next to

come, for now and ever."[74] In a subsequent enactment, in 1617,

appointing justices of the peace and constables, the destruction of the

proscribed Egyptians is particularly enjoined, in defining the different

duties of the magistrates and their peace officers.[75]

[74] Glendook's Scots Act.

[75] Ib.

But so little respected was the authority of the government, that in

1612, three years after the passing of the Gipsy act, his majesty was

under the humiliating necessity of entering into a contract with the

clan Scott, and their friends, by which the clan bound themselves "to

give up all bands of friendship, kindness, oversight, maintenance or

assurance, if any we have, with common thieves and broken clans, &c." It

is certain there would be many bonds of the same nature with other

turbulent clans throughout the kingdom. That Scotchmen of respectability

and influence protected the Gipsies, and afforded them shelter on their

lands, after the promulgation of the cruel statute of 1609, is manifest

from the following passages, which I extract from Blackwood's Magazine,

for 1817; the conductor of which seems to have been careful in examining

the public records for the documents quoted by him; having been guided

in his researches, I believe, by Sir Walter Scott.

"In February, 1615, we find a remission under the privy seal, granted to

William Auchterlony, of Cayrine, for resetting of John Faw and his

followers.[76] On the 14th July, 1616, the sheriff of Forfar is severely

reprimanded for delaying to execute some Gipsies, who had been taken

within his jurisdiction, and for troubling the council with petitions in

their behalf. In November following appears a proclamation against

Egyptians and their resetters. In December, 1619, we find another

proclamation against resetters of them; in April, 1620, another

proclamation of the same kind, and in July, 1620, a commission against

resetters, all with very severe penalties. The nature of these acts will

be better understood from the following extract from that of the 4th

July, 1616, which also very well explains the way in which the Gipsies

contrived to maintain their footing in the country, in defiance of all

the efforts of the legislature to extirpate them." "It is of truth that

the thieves and _limmers_ (scoundrels), aforesaid, having for some short

space after the said act of parliament, (1609,) . . . dispersed

themselves in certain secret and obscure places of the country . . .

they were not known to wander abroad in troops and companies, according

to their accustomed manner, yet, shortly thereafter, finding that the

said act of parliament was neglected, and that no enquiry nor . . . was

made for them, they began to take new breath and courage, and . . .

unite themselves in infamous companies and societies, under . . .

commanders, and continually since then have remained within the country,

committing as well open and avowed _rieffis_ (robberies) in all parts

. . . murders, . . . _pleine stouthe_ (common theft) and pickery, where

they may not be mastered; and they do shamefully and mischievously abuse

the simple and ignorant people, by telling fortunes, and using charms,

and a number of juggling tricks and falseties, unworthy to be heard of

in a country subject to religion, law, and justice; and they are

encouraged to remain within the country, and to continue in their

thievish and juggling tricks and falseties, not only through default of

the execution of the said act of parliament, but, what is worse, that

great numbers of his majesty's subjects, of whom some outwardly pretend

to be famous and unspotted gentlemen, have given and give open and

avowed protection, reset, supply and maintainance, upon their grounds

and lands, to the said vagabonds, _sorners_, (forcible obtruders,) and

condemned thieves and _limmers_, (scoundrels,) and suffer them to remain

days, weeks, and months together thereupon, without controulment, and

with connivance and oversight, &c." "So they do leave a foul, infamous,

and ignominious spot upon them, their houses, and posterity, that they

are patrons to thieves and _limmers_, (scoundrels,)" &c.[77]

[76] The nature of this crime in Scotch law is fully explained in the

following extract from the original, which also appears curious in

other respects. The pardon is granted "pro receptione, supportatione,

et detentione supra terra suas de Belmadie, et infra eius habitationis

domium, aliaq. edificia eiusdem, _Joannis Fall_, _Ethiopis_, _lie

Egiptian_, eiusq. uxoris, puerorum, servorum et associatorum; Necnon

pro ministrando ipsis cibum, potum, pecunias, hospicium, aliaq.

necessaria, quocunq. tempore vel occasione preterita, contra acta

nostri Parliamenti vel secreti concilii, vel contra quecunq. leges,

alia acta, aut constitutiones huius nostri regni Scotiæ in contrarium

facta." Regist. secreti sigilli vol. lxxxiii, fol. 291, _Blackwood's

Magazine_.--ED.

[77] The same state of things existed in Spain. Charles II. passed a

law on the 12th June, 1695, the 16th article of which, as given by Mr.

Borrow, enacts: "And because we understand that the continuance of

those who are called Gitanos has depended on the favour, protection,

and assistance which they have experienced from persons of _different

stations_, we do ordain that whosoever against whom shall be proved

the fact of having, since the day of the publication hereof, favoured,

received, or assisted the said Gitanos, in any manner whatever,

whether _within their houses_ or without, _provided he is a noble_,

shall be subjected to the fine of _six thousand ducats_, . . . . and

_if a plebeian_, to a _punishment of ten years in the galleys_." Such

an enactment would surely prove that the Gipsies in Spain were

_greatly_ favoured by the Spanish people generally, even two centuries

after they entered the country.

The causes to which may be attributed this toleration, even

encouragement, of the Gipsies, are various. Among these may be

mentioned a fear of consequences to person and property, tinkering,

trafficking and amusement, and corruption on the part of those in

power. But in the character of the Gipsies itself may be found a

general cause for their escaping the effects of the laws passed

against them, viz., _wheedling_. The term Gitano has been variously

modified in the Spanish language, thus:

Gitano. _Gipsy_, _flatterer_; Gitanillo, _a little Gipsy_; Gitanismo,

_the Gipsy tribe_; Gitanesco, _Gipsy-like_; Gitanear, _to flatter_,

_entice_; Gitaneria, _wheedling_, _flattery_; Gitanamento, _in

a sly, winning manner_; Gitanada, _blandishment_, _wheedling_,

_flattery_.--ED.

From their first arrival in the country till 1579, the Gipsies, as

already mentioned, appear to have been treated as a separate people,

observing their own laws and customs. In the year 1587, such was the

state of society in Scotland, that laws were passed by James VI,

compelling all the baronial proprietors of lands, chiefs and captains of

clans, on the Borders and Highlands of Scotland, to find pledges and

securities for the peaceable conduct of their retainers, tenants,

clansmen, and other inhabitants of their respective estates and

districts.[78] In the same parliament another act was passed, allowing

vagabonds and broken and unpledged men to produce pledges and securities

for their good conduct. The Gipsies, under these statutes, would remain

unmolested, as they would readily find protection by becoming,

nominally, clansmen, and assuming the surnames, of those chieftains and

noblemen who were willing and able to afford them protection.[79]

Indeed, the act allowing vagabonds to find sureties would include the

Gipsy bands, for, about this period, they seem to have been only

classed with our own native vagabonds, moss-troopers, Border and

Highland thieves, broken clans and masterless men. It appears by the act

of 1609, that the Gipsies had even purchased their protection from the

government. The inhabitants of Scotland being at this period still

divided into clans, would greatly facilitate the escape of the Gipsies

from the laws passed against them. The clans on the Borders and

Highlands were in a state of almost constant warfare with one another;

and frequently several of the clans were united in opposition to the

regular government of the country, to whose mandates they paid little or

no regard. The Gipsies had no settled residence, but roamed from place

to place over the whole country; and when they found themselves in

danger in one place, they had no more to do but remove into the district

inhabited by a hostile clan, where they would immediately find

protection. Besides, the Borderers and Highlanders, themselves

plunderers and thieves, would not be very active in apprehending their

brother thieves, the Gipsies. Even, according to Holinshed, "the poison

of theft and robbery pervaded almost all classes of the Scottish

community about this period."

[78] There were 17 clans on the Borders, and 34 clans in the

Highlands, who appear to have had chiefs and captains over them. There

were 22 baronial proprietors connected with the Borders, and 106

connected with the Highlands, named in a roll, who were likewise

ordered to find pledges.--_Glendook's Scots Acts._

[79] It sometimes happened, when an internal quarrel took place in a

clan, portions of the tribe left their chief, and united themselves to

another, whose name they assumed and dropped their original one.

The excessive severity of the sanguinary statute of 1609, and the

unrelenting manner in which it was often carried into effect, were

calculated to produce a great outward change on the Scottish Gipsies.

Like stags selected from a herd of deer, and doomed to be hunted down by

dogs, these wanderers were now singled out, and separated from the

community, as objects to whom no mercy was to be shown.[80] The word

Egyptian would never be allowed to escape their lips; not a syllable of

their peculiar speech would be uttered, unless in the midst of their own

tribe. It is also highly probable that every part of their dress by

which their fraternity could be recognized, would be carefully

discontinued. To deceive the public, they would also conform

_externally_ to some of the religious rites, ceremonies, observances,

and other customs of the natives of Scotland. I am further inclined to

think that it would be about this period, and chiefly in consequence of

these bloody enactments, the Gipsies would, in general, assume the

ordinary christian and surnames common at that time in Scotland. And

their usual sagacity pointed out to them the advantages arising from

taking the cognomens of the most powerful families in the kingdom, whose

influence would afford them ample protection, as adopted members of

their respective clans. In support of my opinion of the origin of the

surnames of the Gipsies of the present day, we find that the most

prevailing names among them are those of the most influential of our

noble families of Scotland; such as Stewart, Gordon, Douglas, Graham,

Ruthven, Hamilton, Drummond, Kennedy, Cunningham, Montgomery, Kerr,

Campbell, Maxwell, Johnstone, Ogilvie, McDonald, Robertson, Grant,

Baillie, Shaw, Burnet, Brown, Keith, &c.[81] If, even at the present

day, you enquire at the Gipsies respecting their descent, the greater

part of them will tell you that they are sprung from a bastard son of

this or that noble family, or other person of rank and influence, of

their own surname.[82] This pretended connexion with families of high

rank and power has saved some of the tribe from the gallows even in our

own time. The names, however, of the two principal families, Faw, (now

Faa,) and Bailyow, (now Baillie,) appear not to have been changed since

the date of the order in council or league with James V, in the year

1540, as both of these names are inserted in that document.

[80] The reader will see that the Gipsies, at this time, were not

greater "vagabonds" than great numbers of native Scotch, if as great.

But, being strangers in the country, sojourners according to their own

account, the king would naturally enough banish them, as they seem

always to have been saying that they were about leaving for "their own

country." Their living in tents, a mode of life so different from that

of the natives, would, of itself, make them obnoxious to the king

personally.--ED.

[81] The English Gipsies say that native names were assumed by their

race in consequence of the proscription to which it was subjected.

German Gipsies, on arrival in America, change, at least modify, their

names. There are many of them who go under the names of Smith, Miller,

and Waggoner. Jews frequently bear names common to the natives of the

countries in which they are to be found, and sometimes, at the present

day, assume Christian ones. I knew two German Jews, of the name of

Cohen, who settled in Scotland. One of them, who was a priest,

retained the original name; but the other, who was a watchmaker,

assumed the name of Cowan, which, singularly enough, the priest said,

was a corruption of Cohen.--ED.

[82] It is stated by Paget, in his Travels in Hungary, that the

Gipsies in that country have a profound regard for aristocracy; and

that they invariably follow that class in the matter of religious

opinions. Grellmann says as much in regard to the Gipsy's desire of

getting hold of a distinguished old coat to put on his person.--ED.

Baron Hume, on the criminal law of Scotland, gives the following

account of some of the trials and executions of the Gipsies:

"The statute (1609) annuls at the same time all protection and warrants

purchased by the Egyptians from his majesty's privy council, for their

remaining within the realm; as also all privileges purchased by any

person to reset, entertain, or do them any favour. It appears, indeed,

from a paper in the appendix to McLaurin's Cases, that even the king's

servants and great officers had not kept their hands entirely pure of

this sort of treaty with the Egyptian chiefs, from whom some supply of

money might in this way be occasionally obtained.

"The first Gipsies that were brought to trial on the statute, were four

persons of the name of Faa, who, on the 31st July, 1611, were sentenced

to be hanged. They had pleaded upon a special license from the privy

council, to abide within the country; but this appearing to be clogged

with a condition of finding surety for their appearance when called on,

and their surety being actually at the horn, for failure to present

themselves, they were held to have infringed the terms of their

protection.

"The next trial was on the 19th and 24th July, 1616, in the case of

other two Faas and a Baillie, (which seem to have been noted names among

the Gipsies;) and here was started that plea which has since been

repeated in almost every case, but has always been overruled, viz: that

the act and proclamation were temporary ordinances, and applicable only

to such Egyptians as were in the country at their date. These pannels,

upon conviction, were ordered by the privy council to find caution to

the extent of 1,000 merks, to leave Scotland and never to return; and

having failed to comply with this injunction, they were in consequence

condemned to die.

"In January, 1624, follows a still more severe example; no fewer than

eight men, among whom Captain John Faa and other five of the name of

Faa, being convicted, were doomed to death on the statute. Some days

after, there were brought to trial Helen Faa, relict of Captain Faa,

Lucretia Faa, and other women to the number of eleven; all of whom were

in like manner convicted, and condemned to be drowned! But, in the end,

their doom was commuted for banishment, (under pain of death,) to them

and all their race. The sentence was, however, executed on the male

convicts; and it appears that the terror of their fate had been of

material service; as, for the space of more than 50 years from that

time, there is no trial of an Egyptian."

But notwithstanding this statement of Baron Hume, of the Gipsy trials

having ceased for half a century, we find, twelve years after 1624, the

date of the above trials, the following order of the privy council:

"Anent some Egyptians. At Edinburgh, 10th November, 1636. Forasmuch as

Sir Arthur Douglas of Quhittinghame having lately taken and apprehended

some of the vagabond and counterfeit thieves and _limmers_,

(scoundrels,) called the Egyptians, he presented and delivered them to

the sheriff principal of the sheriffdom of Edinburgh, within the

constabulary of Haddington, where they have remained this month or

thereby: and whereas the keeping of them longer, within the said

tolbooth, is troublesome and burdensome to the town of Haddington, and

fosters the said thieves in an opinion of impunity, to the encouraging

of the rest of that infamous _byke_ (hive) of lawless _limmers_

(scoundrels) to continue in their thievish trade: Therefore the lords of

secret council ordain the sheriff of Haddington, or his deputies, to

pronounce doom and sentence of death against so many of these

counterfeit thieves as are men, and against so many of the women as want

children; ordaining the men to be hanged, and the women to be drowned;

and that such of the women as have children, to be scourged through the

burgh of Haddington, and burned in the cheek; and ordain and command the

provost and baillies of Haddington to cause this doom be executed upon

the said persons accordingly."[83]

[83] Blackwood's Magazine.

"Towards the end of that century," continues Baron Hume, "the nuisance

seems to have again become troublesome. On the 13th of December, 1698,

John Baillie and six men more of the same name, along with the wife of

one of them, were indicted as Egyptians, and also for sundry special

misdeeds; and being convicted, (all but the woman,) they were ordered

for execution. But in this case it is to be remarked, that the court had

so far departed from the rigour of the statute as not to sustain a

relevancy on the habit and repute of being an Egyptian of itself, but

only 'along with one or other of the facts of picking and little

thieving;' thus requiring some proof of actual guilt in aid of the fame.

In the next trial, which was that of William Baillie, June 26th, 1699, a

still further indulgence was introduced; for the interlocutor required a

proof, not of _one_ only, but of _several_, of the facts of 'picking or

little thieving, or of several acts of beating and striking with

invasive weapons.' He was only convicted as an Egyptian, and of _one_

act of striking with an invasive weapon, and he escaped in consequence

with his life.

"This lenient course of dealing with the Gipsies was not taken, however,

from any opinion of it as a necessary thing, nor was there any purpose

of prescribing it as a rule for other times, or for further cases of the

kind where such an indulgence might seem improper, as appears from the

interlocutor of relevancy in the case of John Kerr, and Helen Yorkston,

and William Baillie and other seven; in both of which the simple fame

and character of being an Egyptian is again found _separatum_ relevant

to infer the pain of death, (10th and 11th August, 1714.) Kerr and

Yorkston had a verdict in their favour; Baillie and two of his

associates were condemned to die; but as far as concerns Baillie, (for

the others were executed,) his doom was afterwards mitigated into

transportation, under pain of death in case of return.

"As early as the month of August, 1715, the same man, (as I understand

it,) was again indicted, not only for being found in Britain, but for

continuing his former practices and course of life. Notwithstanding this

aggravation, the interlocutor is again framed on the indulgent plan, and

only infers the pain of death, from the fame and character of being

an Egyptian, joined with various acts of violence and sorning, to

the number of three, that are stated in the libel. Though convicted

nearly to the extent of the interlocutor, he again escaped with

transportation.[84]

[84] This, and part of the preceding paragraph, will be quoted again,

under the chapter of Tweed-dale and Clydesdale Gipsies.

"Nor have I observed that the court, in any later case, have thought it

necessary to proceed upon the repute alone, unavouched by evidence of,

at least, one act of theft or violence; so that, upon the whole,

according to the practice of later times, this sort of charge seems to

be reduced nearly to the level of the charge of being habit and repute a

thief at common law."

It is noticed by Baron Hume that the Faas and the Baillies were noted

names among the Gipsies. Indeed, the trials referred to by him are all

of persons bearing these two surnames, except two individuals only. The

truth is, the Faas and the Baillies were the two principal families

among the Gipsies; giving, according to their customs, kings and queens

to their countrymen in Scotland. They would be more bold, daring, and

presumptuous in their conduct than the most part of their followers;

and, being leaders of the banditti, government, in all probability,

would fix upon them as the most proper objects for destruction, as the

best and easiest method of overawing and dispersing the whole tribe in

the country, by cutting off their chiefs. As I have already mentioned,

these two principal clans of Faw and Bailyow appear to be the only Gipsy

families in Scotland who have retained the original surnames of their

ancestors, at least of those whose names are inserted in the treaty with

James V, in 1540.

It will be seen, under the head Tweed-dale and Clydesdale Gipsies, that

tradition has represented William Baillie, who was tried in 1714 and

1715, as a bastard son of the ancient family of Lamington, (his mother

being a Gipsy). It appears to me that the Gipsy policy of joining

themselves to some family of rank was, in Baillie's case, of very

important service, not only to himself but to the whole tribe in

Scotland.[85] The extraordinary lenity shown to him by the court, after

such repeated aggravation, cannot be accounted for in any other way than

that great interest had been used in his behalf, in some quarter or

other; and that, by creating a merciful precedent in his case, it was

afterwards followed in the trial of all others of the race in Scotland.

[85] From the time of arrival of the Gipsies in the country, in 1506,

till 1611, the date of the first trials of the tribe, as given by

Baron Hume, a period of 105 years had elapsed; during which time there

had doubtless been five generations of Gipsies added to the

population, as Scottish subjects; to put whom to death, on the mere

ground of being Egyptians, was contrary to every principle of natural

justice. The cruelty exercised upon them was quite in keeping with

that of reducing to slavery the individuals, and their descendants,

who constituted the colliers, coal-bearers, and salters referred to in

the following interesting note, to be found in "My Schools and

Schoolmasters," of Hugh Miller.

"The act for manumitting our Scotch colliers was passed in the year

1775, forty-nine years prior to the date of my acquaintance with the

class of Niddry. But though it was only such colliers of the village

as were in their fiftieth year when I knew them, (with, of course, all

the older ones,) who had been born slaves, even its men of thirty had

actually, though not nominally, come into the world in a state of

bondage, in consequence of certain penalties attached to the

emancipation act, of which the poor ignorant workers under ground were

both too improvident and too little ingenious to keep clear. They were

set free, however, by a second act passed in 1799. The language of

both these acts, regarded as British ones of the latter half of the

last century, and as bearing reference to British subjects living

within the limits of the island, strikes with startling effect.

'Whereas,' says the preamble of the older act--that of 1775--'by the

statute law of Scotland, as explained by the judges of the courts of

law there, many colliers, and coal-bearers, and salters, are in a

state of _slavery or bondage_, bound to the collieries or salt works,

where they work _for life, transferable with the collieries or salt

works_; and whereas, the emancipation,' &c., &c. A passage in the

preamble of the act of 1799 is scarcely less striking: it declares

that, notwithstanding the former act, 'many colliers and coal-bearers

_still continue in a state of bondage_' in Scotland. The history of

our Scotch colliers would be found a curious and instructive one.

Their slavery seems not to have been derived from the ancient time of

general serfship, but to have originated in comparatively modern acts

of the Scottish Parliament, and in decisions of the Court of

Session--in acts of Parliament in which the poor ignorant subterranean

men of the country were, of course, wholly unrepresented, and in

decisions of a court in which no agent of theirs ever made appearance

in their behalf."

What is here said of a history of Scotch colliers being "curious and

instructive," is applicable in an infinitely greater degree to that of

the Gipsies.--ED.

A History of the Gipsies: with Specimens of the Gipsy Language · 第 3 / 17 章