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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 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 penalt