TAP Field Report No. 5 A survey of Shetland's gallow hills Joris ...

TAP Field Report No. 5There is a remarkable correspondencebetween the distribution of the gallows andthe parish division listed above. Apart fromthe smallest parish of Burra and Gulberwick(also including Quarff), each of the parisheshas at least one alleged gallows site (Fig. 42).Interestingly, there is only one site namedGallow Hill in each of them, except for Yell,which has none, and Tingwall, which has two.The Gallow Hills of Scalloway and Tingwallwere probably not used at the same time; theformer was probably taken into use after thelawthing was moved from Tingwall to Scallowayin the late 16th century and can hencebe considered as the successor of Tingwall’sGallow Hill (Smith 2006). It is also strikingthat most of the sites lie in the interior of theparishes. This is most obvious for the sites insouth and west Mainland and the more dubioussites in Northmavine and Yell. The GallowHills of Unst and Fetlar are the only exceptions,since they are both located at the westcoastof the islands, facing the neighbouringislands (and parishes). This also applies to thealleged Gallow Hill of Whalsay, but as we haveseen this island did not constitute a separateparish. Indeed, it is surprising, that there isno Gallow Hill in the parishes of Nesting andLunnasting, but one on Whalsay instead.The Gallow Hill of Brae is a bit harder tojudge: it is located very centrally, but alsooverlooks the border of Northmavine.Apart from Scalloway, there is no obviousrelation between the gallows sites and thevenues of the local courts held in the early17th century (Donaldson 1958: 133-136)(Fig. 43). Some of the gallows sites are relativelyclose to a court site, as in Unst (2.3km)and Delting (2.9km), but most of them arenot. This is hardly surprising, since the localcourts probably did not have the power to in-lict capital punishment. Although the districtcourts were presided over by the same judgeas the main court in Scalloway, there seem tohave been different levels of judicial power, asin most of Europe at this time. Capital crimeswere only brought before the Lawthing orhead court in Scalloway. The Court Books of Shetland only document one case, in whichthe convict was sentenced to death by a districtcourt. This concerns the case againstChristopher Johnston from Scatstay, whowas convicted of repeated theft by the courtof Delting at Wethersta in 1602 (Donaldson1954: 18 f.). As far as I know, this is also theearliest known death sentence in Shetland. Instandard wording, Johnston was sentenced‘to be taine to the gallow hill and thair to behangeit be the crage quhill he die, in exempill Figure 43 Location of court sites mentionedin the courtbooks between 1600 and 1615 withthe location of gallow hills and other possiblegallows sites. The parishes correspond to ig.42.Court sites: 1 Neap; 2 Gardie; 3 Still; 4 Ueyasound;5 Islesburgh; 6 Aywick (Eawik); 7 Wethersta (Woddirsta); 8 Twatt; 9 Houss; 10 Sumburgh (Soundbrughe);11 Scalloway; 12 Graveland; 13 Burravoe;14 Brough; 15 Skeldvoe; 16 Sand; 17 Ustaness; 18Hillswick; 19 Urairth.28