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'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
Gitanos; 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 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; neith