as a
vagabond for the murder of Abel. ERO VAGUS ET PROFUGUS IN
TERRA: OMNIS IGITUR QUI INVENERIT ME, OCCIDET ME. Now, the IGITUR
stands here as the natural
consequence of VAGUS ERO; as it is
evident, that
whoever shall see me must kill me, because he sees me
a
wanderer" target="_blank" title="n.流浪者">
wanderer. And it must always be remembered, that at that time
there were no people in the world but the parents and brothers of
Cain, as St. Ambrose has remarked. Moreover, God, by the mouth of
Jeremias, menaced his people, that all should
devour them whilst
they went
wandering
amongst the mountains. And it is a doctrine
entertained by theologians, that the mere act of
wandering, without
anything else, carries with it a
vehementsuspicion of capital
crime. Nature herself demonstrates it in the curious political
system of the bees, in whose well-governed
republic the drones are
killed in April, when they
commence working.
'The third, because they are stealers of four-footed beasts, who
are condemned to death by the laws of Spain, in the wise code of
the famous King Don Alonso; which
enactment became a part of the
common law.
'The fourth, for wizards,
diviners, and for practising arts which
are prohibited under pain of death by the
divine law itself. And
Saul is praised for having caused this law to be put in execution
in the
beginning of his reign; and the Holy Scripture attributes to
the
breach of it (
namely, his consulting the witch) his disastrous
death, and the
transfer of the kingdom to David. The Emperor
Constantine the Great, and other
emperors who founded the civil
law, condemned to death those who should
practise such
facinorousness, - as the P
resident of Tolosa has written.
'The last and most
urgent cause is, that they are heretics, if what
is said be truth; and it is the practice of the law in Spain to
burn such.
'THE GITANOS ARE EXPELLED FROM THE COUNTRY BY THE LAWS OF SPAIN
'Firstly, they are comprehended as hale beggars in the law of the
wise king, Don Alonso, by which he expelled all
sturdy beggars, as
being idle and
useless.
'Secondly, the law expels public harlots from the city; and of this
matter I have already said something in my second chapter.
'Thirdly, as people who cause
scandal, and who, as is
visible at
the first glance, are prejudicial to morals and common decency.
Now, it is established by the
statute law of these kingdoms, that
such people be expelled therefrom; it is said so in the well-
pondered words of the edict for the
expulsion of the Moors: "And
forasmuch as the sense of good and Christian government makes it a
matter of
conscience to expel from the kingdoms the things which
cause
scandal,
injury to honest subjects, danger to the state, and
above all, disloyalty to the Lord our God." Therefore, considering
the incorrigibility of the Gitanos, the Spanish kings made many
holy laws in order to deliver their subjects from such pernicious
people.
'Fourthly, the Catholic
princes, Ferdinand and Isabella, by a law
which they made in Medina del Campo, in the year 1494, and which
the
emperor our lord renewed in Toledo in 1523, and in Madrid in
1528 and 1534, and the late king our lord, in 1560,
banished them
perpetually from Spain, and gave them as slaves to whomsoever
should find them, after the expiration of the term specified in the
edict - laws which are
notorious even
amongst strangers. The words
are:- "We declare to be
vagabonds, and subject to the aforesaid
penalty, the Egyptians and foreign tinkers, who by laws and
statutes of these kingdoms are commanded to depart therefrom; and
the poor
sturdy beggars, who
contrary to the order given in the new
edict, beg for alms and
wander about."
'THE LAWS ARE VERY JUST WHICH EXPEL THE GITANOS FROM THE STATES
All the doctors, who are of opinion that the Gitanos may be
condemned to death, would consider it as an act of mercy in your
Majesty to
banish them perpetually from Spain, and at the same time
as
exceedingly just. Many and
learned men not only consider that
it is just to expel them, but cannot
sufficiently wonder that they
are tolerated in Christian states, and even consider that such
toleration is an
insult to the kingdoms.
'Whilst engaged in
writing this, I have seen a very
learnedmemorial, in which Doctor Salazar de Mendoza makes the same
supplication to your Majesty which is made in this
discourse,
holding it to be the
imperious duty of every good government.
'It stands in reason that the
prince is bound to watch for the
welfare of his subjects, and the wrongs which those of your Majesty
receive from the Gitanos I have already exposed in my second
chapter; it being a point
worthy of great
consideration that the
wrongs caused by the Moriscos moved your royal and
merciful bosom
to drive them out, although they were many, and their departure
would be felt as a loss to the population, the
commerce, the royal
revenues, and
agriculture. Now, with respect to the Gitanos, as
they are few, and
perfectlyuseless for everything, it appears more
necessary to drive them forth, the injuries which they cause being
so numerous.
'Secondly, because the Gitanos, as I have already said, are
Spaniards; and as others
profess the
sacred orders of religion,
even so do these fellows
profess gypsying, which is
robbery and all
the other vices enumerated in chapter the second. And
whereas it
is just to
banish from the kingdom those who have committed any
heavy delinquency, it is still more so to
banish those who
professto be
injurious to all.
'Thirdly, because all the kings and rulers have always endeavoured
to eject from their kingdoms the idle and
useless. And it is very
remarkable, that the law
invariably commands them to be expelled,
and the
republics of Athens and Corinth were accustomed to do so -
casting them forth like dung, even as Athenaeus writes: NOS GENUS
HOC MORTALIUM EJICIMUS EX HAC URBE VELUT PURGAMINA. Now the
profession of the Gypsy is idleness.
'Fourthly, because the Gitanos are
diviners, enchanters, and
mischievous wretches, and the law commands us to expel such from
the state.
'In the fifth place, because your Majesty, in the Cortes at present
assembled, has obliged your royal
conscience to
fulfil all the
articles voted for the public service, and the forty-ninth says:
"One of the things at present most necessary to be done in these
kingdoms, is to afford a
remedy for the robberies, plundering and
murders committed by the Gitanos, who go
wandering about the
country, stealing the cattle of the poor, and committing a thousand
outrages, living without any fear of God, and being Christians only
in name. It is
therefore deemed
expedient, that your Majesty
command them to quit these kingdoms within six months, to be
reckoned from the day of the
ratification of these presents, and
that they do not return to the same under pain of death."
'Against this, two things may possibly be urged:-
'The first, that the laws of Spain give unto the Gitanos the
alternative of residing in large towns, which, it appears, would be
better than expelling them. But experience, recognised by grave
and
respectable men, has shown that it is not well to harbour these
people; for their houses are dens of
thieves, from
whence they
prowl
abroad to rob the land.
'The second, that it appears a pity to
banish the women and
children. But to this can be opposed that holy act of your Majesty
which expelled the Moriscos, and the children of the Moriscos, for
the reason given in the royal edict. WHENEVER ANY DETESTABLE CRIME
IS COMMITTED BY ANY UNIVERSITY, IT IS WELL TO PUNISH ALL. And the
most detestable crimes of all are those which the Gitanos commit,
since it is
notorious that they
subsist on what they steal; and as
to the children, there is no law which obliges us to bring up wolf-
whelps, to cause here-after certain damage to the flock.
'IT HAS EVER BEEN THE PRACTICE OF PRINCES TO EXPEL THE GITANOS
'Every one who considers the manner of your Majesty's government as
the truly Christian pattern must
entertainfervent hope that the
advice proffered in this
discourse will be attended to; more
especially on reflecting that not only the good, but even the most
barbarous kings have acted up to it in their
respective dominions.
'Pharaoh was bad enough,
nevertheless he judged that the children