A SHETLAND TRIAL OF 1612

The trial  took place in Scalloway  Shetland Isles in the year 1612, The following is a concise account  of the trial as given by Mr. J.R.Tudor.

 

"On Earl Patrick's Imprisonment, Bishop Law for a short time held sway in the Islands of  Orkney and Shetland , mot only in his Episcopal capacity, but also as holding the King's commission as Sheriff. He held his first court at Scalloway on the 21st Day of August 1612.

 

At this Court Johne Faw elder, callit merkhill Johne Faw, Johne Faw younger , calit littel Johne Faw, Katherine Faw, spouse to umquhill Murdo Brown, Agnes Faw, Sister to the said littel Johne were indicted for the murder of Murdo Brown and Littel Johne for incest with his wife's sister and her daughter, and for adultery  with Katherine Faw and all for theft, Sourcery, and fotune telling, and that they can help or hinder in the proffeit of the milk bestiasle',

 

Katherine who pleaded guilty to  having slain her husband with " A  land briag knyff", was sentenced to be tane to the bulwark and cassen over the same in the sey to be drownit  to death and dome given thairupone, and decerns the remanent persones to be quyt he crymes abonewritten'.

 

Walter Ritchie who seems to have appeared as counsel for the accused, Pleasded that it was not usual to take cognisance of murder amongst the "Egyptians".

It appears that this plea was not admitted , and the the doomed woman was duly "drowned to the death"; but it is evident that Bishop Law, in thus sitting in judgement upon a Gypsy who had killed another Gypsy, was breaking in upon the established usage prior to 1612.

 

Turning for a moment from Scotland to England one seems to find similar evidence there. " A man by Gypsy Law, brother", says one of  Borrow's female Gypsies, " is allowed to kick and beat his wife, and to bury he alive, if he thinks proper, Assuming this statement is correct an English Gypsy could Kill hiss wife if he liked without suffering for the crime, Had it been the practice of the English authorities  to execute one Gypsy for the murder of of another, this custom would speedily have died out.

 

Tha English Gypsies formerly exercised the right of life or death over their wives seems also to be indicated by Shakespeare, when he makes the Duke in Twelfth Night say :

 

" Why should I not, had I the heart to do it,

   Like to the Egyptian thief, at a point of death,

   Kill what I love; a savage jealousy,

   That sometimes savours nobly!.