第 32 节
作者:
指环王 更新:2024-01-24 16:00 字数:9322
liberal opinions; which served to fan the flame of insurrection in
the new world; and eventually lost for Spain her transatlantic
empire。
We have said that he left behind him a favourable impression
amongst the generality of his countrymen; by which we mean the
great body found in every nation; who neither think nor reason; …
for there are amongst the Spaniards not a few who deny that any of
his actions entitle him to the gratitude of the nation。 'All his
thoughts;' say they; 'were directed to hunting … and hunting alone;
and all the days of the year he employed himself either in hunting
or in preparation for the sport。 In one expedition; in the parks
of the Pardo; he spent several millions of reals。 The noble
edifices which adorn Spain; though built by his orders; are less
due to his reign than to the anterior one; … to the reign of
Ferdinand the Sixth; who left immense treasures; a small portion of
which Carlos Tercero devoted to these purposes; squandering away
the remainder。 It is said that Carlos Tercero was no friend to
superstition; yet how little did Spain during his time gain in
religious liberty! The great part of the nation remained
intolerant and theocratic as before; the other and smaller section
turned philosophic; but after the insane manner of the French
revolutionists; intolerant in its incredulity; and believing more
in the ENCYCLOPEDIE than in the Gospel of the Nazarene。' (41)
We should not have said thus much of Carlos Tercero; whose
character has been extravagantly praised by the multitude; and
severely criticised by the discerning few who look deeper than the
surface of things; if a law passed during his reign did not connect
him intimately with the history of the Gitanos; whose condition to
a certain extent it has already altered; and over whose future
destinies there can be no doubt that it will exert considerable
influence。 Whether Carlos Tercero had anything farther to do with
its enactment than subscribing it with his own hand; is a point
difficult to determine; the chances are that he had not; there is
damning evidence to prove that in many respects he was a mere
Nimrod; and it is not probable that such a character would occupy
his thoughts much with plans for the welfare of his people;
especially such a class as the Gitanos; however willing to build
public edifices; gratifying to his vanity; with the money which a
provident predecessor had amassed。
The law in question is dated 19th September 1783。 It is entitled;
'Rules for repressing and chastising the vagrant mode of life; and
other excesses; of those who are called Gitanos。' It is in many
respects widely different from all the preceding laws; and on that
account we have separated it from them; deeming it worthy of
particular notice。 It is evidently the production of a
comparatively enlightened spirit; for Spain had already begun to
emerge from the dreary night of monachism and bigotry; though the
light which beamed upon her was not that of the Gospel; but of
modern philosophy。 The spirit; however; of the writers of the
ENCYCLOPEDIE is to be preferred to that of TORQUEMADA AND MONCADA;
and however deeply we may lament the many grievous omissions in the
law of Carlos Tercero (for no provision was made for the spiritual
instruction of the Gitanos); we prefer it in all points to that of
Philip the Third; and to the law passed during the reign of that
unhappy victim of monkish fraud; perfidy; and poison; Charles the
Second。
Whoever framed the law of Carlos Tercero with respect to the
Gitanos; had sense enough to see that it would be impossible to
reclaim and bring them within the pale of civilised society by
pursuing the course invariably adopted on former occasions … to see
that all the menacing edicts for the last three hundred years;
breathing a spirit of blood and persecution; had been unable to
eradicate Gitanismo from Spain; but on the contrary; had rather
served to extend it。 Whoever framed this law was; moreover; well
acquainted with the manner of administering justice in Spain; and
saw the folly of making statutes which were never put into effect。
Instead; therefore; of relying on corregidors and alguazils for the
extinction of the Gypsy sect; the statute addresses itself more
particularly to the Gitanos themselves; and endeavours to convince
them that it would be for their interest to renounce their much
cherished Gitanismo。 Those who framed the former laws had
invariably done their best to brand this race with infamy; and had
marked out for its members; in the event of abandoning their Gypsy
habits; a life to which death itself must have been preferable in
every respect。 They were not to speak to each other; nor to
intermarry; though; as they were considered of an impure caste; it
was scarcely to be expected that the other Spaniards would form
with them relations of love or amity; and they were debarred the
exercise of any trade or occupation but hard labour; for which
neither by nature nor habit they were at all adapted。 The law of
Carlos Tercero; on the contrary; flung open to them the whole
career of arts and sciences; and declared them capable of following
any trade or profession to which they might please to addict
themselves。 Here follow extracts from the above…mentioned law:…
'Art。 1。 I declare that those who go by the name of Gitanos are
not so by origin or nature; nor do they proceed from any infected
root。
'2。 I therefore command that neither they; nor any one of them
shall use the language; dress; or vagrant kind of life which they
have followed unto the present time; under the penalties here below
contained。
'3。 I forbid all my vassals; of whatever state; class; and
condition they may be; to call or name the above…mentioned people
by the names of Gitanos; or new Castilians; under the same
penalties to which those are subject who injure others by word or
writing。
'5。 It is my will that those who abandon the said mode of life;
dress; language; or jargon; be admitted to whatever offices or
employments to which they may apply themselves; and likewise to any
guilds or communities; without any obstacle or contradiction being
offered to them; or admitted under this pretext within or without
courts of law。
'6。 Those who shall oppose and refuse the admission of this class
of reclaimed people to their trades and guilds shall be mulcted ten
ducats for the first time; twenty for the second; and a double
quantity for the third; and during the time they continue in their
opposition they shall be prohibited from exercising the same trade;
for a certain period; to be determined by the judge; and
proportioned to the opposition which they display。
'7。 I grant the term of ninety days; to be reckoned from the
publication of this law in the principal town of every district; in
order that all the vagabonds of this and any other class may retire
to the towns and villages where they may choose to locate
themselves; with the exception; for the present; of the capital and
the royal residences; in order that; abandoning the dress;
language; and behaviour of those who are called Gitanos; they may
devote themselves to some honest office; trade; or occupation; it
being a matter of indifference whether the same be connected with
labour or the arts。
'8。 It will not be sufficient for those who have been formerly
known to follow this manner of life to devote themselves solely to
the occupation of shearing and clipping animals; nor to the traffic
of markets and fairs; nor still less to the occupation of keepers
of inns and ventas in uninhabited places; although they may be
innkeepers within towns; which employment shall be considered as
sufficient; provided always there be no well…founded indications of
their being delinquents themselves; or harbourers of such people。
'9。 At the expiration of ninety days; the justices shall proceed
against the disobedient in the following manner:… Those who; having
abandoned the dress; name; language or jargon; association; and
manners of Gitanos; and shall have moreover chosen and established
a domicile; but shall not have devoted themselves to any office or
employment; though it be only that of day…labourers; shall be
considered as vagrants; and be apprehended and punished according
to the laws in force against such people without any distinction
being made between them and the other vassals。
'10。 Those who henceforth shall commit any crimes; havi