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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 themselves; MADE 



UPON THE RACK; although they relate to separate and different acts 



of abetting and harbouring。'







The following article is curious; as it bears evidence to Gypsy 



craft and cunning:…







'Article 18。 … And whereas it is very difficult to prove against 



the Gitanos the robberies and delinquencies which they commit; 



partly because they happen in uninhabited places; but more 



especially on account of the MALICE and CUNNING with which they 



execute them; we do ordain; in order that they may receive the 



merited chastisement; that to convict; in these cases; those who 



are called Gitanos; the depositions of the persons whom they have 



robbed in uninhabited places shall be sufficient; provided there 



are at least two witnesses to one and the same fact; and these of 



good fame and reputation; and we also declare; that the CORPUS 



DELICTI may be proved in the same manner in these cases; in order 



that the culprits may be proceeded against; and condemned to the 



corresponding pains and punishments。'







The council of Madrid published a schedule; 18th of August 1705; 



from which it appears that the villages and roads were so much 



infested by the Gitano race; that there was neither peace nor 



safety for labourers and travellers; the corregidors and justices 



are therefore exhorted to use their utmost endeavour to apprehend 



these outlaws; and to execute upon them the punishments enjoined by 



the preceding law。  The ministers of justice are empowered to fire 



upon them as public enemies; wherever they meet them; in case of 



resistance or refusal to deliver up the arms they carry about them。







Philip the Fifth; by schedule; October 1st; 1726; forbade any 



complaints which the Gitanos might have to make against the 



inferior justices being heard in the higher tribunals; and; on that 



account; banished all the Gypsy women from Madrid; and; indeed; 



from all towns where royal audiences were held; it being the custom 



of the women to flock up to the capital from the small towns and 



villages; under pretence of claiming satisfaction for wrongs 



inflicted upon their husbands and relations; and when there to 



practise the art of divination; and to sing obscene songs through 



the streets; by this law; also; the justices are particularly 



commanded not to permit the Gitanos to leave their places of 



domicile; except in cases of very urgent necessity。







This law was attended with the same success as the others; the 



Gitanos left their places of domicile whenever they thought proper; 



frequented the various fairs; and played off their jockey tricks as 



usual; or traversed the country in armed gangs; plundering the 



small villages; and assaulting travellers。







The same monarch; in October; published another law against them; 



from St。 Lorenzo; of the Escurial。  From the words of this edict; 



and the measures resolved upon; the reader may form some idea of 



the excesses of the Gitanos at this period。  They are to be hunted 



down with fire and sword; and even the sanctity of the temples is 



to be invaded in their pursuit; and the Gitanos dragged from the 



horns of the altar; should they flee thither for refuge。  It was 



impossible; in Spain; to carry the severity of persecution farther; 



as the very parricide was in perfect safety; could he escape to the 



church。  Here follows part of this law:…







'I have resolved that all the lord…lieutenants; intendants; and 



corregidors shall publish proclamations; and fix edicts; to the 



effect that all the Gitanos who are domiciled in the cities and 



towns of their jurisdiction shall return within the space of 



fifteen days to their places of domicile; under penalty of being 



declared; at the expiration of that term; as public banditti; 



subject to be fired at in the event of being found with arms; or 



without them; beyond the limits of their places of domicile; and at 



the expiration of the term aforesaid; the lord…lieutenants; 



intendants; and corregidors are strictly commanded; that either 



they themselves; or suitable persons deputed by them; march out 



with armed soldiery; or if there be none at hand; with the 



militias; and their officers; accompanied by the horse rangers; 



destined for the protection of the revenue; for the purpose of 



scouring the whole district within their jurisdiction; making use 



of all possible diligence to apprehend such Gitanos as are to be 



found on the public roads and other places beyond their domiciliary 



bounds; and to inflict upon them the penalty of death; for the mere 



act of being found。







'And in the event of their taking refuge in sacred places; they are 



empowered to drag them forth; and conduct them to the neighbouring 



prisons and fortresses; and provided the ecclesiastical judges 



proceed against the secular; in order that they be restored to the 



church; they are at liberty to avail themselves of the recourse to 



force; countenanced by laws declaring; even as I now declare; that 



all the Gitanos who shall leave their allotted places of abode; are 



to be held as incorrigible rebels; and enemies of the public 



peace。'







From this period; until the year 1780; various other laws and 



schedules were directed against the Gitanos; which; as they contain 



nothing very new or remarkable; we may be well excused from 



particularising。  In 1783; a law was passed by the government; 



widely differing in character from any which had hitherto been 



enacted in connection with the Gitano caste or religion in Spain。















CHAPTER XII















CARLOS TERCERO; or Charles the Third; ascended the throne of Spain 



in the year 1759; and died in 1788。  No Spanish monarch has left 



behind a more favourable impression on the minds of the generality 



of his countrymen; indeed; he is the only one who is remembered at 



all by all ranks and conditions; … perhaps he took the surest means 



for preventing his name being forgotten; by erecting a durable 



monument in every large town; … we do not mean a pillar surmounted 



by a statue; or a colossal figure on horseback; but some useful and 



stately public edifice。  All the magnificent modern buildings which 



attract the eye of the traveller in Spain; sprang up during the 



reign of Carlos Tercero; … for example; the museum at Madrid; the 



gigantic tobacco fabric at Seville; … half fortress; half 



manufactory; … and the Farol; at Coruna。  We suspect that these 



erections; which speak to the eye; have gained him far greater 



credit amongst Spaniards than the support which he afforded to 



liberal opinions; which served to fan the flame of insurrection in 



the new world; and eventu

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