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 G.o.d and of virtue.

_Grellmann_.

SECTION V.

The Gypsies in Great Britain.

The traits of character and the habits of the Gypsies on the Continent of Europe, exhibited in this work, are sufficient for an examination, in what degree these people correspond with those under the same denomination in England.

The earliest account which the writer of this section has been able to collect from British History, was printed in the year 1612; when a quarto work, by S. R. was published, to detect and expose the art of juggling and legerdemain; in which is the following description of the Gypsies.

"This kind of people, about a hundred years ago, beganne to gather an head, as the first heere, about the southerne parts. And this as I am informed, and can gather, was their beginning: Certain Egyptians banished their country, (belike not for their good conditions,) arrived heere in England, who for quaint tricks and devices, not known heere, at that time, among us, were esteemed, and had in great admiration; insomuch, that many of our English _Loyterers_ joined with them, and in time learned their craftie cosening.

"The speach which they used, was the right Egyptian language, with whom our Englishmen conversing, at least learned their language. These people continuing about the country, and practising their cosening art, purchased themselves great credit among the country people, and got much by palmistry, and telling of fortunes; insomuch, they pitifully cosened poor country girls, both of money, silver spoons, and the best of their apparelle, or any goods they could make."

From this author, it is collected, they had a leader of the name of _Giles Hather_, who was termed their King; and a woman of the name of _Calot_, was called Queen. "These riding through the country on horseback, and in strange attire, had a prettie traine after them."

After mentioning some of the laws pa.s.sed against them, this writer adds: "But what numbers were executed on these statutes you would wonder; yet, notwithstanding, all would not prevaile, but they wandered as before uppe and downe, and meeting once in a yeare at a place appointed; sometimes at the Peake's Hole in Derbyshire, and other whiles by Ketbroak at Blackheath."

About the same time, Spellman's Portrait of the Gypsey Fraternity seems to have been taken, ad vivum, and is as follows:

"Egyptiani, Erronum, Impostorumque genus nequissimum, in Continente ortum; sed ad Britannos nostras et Europam reliquam pervolans, nigredine deformes, excocti sole, immundi veste, et usu rerum omnium faedi, &c.;"

which may be thus translated, "Egyptians, the worst kind of wanderers and impostors, springing up on the Continent, but yet rapidly spreading themselves through Britain, and other parts of Europe, disfigured by their swarthiness; sun-burnt; filthy in their clothing, and indecent in all their customs, &c."

According to the first of these statements, the arrival of Gypsies in England might be about the year 1512; or ten years at least before the Statute of the 22d of Henry VIII; in the 10th chapter of which, they are described to be, "_An outlandish people_, _calling themselves Egyptians_, _using no crafte_, _nor feat of merchandise_; _who have come into this realm_, _and gone from shine to shire_, _and place to place in great company_; _and used great_, _subtle_, _and crafty means_, _to deceive the people_, _bearing them in hand_, _that they by palmistry could tell men's and yeomen's fortunes_; _and so_, _many times by crafte and subtlety have deceived the people of their money_; _and also have committed many heinous felonies and robberies_." Wherefore they are directed to avoid the realm, and not to return under pain of imprisonment, and forfeiture of their good and chattels; and upon their trials for any felonies which they may have committed, they shall not be ent.i.tled to a Jury _de medietate linguae_.

The Act pa.s.sed the 27th of the came reign goes farther, as will appear by the following abstract of it: "_Whereas certain outlandish people_, _who do not profess any crafte or trade whereby to maintain themselves_, _but go about in great numbers from place to place_, _using insidious_, _underhand means to impose on his Majesty's subjects_, _making them believe that they understand the art of foretelling to men and women their good and evil fortune_, _by looking in their hands_, _whereby they frequently defraud people of their money_; _likewise are guilty of thefts and highway robberies_: _it is hereby ordered that the said vagrants_, _commonly called Egyptians_, _in case they remain one month in the kingdom_, _shall be proceeded against as thieves and rascals_; _and on the importation of any such Egyptian_, _he_, (_the importer_) _shall forfeit_ 40 _for every trespa.s.s_."

By the above recited Acts of Parliament, it appears, that it was from their own representation of being Egyptians, they were so denominated in England; and that they did not on their arrival in this country, feign themselves, as in Germany, to be pilgrims; or as in France, to be penitents; neither of which impositions would have been well adapted to the temper of the government of Henry VIII; or to his subversion of papal power, and abolition of monastic influence. The character they a.s.sumed, was the best adapted to establish their reputation, for the arts and deception they intended to practise in England. The fame of Egypt in astrology, magic, and soothsaying, was universal; and they could not have devised a more artful expedient, than the profession of this knowledge, to procure for them a welcome reception by the great ma.s.s of the people.

From the abstract of the Act of 27th, Henry VIII, we may infer, that the Gypsies were so much in request, as to induce some of our countrymen to import them from the Continent, or at least to encourage their migration to this Island. The importation of these people must have been prevalent from some cause, to require parliamentary interference, and even a fine to prevent it, of such an amount as 40; which according to the relative value of money, would, at the present time, be equal to a large sum.

During the same reign, we find that a number of Gypsies were reshipped at the public expense, and sent to France.

In the Book of Receipts and Payments, of the 35th of Henry VIII. are the following entries.

"Nett Payments 1st Sept. 36th of Henry VIII,

"Item to Tho. Warner, Sergeant of the Admyraltie, 10th Sept. for victuals prepared for a shippe appointed to convey certaine Egupeians, 58s.-Item to the same Tho. Warner to th' use of John Bowles for freight of said shippe, 6 5s. Item to Robt. Ap. Rice, Esq. Shriff of Huntingdon for the charge of the Egupeians at a special gaile delivery, and the bringing of them to be conveied over the sees; over and besides the sum of 4. 5s.

0d. growing of seventeen horses, sold at five shillings {82} the piece, as apperythe by a particular book, 17. 17s. 7d. Item to Will. Wever appointed to have the charge of the conduct of the said Egupeians to Callis, 5."

There were subsequent acts relating to Gypsies in the reign of Ph. & M.; and 5th of Eliz.; by which, "_If any person being_ 14 _years old_, _whether natural born subject or stranger_, _who had been seen in the fellowship of such persons_, _or had disguised himself like them_, _should remain with them one month at once_, _or at several times_, _it should be felony without benefit of clergy_."

But notwithstanding these measures to extirpate Gypsies, Wraxall, in his History of France, Vol. II. page 32, in referring to the Act of Eliz. in 1563, states, that in her reign, the Gypsies throughout England were supposed to exceed ten thousand.

And it appears by the following Order of Sessions, copied from the Harleian M.S.S. British Museum, No. 364, that about the year 1586, there were great complaints of the increase of vagabonds and loitering persons, &c.

"Orders, Rules, and Directions, concluded, appointed, and agreed uppon, by us the Justices of the Peace, within the countie of Suffolk, a.s.sembled at our General Sessions of Peace, holden at Bury the 22d daie of Aprill, in the 31st yeare of the Raigne of our Souraigne Lady, the Queen's Majestie, for the punishinge and suppressinge of Roags, Vacabonds; idle, loyteringe, and lewde persons; which doe, or shall hereafter wander and goe aboute, within the hundreths of Thingo c.u.m Bury, Blackborne, Thedwardstree, Cosford, Babings, Risbridge, Lackford, and the half hundreth of Exninge, in the said countie of Suffolk, contrary to the law, in that case made and provided.

"Whereas, at the Parliement beganne and holden at Westminster, the 8th daie of Maye, in the 14th yeare of the raigne of the Queen's Majestie, that nowe is, one Acte was made, intytuled, "An Acte for punishment of Vacabonds, and for releife of the Pooere, and Impotent." And whereas, at a Session of the Parliament, holden by prorogacon, at Westminster, the eight daie of February, in the 28th yeare of her Majestie's raigne, one other Acte was made and intytuled, "An Acte for settinge of the Poore to work, and for the avoydinge of idleness." By vertue of which, severall Acts, certeyne provisions and remedies been ordeyned, and established, as well for the suppressinge, and punishinge of all roags, vacabonds, st.u.r.dy roags, idle and loyteringe persons; as also for the releife, and setting on worke of the aged and impotente persons within this realm; and authoritie gyven to Justices of Peace, in their several charges and commission, to see that the said Acts and Statuts be putte in due execution, to the glorie of Allmightie G.o.d, and the benefite of the common welth.

"And whereas also yt appeareth by dayly experience, that the number of idle, vagraunte, loyteringe, st.u.r.dy roags, masterles men, lewde and yll disposed persons are exceedingly encreased, and multiplied, committinge many grevious and outeragious disorders and offences, tendinge to the great . . . of Allmightie G.o.d, the contempte of her Majestie's laws, and to the great charge, troble, and disquiet of the common welth.-We the Justices of Peace, above speciefied, a.s.sembled and mett together at our general sessions above named, for remedie of theis and such lyke enormities which hereafter shall happen to arise or growe within the hundreths and lymits aforesaid, doe by theis presents, order, decree and ordeyne, That there shall be builded or provided one convenient house, which shall be called the House of Correction; and that the same be established within the towne of Bury, within the hundreth of Thingoe aforesaid. And that all persons offendinge or lyvinge contrary to the tenor of the said twoe Acts, within the hundreths and lymitts aforesaid, shal be, by the warrante of any Justice of Peace, dwellinge in the same hundreths or lymitts, committed thether and there be releived, punished, sett to worke, and ordered in such sorte, and accordinge to the directions, provisions, and limitations, hereafter in theis presents declared and specified.

"Fyrst, That yt maie appeare what persons arre to be apprehended, committed and brought to the House of Correction, it is ordered and appointed, That all and every person and persons which shal be found and taken within the hundreths and lymitts aforesaid, above the age of 14 yeares, and shall take upon them to be procters or procurators goinge aboute withowt sufficiente lycence from the Queen's Majestie. All idle persons goinge aboute usinge subtiltie and unlawfull games or plaie-all such as faynt themselves to have knowledge in phisiognomye, palmestrie or other abused sciences-all tellers of destinies, deaths or fortunes, and such lyke fantasticall imaginations."

From the tenor of the above Ordinance, it might be inferred that, at the time of issuing it, Gypsies, and their adherents, abounded in the County of Suffolk; and it may be concluded, that they continued to attach themselves to that part of the nation, as Judge Hale remarks, that "at one Suffolk a.s.size, no less than thirteen Gypsies were executed upon these Statutes, a few years before the restoration."

To the honour of our national humanity, however, Judge Blackstone observes, there are no instances more modern than this, of carrying these laws into practice; and the last, sanguinary act is itself now repealed.

The severe statute of 5th Eliz. c. 20 is repealed by 23d Geo. III. c.

51-and Gypsies are now only punishable under the Vagrant Act, which declares, "that all persons pretending to be Gypsies, or wandering in the habit, and form of Egyptians, shall be deemed rogues, and vagabonds."-17th Geo. II. c. 5.

In Scotland, these people seemed for a time to enjoy some share of indulgence; for a writ in favour of John Faw, Lord and Earl of Upper Egypt, was issued by Mary, Queen of Scots, 1553; and in 1554, he obtained a pardon for the murder of Numan Small.

In 1579, however all the legislative provisions respecting vagrants, beggars, &c. in Scotland, were reduced into one law, by the following very comprehensive statute: "Forameikle as there is sindrie loyabil Acts of Parliament, maid be our soveraine Lord's maist n.o.bil progenitours, for the stanching of maisterful and idle beggars, away putting of Sornares, and provision for the pure: bearing that nane sall be thoiled to beg, nouther to burgh, nor to land, betwixt 14 and 70 zeires.

"That sik as make themselves fules, and ar bairdes, or uther sik like runners about, being apprehended, sall be put into the Kinge's waird, or irones, sa lang as they have ony gudes of their awin to live on. And fra they have not quhairupon to live of their awin, that their eares be nayled to the trone, or to an uther tree, and their eares cutted off, and banished the countrie; and gif thereafter they be found againe, that they be hanged.

"And that it may be knowen, qwhat maner of persones ar meaned to be idle and strang begares, and vagabounds, and warthy of the punischement before specified, it is declared: "That all idle persones ganging about in ony countrie of this realm, using subtil, craftie, and unlawful playes, as juglarie, fast-and-lous, and sik uthers; the idle peopil calling themselves _Egyptians_, or any uther, that feinzies themselves to have a knawledge or charming prophecie, or other abused sciences, qwairby they perswade peopil, that they can tell their weirds, {89} deathes, and fortunes, and sik uther phantastical imaginations, &c."

Notwithstanding this law, a writ of Privy Seal, dated 1594, supports John Faw, Lord and Earl of Little Egypt, in the execution of justice upon his company of folk, conform to the laws of Egypt, in punishing certain persons there named, who had rebelled against him, left him, robbed him, and refused to return home with him.