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Introduction
The term gallows refers to a structure used for
execution by hanging and is often used as a synonym
for gibbet, although the latter generally signifies
a gallows-type structure from which bodies
were hanged on public display after the execution.
While gallows could be temporary structures that
were erected at the scene of crime or at frequented
places such as town squares, many judicial districts
had dedicated places of execution that served both
as hanging and gibbeting sites in the medieval and
early modern period.
Throughout medieval and early modern Europe,
gibbets and gallows defined and reinforced the
boundaries of judicial authority and moral behavior
and thereby contributed to the shaping of collective
identities (Coolen 2013). The rituals associated
with public executions and the subsequent display
of the malefactor’s body have been described as
rites de passage, which purified society of criminal
elements and confirmed social and religious values
(Evans 1996:99–108). Even centuries after being
abolished, the tentative places of execution often
remain embedded in the collective understanding of
the landscape.
Throughout Shetland there are a remarkable
number of place-names which suggest the former
presence of gallows (Fig. 1). One of the most striking
sites is located near the main assembly area at
the Law Ting Holm in Tingwall and would have been
clearly visible to the attendants of the assemblies
held there (Coolen and Mehler 2014:5f.). The close
spatial and functional connection of the ancient
court site and Gallow Hill has long been recognized
(Turnbull 1845:60). However, the historical and
administrative contexts of the other alleged gallows
sites are more obscure. It has been suggested that
the gallows sites are part of Shetland’s Norse heritage
(Smith 2006), but this general statement will be
challenged in this paper.
Historical or archaeological evidence for the
alleged places of execution in Shetland is sparse.
Nevertheless, we can try to get a better understanding
of these places by looking at their topography
and the spatial relationship with known judicial sites
and boundaries.
In this paper, I present the evidence of the known
or alleged places of execution in Shetland and investigate
their topographical setting, especially
with respect to presumed assembly sites and parish
boundaries. The main research questions I address
are: What is the evidence for places of execution in
Shetland? How can these sites possibly be dated? and
What is the relationship between the tentative places
of execution and (post-) medieval court sites and
districts? The paper includes the results of a survey
carried out in connection with the fieldwork of The
Assembly Project in Shetland in 2011 (Coolen 2012).
Shetland’s Alleged Gallows Sites
In 2006, Brian Smith delivered a paper on Shetland’s
gallows sites. While this paper still awaits
formal publication, the original text has been published
on a weblog (Smith 2006). In that paper,
Smith dealt with the evidence of former places of
execution from place-names and local traditions
and tried to interpret these sites within a historical
and landscape context. He originally counted 13
sites and later added a fourteenth site on the isle of
Whalsay.1 However, he now considers some of these
sites problematic (B. Smith, Shetland Museum and
Archives, Lerwick, UK, 30 May 2011 pers. comm.).
Nonetheless, all sites are included in the present
paper, even though the dubious character of some of
the sites is acknowledged (Table 1).2
Smith (2006) noted several common features of
Shetland’s gallows sites: they are all highly visible
sites, often with steep access; most are marked by
prehistoric structures (primarily cairns); some of
Gallows, Cairns, and Things: A Study of Tentative Gallows Sites in Shetland
Joris Coolen*
Abstract - In this paper, I summarize the evidence of former gallows sites in Shetland from place-names, oral traditions,
historical records, and archaeological remains. I make an attempt to date the alleged places of execution by comparison of
their spatial distribution with known or presumed historical assembly or court sites and districts. I argue that the Gallow
Hills are associated with the post-medieval judicial organization of Shetland rather than the Norse division and may therefore
be later in date than has been suggested before. Furthermore, I show that some of the oral traditions associated with
the gallows sites reflect notions of liminality and hidden world s that have parallels in other parts of northwestern Europe.
Debating the Thing in the North: The Assembly Project II
Journal of the North Atlantic
*Institute of Prehistoric and Historical Archaeology, University of Vienna, Franz-Klein-Gasse 1, 1190 Vienna, Austria; joris.
coolen@univie.ac.at.
2016 Special Volume 8:93–114
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the sites lie close to important medieval settlements;
and finally, some are associated with place-names
that refer to old judicial districts, namely “ting” and
“herra”. Based on these observations, Smith argued
that the gallows sites “had their origin early in the
period when Shetland was a Scandinavian country”.
With one possible exception (which shall be
discussed later), there are no known visible remains
of gibbets or gallows in Shetland. In some cases,
however, the morbid history of the site is recalled in
oral traditions. While the local folk tales are highly
informative about the perception of places, it must
be taken into account that they also have their own
cultural biography and may well have developed
later or may have significantly changed over time.
In short, the evidence for the alleged places of
execution in Shetland is scarce and needs to be critically
assessed for each site individually. By comparing
the nature of the sites and their position in the
wider landscape within Shetland as well as in other
regions, we might find similarities that could give
us some more information about the history of these
intriguing places. Geographical information systems
(GIS) provide valuable tools to analyze the topography
of the sites and their relationship with both the
physical environment and the historic landscape.
Historical Evidence
The earliest reference to a gallows in Shetland
dates from 1574. Five men, who had been sentenced
to death for ransacking a shipwreck, were pardoned
after they had been kept standing at the foot of the
gallows with the noose attached for 2 hours (Balfour
1859:11). The trial was
held at Scalloway Banks—the
later site of the castle—and
presided over by Lord Robert
Stewart. The latter had acquired
the earldom and sheriffship
of Shetland and Orkney
after having received a feu
of the islands from his halfsister,
Queen Mary of Scotland
in 1564 (Anderson 1982,
1996:179). The case against
the ship-wreckers shows that
the lawthing, Shetland’s traditional
law court, had been
moved from its original site
in Tingwall to Scalloway soon
after Robert came into power.
It was later held in Scalloway
Castle, commissioned by
Robert’s son and successor,
Patrick Stewart.
From the reign of the
Stewarts onwards, the preserved
court books give a good
view of judicial practice in
Shetland (Table 2). The trial of
Christopher Jhonsoun in 1602
is the earliest recorded case
leading to an execution (Donaldson
1954:18f.). It is also the
only known case in which capital
punishment was imposed at
a local court meeting, namely
at Wethersta in Delting. It is
stated in the court book that
the convict shall be hanged at
the gallows hill, but it is not
clear whether this refers to
Figure 1. Location of place-names in Shetland, which refer to gallows. Sites: 1 Gallow
Hill, Huesbreck; 2 Golgo, Sandwick; 3 Knowe of Wilga, Cunningsburgh; 4 Gallow
Hill, Scalloway; 5 Gallow Hill, Tingwall; 6 Gallow Hill, Walls; 7 Gallow Hill, Brae;
8 Yamna Field (Gulga?), Gluss; 9 Watch Hill (Gallow Hill?), Eshaness; 10 Gallows
Knowe, Mid Yell; 11 Gallow Hill, Fetlar; 12 Gallow Hill, Unst; 13 Muckle Heog
(Hanger Heog), Unst; 14 Setter Hill (Gallow Hill?), Whalsay; and 15 Wilgi Geos,
North Roe.
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Table 2. Overview of historically recorded death penalties and o ther references to execution sites in Shetland.
Year Convict(s) Crime Sentence Place of execution References
1574 Gilbert McReich Looting Initially sentenced to Gallow Hill, Scalloway? Balfour 1859, 11
David Leslie death, later pardoned
James Leslie
Normand Leslie
1602 Christopher Jhonsoun Thievery Hanged Gallow Hill, Scalloway/ Donaldson 1954:18f.
Delting?
1615 Christopher Esplein Thievery Hanged Gallow Hill, Scalloway Barclay 1967:116,
Donaldson 1991:21
1615 Bothuel Erasmussone
Iver Manssone Thievery (?) Hanged Gallow Hill, Scalloway Barclay 1967:117
1616 Katherine Jones-dochter Witchcraft, Strangled and burnt Gallow Hill, Scalloway Donaldson 1991:43
Jonka Dyneis contact with (females), hanged (male)
Barbaray Scord the devil,
Robert Boundsone thievery
1618 William Sutherland Murder Beheaded Outside Scalloway castle Donaldson 1991:71
1618 John Thomson Bestiality Strangled and burnt Gallow Hill, Scalloway Donaldson 1991:72f.
1625 Robert Ingsetter Thievery Hanged Gallow Hill, Scalloway Donaldson 1991:124
1625 Marioun Thomas-dochter Thievery Thrown down the cliffs “Luckymenis Ness” Donaldson 1991:124
1628 Mans Christophersson Thievery Hanged Gallow Hill, Scalloway Donaldson 1991:146
1628 William Cogill Thievery Hanged Gallow Hill, Scalloway Donaldson 1991:154
1644 Marion Peebles
Margaret Guthram-daughter Witchcraft Strangled and burnt Gallow Hill, Scalloway Hibbert 1822:575, 593–602
ca. 1675 “Luggie” Witchcraft Burnt at the stake Scalloway Brand 1701:167,
Sinclair 1685:237f.
ca. 1680 Barbara Tulloch Witchcraft Burnt at the stake Gallow Hill, Scalloway? Sinclair 1685:231,
Ellen King (= Helen Stewart?) Smith 2006,
Turnbull 1845:60
1685 John Johnson Thievery Corporal punishment, Gallow Hill, Scalloway Smith 2006
banished
the Gallow Hill in Brae, only few kilometers north
of Wethersta, or the historically attested gallows site
in Scalloway. Later on, capital offenses were exclusively
dealt with at the court in Scalloway.
The only gallows site that is explicitly mentioned
in historical documents is the Gallow Hill in Scalloway,
sometimes specified as the hill above Berry
or Houll. According to the court books, several
executions took place here in the 17th century. The
convicts were either hanged or strangled and burnt
at the stake. Other places of execution that appear in
the court books are the garden of Scalloway castle
Table 1. Overview of the discussed sites and the various strains of evidence for gallows. The italicized names are not marked on Ordnance
Survey maps; the conventional names of these sites, or where th ey were mapped, are given in brackets.
Historical Local Visible Prehistoric
Place-name Township, parish, island Coordinates sources tradition remains monuments
Gallow Hill Huesbreck, Dunrossness, Mainland HU 3929 1443 - X - Cairn
Golgo Sandwick, Dunrossness, Mainland HU 4281 2348 - X - Standing
stone
(vanished);
prehistoric
burials?
Knowe of Wilga Cunningsburgh, Cunningsburgh, Mainland HU 4236 2664 - X - Cairn
Gallow Hill Scalloway, Tingwall, Mainland HU 3991 3963 X X - -
Gallow Hill Tingwall, Tingwall, Mainland HU 4105 4279 - - ? Cairns
Gallow Hill Walls, Walls, Mainland HU 2556 5104 - ? - Cairns
Gallow Hill Brae, Delting, Mainland HU 3774 6810 ? - - -
Gulga (Yamna Field?) Gluss, Northmavine, Mainland HU 3379 7660? - - - Cairn
Gallow Hill (Watch Hill?) Eshaness, Northmavine, Mainland HU 2590 7809? - - - Cairn
Gallows Knowe Halsagarth, Mid Yell, Yell HU 4878 9122? - X - -
Gallow Hill Fetlar HU 5919 9070 - X ? -
Gallow Hill Belmont, Unst HP 5752 0070 - - - Cairns
Hanger Heog (Muckle Heog) Baltasound, Unst HP 6315 1081 - ? - Cairns
Gallow Hill (Setter Hill?) Marrister, Whalsay HU 5480 6388? - - - -
Wilgi Geos North Roe, Northmavine, Mainland HU 3444 9163 - - - -
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(1618, beheading) and the cliffs at Luckymenis Ness
(1625, falling), but these seem to have a more ad hoc
character (Donaldson 1991:71, 124).
If the other Gallow Hills in Shetland were indeed
used as execution sites, the historical records provide
a terminus ante quem. The question therefore is: how
far back these execution sites could possibly date?
It is unlikely that the alleged execution sites
predate the Norse colonization at the turn of the 9th
century, as there is no evidence that anybody had the
authority required to inflict capital punishment and
lastingly designate places of execution throughout
Shetland before that time. The Viking settlers probably
established a system of local thing councils,
which were all subject to 1 general assembly, like in
other parts of medieval Scandinavia (Sanmark 2013,
Smith 2009). Throughout the Scandinavian countries,
the althing acted as the main legislative body,
initially following unwritten local laws, but had
limited executive power. Outlawry was the ultimate
sentence that could be imposed by the althing.
From the 11th century onwards, efforts were
made to record and eventually generalize the laws of
the different assemblies in the Norwegian kingdom.
The introduction and implementation of royal, centrally
enforced legislation became the main task of
the assemblies, and they became lawthings instead
of althings. Shetland’s althing adopted the Gulathing
version of Magnus Hákonarsson’s law code at
the end of the 13th century, which officially remained
valid until the 17th century. Although the Norse laws
did prescribe capital punishment in rare cases, the
thing courts still had no central executive power.
In Iceland, for example, the althing seems not to
have executed death penalties before 1564 (Bell
2010:31). Most crimes were sentenced with fines
or outlawry, though blood vengeance also seems to
have been common practice well into the 13th century.
Death penalties, especially by hanging, were
rare in medieval Scandinavia. However, several references
to the hanging of thieves and traitors can be
found in the Heimskringla sagas, recorded by Snorri
Sturluson around 1230.
From the second half of the 13th century, the
Scots gained increasing power in the Northern
Isles, culminating in the annexation of the islands
in 1468/69 (Crawford 1983). Nevertheless, Scottish
law was only fully adopted in Shetland in 1611. Two
years before, Patrick Stewart had been arrested upon
charges of treason. After his arrest, the lawthing
became a Scottish Sheriff Court (Barclay 1962:18).
The court continued to reside in Scalloway until it
was moved to Lerwick in the mid-18th century (Dunbar
et al. 1839:203).
It is generally believed that Barbara Tulloch
and her daughter, who were both accused of witchcraft,
are the last persons to have been executed in
Shetland. The date of this event is not definitively
known. Based on the sparse evidence, it may have
taken place around 1680.3
After the Act of Union of 1707, the Scottish
sheriffs became subject to greater direction from the
Justiciary Court in Edinburgh in criminal cases (B.
Smith, 5 June 2014 pers. comm.), but major reforms
to the organization of Scottish justice were only introduced
by the Heritable Jurisdictions Act passed in
1747 (Kilday 2007:32f.). The most important change
was the abolition of hereditary sheriffships, which in
Shetland had been last held by the Earls of Morton.
By the mid-18th century, serious criminal cases were
mostly brought before the Court of Justiciary. Public
executions were finally abolished in the United
Kingdom by the Capital Punishment Amendment
Act of 1868.
To summarize the above, historical records show
that a traditional execution site existed in Scalloway
at least between 1574 and the 1680s. The site was
located on Gallow Hill, overlooking the town in the
west. It was used for various corporal and capital
punishments, including hanging and burning. There
is no evidence that executions took place elsewhere
in Shetland after the beginning of the 17th century,
which implies that if the other tentative gallows sites
were ever used, it must have been at an earlier stage.
Place-Names
As stated in the introduction, the main indicator
for the former existence of local execution sites in
Shetland is provided by place-names. A total of 15
places bearing names that have been associated with
gallows have been recorded in Shetland (see Fig. 1).
In light of the lack of historical evidence, the significance
of the nomenclature deserves closer attention.
By far most common is the name Gallow Hill,
which occurs at least 7 times, namely in Dunrossness,
Tingwall, Scalloway, Walls, Delting, Unst, and Fetlar.
Apparently, there are also Gallow Hills at Eshaness
in Northmavine (Smith 2006) and on Whalsay,
but these names do not appear on Ordnance Survey
maps.4 In addition, the place-name Gallows Knowe
is reported near Halsagarth, a deserted croft opposite
the infamous Windhouse in Mid Yell (Smith 2006),
but this name is neither marked on OS maps nor is it
generally known to local residents nowadays.
Four place-names seem to derive from gálgi, the
Old Norse word for gallows (Jakobsen 1897:118f.).
The name appears as “golgo/gulga” in Sandwick
(Golgo) and Northmavine (Scord o Gulga), and in
the slightly more deviated form “wilga/wilgi” in
Cunningsburgh (Knowe of Wilga) and North Roe
(Wilgi Geos).
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Finally, the site of Muckle Heog on Unst is
referred to as Hanger Heog in antiquarian reports
(Hibbert 1822:406, Low 1774). Despite its rather
implausible classification as an execution site, the
name more likely refers to a steep, overhanging hill
(Smith 2006).
It is remarkable that most of the suggested places
of execution bear an English name. Reflecting 700
years of Norse control, the vast majority of placenames
in Shetland are of Norse origin. English
names present notable exceptions and are generally
considered younger (Nicolaisen 1983). There are
several possible explanations for the parallel occurrence
of gallow- and gálgi-type names in Shetland.
Firstly, it could be argued that the strong dominance
of the gallow-type may result from the fact
that it is more obvious, whereas the gálgi-type is
harder to recognize. Hence, names of the latter type
may not have been identified yet or may simply have
been forgotten. However, there has been a longstanding
interest in Norse place-names in Shetland
and they have been extensively recorded. Moreover,
the number of alleged places of execution in Shetland
already is surprisingly high considering the size
and population density of the islands. It seems unlikely
that many remain to be discovered. Moreover,
this argument does not explain why some of the sites
kept their Norse name, while others bear an English
name.
Secondly, Smith (2006) has suggested that all
gallows sites were originally called gálgi, as he believes
their origin lies early in the Norse period. This
interpretation implies that the gallow-type names
were later translated. This shift could have happened
only as long as the meaning of the old name was still
understood, either because the gallows were still
in use or because their memory was still alive (cf.
O’Grady 2008:360). The English word “gallows”
(OE galga or gealga) and ON gálgi are closely related
in terms of etymology. Both derive from Old
Germanic *galgon, meaning “pole”, which in turn
can be traced back to a Proto-Indo-European word,
*ghalgh-, for “branch or rod”.5 Although Old Norse
gálgi is cognate with Old English g(e)alga, it is unlikely
that the latter word was still used by the time
Scots replaced Norn, the Norse language spoken in
Orkney and Shetland. It is believed that Norn gradually
died out between the 16th and 18th centuries in
Shetland (Knooihuizen 2005, Ljosland 2012, Smith
1996:31–35). As a consequence of the language
shift, the original meaning of many place-names
was eventually lost to the locals. Place-names were
transformed in various ways but direct translation of
existing names was, if it happened at all, rare, and is
most likely to have occurred in the 16th or 17th centuries
(Nicolaisen 1983:73). Nevertheless, it is not
clear why some sites obviously kept their old names,
while others were renamed. The argument becomes
even less convincing as both Golgo in Sandwick and
the Knowe of Wilga in Cunningsburgh are associated
with traditions of hangings, as we shall see later,
so the alleged history of these sites was obviously
not forgotten. Interestingly, Golgo bore an English
name—Gallowtoon—at some point according to
Stewart (1987:116), but apparently the older name
was stronger than the new one in this case.
This analysis leads to a third possible conclusion,
namely that the gallow-type names simply
refer to later places of execution than the gálgi-type
names. If the interpretation of the latter names is indeed
correct, the sites were apparently not in use or
not considered relevant anymore by the time Scots
became the dominant language. Similarly, O’Grady
(2008:360) states that unchanged forms of gallow
place-names in Scotland are probably post-medieval
in date, but in some cases may reflect genuine execution
sites.
It needs to be noted that the “gallow” and the
“golgo/wilga” names are not just different in terms
of linguistics but also refer to different geographical
entities. Of the latter group, only the Scord o Gulga,
which is poorly documented and difficult to locate
(Smith 2006), seems to refer to a hill, while the others
are the names of a farm, an outcrop knoll on a
hillside and a steeply bounded inlet respectively. As
shown above, the “gallow” element only occurs with
hills or mounds.
Oral Traditions
In a number of cases, the sinister history of the
gallows sites is locally recalled in oral traditions.
While folk stories and oral traditions that are attached
to certain locales cannot be taken as evidence
for historical events, they do give unique insights
about the perception of these sites. The stories mostly
deal with witches or thieves, who were eventually
executed at a certain place. It is important to realize
that oral traditions giving a popular explanation for
certain place-names may have developed later and
do not necessarily reflect the origin of the name. This
is especially the case with the gallow-type names, as
the name still evokes an association with hanging
sites. It is interesting to note, however, that some
of the “golgo/wilga”-type names are also connected
with stories of executions. In those cases, the etymological
origin of the place names is not evident to
modern speakers, and the stories must thus be rather
old.
Traditions of executed witches are found in Dunrossness,
Scalloway, Tingwall, and Fetlar. In Scalloway,
locals still point out the former site of the stake
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an event is very unlikely to have taken place as late
as the 18th century, but the story may have a more
ancient origin. The tale should perhaps be seen in the
context of the numerous stories of ghosts, mythical
creatures, and hidden bodies that evolve around the
Windhouse. The site of the Windhouse is marked
as an ancient chapel site and burial ground on the
first edition OS map (Canmore ID 1251). Although
there seems to be little supportive archaeological
evidence, this historical function could explain the
origin of some of the folk tales that surround the
Windhouse.
Folk tales about outlaws hiding in remote upland
areas are well-known from other lands, such as Iceland
(Sigurðsson 2006) where we also find a strong
belief in trolls and other creatures. The name of K(a)
il Hulter is very similar to that of Kit Huntling known
from Orkney. Both names seem to be derived from
the Old Norse kett-hyndla (cat-bitch), an evil, female
hybrid creature, which—just like the outlaws—
haunted inaccessible, marshy upland areas such as
the Burn o’ Kithuntlins on Mainland Orkney (Towrie
1996–2014). The figure of the “ketthontla” in turn
resembles the Icelandic monster Grýla (Jónasdóttir
2010:21). Hence, both the story itself and the name
of its main character have parallels in other Norse
countries. Traditions of dwarves, dragons, roaming
lights, etc. inhabiting or appearing at prehistoric
monuments or natural landmarks in remote wasteland
areas are also known from other parts of Europe
(Coolen 2013, with references). While their origin
may lie in prehistoric beliefs about ancestral and
natural spirits, the legendary creatures populating
the common lands around settlements seem to have
got a more demonic character under Christianization
(Roymans 1995, Semple 1998, 2013:109–144).
Examples from England (Reynolds 2009; Semple
2013), the Netherlands (Meurkens 2010) and Germany
(Meier 1950) show that some of the places
associated with supernatural creatures were indeed
used as execution sites in the Middle Ages.
It is doubtful whether the story of Kail Hulter
has a kernel of truth. However, it is possible that a
popular folk tale was connected to a historical place
of execution.
Archaeological Evidence
No visible remains of gallows sites have hitherto
been identified in Shetland with certainty. However,
there are possible vestiges on the Gallow Hills of
Fetlar and Tingwall. A remarkable enclosure on a
small mound near the summit of the Gallow Hill in
Fetlar has been interpreted as the former site of the
gallows (Smith 2006). The enclosure consists of a
bank or wall, which is up to ~0.4 m high and ~1 m
on Gallow Hill, apparently a patch of burnt soil that
never turns green.6 In Dunrossness and Fetlar, the
traditions also refer to visible features. According to
a note by John Stewart written in the early 1950s, a
stone at the top of the Gallow Hill at Huesbreck in
Dunrossness is known as Katie Cornie, named after
a burnt witch.7 The folklorist James Laurenson from
Fetlar described the executions of witches on the
Gallow Hills of Fetlar and Scalloway in great detail
and, as it seems, with lively imagination8. A story of
3 witches who were tried and executed at Tingwall
was recalled by the storyteller Brucie Henderson
from Yell in 1955.9
Stories of hanged thieves have been reported
for the Knowe of Wilga, Gallows Knowe in Mid-
Yell, and Gallow Hill at Walls. They all deal with
livestock thieves, a common element in Shetland
folk tales (Tulloch 2014:ch. 23). Indeed, the court
records show that numerous people were accused of
stealing sheep in early modern Shetland. However,
the stories associated with gallows sites also contain
more mystical elements that mark the alleged execution
sites as liminal places on the verge of the human
realm. The most interesting case is the story of K(a)
il Hulter, a notorious sheep thief said to have been
hanged at the Knowe of Wilga in Cunningsburgh.1.
The story goes that Hulter was an outlaw who hid in
a cavern near the Knowe of Wilga, the Thief’s Hole,
where he managed to live undiscovered for many
years as he only went about stealing sheep at night.
When a boy accidentally came upon his hideout, the
boy was taken captive and had to stay with Hulter for
a long time. One Yule, the boy tricked his captor into
going to his native farm to get butter and a cow and
Hulter was captured at last.
A very similar story surrounds the Thieves
Knowe, a conical-shaped mound in the upland valley
Skelladale near the Gallow Hill of Brae in Delting
(Greig 1892:17f.). Instead of an outlaw hideout, it
figures as the home of fairies and trows, who also
had a fancy for fat sheep and cattle. The role of
the small boy, who was taken hostage for years, is
played by a fiddler, who was forced to play at the
trowies’ dances but finally betrayed them in the same
manner.11
The story of Kail Hulter also shows similarities
to the Thief o da Neean, another sheep thief who allegedly
lived in a cave near West Burrafirth but was
eventually hanged at the Gallow Hill of Walls.12
Smith (2006) quotes the folklorist Laurence
Williamson, who recalled a story of 2 men found
guilty of stealing cattle from the lord of Windhouse.
Because they refused to be sent to trial in Scalloway,
they were hanged at the Gallows Knowe near Halsagarth
on Yell. Williamson dated the story to the
early 18th century. Smith has pointed out that such
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B. Smith, 6 June 2011 pers. comm.). Sheepfolds
in Shetland were usually round or oval shaped and
located on the shoulder of a hill, along hill-dykes
or at the coast, taking advantage of the landscape
to funnel the sheep (Tait 2012:323f.). Since the enclosure
on Gallow Hill lies in open terrain, it would
have been very hard to drive sheep into it unless it
had lead-fences. Moreover, the enclosure appears
exceptionally large for a sheepfold. Given the limited
number of well-documented gallows sites in
Scotland (cf. O’Grady 2008:360ff.), it is difficult to
say whether such sites were commonly surrounded
by an enclosure. A rectangular enclosure of similar
dimensions as the one in Fetlar is found on top of
the Gallowhill of Ellon in Aberdeenshire and is also
believed to mark the site of a gallows (Canmore ID
145367). However, no archaeological research has
taken place yet that might provide evidence on the
dating and function of that structure. While there
seem to be no direct parallels to these enclosures on
well-studied execution sites elsewhere in Europe,
it was not unheard of at least in the early medieval
period to fence off gallows sites, as recorded for example
in Assen in the Netherlands (van der Sanden
2010:202f.).
wide at the base (Fig. 2). It has a slightly trapezoidal
outline with side lengths of 22–24 m on the north,
west, and east and ~29 m on the south (Fig. 3).
The bank is higher on the north side, which is also
the highest part of the terrain, while it can only be
vaguely observed at the deepest spot in the south.
Smith (2006) noticed a possible entrance on the east
side, but I observed no distinct opening while examining
the site.
There is a strong local tradition that the enclosure
represents an old execution site. Quoting James Laurenson,
Robertson and Graham (1964:51) stated that
“the hole in the Gallow Hill where the gallows stood
can still be seen.” However, according to Laurenson,
the stones that framed the hole were later moved by
poaching boys.13 At present, there is no convincing
alternative interpretation of the structure on Gallow
Hill. Traces of peat cutting can be found along the
cliffs to the west of the enclosure but it is not obvious
what role the enclosure could have played in
peat-cutting activities. On the first edition of the OS
6-inches-to-the-mile map (Sheet XVII) published in
1882, the enclosure is marked as an “old sheepfold”.
However, this is an unlikely interpretation (I. Tait,
Shetland Museum and Archives, Lerwick, UK, and
Figure 2. Enclosure on Gallow Hill, Fetlar (Shetland), which allegedly marks the site of the gallows. View towards the
north.
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A rectangular, slightly trapezoidal structure of
approximately 8 m by 6 m exists on the edge of Gallow
Hill in Tingwall overlooking the valley (Coolen
and Doneus 2014:27). It consists of a single row of
rather large boulders, which may have been taken
from a tentative burial cairn nearby. The enclosure
is oriented WNW/ESE and seems to be open towards
the moorland in the west. Both the enclosure and the
derelict cairn are located on the outside of a supposedly
medieval hill dyke. At present, it is difficult to
interpret the structure. An agricultural or pastoralist
function, e.g., as an animal pen, is conceivable but
the possibility that it marks the site of a gallows
should not be excluded. A local amateur archaeologist
reports to have found pieces of charcoal at 15 cm
depth in two small “test pits” inside the enclosure. 14
As mentioned above, people from Scalloway have
observed a low knoll of reddish, apparently burnt
soil on Gallow Hill above the town.15 However, this
is likely to be a popular interpretation of a natural
feature as it is improbable that a stake would eliminate
the vegetation for several centuries unless larger
quantities of chemicals were present in the soil.
While a closer investigation of the enclosures
in Fetlar and Tingwall seems worthwhile, none of
the tentative gallows sites in Shetland has yielded
conclusive archaeological evidence for an execution
site. Of course, the absence of evidence is no
evidence of absence. But for the moment at least,
archaeology in its traditional sense cannot answer
the posed research questions.
Visibility
Throughout medieval and early modern Europe,
gallows were generally placed on highly visible
locations to enhance the supposed deterrent effect
as well as to display the power of authority (Coolen
2013). Indeed, Smith (2006) has highlighted this
common element for the alleged gallows sites in
Shetland. The presence of historical lookout posts on
the Gallow Hills of Eshaness and Unst and on a hill
near to the Gallow Hill of Walls underlines the good
visibility and strategic location of the sites. Due to
its topography, even local traffic in Shetland mainly
took place by boat until recently. As the economy
of Shetland was traditionally based on subsistence
farming and fishing (Tait 2012), settlement was dispersed
and concentrated along the coast. Therefore,
it can be assumed that if the gallows were meant to
be seen by travellers, they should have been visible
from the coast.
Figure 3. Satellite image showing the enclosure on Gallow Hill, Fetlar, Shetland. Source: Google Earth®.
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While the viewsheds do confirm the good visibility
of most sites, they also reveal large differences.
The total area that can be seen from each site varies
from almost 3000 km² to less than 40 km² (Fig. 4).
The most visible site is the Knowe of Wilga, while—
surprisingly—the Gallow Hill of Scalloway is least
visible. The huge difference in the visible area is
mainly caused by the visibility of the open sea. As
from most places in Shetland, the sea is visible from
all sites. In fact, sea surfaces represent more than half
of the visible area in all cases; in 10 out of 12 cases,
the sea even accounts for more than 90% of the visible
area. However, these numbers are somewhat
misleading. Since the surface, which is visible within
a certain angle, increases towards the horizon, even a
small strip of the sea visible at the horizon represents
a large area. Moreover, due to the curvature of the
earth the distance to the horizon from higher elevated
points is much larger than from a point close to sea
level, which again leads to an exponential increase of
the visible area towards the horizon.
The total land surface visible from each site var -
ies from 134 to 16 km². Again, the Gallow Hill of
In order to quantify and compare the visibility
of the sites, viewshed models were calculated for
all of the discussed sites, using a digital terrain
model (DTM) with 50-m horizontal and 1-m vertical
resolution in a GIS (Coolen 2012). In each case,
the observer point was set at the highest point of the
respective hill with an offset of 2 m, except in Fetlar,
where the viewshed represents the view from the
enclosure. In some cases, the viewshed was found
to be more realistic when a cumulative viewshed for
several points in adjacent grid cells was calculated
to reduce the influence of the gridded DTM. As we
do not know the exact location of any of the gallows—
except perhaps in Fetlar—the viewshed models
present a best-case scenario. Besides this major
flaw, we also do not have sufficient knowledge of
the late medieval and early modern settlement of the
surroundings of most of the sites to put the gallows
in a contemporary landscape context. Therefore, the
scope of the visibility analysis is rather to make an
optimistic statement and classify the setting of the
tentative gallows sites especially in terms of visibility
from the sea.
Figure 4. Diagram of the total land and sea area visible from the discussed sites. The doubtful or poorly localized sites in
Mid-Yell, Whalsay, and North Roe are not included.
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restricted. Again, Scalloway is close to the bottom of
the list, with a visible area of 6.9 km².
The limited-range viewshed indicates from
which areas (and consequently to whom) the gallows
were meant to be visible. The visible sea surface (including
inlets) in the direct surroundings greatly varies.
From the Gallow Hill of Tingwall, the sea cannot
be spotted within 3 km at all. On the other hand, 70%
of the surface visible within 3 km from the Knowe
of Wilga is covered by the sea. Apart from the latter,
there are only 3 sites that are focused more towards
the sea than towards land in the close range, namely
the Gallow Hills of Fetlar and Walls and Watch Hill
in Northmavine.
The contrast between the sites is illustrated by
the Gallow Hills of Fetlar and Scalloway. The former
overlooks the main settlements along the south
coast of the island, but the location of the enclosure
suggests that it was also meant to be visible to ship
traffic passing through Colgrave Sound or entering
the Wick of Tresta (Fig. 6). Hence, the location
seems to be directed towards the outside world.
Scalloway has the lowest score, but the ranking of
the other sites is completely different than the ranking
in terms of overall visibility. The doubtful site of
Gluss overlooks the largest land surface, followed
by the Gallow Hills of Brae and Fetlar.
Although it is astonishing how far one can see
from most sites, it is of course unrealistic that the
gallows and their involuntary companions would
have been visible with the naked eye from 40 km
distance. We do not know what the gallows in Shetland
looked like but they are unlikely to have been
monumental enough to be clearly discernible from
more than 3 km away. Hence, the visible area and
the visible land and sea ratio within a radius of 3
km were calculated for each site, corresponding to a
maximum area of 28.3 km². It must be stressed that
the inaccuracy of the viewshed caused by the resolution
of the DTM plays a lar ger role at this scale.
The total visible area within 3 km from each site
varies from 17.3 to 6.6 km² (Fig. 5). Muckle Heog
offers the most complete view of the surroundings,
while the view from the Gallow Hill of Brae is most
Figure 5. Diagram of the total visible land and sea area within a radius of 3 km from the discussed sites.
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On the other hand, the limited
visibility of the Gallow Hill
of Scalloway suggests that it
was primarily meant to be seen
from the village, the castle,
and the harbor (Fig. 7). Hence,
the message of the site seems
to have been directed towards
residents of Scalloway rather
than to approaching outsiders.
According to the viewshed
analyses, wide visibility from a
vast area or from the open sea
is not a general characteristic
of the tentative gallows sites. It
is, however, notable that most
of the sites are located near
good anchorages or portages
and are well visible from there.
For example, the Gallow Hill
at Brae offers a splendid view
of Busta Voe and Mavis Grind,
a narrow portage between the
North Sea and the Atlantic.
The Gallow Hill of Walls is
relatively far from the open
sea but overlooks a major part
of the sheltered bay of Gruting
Voe, an excellent natural harbor.
The proximity to natural
harbors and portages can be
similarly observed for other
sites with “gallow”-names and
“golgo/wilga”-type names, and
even applies to the rather unconvincing
sites Muckle Heog
(overlooking Baltasound)
and the Wilgi Geos (upon the
mouth of Sand Voe). While
this characteristic should not
be taken as evidence for the
actual use of individual sites, it
does give an indication on the
possible context and focus of
the tentative gallows sites and
allows for a redefinition of the
visibility factor.
Logically, natural harbors
that offer shelter from the open
sea and portages that cut off
dangerous and long passages
around the islands also formed
focal points for settlements.
Although there is not sufficient
data available to reconstruct
the development and status of
Figure 6. Viewshed from the enclosure on Gallow Hill, Fetlar, Shetland. DTM: Ordnance
Survey. Courtesy of Crown copyright/database right 2010.
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between being visible from afar and dominating a
local harbor and potential settlement.
Gallows Sites and Medieval Administrative Units
Obviously, official places of execution are always
associated with a court that holds the right to inflict
capital punishment. Indeed, erecting a gallows was
a powerful way to demonstrate judicial authority
in medieval and early modern
Europe (Coolen 2013).
Gallows could be makeshift
structures that were constructed
for the event of one execution,
sometimes close to
the scene of the crime (cf.
Poole 2008:164f.). However,
most judicial districts that held
high justice had one dedicated
place of execution, which
often also served as gibbet,
although some larger towns
had separate sites for various
execution methods (Maisel
193:28–31). The association
of gallow hills and other execution
sites with medieval
moot sites and hundred boundaries
has also been observed
in other parts of Scotland
(O’Grady 2008:360ff.) and
England (Reynolds 2009). The
proximity of the Gallow Hill
in Tingwall to the traditional
site of the law ting and the tentative
succession of the Gallow
Hill in Scalloway, where
the court was later held, gives
rise to the question whether
the tentative gallows sites in
Shetland also reflect individual
court districts. And if so,
from what period?
The political and judicial
organization of Shetland in the
Norse period has been the topic
of debate for at least a century
(Clouston 1914:429ff., Donaldson
1958:130ff., Sanmark
2013, Smith 2009). It has long
been recognized that he tingelement
in the name of some
Shetland parishes indicates
a Norse origin. Fellows-Jensen
(1996:26) has suggested
that the thing parishes of the
Figure 7. Viewshed from the tentative gallows site on Gallow Hill, Scalloway, Shetland.
DTM: Ordnance Survey. Courtesy of Crown copyright/database right 2010.
these harbors and settlements throughout the Middle
Ages and early modern period, it seems reasonable
to assume that the anchorages marked on early modern
admiralty charts were also used in the medieval
period. The visibility analysis implies that most of
the gallows sites were visible to sailors approaching
or entering harbors as well as the people that lived
in the associated settlement. The location of the gallows
sites often seems to have offered a compromise
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105
Northern Islands date back to the 9th century, while
Smith (2009) has argued that they are more likely
the result of a later reorganization reflecting the
increased royal control in the 13th century. Sanmark
(2013:105f.) sees the location of the thing sites as
supportive evidence for the latter theory but stresses
that the tentative reorganization
was not necessarily a complete
clean sweep.
It has been noted before that
the ting-parishes are all located in
the central part of Mainland, which
lacks clear geographical boundaries
(Donaldson 1958:130, Smith
2009:41f.). Delting, Nesting, Lunnasting,
Aithsting, Sandsting, and
Tingwall are still existing parishes,
while Þvæitaþing and Rauðarþing,
two districts mentioned in a document
of 1321, are more difficult
to locate. It is generally assumed
that Þvæitaþing covered the
present parish of Walls (Sanmark
2013:101f.). Rauðarþing has been
located in Northmavine (Jakobsen
1897:102, Smith 2009:42), but
Sanmark (2013:102) has argued
that it may have covered the central
part of Yell. The name Neipnating,
mentioned in 16th- and
17th-century documents, probably
refers to Nesting (Smith 2009:41).
Based on place-names and topographical
considerations, Sanmark
(2013) has recently ventured to locate
the associated assembly sites
(Fig. 8).
Gallows-names occur in
Tingwall, Walls (Þvæitaþing?),
D e l t i n g , a n d N o r t h m a v i n e
(Rauðarþing?), while no such
names are known in Sandsting,
Aithsting, Nesting, and Lunnasting.
The distance from the
Gallow Hills to the alleged assembly
sites is ~2 km in Walls and
3.5 km in Delting. Intervisibility
is not given in either case. The
Gallows Knowe at Halsagarth
near Mid Yell, ~2.5 km from the
tentative assembly site at Gardiestaing
(Sanmark 2013:102) might
support Sanmark’s localization of
Rauðarþing, but the evidence of
this particular site is very weak.
Neither can any of the supposedly
older “golgo/wilga” names be linked to the tentative
thing-districts.
The available sources do not allow for a reconstruction
of the Norse thing-district boundaries. Yet,
if we assume that they more or less corresponded to
the later parish boundaries, only the Gallow Hills of
Figure 8. Distribution of gallows place-names in respect to medieval thing districts
and tentative assembly sites in Shetland (after Sanmark 2013). Districts:
1 Tingwall; 2 Sandsting; 3 Þvæitaþing; 4 Aithsting; 5 Nesting; 6 Delting; 7 Lunnasting;
8 Rauðarþing? (after Smith 2009); and 9 Rauðarþing? (after Sanmark
2013).
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Walls and Delting seem to be located near the tentative
boundary.
Smith (2006) has pointed out that gallowsnames
occur not far from a “Herra” place-name in
Tingwall, on Fetlar and Yell. The name Herra (from
Old Norse hérað, county or district) occurs 4 times
in Shetland and refers to small districts or groups of
farms (Jakobsen 1897:117, Smith 2009:43). It is believed
that the name reflects another, possibly older
type of Norse administrative unit (Sanmark 2013:99,
Smith 2009:43). However, the judicial authority of
the hérað districts in Shetland is not known, and
there is no evidence that they had an assembly, let
alone the authority to inflict capital punishment
(Sanmark 2013:55).
In short, it is hard to link the gallows-names
to what we know about the Norse administrative
units. The alleged gallows sites are neither equally
distributed over the thing-districts nor regularly associated
with the assembly sites or tentative parish
boundaries. Indeed, as it has been argued that the
gallow-names may be post-medieval, we also need
to look at the later administrative or ganization.
Gallows Sites and Post-Medieval Administrative
Units
The administrative division in the late 16th and
early 17th century can be reconstructed on the basis
of the court books (Barclay 1962, 1967; Donaldson
1954, 1991) and other legal documents (Balfour
1854:13–92). Most districts comprised several
parishes or isles. The post-medieval administrative
division seems to be a reorganization of older
administrative units, as some of the districts correspond
to older thing-districts. As the grouping of
the parishes varies between the documents, the number
of districts ranges from 9 to 13 (cf. Donaldson
1958:130ff.). Based on the historical documents, we
can reconstruct at least 10 districts:
• Nesting, Lunnasting, Whalsay, and Skerries. The
Skerries are listed together with Fetlar, Unst,
and Yell in 1576.
• Fetlar
• Unst
• Yell
• Northmavine
• Delting; listed as Delting and Scatsta in 1576.
• Walls, Sandness, Aithsting, and Sandsting. Walls
is listed separately in 1576. The district also
included Papa Stour.
• Burra and Gulberwick. The district also included
Quarff and Trondra but they are not always
listed. Burra and Gulberwick were grouped together
with Tingwall, Whiteness, Weisdale, and
Bressay in 1603, and with Bressay only in 1604.
• Dunrossness
• Tingwall, Whiteness, Weisdale, and Bressay.
Bressay is listed separately in 1576, while it is
grouped together with Burra in the court book
of 1604.
The distribution of the gallows-names shows
a remarkable correspondence with the above division
(Fig. 9). Apart from the smallest district of
Burra and Gulberwick, there is at least one gallows-
name in each district. With the exception of
Yell, every district has one Gallow Hill. The parish
of Tingwall hosts 2 Gallow Hills but, as has been
pointed out before, these are most likely successive
sites.
Furthermore, it is striking that most of the tentative
gallows sites are located rather centrally within
the districts. On Mainland, the gallows-names do
not occur along the district boundaries. However,
in some cases they do occur near parish boundaries
within a district. The Gallow Hill of Walls is located
near the boundary between Sandsting and Walls; the
Gallow Hill in Tingwall is sited near the boundary
between Tingwall and Whiteness.
Apart from Scalloway, there is no obvious relation
between the Gallow Hills and the venues
of the district courts held in the beginning of the
17th century (Fig. 10). Some of the gallows sites
are relatively close to a court site, as in Unst (2.3
km) and Delting (2.9 km), but most of them are
not. This inconsistency is hardly surprising as the
district courts do not seem to have dealt with capital
cases. As mentioned before, the only known
exception is the conviction of Christopher Johnston
at Wethersta in Delting in 1602 (Donaldson
1954:18f.). The Gallow Hill of Brae is visible from
Wethersta, but it is not clear whether Johnston was
indeed hanged there.
The local courts of the early 17th century were
usually held at the manors of the fouds (bailiffs) or
other officials. Although these manors were mostly
located in or nearby major settlements, they do not
necessarily represent the old parish center (Smith
2009:43), let alone older assembly or court sites.
To summarize the above: the distribution of the
gallow-type names corresponds well with the court
districts that can be reconstructed based on late 16thand
17th-century documents. However, at least after
AD 1602, district courts seem not to have been involved
in capital cases anymore. The post-medieval
administrative division is obviously the result of
a re-organization of older districts, including the
thing-districts discussed above. It is difficult to
reconstruct when and how this reorganization took
place, but the striking correlation of the gallows sites
and the post-medieval parish division implies that
the gallows sites can be linked to this late-medieval
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107
or post-medieval restructuring. There is, however,
one strain of evidence that sheds some light on the
parish division between the Norse period and the
reign of the Stewarts, namely the ecclesiastical parish
division.
Gallows Sites and Ecclesiastical Parishes
Ever since the establishment of the diocese of
Orkney and Shetland in the mid-11th century (Cant
1996:161), the bishops of Orkney and archdeacons
of Shetland had close ties to the earls and kings
who ruled the islands (Smith
2003). The ecclesiastical division
of the islands was strongly
connected with the administrative
and judicial organization. A
list of ecclesiastical “benefices”
compiled by Rev. James Pitcairn
between 1579 and 1612 (Goudie
1904:155–158) and John Brand’s
(1701:125–146) description of
ecclesiastical parishes largely
correspond to the parishes mentioned
in the 17th-century court
books. The bishops did not have
as much judicial power in Shetland
as in Orkney, but some parts
of Shetland fell directly under
the jurisdiction of the church
before Robert Stewart exchanged
his abbacy in Edinburgh for the
episcopal domains in Orkney
and Shetland in 1568 (Barclay
1967:XVIIIff.). Indeed, Sanmark
(2013:104f.) considers the proximity
to churches and chapels
“one of the most striking features
of the Shetland thing sites.”
Cant (1996) made an attempt
to reconstruct the medieval
church order of Shetland, which
he believed to have largely developed
in the 12th century. In its
final phase, Shetland comprised
14 priest districts, subdivided into
a total of 30 parishes (Fig. 11).
Most districts, except Lunnasting,
Aithsting, Sandsting, Bressay, and
Burra and Gulberwick (the latter
not being explicitly named as
separate church district by Cant)
have one Gallow Hill. Eleven
of the 15 gallows-place-names
occur less than 3 km from a pre-
Reformation parish church, the
shortest distance being 550 m in
Sandwick. This applies both to
the Gallow Hills as well as the
Golgo/Wilga-names. In the parish
of Dunrossness, we find a tentative
gallows site near each of the 3
parish churches. In Northmavine,
Figure 9. Distribution of gallows place-names in respect to early modern court
districts. Parishes: 1 Dunrossness; 2 Burra and Gulberwick; 3 Tingwall, Whiteness,
Weisdale, and Bressay; 4 Walls, Aithsting, and Sandsting; 5 Nesting, Lunnasting,
and Whalsay; 6 Delting; 7 Northmavine; 8 Yell; 9 Fetlar; and 10 Unst.
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we also find the same number of parish churches and
gallows-names, but the distances are somewhat larger
and 2 out of 3 gallows-sites are rather doubtful. In
some cases, the gallows-names occur near a tentative
parish boundary, as in Cunningsburgh, Walls, and
Delting. The same applies to Gulga in Gluss, located
between St. Olaf’s in Ollaberry and St. Magnus’ (?)
church in Hillswick, as well as to Muckle Heog on
Unst and Gallows Knowe in Mid-Yell, although the
latter are again doubtful gallows sites.
The spatial correlation of gallows-place names
and medieval parish churches does not necessarily
imply that these were directly associated. However,
as has been pointed out above, there was a strong
link between the centers of ecclesiastical and secular
power and jurisdiction in medieval Shetland.
Therefore, the pre-Reformation
parish churches may give a better
indication of the political and
judicial centers of the post-Norse
parishes than the courts held at
private manors in the 17th century.
Gallows and Prehistoric Monuments
One of the common features
of the potential gallows-sites,
which Smith (2006) identified in
his initial paper, is the presence of
prehistoric monuments. Most of
these monuments can be identified
as Neolithic and Bronze Age
burial cairns. Eight out of the 15
tentative gallows sites are hilltops
or hillocks with a cairn at or near
the summit (Fig. 12). However,
the association of these monuments
and possible execution
sites is not conclusive as long as
the latter cannot be located with
certainty.
The re-use of prehistoric
monuments, especially barrows,
as execution sites is a widespread
phenomenon in northwestern
Europe (Meurkens 2010,
O’Grady 2008:361f., Reynolds
2009, Whyte 2003). Under Christianization,
ancient monuments
became demonized, and the execution
and abandonment of criminals
at “heathen”, liminal places
enforced their expulsion from the
community. The demonization is
reflected by traditions of mystical
creatures, which often surround
these sites. As shown above, traces
of such stories are also found in
Shetland.
Taking this phenomenon a bit
further, it even seems conceivable
that in some cases at least,
a prehistoric monument became
Figure 10. Distribution of gallows-place names in respect to court sites mentioned
in the courtbooks between 1600 and 1615.
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considered a gallows site by popular belief, which
then resulted in the place-name. For example, this
could be true for the Knowe of Wilga in Cunningsburgh.
As has been shown above, the story of the
outlaw Kail Hulter, who is said to have been hanged
there, shows obvious similarities to stories of superhuman
creatures that lived in suspicious-looking
mounds in the highlands. The Knowe of Wilga, a
remarkable outcrop knoll on a steep hillside, hosts
the remains of a large chambered cairn (Canmore
ID 934). It is possible that the traditional belief of
a “trowies’ home” was simply translated into a contemporary
context and that the mystical creatures,
who lived and possibly died at the site, later became
a human sheep thief.
However, the above explanation can hardly account
for all gallows-place names in Shetland, especially
given their equal distribution over the islands.
Moreover, the association of prehistoric
monuments and later execution
sites is less obvious when
both occur on a large, natural
hill than in the case of explicitly
named barrows. The main problem
in Shetland is that no execution
site can thus far be localized
with certainty. To assume that
they may have been located on or
near the prehistoric monuments
would therefore be an obvious
circular argument. The evidence
for a gallows at Scord o Gulga in
Gluss (Northmavine), for example,
is very weak, and the identification
of Gulga is partially based
on the presence of a prehistoric
cairn (Smith 2006). Moreover, it
should be taken into account that
Shetland is strewn with well-visible,
prehistoric structures. Arguably,
there are fewer hills without
such structures than those with
visible prehistoric remains.
The alleged execution site
of Sandwick is the only one that
is associated with a standing
stone. The stone itself does not
survive as it was destroyed in the
19th century to provide building
material (Smith 2006). It is also
the only site where a local tradition
explicitly describes the use
of a possibly prehistoric monument
as a gibbet. A similar case
is found in Aberdeenshire. The
Hanging Stone on the Gallow
Hill near Rosehearty, a tall standing
stone now included in a field
wall, is also said to have been
used to hang people (Canmore
ID 20791).16 Throughout Great-
Britain and Ireland, there are
numerous standing stones called
Hanging or Hangman’s stone
(Crawford 1922, Grinsell 1985). Figure 11. Distribution of gallows-place names in respect to pre-Reformation
parish churches and priest districts (after Cant 1996).
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The name either refers to their declination or indeed
to a place of execution or gibbet site. In many cases,
there is a local tradition of a thief, who accidentally
strangled himself on the stone as he tipped over it
while carrying a stolen sheep or deer. As Crawford
noted, the story probably refers to the gallows,
which ended the life of many a (sheep) thief. Some
of the Hanging Stones are obviously too small to
have been used as a gibbet and even the larger standing
stones may not have lent themselves too well for
this purpose. It is more likely that the stones present
old boundary markers. All across Europe, medieval
execution sites were usually located at judicial
boundaries (Coolen 2013). Their spatial association
with ancient and distinct boundary markers such as
standing stones or burial mounds served to confirm
ancient boundaries and reinforce the authority of
those who controlled them. Moreover, boundary
markers were ultimately liminal places and therefore
symbolically underlined the condemnation of those
who were hanged in their vicinity. However, it is
doubtful whether this was the case in Sandwick. As
discussed above, Golgo lies very close to the parish
church and settlement of Sandwick, and it can
hardly be considered a liminal place. Unfortunately,
the poor evidence of the execution site, the standing
stone, and the judicial status of Sandwick in the
Middle Ages makes further interpretation difficult.
The apparent association of gallows-place names
with prehistoric monuments might reflect a phenomenon
that is also known from other parts of Britain
and northwestern Europe. However, given the poor
identification of possible gallows sites and the abundance
of well-visible prehistoric monuments in the
Shetland uplands, the nature of this association is
speculative.
Concluding Discussion
It is difficult to draw definite conclusions about
the origin of the alleged gallows sites in Shetland.
In most cases, the former presence of gallows is
only indicated by place-names and oral tradition.
Only 1 gallows site, the Gallow Hill of Scalloway,
is documented in historical records. It is likely that
the establishment of an execution site in Scalloway
coincides with the transfer of Shetland’s lawthing
from Tingwall to nearby Scalloway, which seems
to have taken place shortly after the rise of Robert
Stewart in the 1570s. This scenario also implies
that the Gallow Hill of Tingwall may have been in
use until then. As for the other sites, the fact that
Figure 12. Chambered cairn on the Knowe of Wilga, Cunningsburgh, Shetland.
Journal of the North Atlantic
J. Coolen
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they are not mentioned in the court records and that
capital cases were handed over to the lawthing at
least from the 17th century onwards implies that they
must be older. In the case of the Gallow Hills, there
is little reason to doubt that they were designated
as places of execution at some point. This assertion
does not necessarily mean that they were frequently
used, nor that they must have hosted gallows on
a permanent basis. Apart from their “practical”
function, gallows served to demonstrate judicial
authority and autonomy, and there are examples of
early modern gallows that were never or hardly ever
used (Mol 2007:294f.). On the other hand, the possibility
should be taken into account that executions
took place near the scene of crimes, though it seems
doubtful whether such an event would lead to the
re-naming of prominent landscape elements. The
regular distribution of Gallow Hills over the postmedieval
court districts also implies that this pattern
is the result of a more or ganized process.
The gallows sites thus document a system of
local justice, in which each district apparently had
the authority to impose capital punishment. The
question is when this system arose. Smith (2006)
has suggested that the gallows sites date to the early
Norse period. This hypothesis can be questioned for
a number of reasons. Firstly, the name Gallow Hill,
which occurs at least 7 times, is obviously younger
than the vast majority of place-names in Shetland,
which have a Norse origin. The argument that the
gallow-type place-names may have been translated
is hardly convincing without further evidence and
in any case would suggest that the respective sites
were (still) in use or known by the time Scottish
English replaced Norn. Secondly, no clear relationship
between the alleged places of execution and the
presumed medieval assembly sites (with the exception
of Tingwall) or the division of the ting-districts
could be identified. By contrast, there appears to be
a stronger association with pre-Reformation parish
churches and the early modern administrative
division. Thirdly, Norse assemblies had limited
executive power, and dedicated gallows sites generally
seem to have appeared late in Scandinavia (F.
Iversen, Museum of Cultural History, Oslo, Norway,
22 Novemeber 2013 pers. comm.).
The administrative and ecclesiastical districts,
which are mentioned in early modern documents,
mostly comprise several parishes, including
the tentatively older ting-parishes. Clouston
(1914:429–432) interpreted the division of the
districts as an echo of a typical Norse division into
quarters and thirds and reconstructed 12 things,
each of which had 1 “lawrikman”. This interpretation,
however, has not found general acceptance
(Donaldson 1958:130–132, Smith 2009:42f.). As
shown above, the gallow-type names are equally
distributed over the early modern judicial districts.
If Smith’s early dating of the gallows sites is correct,
this observation could support Clouston’s
model that several parishes were subordinate to 1
court. Alternatively, it is possible that the grouping
of multiple parishes into districts was the result of
a late medieval or early modern reorganization. It
seems logical to suggest that such tentative reorganization
could have taken place after the annexation
of Shetland with Scotland in 1469 (Crawford
1983). It has hitherto been believed that the official
annexation of the Northern Isles with Scotland,
which was obviously part of a much longer process
of increasing “Scottification”, did not bring about
major changes to the polity in Shetland. This idea
is mainly based on the fact that late 16th- and early
17th-century legal documents still reveal many elements
of Norse administration (Goudie 1892) and
that the local book of laws, based on the Lawmender’s
code, was only officially abolished in 1611.
The distribution of the gallows sites might contradict
this traditional view and shed some light on
the judicial organization in the poorly documented
period between the annexation and the rise of the
Stewarts.
Nevertheless, the gálgi-type place-names indicate
that gallows may have been present at an
earlier stage. The distribution of the place-names in
Dunrossness and Northmavine could even be taken
as evidence that every parish once had an execution
site, possibly before the parishes were joined into
larger districts. However, given the small number
of gálgi-type names and the heterogeneous nature
of the sites they refer to, this interpretation goes beyond
the constraints of the evidence. Similar as the
“hanging”-element, which is found for example in
the name Hanger Heog, gálgi-type names could refer
to a steep or overhanging landscape element. Indeed,
this seems to be the case at Wilgi Geos and might
also apply to the Knowe of Wilga (similar both in
terms of topography and archaeology to Hanger
Heog) and the vanished standing stone at Golgo. In
Iceland, gálgi- and gálga-names are numerous and
often seem to refer to natural features rather than
historical execution sites (A. Friðriksson, Institute
of Archaeology, Reykjavík, Iceland, 10 May 2013
pers. comm.).
The oral traditions of witch burnings, which
are associated with the Gallow Hills of Scalloway,
Tingwall, Fetlar, and Dunrossness, could also be
considered indicative for a relatively late date for
these sites. Although sorcery was considered a serious
crime in the Norse laws, the first documented
witch trial in Shetland took place in 1602 (Willumsen
2013:168). In mainland Scotland, persecution
Journal of the North Atlantic
J. Coolen
2016 Special Volume 8
112
of witches started some decades earlier (ibid.:63f.).
In general, the late 16th and early 17th century
marked the peak phase of European witch hunts.
Compared to mainland Scotland or other European
regions, persecution of witches was infrequent in
Shetland, with 31 documented cases in the period
1602–1725. Of the accused witches, only 6 (or 7,
including Barbara Tulloch) are known to have been
executed (ibid.:168–172). Even though the traditions
may not be based on historic events, they do
reflect a popular identification of post-medieval
execution sites.
A number of gallows sites in Shetland are associated
with stories of legendary thieves. Indeed,
thievery seems to have been a more common crime
in the medieval and early modern period, which
was punished with death by hanging in severe
cases. However, it has been shown that the stories
of thieves that evolve around alleged gallows sites
in Shetland are related to fairy beliefs rather than
historical persons.
Based on the current evidence, the association
of places of execution with prehistoric (sepulchral)
monuments in Shetland can neither be proved nor
discounted. Given the numerous examples of execution
sites on prehistoric barrows across northwestern
Europe, it would not be surprising if this form of
re-use of ancient monuments was also practiced in
Shetland. As shown above, the choice of such locations
reflects a symbolic punishment beyond death
and stresses the liminality and marginality of the
condemned. Rituals and places of execution thus
also expressed and reinforced the social order and
spatial cosmology of the society and helped to consolidate
group identities. In this respect, the different
message conveyed by the “outward” facing Gallow
Hills on Unst and Fetlar on the one hand and the
Gallow Hill in Scalloway, directly overlooking the
village, is noteworthy.
Acknowledgments
This survey was made possible by a grant of the
Austrian Ministry of Science and Research (BMWF) and
the support of The Assembly Project – Meeting places in
Northern Europe (AD 800–1500). I am very grateful to
Brian Smith for his support and discussion of the gallowssites.
Furthermore, I would like to thank Eileen Brooke-
Freeman and Lauren Doughton of Shetland Amenity Trust
for information on place-names. Finally, I would like to
thank the 2 anonymous reviewers and guest editor for their
valuable comments on the manuscript.
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Endnotes
1Forum post by Brian at http://www.shetlink.com/index.
php?/topic/992-gallows-hills. Posted 30 September 2006.
2The site Wilgi Geos in North-Roe was not included in
Smith’s initial paper as he did not consider it a likely
place of execution. However, the place-name has been
recorded by the Shetland Amenity Trust’s Place-Names
Project. Thus, the total number of sites discussed in this
paper is 15.
3Robert Cowie (1879:94f.) dated the event to the beginning
of the 18th century. However, Barbara Tulloch is referred
to as a “brunt witch” in the Tingwall Kirk Session of 1693
(Smith 2006). Cowie gives the name of the daughter as
Ellen King. She may be identical with Helen Stewart,
who according to George Sinclair (1685:177) was burnt
“a few years ago” together with her old mother. Following
Larner et al. (1977:221), Willumsen (2013:168) dates the
execution to 1675.
4Shetland Amenity Trust’s Place-Names Project has
mapped the name Gallow Hill at Eshaness on Watch
Hill, a knoll to the east of Braewick. The Gallow Hill at
Whalsay may be identical with Setter Hill near Marrister.
5“Gallows” on http://www.oed.com and http://www.etymonline.
com (accessed 22 July 2015).
6It has been suggested that the burnt spot may be much
younger and may rather have been caused by annual
bonfires that were held here until the 1990s (post by
“MuckleJoannie” from 12 October 2006 at http://www.
shetlink.com/index.php?/topic/992-gallows-hills/page-
2). However, accounts of the burnt area are consistent
and were reported as early as 1958 (recording available at
http://www.tobarandualchais.co.uk/fullrecord/35070/1.
Accessed 24 June 2014).
7Shetland Archives D27/1/94/18.
8Available online at http://www.tobarandualchais.co.uk/
fullrecord/81264/1 (recorded 1978; accessed 18 June
2014) and http://www.tobarandualchais.co.uk/fullrecord/
86149/1 (recorded 13 July 1976; accessed 18 June
2014).
9Available online at http://www.tobarandualchais.co.uk/
fullrecord/31547/1 (recorded 1955; accessed 18 June
2014).
10A written version of the story was published in the Shetland
Times of 27 January 1877.
11A record of the story, told by A. Couper in 1974, is
available on http://www.tobarandualchais.co.uk/fullrecord/
72926/1 (accessed 7 June 2014).
12Post by “Marjolein” on http://www.shetlink.com/index.
php?/topic/992-gallows-hills (posted 27 September
2006; accessed 11 June 2014). Others believe that the
Thief o da Neean came to his end in prison at Scalloway.
13Available online at http://www.tobarandualchais.co.uk/
fullrecord/78536/1 (Recorded 21 September 1975; accessed
10 June 2014)
14Available online at http://www.youtube.com/
watch?v=N0oBrfyyQx4 (uploaded 11 February 2009;
accessed 7 June 2014) and http://www.shetlink.com/
index.php?/topic/992-gallows-hills/page-2 (post by
‚brunalf‘ from 3 November 2008; accessed 7 June 2014).
15Posts by “Njugle” on http://www.shetlink.com/index.
php?/topic/992-gallows-hills (posted 26 September
2006, 30 September 2006 and 11 October 2006).
16Available online at http://www.themodernantiquarian.
com/site/12294/gallows_hill_hanging_stone.html (posted
by drewbhoy on 12 August 2009; accessed 24 June
2014).