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