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第34章

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

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