CHAPTER XI

PERHAPS there is no country in which more laws have been framed, having

in view the extinction and suppression of the Gypsy name, race, and

manner of life, than Spain. Every monarch, during a period of three

hundred years, appears at his accession to the throne to have considered

that one of his first and most imperative duties consisted in suppressing

or checking the robberies, frauds, and other enormities of the Gitános,

with which the whole country seems to have resounded since the time of

their first appearance.

They have, by royal edicts, been repeatedly banished from Spain, under

terrible penalties, unless they renounced their inveterate habits; and

for the purpose of eventually confounding them with the residue of the

population, they have been forbidden, even when stationary, to reside

together, every family being enjoined to live apart, and neither to seek

nor to hold communication with others of the race.

We shall say nothing at present as to the wisdom which dictated these

provisions, nor whether others might not have been devised, better

calculated to produce the end desired. Certain it is, that the laws were

never, or very imperfectly, put in force, and for reasons with which

their expediency or equity (which no one at the time impugned) had no

connection whatever.

It is true that, in a country like Spain, abounding in wildernesses and

almost inaccessible mountains, the task of hunting down and exterminating

or banishing the roving bands would have been found one of no slight

difficulty, even if such had ever been attempted; but it must be

remembered, that from an early period colonies of Gitános have existed in

the principal towns of Spain, where the men have plied the trades of

jockeys and blacksmiths, and the women subsisted by divination, and all

kinds of fraud. These colonies were, of course, always within the reach

of the hand of justice, yet it does not appear that they were more

interfered with than the roving and independent bands, and that any

serious attempts were made to break them up, though notorious as

nurseries and refuges of crime.

It is a lamentable fact, that pure and uncorrupt justice has never

existed in Spain, as far at least as record will allow us to judge; not

that the principles of justice have been less understood there than in

other countries, but because the entire system of justiciary

administration has ever been shamelessly profligate and vile.

Spanish justice has invariably been a mockery, a thing to be bought and

sold, terrible only to the feeble and innocent, and an instrument of

cruelty and avarice.

The tremendous satires of Le Sage upon Spanish corregidors and alguazils

are true, even at the present day, and the most notorious offenders can

generally escape, if able to administer sufficient bribes to the

ministers {153} of what is misnamed justice.

The reader, whilst perusing the following extracts from the laws framed

against the Gitános, will be filled with wonder that the Gypsy sect still

exists in Spain, contrary to the declared will of the sovereign and the

nation, so often repeated during a period of three hundred years; yet

such is the fact, and it can only be accounted for on the ground of

corruption.

It was notorious that the Gitános had powerful friends and favourers in

every district, who sanctioned and encouraged them in their Gypsy

practices. These their fautors were of all ranks and grades, from the

corregidor of noble blood to the low and obscure escribano; and from the

viceroy of the province to the archer of the Hermandad.

To the high and noble, they were known as Chalanes, and to the plebeian

functionaries, as people who, notwithstanding their general poverty,

could pay for protection.

A law was even enacted against these protectors of the Gitános, which of

course failed, as the execution of the law was confided to the very

delinquents against whom it was directed. Thus, the Gitáno bought, sold,

and exchanged animals openly, though he subjected himself to the penalty

of death by so doing, or left his habitation when he thought fit, though

such an act, by the law of the land, was punishable with the galleys.

In one of their songs they have commemorated the impunity with which they

wandered about. The escribano, to whom the Gitános of the neighbourhood

pay contribution, on a strange Gypsy being brought before him, instantly

orders him to be liberated, assigning as a reason that he is no Gitáno,

but a legitimate Spaniard:—

‘I left my house, and walked about

They seized me fast, and bound:

It is a Gypsy thief, they shout,

The Spaniards here have found.

‘From out the prison me they led,

Before the scribe they brought;

It is no Gypsy thief, he said,

The Spaniards here have caught.’

In a word, nothing was to be gained by interfering with the Gitános, by

those in whose hands the power was vested; but, on the contrary,

something was to be lost. The chief sufferers were the labourers, and

they had no power to right themselves, though their wrongs were

universally admitted, and laws for their protection continually being

made, which their enemies contrived to set at nought; as will presently

be seen.

The first law issued against the Gypsies appears to have been that of

Ferdinand and Isabella, at Medina del Campo, in 1499. In this edict they

were commanded, under certain penalties, to become stationary in towns

and villages, and to provide themselves with masters whom they might

serve for their maintenance, or in default thereof, to quit the kingdom

at the end of sixty days. No mention is made of the country to which

they were expected to betake themselves in the event of their quitting

Spain. Perhaps, as they are called Egyptians, it was concluded that they

would forthwith return to Egypt; but the framers of the law never seem to

have considered what means these Egyptians possessed of transporting

their families and themselves across the sea to such a distance, or if

they betook themselves to other countries, what reception a host of

people, confessedly thieves and vagabonds, were likely to meet with, or

whether it was fair in the _two Christian princes_ to get rid of such a

nuisance at the expense of their neighbours. Such matters were of course

left for the Gypsies themselves to settle.

In this edict, a class of individuals is mentioned in conjunction with

the Gitános, or Gypsies, but distinguished from them by the name of

foreign tinkers, or Caldéros estrangéros. 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 Gitános, 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 Gitános reside.

‘2ndly. And in order to extirpate, in every way, the name of Gitános, 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 Gitános 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 Gitános 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 Gitános. By a law of the 20th of November 1692, he

inhibits the Gitános 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 Gitános

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 Gitános, 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 Gitános 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 Gitános, 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 Gitános 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

Gitános 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 Gitános, 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

Gitáno 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 Gitános 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 Gitános 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 Gitános

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 Gitános 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 Gitános 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 Gitános 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 Gitános 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 Gitános 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 Gitános, 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 Gitáno caste

or religion in Spain.

The Zincali: An Account of the Gypsies of Spain · 第 11 / 14 章