the zincali-第34章
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not Gypsies; who are they then? Spaniards? If so; what right had
the King of Spain to send the refuse of his subjects abroad; to
corrupt other lands; over which he had no jurisdiction?
The Moors were sent back to Africa; under some colour of justice;
as they came originally from that part of the world; but what would
have been said to such a measure; if the edict which banished them
had declared that they were not Moors; but Spaniards?
The law; moreover; in stating that they are not Gypsies by nation;
seems to have forgotten that in that case it would be impossible to
distinguish them from other Spaniards; so soon as they should have
dropped the name; language; and dress of Gypsies。 How; provided
they were like other Spaniards; and did not carry the mark of
another nation on their countenances; could it be known whether or
not they obeyed the law; which commanded them to live only in
populous towns or villages; or how could they be detected in the
buying or selling of cattle; which the law forbids them under pain
of death?
The attempt to abolish the Gypsy name and manner of life might have
been made without the assertion of a palpable absurdity。
Philip the Fourth; May 8; 1633; after reference to the evil lives
and want of religion of the Gypsies; and the complaints made
against them by prelates and others; declares 'that the laws
hitherto adopted since the year 1499; have been inefficient to
restrain their excesses; that they are not Gypsies by origin or
nature; but have adopted this form of life'; and then; after
forbidding them; according to custom; the dress and language of
Gypsies; under the usual severe penalties; he ordains:…
'1st。 That under the same penalties; the aforesaid people shall;
within two months; leave the quarters (barrios) where they now live
with the denomination of Gitanos; and that they shall separate from
each other; and mingle with the other inhabitants; and that they
shall hold no more meetings; neither in public nor in secret; that
the ministers of justice are to observe; with particular diligence;
how they fulfil these commands; and whether they hold communication
with each other; or marry amongst themselves; and how they fulfil
the obligations of Christians by assisting at sacred worship in the
churches; upon which latter point they are to procure information
with all possible secrecy from the curates and clergy of the
parishes where the Gitanos reside。
'2ndly。 And in order to extirpate; in every way; the name of
Gitanos; we ordain that they be not called so; and that no one
venture to call them so; and that such shall be esteemed a very
heavy injury; and shall be punished as such; if proved; and that
nought pertaining to the Gypsies; their name; dress; or actions; be
represented; either in dances or in any other performance; under
the penalty of two years' banishment; and a mulct of fifty thousand
maravedis to whomsoever shall offend for the first time; and double
punishment for the second。'
The above two articles seem to have in view the suppression and
breaking up of the Gypsy colonies established in the large towns;
more especially the suburbs; farther on; mention is made of the
wandering bands。
'4thly。 And forasmuch as we have understood that numerous Gitanos
rove in bands through various parts of the kingdom; committing
robberies in uninhabited places; and even invading some small
villages; to the great terror and danger of the inhabitants; we
give by this our law a general commission to all ministers of
justice; whether appertaining to royal domains; lordships; or
abbatial territories; that every one may; in his district; proceed
to the imprisonment and chastisement of the delinquents; and may
pass beyond his own jurisdiction in pursuit of them; and we also
command all the ministers of justice aforesaid; that on receiving
information that Gitanos or highwaymen are prowling in their
districts; they do assemble at an appointed day; and with the
necessary preparation of men and arms they do hunt down; take; and
deliver them under a good guard to the nearest officer holding the
royal commission。'
Carlos the Second followed in the footsteps of his predecessors;
with respect to the Gitanos。 By a law of the 20th of November
1692; he inhibits the Gitanos from living in towns of less than one
thousand heads of families (vecinos); and pursuing any trade or
employment; save the cultivation of the ground; from going in the
dress of Gypsies; or speaking the language or gibberish which they
use; from living apart in any particular quarter of the town; from
visiting fairs with cattle; great or small; or even selling or
exchanging such at any time; unless with the testimonial of the
public notary; that they were bred within their own houses。 By
this law they are also forbidden to have firearms in their
possession。
So far from being abashed by this law; or the preceding one; the
Gitanos seem to have increased in excesses of every kind。 Only
three years after (12th June 1695); the same monarch deemed it
necessary to publish a new law for their persecution and
chastisement。 This law; which is exceedingly severe; consists of
twenty…nine articles。 By the fourth they are forbidden any other
exercise or manner of life than that of the cultivation of the
fields; in which their wives and children; if of competent age; are
to assist them。
Of every other office; employment; or commerce; they are declared
incapable; and especially of being BLACKSMITHS。
By the fifth; they are forbidden to keep horses or mares; either
within or without their houses; or to make use of them in any way
whatever; under the penalty of two months' imprisonment and the
forfeiture of such animals; and any one lending them a horse or a
mare is to forfeit the same; if it be found in their possession。
They are declared only capable of keeping a mule; or some lesser
beast; to assist them in their labour; or for the use of their
families。
By the twelfth; they are to be punished with six years in the
galleys; if they leave the towns or villages in which they are
located; and pass to others; or wander in the fields or roads; and
they are only to be permitted to go out; in order to exercise the
pursuit of husbandry。 In this edict; particular mention is made of
the favour and protection shown to the Gitanos; by people of
various descriptions; by means of which they had been enabled to
follow their manner of life undisturbed; and to baffle the severity
of the laws:…
'Article 16。 … And because we understand that the continuance in
these kingdoms of those who are called Gitanos has depended on the
favour; protection; and assistance which they have experienced from
persons of different stations; we do ordain; that whosoever;
against whom shall be proved the fact of having; since the day of
the publication hereof; favoured; received; or assisted the said
Gitanos; in any manner whatever; whether within their houses or
without; the said person; provided he is noble; shall be subjected
to the fine of six thousand ducats; the half of which shall be
applied to our treasury; and the other half to the expenses of the
prosecution; and; if a plebeian; to a punishment of ten years in
the galleys。 And we declare; that in order to proceed to the
infliction of such fine and punishment; the evidence of two
respectable witnesses; without stain or suspicion; shall be
esteemed legitimate and conclusive; although they depose to
separate acts; or three depositions of the Gitanos the