In 1700 Scotland, a man was hanged not for murder or theft - but simply for existing as a Gypsy. Discover the untold story of James Macpherson, the fiddler who defied a genocidal law and became a folk legend immortalized by Robert Burns.
On November 16, 1700, James Macpherson climbed the scaffold at Banff mercat cross. Born to a Highland laird and a Romani woman, Macpherson faced the gallows under Scotland's infamous 1609 Act Regarding the Egyptians - a law that made being a Gypsy or Traveller a capital offense requiring no proof of any actual crime.
In this episode, we investigate the historical record: Was Macpherson truly a "Scottish Robin Hood" robbing the rich, or is that myth a later romanticization? What do trial transcripts, parliamentary acts, and parish registers actually reveal about his life and death? And how did a man sentenced for his identity become a symbol of resistance against legal tyranny?
We separate legend from fact, examine the role of heritable jurisdiction in early 1700s Scotland, and explore why Macpherson's story still matters today - especially to Gypsy/Traveller communities that continue to face systemic marginalization.
Key Topics Covered:
- The 1609 Act Regarding the Egyptians: how Scotland criminalized an entire people
- James Macpherson's life: from Highland privilege to outlaw leader
- The capture at St. Rufus Fair (September 1700) and trial before Sheriff Nicholas Dunbar
- Fact vs. legend: the clock, the reprieve, the fiddle, and Robert Burns's 1788 poem
- The heritable jurisdiction system and why it was abolished in 1747
- Modern connections: ongoing persecution of Travellers in Scotland
This is a history podcast that investigates the past like a detective story - where the evidence reveals that justice and law are not always the same thing.
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