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
exceedinglysevere, 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
in
capable, 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 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
severityof 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
utmostendeavour to
apprehendthese 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
takingrefuge 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
tobaccofabric at Seville, - half
fortress, half
manufactory, - and the Farol, at Coruna. We
suspect that these