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第33章

the zincali-第33章

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have plied the trades of jockeys and blacksmiths; and the women 



subsisted by divination; and all kinds of fraud。  These colonies 



were; of course; always within the reach of the hand of justice; 



yet it does not appear that they were more interfered with than the 



roving and independent bands; and that any serious attempts were 



made to break them up; though notorious as nurseries and refuges of 



crime。







It is a lamentable fact; that pure and uncorrupt justice has never 



existed in Spain; as far at least as record will allow us to judge; 



not that the principles of justice have been less understood there 



than in other countries; but because the entire system of 



justiciary administration has ever been shamelessly profligate and 



vile。







Spanish justice has invariably been a mockery; a thing to be bought 



and sold; terrible only to the feeble and innocent; and an 



instrument of cruelty and avarice。







The tremendous satires of Le Sage upon Spanish corregidors and 



alguazils are true; even at the present day; and the most notorious 



offenders can generally escape; if able to administer sufficient 



bribes to the ministers (40) of what is misnamed justice。







The reader; whilst perusing the following extracts from the laws 



framed against the Gitanos; will be filled with wonder that the 



Gypsy sect still exists in Spain; contrary to the declared will of 



the sovereign and the nation; so often repeated during a period of 



three hundred years; yet such is the fact; and it can only be 



accounted for on the ground of corruption。







It was notorious that the Gitanos had powerful friends and 



favourers in every district; who sanctioned and encouraged them in 



their Gypsy practices。  These their fautors were of all ranks and 



grades; from the corregidor of noble blood to the low and obscure 



escribano; and from the viceroy of the province to the archer of 



the Hermandad。







To the high and noble; they were known as Chalanes; and to the 



plebeian functionaries; as people who; notwithstanding their 



general poverty; could pay for protection。







A law was even enacted against these protectors of the Gitanos; 



which of course failed; as the execution of the law was confided to 



the very delinquents against whom it was directed。  Thus; the 



Gitano bought; sold; and exchanged animals openly; though he 



subjected himself to the penalty of death by so doing; or left his 



habitation when he thought fit; though such an act; by the law of 



the land; was punishable with the galleys。







In one of their songs they have commemorated the impunity with 



which they wandered about。  The escribano; to whom the Gitanos of 



the neighbourhood pay contribution; on a strange Gypsy being 



brought before him; instantly orders him to be liberated; assigning 



as a reason that he is no Gitano; but a legitimate Spaniard:…











'I left my house; and walked about



They seized me fast; and bound:



It is a Gypsy thief; they shout;



The Spaniards here have found。







'From out the prison me they led;



Before the scribe they brought;



It is no Gypsy thief; he said;



The Spaniards here have caught。'











In a word; nothing was to be gained by interfering with the 



Gitanos; by those in whose hands the power was vested; but; on the 



contrary; something was to be lost。  The chief sufferers were the 



labourers; and they had no power to right themselves; though their 



wrongs were universally admitted; and laws for their protection 



continually being made; which their enemies contrived to set at 



nought; as will presently be seen。







The first law issued against the Gypsies appears to have been that 



of Ferdinand and Isabella; at Medina del Campo; in 1499。  In this 



edict they were commanded; under certain penalties; to become 



stationary in towns and villages; and to provide themselves with 



masters whom they might serve for their maintenance; or in default 



thereof; to quit the kingdom at the end of sixty days。  No mention 



is made of the country to which they were expected to betake 



themselves in the event of their quitting Spain。  Perhaps; as they 



are called Egyptians; it was concluded that they would forthwith 



return to Egypt; but the framers of the law never seem to have 



considered what means these Egyptians possessed of transporting 



their families and themselves across the sea to such a distance; or 



if they betook themselves to other countries; what reception a host 



of people; confessedly thieves and vagabonds; were likely to meet 



with; or whether it was fair in the TWO CHRISTIAN PRINCES to get 



rid of such a nuisance at the expense of their neighbours。  Such 



matters were of course left for the Gypsies themselves to settle。







In this edict; a class of individuals is mentioned in conjunction 



with the Gitanos; or Gypsies; but distinguished from them by the 



name of foreign tinkers; or Calderos estrangeros。  By these; we 



presume; were meant the Calabrians; who are still to be seen upon 



the roads of Spain; wandering about from town to town; in much the 



same way as the itinerant tinkers of England at the present day。  A 



man; half a savage; a haggard woman; who is generally a Spaniard; a 



wretched child; and still more miserable donkey; compose the group; 



the gains are of course exceedingly scanty; nevertheless this life; 



seemingly so wretched; has its charms for these outcasts; who live 



without care and anxiety; without a thought beyond the present 



hour; and who sleep as sound in ruined posadas and ventas; or in 



ravines amongst rocks and pines; as the proudest grandee in his 



palace at Seville or Madrid。







Don Carlos and Donna Juanna; at Toledo; 1539; confirmed the edict 



of Medina del Campo against the Egyptians; with the addition; that 



if any Egyptian; after the expiration of the sixty days; should be 



found wandering about; he should be sent to the galleys for six 



years; if above the age of twenty and under that of fifty; and if 



under or above those years; punished as the preceding law provides。







Philip the Second; at Madrid; 1586; after commanding that all the 



laws and edicts be observed; by which the Gypsies are forbidden to 



wander about; and commanded to establish themselves; ordains; with 



the view of restraining their thievish and cheating practices; that 



none of them be permitted to sell anything; either within or 



without fairs or markets; if not provided with a testimony signed 



by the notary public; to prove that they have a settled residence; 



and where it may be; which testimony must also specify and describe 



the horses; cattle; linen; and other things; which they carry forth 



for sale; otherwise they are to be punished as thieves; and what 



they attempt to sell considered as stolen property。







Philip the Third; at Belem; in Portugal; 1619; commands all the 



Gypsies of the kingdom to quit the same within the term of six 



months; and never to return; under pain of death; those who should 



wish to remain are to establish themselves in cities; towns; and 



villages; of one thousand families and upwards; and are not to be 



allowed the use of the dress; name; and language of Gypsies; IN 



ORDER THAT; FORASMUCH AS THEY ARE NOT SUCH BY NATION; THIS NAME AND 



MANNER OF LIFE MAY BE FOR EVERMORE CONFOUNDED AND FORGOTTEN。  They 



are moreover forbidden; under the same penalty; to have anything to 



do with the buying or selling of cattle; whether great or small。







The most curious portion of the above law is the passage in which 



these people are declared not to be Gypsies by nation。  If they are 



not Gypsies; who are they then?  Spaniards?  If so; what right had 



the King of Spain to send the 

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