"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]