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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