Political Regulations on the Continent, respecting Gypsies.
* * * * *
To the ignorance and superstition of the middle age, must be attributed
the powerful ascendency which the Gypsies obtained over the minds of men.
In addition to the chiromantic deception, practised by the women, they
followed also the profession of exorcism; and were greatly in request
during the prevalence of a belief in witchcraft.
They were employed to cure bewitched cattle, and to loosen the spells of
enchantment; for which they had nostrums of various kinds, consisting of
roots and amulets, made of unfermented dough, marked with strong figures,
and dried in the sun.
For a long time little attention was paid to them, but at last the evil
became enormous, and complaints against them were so loud, that
Governments were constrained to take official notice of them. Exemplary
punishments were judged necessary; and, at length, the most cruel and
barbarous kinds were resorted to. What a blot upon the history of those
times, are the dreadful tortures of quartering alive, and breaking upon
the wheel! These means being insufficient to prevent the perpetration of
crimes; it was thought expedient to banish the Gypsies.
German waiters say, that King Ferdinand of Spain, who esteemed it a good
work to expatriate useful and profitable subjects--Jews, and even Moorish
families--could much less be guilty of an impropriety in laying hands on
the mischievous progeny of Gypsies. The edict for their extermination,
was published in the year 1492. But instead of passing the boundaries,
they only slunk into hiding-places, and shortly after appeared in as
great numbers as before.
The Emperor Charles V. persecuted them afresh; as did Philip II. also.
Since that time they have nestled in again, and have been also threatened
with another storm, but it has blown over without taking effect.
In France, Francis I. passed an edict for their expulsion; and at the
Assembly of the States of Orleans, in 1561, all Governors of cities
received orders to drive them away with fire and sword. Nevertheless, in
process of time, they had collected again, and increased to such a
degree, that, in 1612, a new order came out for their extermination.
In the year 1572, they were compelled to retire from the territories of
Milan and Parma; and at a period somewhat earlier, they were chased
beyond the Venetian jurisdiction. They were not allowed the privilege of
remaining unmolested in Denmark, as the code of Danish law specifies:
"The Tartars, _Gypsies_, who wander about every where, doing great damage
to the people, by their lies, thefts, and witchcraft, shall be taken into
custody by every magistrate."
Sweden was not more favourable, having attacked them at three different
times: A very sharp order for their expulsion came out in 1662. The Diet
of 1723 published a second, and that of 1727, repeated the foregoing with
additional severity.
They were excluded from the Netherlands under pain of death, partly by
Charles the Vth, and afterwards by the United States, in 1582. But the
greatest number of sentences of exile, have been pronounced against them
in Germany. The beginning was made under Maximilian I, at the Augsburgh
Diet, in 1500, where the following was drawn up, respecting those people
who call themselves Gypsies, roving up and down the country.
"By public edict, to all ranks of the empire, according to the
obligations under which they are bound to Us, and the Holy Empire; it is
strictly ordered, that in future they do not permit the said Gypsies,
since there is authentic evidence of their being spies, scouts, and
conveyers of intelligence, betraying the christians to the Turks, to pass
or remain within their territories; nor to trade; neither to grant them
protection, nor convoy. And that the said Gypsies do withdraw
themselves, before Easter next ensuing, from the German dominions;
entirely quit them, nor suffer themselves to be found therein: as in case
they should transgress after that time, and receive injury from any
person, they shall have no redress, nor shall such person be thought to
have committed any crime."
The same business occupied the attention of the Diet, in 1530, 1544,
1548, and 1551; and was also again enforced in the improved police
regulation of Frankfort, in 1577.
Several Princes were however so little attentive to these orders of the
empire, that instead of endeavouring to drive out the Gypsies, they on
the other hand, furnished them with passports and safe-conducts; but by
far the greater number exerted themselves to the utmost, to clear their
states of them.
Perhaps there is not any civilized state, Hungary and Transylvania
excepted, where this remedy has not been tried; but in the first place it
had very little effect, and that little was only temporary. Even if
every civilized nation had driven out the Gypsies at the same time,
Europe could not have been entirely cleared of them, so long as they
preserved an asylum in Turkey. Now as experience evinces there is no
country in which a constant, equal attention, is paid to the execution of
the laws, they would, in more, or less time, have again insinuated
themselves into the neighbouring countries; from these into others; and
have recommenced where they left off.
But a general extermination never did take place. The law for banishing
them passed in one state before it was thought of in the next, or when a
like order had long become obsolete, and sunk into oblivion. These
guests were therefore merely compelled to shift their quarters to an
adjoining state, where they remained till the Government, there, began to
clear them away, upon which the fugitives either retired back whence they
came, or went on progressively to a third place, thus making a continual
revolution.
Secondly, this remedy was premature: endeavouring to exterminate, was the
same as if a surgeon should proceed directly to the amputation of a
diseased limb, because it created inconvenience to the rest of the body.
Whereas the first inquiry ought to be, whether the disorder is of such a
nature as not to be removed, but by entire separation. This is a
desperate course, and should only be adopted, when no other can be
efficacious.
It is to be regretted that, not until the reign of the Empress Theresa,
does there appear to have been any plan laid down for the gaining over
these poor ignorant people to virtue, and to the state. Historians
represent that the wise dispositions she enjoined respecting the Gypsies
in Hungary, were intrusted to people inadequate to the task.
What was done, in her time, for the improvement of their condition, may
be seen by the following article extracted from the _Anzeigen aus den
Kayserl_, _Konigl Erblandern_, or Intelligence from the Hereditary
Imperial Royal Dominions.
"Since the year 1768, several decrees regarding these people have been
published in the country, _Hungary_, and the strictest orders despatched
to the several districts, in consequence. They were prohibited from
dwelling in huts, or tents; from wandering up and down the country; from
dealing in horses; from eating animals which died naturally, and carrion;
and from electing their own Wayda or Judge. It was intended to extirpate
the very name and language of these folks out of the country. They were
no longer to be called Gypsies, but New Boors, _Uj Magyar_; not to
converse any longer with each other in their own language, but in that of
any of the countries in which they had chosen to reside.
"Some months were to be allowed, after which they were to quit their
Gypsey manner of life, and settle like the other inhabitants, in cities
and villages; to build decent houses and follow some reputable business.
They were to procure Boors' clothing; to commit themselves to the
protection of some territorial superior, and live regularly."
Nevertheless, though these regulations were calculated for the good of
these people, and the state, the greater part were not in the smallest
degree benefited by them. In the year 1773, these orders were not only
repeated, but made more rigid; and as even this measure would not answer
the end, it was then thought necessary to proceed to extremity with them.
Wherefore it was ordered, that no Gypsey should have permission to marry,
who could not prove himself in condition to support a wife and children;
that from such Gypsies who had families, the children should be taken
away by force; removed from their parents, relations, and intercourse
with the Gypsey race. A beginning was made in some places; and where
they would not comply voluntarily, they were compelled to submit to the
decree.
At Fahlendorf, in Schutt, and in the district of Presburgh, all the
children of the New Boors, _Gypsies_, above five years old, were carried
away in waggons, during the night of the 21st of December, 1773, by
overseers appointed for that purpose; to order that, at a distance from
their parents, or relations, they might be more usefully educated, and
become accustomed to work. Those Boors who were willing to receive and
bring up these children, were paid eighteen guilders yearly from
Government.
On the 24th of April, 1774, between five and six o'clock in the morning,
the children of the Gypsies which had been growing up from December of
the foregoing year, were again removed from Fahlendorf, in Schutt, and
Hideghid, for the purpose of being put under the same course of
discipline as the others. Among the children taken away on this
occasion, was a girl fourteen years old, who was forced to be carried off
in her bridal state. She tore her hair for grief and rage, and was quite
beside herself with agitation: but she recovered a composed state of
mind; and, in 1776, in Fasching, obtained permission to accomplish her
marriage.
So far our intelligence is quoted from the Gazettes, by which we may see
how prudently every thing was concerted.
But it must be observed, although the publisher of this information
endeavours to conceal it, how little these salutary regulations were put
in force; there were scarcely two places in the kingdom where even an
endeavour was made to give them proper effect. This supineness must have
been unknown to the Emperor Joseph, or he would certainly again have
enforced these regulations, to all chiefs and governors, at the same time
that he gave orders for their being observed in Transylvania.
The tenor of the decree just mentioned, which was published in the year
1782, was consonant with the intention of Theresa, with regard to the
Hungarian Gypsies; namely, that those also in Transylvania should become
better men, and more useful inhabitants. For the accomplishment of this
end, it prohibits their wandering about, and living under tents; requires
that they become settled, and put themselves under some territorial
chief. In order to strike immediately at the root of the evil, necessary
and minute directions are given for the improvement of their religious
ideas and opinions; and, by correcting their vicious habits, for
rendering them good citizens.
First, with respect to religion, they must
1. Not only be taught the principles of religion themselves, but early
send their children to school.
2. Prevent as much as possible, their children running about naked in
the roads and streets, thereby giving offence and disgust to other
people.
3. In their dwellings, not permit their children to sleep promiscuously
by each other, without distinction of sex.
4. Diligently attend at church, particularly on Sundays and holidays, to
give proof of their Christian disposition.
5. Put themselves under the guidance of spiritual teachers, and conduct
themselves conformably to the rules laid down by them.
Secondly, with regard to their temporal conduct, and better mode of
living, they are bound
1. To conform to the custom of the country, in diet, dress, and
language: consequently to abstain from feeding on cattle which have died
of distempers; not to go about in such unseemly dresses; and to
discontinue the use of their own particular language.
2. Not to appear any more in large cloaks; which are chiefly useful to
hide things that have been stolen.
3. No Gypsey, except he be a gold-washer, shall keep a horse.
4. Also the gold-washers must refrain from all kinds of bartering at the
annual fairs.
5. The magistrates of every place must be very attentive that no Gypsey
waste his time in idleness; but at those seasons, when they have no
employment, either for themselves or any landholder, to recommend them to
some other person, with whom they shall be compelled to work for hire.
6. They are to be kept particularly to agriculture; therefore
7. It is to be observed, where possible, that every territorial Lord,
who takes any Gypsies under his jurisdiction, do allot them a certain
piece of ground to cultivate.
8. Whoever is remiss in his husbandry, shall be liable to corporal
punishment.
9. They shall be permitted to amuse themselves with music, or other
things, only when there is no field work for them to do.
Such were the regulations adopted by the Emperor Joseph II. for the
purpose of civilizing, and rendering good and profitable subjects,
upwards of eighty thousand of miserable wretches, ignorant of God and of
virtue.
_Grellmann_.