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ful may now appear their claims to this sacred character, they had the address to pass themselves on some of the principal sovereigns of Europe, and, as German historians relate, even on the Pope himself, for real pilgrims; and obtained, under the seals of these potentates, various privileges and passports, empowering them to travel through all christian countries under their patronage, for the space of seven years. Having once gained this footing, however, the Egyptian pilgrims were at no great loss in finding pretences for prolonging their stay; and though it was soon discovered that their manners and conduct corresponded but little to the sanctity of their first pretensions, yet so strong was the delusion respecting them, and so dexterous were they in the arts of imposition, that they seem to have been either legally protected or silently endured by most of the European governments for the greater part of a century.*

When their true character became at length fully understood, and they were found to be in reality a race of profligate and thievish impostors, who from their numbers and audacity had now become a grievous and intolerable nuisance to the various countries that they had inundated,- -severe measures were adopted by different states to expel them from their territories. Decrees of expulsion were issued against them by Spain in 1492, by the German empire in 1500, and by France in 1561 and 1612. Whether it was owing, however, to the inefficient systems of police at that time in use, or, that the common people among whom they were mingled favoured their evasion of the public edicts, it is certain, that notwithstand ing many long and bloody persecutions, no country that had once admitted" these unknown and uninvited guests," has ever again been able to get rid of them. When rigorously prosecuted by any government on account of their crimes and depredations, they generally withdrew for a time to the remote parts of the country, or crossed the frontiers to a neighbouring jurisdiction-only to return to their accustomed haunts and habits as soon as the storm passed over. Though their numbers may perhaps have since

* Grellmann.

been somewhat diminished in particular states by the progress of civilization, it seems to be generally allowed that their distinctive character and modes of life have nowhere undergone any material alteration. In Germany, Hungary, Poland,-in Italy, Spain, France, and England, this singular people, by whatever appellation they may be distinguished,-Cingari, Zigeuners, Tziganys, Bohemiens, Gitanos, or Gypsies, still remain uncombined with the various nations among whom they are dispersed,-and still continue the same dark, deceitful, and disorderly race as when their wandering hordes first emigrated from Egypt or from India. They are still every where characterized by the same strolling and pilfering propensities,-the same peculiarity of aspect,-and the same pretensions to fortune-telling and 'warlockry."

The estimate of their present numbers, by the best informed continental writers on the subject, is almost incredible." Independently," says Grellmann, "of the multitudes of gypsies in Egypt and some parts of Asia, could we obtain an exact estimate of them in the countries of Europe, the immense number would probably greatly exceed what we have any idea of. At a moderate calculation, and without being extravagant, they might be reckoned at between seven and eight hundred thousand."

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The gypsies do not appear to have found their way to this Island till about 100 years after they were first known in Europe. Henry VIII. and his immediate successors, by several severe enactments, and by re-exporting numbers of them at the public expense, endeavoured to expel from their dominions "this outlandish ple calling themselves Egupeians, but apparently with little better success than their brother sovereigns in other countries; for in the reign of Elizabeth the number of them in England is stated to have exceeded 10,000, and they afterwards became still more numerous. If they made any pretension to the character of pilgrims, on their arrival among our southern neighbours, it is evident at least that neither Henry nor

Grellmann.-See also Hume on Crim. Law of Scotland, vol. ii. p. 344.-Mackenzie's Obs. on Stat. p, 333.

Elizabeth were deceived by their impostures. Both these monarchs, indeed, (particularly the former), were too much accustomed to use religion, as well as law, for a cloak to cover their own violent and criminal conduct, to be easily imposed upon by the like artifices in others. We find them accordingly using very little ceremony with the Egyptian pilgrims,' who, in several of their statutes, are described by such designations as the following: Sturdy roags,' rascalls, vacabonds,' masterless men, ydle, vagraunte, loyteringe, lewde, and ylldisposed persons, going aboute usinge subtiltie and unlawful games or plaie,' - such as faynt themselves to have knowledge in physiognomye, palmestrie, or other abused sciences-tellers of destinies, deaths, or fortunes, and such lyke fantasticall imaginatiouns.'In king Edward's journal we find them mentioned along with other 'masterless men.' The following association of persons seems curious:* June 22, 1549. There was a privy search made through Suffolk for all vagabonds, gipsies, conspirators, prophesiers, all players, and such like.

A more distinct account of the English gypsies, on their first arrival, is to be found in a work quoted by Mr Hoyland, which was published in the year 1612, to detect and expose the art of juggling and legerdemain. "This kind of people," says the author, "about a hundred years ago, beganne to gather on head, at the first heere, about the southerne parts. And this, as I am informed, and can gather, was their beginning: Certain Egyptians banished their country, (belike not for their good conditions,) arrived heere in England, who for quaint tricks and devices not known heere at that time among us, were esteemed and had in great admiration; insomuch, that many of our English loyterers joined with them, and in time learned their crafty cozening." "The speach which they used was the right Egyptian speach, with whom our Englishmen conversing, at last learned their language. These people, continuing about the country, and practising their cozening art, purchased themselves great credit among the country people, and got much by pal

* Appendix to Burnet's Hist. of Reformation, vol. ii.

mistry and telling of fortunes; insomuch, they pitifully cozened poor country girls both of money, silver, spoons, and the best of their apparele, or any goods they could make." "They had a leader of the name of Giles Hather, who was termed their king; and a woman of the name of Calot was called queen. These riding through the country on horseback, and in strange attire, had a prettie traine after them." After mentioning some of the laws passed against them, this writer adds:-" But what numbers were executed on these statutes would wonder; yet, notwithstanding, all would not prevail, but they wandered as before uppe and downe, and meeting once in a yeare at a place appointed; sometimes at the Peake's Hole in Derbyshire, and other whiles by Retbroak at Blackheath."*

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It is probable that the gypsies entered Scotland about the same period in which they are stated by these accounts to have first pitched their tents in the sister kingdom. The earliest notice of them, however, that we have been able to discover in our national records, is contained in the celebrated writ of Privy Seal, passed in the 28th year of James V. (1540), in favour of "Johnne Faw, Lord and Erle of Litill Egipt." A complete copy of this document, which has been carefully collated with the original record in the Register House, will be found in another department of our Magazine. This writ was renewed by the Earl of Arran as Regent of Scotland in 1553, nearly in the same words. † It appears from these very curious edicts, that John Faw, under the character of

Lord and Erle of Litill Egipt,' had formerly obtained letters under the Great Seal, enjoining all magistrates, &c. to support his authority" in executioun of justice vpon his cumpany and folkis, conforme to the laws of Egipt, and in punissing of all thaim that rebellis aganis him." He complains that certain of his followers had, nevertheless, revolted from his jurisdiction, robbed and left him, and were supported in their contumacious rebellion by some of the king's lieges;

"Sua that he (the said Johnne, thair lord and maister) on na wyse can apprehend nor get thame, to have thame

Hoyland's Historical Survey. + Registrum Secreti Sigilli, vol. xxv. fol. 62.

66

hame agane within thair awin cuntre," "howbeit he has biddin and remanit of lang tyme vpon thame, and is bundin and oblist to bring hame with him all thame of his company that ar on live, and ane testimoniale of thame that ar deid;"-the non-fulfilment of which obligation, he pretends, will subject him to. hevy dampnage and skaith, and grete perell of tynsell (loss) of his heretage."-The names of these rebellious Egyptians are exactly the same in both edicts, and having been given in to the Scottish government by the chieftain himself, may be supposed to be correctly reported. We shall be glad if any of our learned readers can help us to trace their etymology.

It affords a striking evidence of the address of these audacious vagrants, and of the ignorance of the times, to find two of our sovereigns imposed upon by this gypsey chieftain's story, about his band' and 'heretage.' This was at least 120 years after the first arrival of these hordes in Europe. -We hear no more of the return of Earl John and his company to thair awin cuntre.'

In the following year (1554), " Andro Faw, capitane of the Egiptianis," and twelve of his gang, specified by name, obtained a remission for "the slauchter of Niniane Smaill, comittit within the toune of Lyntoune, in the moneth of March last bypast, vpoun suddantie." "'*

The gypsies appear to have kept their quarters in the country without further molestation for the next twenty-five years; and their enormities, as well as their numbers, it would seem, had greatly increased during the long political and religious struggles that Occupied the greater part of Mary's disastrous reign. At length, in 1579, the government found it necessary to adopt the most rigorous methods to repress the innumerable swarm of strolling vagabonds of every description, who had overspread the kingdom. A new statute was enacted by parliament, "For pwnishment of the strang and ydle beggaris, and relief of the puir and impotent." In the comprehensive provisions of this act, we find bards, minstrels, and vagabond scholars, (lachrymabile dictu!) conjoined in ignominious fellowship with the Egyptian

Regist. Secreti Sigilli, vol. xxvii. fol. 3 36.

jugglers. The following passages, prescribing the mode of punishment, and specifying some of the various sorts of vagrants against whom it is denounced, are particularly curious:-" That sie as makis thame selffis fuilis, and ar bairdts, or vtheris siclike rynárris about, being apprehendit, salbe put in the kingis waird and yrnis, sa lang as they haue ony guidis of thair awin to leif on; and fra they haue not quhairupoun to leif of their awin, that thair earis be nailit to the trone, or to ane vther trie, and thair earis cuttit of, and banist the cuntrie; and gif thairefter that they be found agane that they be hangit." -"And that it may be knawin quhat maner of personis ar meanit to be strang and idle beggaris, and vagaboundis, and worthie of the pwnishment before specifiit, it is declairit, that all ydle personis ganging about in ony cuntrie of this realme, vsing subtill, crafty, and vnlauchfull playis, as juglarie, fast and lowis, and sic vthers; the idle people calling thame selffis Egyptianis, or ony vtheris that fenzies thame selffis to have knowledge of prophecie, charmeing, or vtheris abusit sciences, quhairby they persuaid the people that they can tell their weardis deathis, and fortunes, and sic vther fantasticall imaginationes ;"-" and all menstrallis, sangstaris, and tailtellaris, not avouit in speciall service be sum of the lordis of parliament, or greit barronis, or be the heid burrowis and cities, for thair commoun menstrallis;" -"all vagabund scholaris of the vniuersities of Sanctandrois, Glasgw, and Abirdene, not licencit be the rector and deane of facultie to ask almous," &c. &c. *

This statute was repeatedly renewed, and strengthened with additional clauses, during the twenty-five years ensuing," anent the counterfaict Egyptianis;"t-all which, however, proved so utterly ineffectual in restraining the crimes and depredations of these banditti, that in 1603, the Lords of Privy Council judged it expedient to issue a decree and proclamation, banishing the whole race out of Scotland for ever, under the severest penalties. This edict is not extant, (that part of the record which contained it being lost), but it was ratified and enforced in 1609,

* Acta Parl. vol. iii. P. 139. +. Acta Parl, vol. iii. p. 576. vol. iv. pr. 140, 232.

by an act of parliament to the same effect-"Commanding the vagaboundis, sorneris, and commoun thieffis, commounlie callit Egyptianis, to pas. furth of this realme, and nevir to returne within the samyn, vnder the paine of death," and declaring it lawful to all his Majesty's subjects, to apprehend and execute any of them that might be found in the country after a certain day, 66 as notorious and condemned thieffis-by ane assyse only to be tried that they are callit, knawin, repute, and haldin Egiptianis.'

It appears, that not only the lower classes, but also many persons of note, either out of compassion, or from less reputable motives, still continued, after the promulgation of this law, and in spite of repeated reprehensions from the Privy Council, to afford shelter and protection to the proscribed Egyptians. In February 1615, we find a remission under the Privy Seal, granted to William Auchterlony of Cayrnie, for resetting of John Faw and his followers. On the 4th July 1616, the Sheriff of Forfar is severely reprimanded for delaying to execute some gypsies who had been taken within his jurisdiction, and for troubling the Council with petitions in their behalf. In November following, appears a "proclamatioun aganis Egyptianis and their ressettaris;§--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

Acta Parl. vol. iv.

440. p.

very severe penalties.* The nature of these acts will be better understood from the following extract from that of 4th July 1616, which also explains the way in which the gypsies very well contrived to maintain their footing in the country, in defiance of all the efforts of the legislature to extirpate them.--"It is of treuthe, that the theivis and lymmaris foirsaidis, haueing for some shorte space after the said act of parliament (1609),...................................dispersit thame selffis in certane darne and obscure places of the cuntrey,............. thay wer not knawne to wander abroad in troupis and companies, according to thair accustomed maner; yitt shortlie thairefter, finding that the said act of parliament wes neglectit, and that no inquirie nor.......

.wes maid for

...........com

thame, thay begane to tak new breth and courage, and vnite thame selffis in infamous companies and societies vnder... manderis, and continuallie sensyne hes remanit within the cuntrie, committing alsweill oppin and avowed reiffis in all partis murtheris, as pleine stouthe and pykarie, quair thay may not be maisterit; and thay do shamefullie and meschantlie abuse the simple and ignorant people, by telling of fortunes, and vsing of charmes, and a nomber of jugling trikis and falsettis, vnworthie to be hard of in a cuntrey subject to religioun, law, and justice; and thay ar encourageit to remane within the cuntrey, and to continew in thair thevish and jugling trickes and falsettis, not onlie throw default of the executioun of the said act of parliament, bot whilk is worse, that gritt nomberis of his Majestie's subjects, of whom some outewardlie pretendis to be famous and vnspotted gentilmen, hes gevin and gevis oppen and avowed protectioun, resett, supplie, and mantenance vpon thair

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 Balmadie, et infra eius habitationis domum, aliaq. edi-ground and landis, to the saidis vagaficia eiusdem, Joannis Fall, Ethiopis, lie Egiptian, eiusq. vxoris, 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 Scotia in contrarium facta."-Regist. Secreti Sigilli, vol. lxxxiii,

fol. 291.

Regist. Secreti Concilii, Jul. 4. 1616.
Ibid. Nov. 9. 1616.

Ibid. Dec. 21. 1619.

Ibid. Apr. 19. 1620.

boundis, sorenaris, and condampned thevis and lymmaris, and sufferis thame to remane dayis, oulkis, and monethis togidder thairvpoun, without controlement and with connivence and oversicht," &c.—" So thay do leave a foull, infamous, and ignominious spott teritie, that thay ar patronis to thievis vpoun thame, thair houses, and posand lymmaris," &c. &c.

There is still, however, sufficient evi

*Ibid. Jul. 6. 1620.

dence on record, of the summary rootand-branch justice that was frequently executed upon this unhappy race, in terms of the above statute. The following may serve for specimens:In July 1611, four Faas were sentenc ed to be hanged-as Egyptians. They pleaded a special licence from the Privy Council, to abide within the country; -but they were held (from failure of their surety,) to have infringed the terms of their protection, and were executed accordingly.-In July 1616, two Faas and a Baillie were capitally convicted on the same principle.-In January 1624, Captain John Faa and seven of his gang (five of whom were Faas,) were doomed to death on the statute and hanged.-A few days after, Helen Faa, relict of the captain, Lucretia Faa, and other women, to the number of eleven, were in like manner convicted, and condemned to be drowned.*-A similar case occurs in 1636.† This we have inserted at length in another department of our present Number, as a fair specimen of these sanguinary proceedings. In later times, the statute began to be interpreted with a more merciful spirit towards these wretched outcasts, and they were hanged only when convicted (as happened, however, pretty frequently,) of theft, murder, and other violent offences against public order.

Instead of carrying forward, in this manner, our own desultory sketch, we shall place at once before our readers, the accurate and striking account given of the Scottish gypsies, by a celebrated anonymous author of the present day, and by the distinguished person whose authority he has quoted. Considering how very unnecessary, and how difficult it would be to convey the same information in other words-and allowing due attention to the conveniency of those who may not have the book at hand to refer to we do not. apprehend that any apology is necessary for availing ourselves of the following passage from the well-known pages of Guy Mannering.

"It is well known," says the author, "that the gypsies were, at an early period, acknowledged as a separate and independent race by one of the Scottish monarchs; and that they were less favourably distinguished by a subse

* Hume on Crim. Law, vol. ii. p. 339. + Regist. Secreti Concilii, Nov. 10. 1636.

quent law which rendered the character of gypsey equal, in the judicial balance, to that of common and habitual thief, and prescribed his punishment accordingly. Notwithstanding the severity of this and other statutes, the fraternity prospered amid the distresses of the country, and received large accessions from among those whom famine, oppression, or the sword of war, had deprived of the ordinary means of subsistence. They lost, in a great measure, by this intermixture, the national character of Egyptians, and became a mingled race, having all the idleness and predatory habits of their eastern ancestors, with a ferocity which they probably borrowed from the men of the north who joined their society. They travelled in different bands, and had rules among themselves, by which each tribe was confined to its own district. The slightest invasion of the precincts which had been assigned to another tribe, produced desperate skirmishes, in which there was often much bloodshed.

"The patriotic Fletcher of Saltoun drew a picture of these banditti about a century ago, which my readers will peruse with astonishment.

There are, at this day, in Scotland (besides a great many poor families, very meanly provided for by the church boxes, with others who, by living upon bad food, fall into various diseases) two hundred thousand people begging from door to door. These are not only no way advantageous, but a very grievous burden to so poor a country. And though the number of them be perhaps double to what it was formerly, by reason of this present great distress, yet in all times there have been about one hundred thousand of these vagabonds, who have lived without any regard or subjection either to the laws of the land, or even those of God and nature; No magistrate could ever discover, or be informed, which way one in a hundred of these wretches died, or that ever they were baptized. Many murders have been discovered among them; and they are not only a most unspeakable oppression to poor tenants (who, if they give not bread, or some kind of provision, to perhaps forty such villains in one day, are sure to be insulted by them), but they rob many poor people who live in houses distant from any neighbour

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