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A12674 A proclamation for reformation, published and commanded (to be obserued as law) by the high and mighty Philip the fourth, King of Spaine, for the gouernment of his kingdomes. Containing 23. seuerall chapters, wherein his Maiesty with the aduise of his councels hath ordered, and reformed many notorious abuses in the commonwealth. Faithfully translated out of the originall Spanish coppy printed by his Maiesties command; Proclamations. 1623 Feb. 10. English Spain. Sovereign (1621-1665 : Philip IV); Philip IV, King of Spain, 1605-1665. 1623 (1623) STC 22992.9; ESTC S126332 31,941 96

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or penitence and the yeare wherein it was giuen with expression of the person whom it concerneth of the Church or the party where he is of the parentage which hee hath with the plaintiff or with other individuos so particular which truly induce the minde that it is no malice And also they may admit the same when they shall manifest writings with equall qualities to the sayings or in case of citing of witnesses the same shall bee giuen before the Informer or Deputy for in such case they may examine the witnesses which therein are cited as the Informer might examine them by himselfe and so shall giue no credit as being cited in the memoriall but for so much as shall be said being examined Besides the words which haue beene spoken in difference or extrajudicially in corrillos or in conuersations doe not withstand nor shall not be an hinderance to the acts of Nobilitie and purenesse wheresoeuer the same are divulged and dispersed and being come to the notice of many that the witnesses shall depose thereupon as not hauing more notice of the qualitie of the plaintiffe then to haue heard the same nor if hee had not cause nor reason to speake the same shall not be an hinderance to the pretention of Noblenesse and purenesse as if it had not proceeded nor shall not be grounded in another beginning but if there be verification made thereof by the Informers they shall finde that there was a ground to declare it because the person was noted or by other reasons of writings Sanbenito penitences It is Our will that they worke as the Lawe shall permit because in such a case the words shall not worke by them-selues but the cause and ground which there is against the Plaintisse although the same are not declared ITem Because all matters haue their limits and termes to make them certaine to the end the same may hereafter bee held for such as being passed in an adjudged matter it is considered that those of this quality should not holde the same but rather a perpetuall disposition and that after many positiue acts of Noblenesse and purenesse obtayned and iustly by the ordinary and iuridicall meanes the same shall not be executed because the descendents by right line require Law but remaine subiect that the effects of hatred and malice which doe daily experiment are more powerfull then the authority of the adjudged matter and that the vehement presumption doth ouercome the truth against the which the Law can hardly finde entrance We doe ordaine and command that in the quarter or quarters in the which there shall be thee positiue Acts of clearnes and Noblenesse euery one in the Act wherein hee shall require shall holde for being passed in an adjudged matter and shall bee executed and by vertue thereof to require a Royall due for the descendents by a right line for to remaine qualified by Nobles and purenesse for all the Acts which shall be offered by the said party and sufficiently to proue the descendence of the persons which obtayned the said three Acts as it is treated in the Hidalguias And it is to be vnderstood that although the said three Acts haue beene gained in sundry Courts Tribunals Communalties or Colledges or in one onely and in respect of a quarter or of two or of all as the Acts shall comprehend them But if the three shall not bee accomplished and shall haue onely one or two Wee declare That the same shall not bee giuen as passed in an adjudged matter nor the descendents shall not require any right and are to make new proofes of that quality in the ordinary forme and comming to three it shall cause the said Royall due and comprehend it AND because the three Acts doe worke presumption of truth it shall thereby bee executed for the descendents it is iust that they be of graue Tribunals and whole ones where with due knowledge of the cause the matter shall bee treated and determined of We doe ordaine and command that the said three Acts for to worke the effect here before mentioned are to bee of the Inquisition wherein there shall be familiatures of the Councell of the orders and of the Religion of St. Iohn or of the holy Church of Toledo or of the foure great Colledges of Salamanca and of the two greatest of Alcala and Valladolid and of no other Tribunall Church Colledge or any Communalty ANd because according to law sometimes they returne vpon an adiudged matter or by new instruments or because it hath appeared that those which haue beene presented were false and for other causes enacted by Law alwayes in this matter We doe ordaine and command that the three Acts in forme aforesaid in such manner shall make an adiudged matter and occasion right to the descendents that although after the same there shall be discouered any thing or reason which might be hinderfull if the same had beene knowne before by any of them the authority and effect of the adiudged matter shall be conserued and remaine in his force and vigor for it is more credit for the said noblenesse and cleannesse to sustaine three califications wherewith it is approued then to discouer although it is by accident to whose knowledge it came who gaue it and persons haue enioyed the same to whom it appertained not Moreouer because many persons with malice naturall curiosity more then for conueniency or other good effect do keep in their power bookes which they call Verdes or of leather and Registers and Catalogues of descendents fabricated without more authority nor cause then that which his owne indignation hath offered wherby there hath and do arise vnreparable iniust damages as well of the noblenesse as of the gouernment and publique quietnesse because there was onely seene written in these bookes and Registers certaine Families they qualifie them for noted and the deposition of one witnesse who hath seene the same or hath heard say that the same were it is not enough for defence being ordinarily the most surest that they haue no substance nor know not the cause and ground of their beginning Wee doe ordayne and command that no person of what estate quality and condition soeuer hee bee shall not nor may not keepe any booke in his power Register nor Catalogue nor other paper wherein it is treated of the clearnesse of Families or descendences and that he burne those which hee hath vpon penalty of fiue hundred Duccats to be applyed in three parts for the Chamber Iudge and Denunciator and two yeares banishment from the place where hee is an Inhabitant and from this Court fiue leagues ITem because in some Councels and Tribunals particularly in that of the Inquisition in the first institution it is vnderstood that some persons which were called before them examined be themselues and of their quality confessed some things which were not true nor had cause nor reason for it and such like Confessions haue prejudiced their Descendents being
the ordinarie Iustice shall allow of any lawfull exception which being conformable to right may make it suspitious who may not take other officers for the execution of the Commission but those of the ordinary Iustice of that part where the businesse ought to be done without greater wages then their ordinary Fees ANd also Wee doe command that the Commission of the Kingdome and the receiver thereof and the receiver generall of the Fines and Amercement of the Starre chamber and the rest of the Tribunalles Chanceries Audiences Citties Townes and Villages of the Kingdome Treasurers Collectors or the particular places by the divisions which haue or shall be made may not henceforward send Iudges or executors of Commissions for the recovery of any thing but that the said recoveries be remitted to the ordinary Iustice ANd because there haue beene found the same iniuries both in the vniversall and particular of this Kingdome by the Iudges and executors of Commissions which are sent by vertue of contracts made betweene parties for the execution of them Wee ordaine and command that from henceforth the said Iudges and Executors may not be sent But it is Our will and pleasure that all those who by particular contract made before the publication of this Statute haue cautelated the recoverie of their debts by destinating submitting and agreeing to send a Commissioner at the charge of the debtor may doe it by vertue of the said contracts and writings because they may not be defrauded of the securitie and condition in confidence whereof they delivered their goods and without the which peradventure they had not delivered them and because in some contracts and writings the parties haue not beene contented to capitulate that they may send a Commissioner but also another person with him and both at the charge of the debtor the which in substance is not necessary for the Recoverie and onely causeth expenses and oftentimes an impossibilitie in the Debtor to discharge the principall whereby is occasioned his vndoing Wee ordaine that the Creditour in whose favour the said contracts with the said qualities are made may onely send a Commissioner or Recoverer so that one onely be sent and that he haue onely one Fee ANd because for the iustification of the titles of some Offices and of the Fees and preheminences which by vertue therof appertaine to the owners and proprieters there are certaine Iudges called Iudges of preservation of Titles Wee command that from hence-forth the said Iudges be not so called or styled and Wee doe disanull and pronounce such appellations to be voyde and of none effect and estimation And Wee doe command that those that haue them forbeare to vse them vnder the penaltie of two hundred Ducats to be disposed in three parts whereof the first to Our Exchequer the next to the Iudge and the third to the Informer and that the parties repaire to the ordinary Iustice for the maintenance of the Title of the said Office and the preheminences and rights that by reason thereof belong vnto them ANd because ioyntly by providing the remedie of the mischiefes mentioned wee must cautelate and nicely looke vnto the matters and that by committing them to the ordinary Iustices they may not faile to haue the security and effects which are fitting as well in the substance as in the time and manner how great soever the presumptiō be in favour of the Iustices aswell in respect of the equalitie of their persons as of their office and place and therefore seeing they are credited being of publique government and so important in the Common-wealth any other diligence or employment may be committed to their trust with assurance that they will more carefully discharge them then other Commissioners notwithstanding that herein no occasion of danger may remaine VVee ordaine and command that if the said ordinary Iustices shall not wholy performe the businesses and causes which shall be committed vnto them with the punctualitie and care as shall be appointed and set downe by the writings and contracts which they shall haue to execute then a Commissary to be sent at the charge of the partie which may doe and execute it in the time and with the Fees as the qualitie of the matter shall require and as shall be appointed by the Councell Tribunall or person to whom they shall remit the said cause BVt it is not Our will or desire to make alterations in the proofes of Gentrie nor in the persons or Officers which are sent to the qualifying of Nobilitie or Dignitie by the Councell of the Orders because herein VVee will that the auncient Lawes and Ordinances be observed and the stile and vse where-withall it is practised Chap. IIII. That Fiats of Examination of Clearkes of these Kingdomes be not allowed for the space of twentie yeares IN like manner by reason of the inconveniences which haue redounded to the common-wealth by the facilitie of admitting and allowing the Titles of Clarkes of these Kingdomes and the excessiue number wherevnto haue amounted the Offices with little conveniencie of government and with preiudice to the administration of Iustice and ease of Our Subiects Wee did ordaine and command at the request of the Kingdome in the last Parliament that for the space of sixe yeares a Fiat of Clearke might not be allowed to any person of any condition whatsoever or for any title or cause as more at large is contained in the Act which Wee commanded to be published wherevnto VVe refer Vs because the excessiue number of Clearkes and the preiudices which thence arise is daily more and more discovered and that by the suspension for the said time of sixe yeares the sufficient remedy cannot be provided VVee doe command that the said terme of sixe yeares wherein as aforesaid a Fiat of a Clearke of these Kingdomes ought not to be graunted nor any person examined for the title of it be and be vnderstood to be the terme of twentie yeares in the whole that within the said time none may be allowed and the contents of the said Law observed ANd for to prevent the fraudes and deceipts which are committed in Declarations by the Clearkes of the writing offices of the Number and Realities Wee command the acts in this case provided by Our Councell be observed In like manner because it greatly importeth to the good government and administration of Iustice and prevention of the excesses which are found so preiudiciall to Our Subiects Wee ordaine and command that the Clearks of Criminall Pleas Common Pleas of Assises and Number of the Provinces and Realities in taking of Fees and setting them downe for the actions and writts which they shall make obserue and keepe that which is ordained by the Statutes and Lawes in this case provided and that neither by themselues nor by any other person interposed they receiue any more or any other thing vnder the punishments therein contained and the losse of their office and if they be not the proprietors therof then
Our Royall hand the day of the date hereof Chap. II. That Suters may not reside in the Court in any one yeare aboue thirtie dayes LIkewise Because by the long and continuall residence and great concourse of Suters in this Court there ariseth preiudice to their houses and families by the forsaking and necessity wherein they leaue them and to their owne professions seeing they cannot exercise them nor employ the time with that decencie and profit as beseemeth and to the Offices Commissions and other occupations when they obtaine them because they haue lesse abilitie and disposition then is requisite for the better exercise and more secure administration of Iustice and for other considerations of equall importance other grivances haue beene acknowledged Wee ordaine and command that what person soever that pretendeth Ecclesiasticall office or Secular Commission Temporall charge or place may come and prosecute his Sute in this Our Court and present the reasons and titles thereof for the space of thirtie dayes in every yeare and no more and shall be bound to record the time of their entrance and departure before the Secretary of the Councell where the Sute shall depend And likewise the Suters which haue now Sutes depending in this Our Court ought to be Registred within fifteene dayes and to depart within thirtie following according to the forme prescribed and not bringing a Certificate from the Register of his entrance may not haue audience not be heard by any officer nor haue counsell or advise Chap. III. That Commissioners nor executors of Commission may be sent ANd because that by the sending of Commissioners and executors of Commissions grievous inconveniences haue beene observed not onely in the government and administration of Iustice but in the quietnesse comfort and estate of our Subiects seeing that where they ought to haue proceeded with equitie and Iustice that the effects which from thence are wont to arise to the service of God and Vs and the good of this Common-wealth might follow they haue in that manner transcended their duties that vsing the same hand of Iustice to their owne commodities and private respects they convert it to their particular profit to the irrepacable preiudice of government with such vexations troubles and costs of the parties who come to be grieved and oppressed by those which should succour and relieue them and to be without necessary remedie seeing that through the remotenesse of places of Iustice which should administer the releife they cannot come to demand it and other dare not and so they remaine with the grievance which they haue suffered and the Commissioners and executors of Commissions without punishment wherby there hath beene and is perceived a decay of Iustice in the body of the kingdome and in the Subiects irreparable losses which daily increase and therefore it is most expedient to provide for the remedie which the importancie of the matter requireth and hauing considered the causes of this mischiefe and that by springing from covetousnesse and through the difficultie to vnderstand the particular cases whereby to afflict the punishment vpon the offenders how much soever we are truely informed of the certaintie in generall it will be difficult to apply the remedie and therefore convenient and necessary to come vnto the roote Wee ordaine and command that no Councell place of Iudgement Chancery Audience Corporation Vniversitie nor particular person of any state condition or qualitie whatsoever for any title cause or reason doe or may send into any part of these Our Dominions any Commissioner or executor of Commission nor any other person whatsoever with Iurisdiction commission or instruction neither in other forme at the cost of the parties or otherwise vnder penaltie that the persons offending shall be severely punished and those that shall admit the said Commissioners shall be perpetually deprived of their offices which they beare and make a double restitution of the Fees received and that all the businesses and causes wherin it may be necessary to grant a Commission to a particular person as well of proofes testimonies recoveries executions notifications citations as of other necessities whatsoever wherein hitherto they haue beene sent may be henceforward remitted to the ordinary Iustices of the Cittie Village or Towne where they ought to be done And if by any reason or cause any exception may be admitted that they be remitted to the next royall Iudge belonging to Our Court and Wee doe onely permit that in Our Councell there be Iudges diligently to enquire and looke into the cases and to allow them if warrantable by the law but not any other of what qualitie soever and Wee command them to procure to excuse these cases as much as they may AND likewise wee command that whatsoever is contained in this Act be inviolably kept and observed in Our Councell of Our Revenues and Our Eschequer vnlesse it shall be in some excusable case wherein a receipt cannot be entred by the ordinary Iustices of Our Royall Revenues as are the Imposts or any other member of Our Revenue the administration whereof consisteth in different places without any settled being or condition for in those cases a Commission shall be graunted having first of all consulted with the said Councell of Our Revenues and Eschequer and the person which shall be sent shall be such as the President shall appoint and not in any other case because the administrations of Imposts and other Rents are to be committed to the said Iustices And likewise Wee doe command that when in Our said Councell of Our Revenues there shall be made any determination contract or letting to Farme there may not be allowed any particular Iudge or Commissioner for the execution or accomplishment thereof or to capitulate with the parties but that the one and the other be done by the ordinary Iustices and their officers ANd because as well in Our Councell as in the rest of Our Tribunalles Courts of Iudgements and in the Chanceries and other Audiences there are some Councellors and Officers which haue particular Commissions whereby they name Iudges Commissioners executors of Commissions and others within and Without the Court for the dispatches of businesses which are presented and likewise subdelegate their Commissions to other particular Iudges that out of them they may make others and thereby the subdelegated may name Officers and servants Wee ordaine and command that from hence-forth all persons of what estate or condition soever they be as well of Our Councell as of other Tribunalles or any other particular person which shall haue Commission Administration or Superintendencie although it be annexed to his office may not name or send Iudges Commissioners executors of Commissions or any other person to dispatch any businesse nor subdelegate any particular person out of this court but to commit them to the ordinary Iustices of the Kingdome and to vse their officers in the cases and businesse which shall be offered concerning the said Commission vsing likewise Our next Royall Iudge when
such a person or Iudge and the dignitie or degree of learning which he hath and no other title We forbid and defend that no person either in word or writing giue to any other of what estate or condition soeuer what degree or office soeuer hee hath great and preheminent though it be the stile of Most Illustrious Lordship except it be to Cardinals for it is not Our will that they be comprehended in this our Law Also by reason of the authoritie and greatnesse of the dignitie of the Archbishop of Toledo Wee command hee being Primate of Spaine that all men be bound to stile him Most Illustrious Lordship although he be no Cardinall And We command for Arch-Bishops Bishops and Grandes and such as We command to be couered that all men be obliged to giue them the Lordship as well in writing as in speech And also for the president of our Councell VVe permit that hee may be called his Most Illustrious Lordship VVe command also that such Embassadours as haue place in our Chappell are precisely to be called and written Lordship And We permit that the rest of the Embassadors which come from without these Kingdome may be stile Lordship but not them which goe from them to other parts Wee permit that Marqueses Earles the great Commendadors of the Orders of Santiago Calatraua and Alcantara the great Commendador of Montessa the Keepers of the Keyes of the said Orders of Calatraua and Alcantara may be called and written Your Lordships and the Daughters of Grades Your Ladiships the Presidents of our Councels and Chanceries the Priors and Baylies of the Order of Saint Iohn the Priors of the Covents of Veles and Leon of the Order of Saint Iago during the time of their Offices and the Vice-Royes and Generals of Our Armies Gallyes and Armada of the Ocean and he which is or shall be Master Generall of the Campe of Spaine and those which are chiefe Cities of Kingdomes and those other which haue Voice in Courts and the Chappels of Metropolitan Churches where it hath beene accustomed shall be so stiled And VVe will and it is Our fauour and intent that such persons as shall giue the stile of Ladiship to the Daughters in law of such Lords of Title which shall be maried to the Heires and Successours in their Houses and to the eldest Daughters who of force are to succeed for not being able now to haue a Brother which should be preferred before them in the succession of the said Houses shall not incurre the penalties of this Edict hereafter mentioned nor any other Forbidding as Wee doe forbid that no other person of whatsoeuer qualitie state or condition he be haue the stile of Lordship neither in writing or speech or that of Excellencie except he be Grande And VVe declare that the treatie which is to be had with the wiues of Grandes of Knights and of other persons to whom as it hath beene said it is due and who may be called either Lord or Sir and among themselues by writing or speech it shall bee the same which is to bee performed to their husbands Moreouer We command in that which concernes one mans writing to another that generally without any exception this forme be held and kept viz. the letter or paper which shall be written shall prestently begin with the reason or businesse in hand without setting either vnder the crosse at the top or in the beginning of the line any title cipher or letter and the conclusion of the letter shall be saying God keepe your Lordship or your Worship or God keepe you and presently the date of the place and time and vnder that the firme without any complement either before or after only he which hath a title may put it in the firme with the place from whence he hath that title And for superscriptions to a Prelate shall be put the Ecclesiasticall dignitie which he hath to a Duke Marquesse or Earle that of his estate to Knights Gentlemen and other men their name surname the dignitie or office charge or degree of learning which they haue Nor shall any exception be taken or made against this order and forme of writing by any person neither by the subiect writing to his Lord nor by the seruant writing to his Master onely Parents writing to their children or children to their Parents may before the proper name adde that which is naturall also betweene the husband and the wife may be exprest the estate of Matrimonie if they will and betweene brothers cozen germanes Vncles and Nephewes that of their kinred And We will and it is Our pleasure that that which is thus ordered and commanded in this Our letter and prouision be obserued of all men not only within these Our Kingdoms but also in writing to such as are absent abroad And for the better keeping accomplishing and executing of all that hath beene formerly related Wee ordaine and command that such as shall come or goe against that which is here set downe and contained in these Our letters and prouision or any portion or part thereof that euery one of them shall for the first offence pay two hundred Ducats for the second foure hundred for the third a thousand Ducats and a yeeres banishment fiue leagues from this Court and from the Cities Villages and places of these Our Kingdomes and iurisdiction where the said law and edict shall be broken the which pecuniarie penalties aforesaid shall be distributed in this manner viz. one third part to the Informer another third part to the Iudge which giues sentence and the other third part to pious vses In like manner shall fall into the same foresaid penalties such persons who from hence forward shall vnder-hand dissemble or giue consent that their children seruants subiects or any other persons doe goe beyond either in word or writing to them the courtesie and order contained in this said Proclamation and the transgressor or transgressors which haue not wherewith to pay the said pecuniarie penaltie it is Our will that for the first offence they be imprisoned twenty dayes and if it be in Our Court that they be banished and depart from it fiue leagues for a whole yeere and if it be in any other place of these Our kingdomes the banishment shall be from that place and out of that country and iurisdiction for the second offence the foresaid punishment shall be doubled and for the third offence they shall be banished for fiue yeeres in the forme aforesaid reseruing vnto Our Selues according to Our pleasure besides the foresaid punishments the making of some greater demonstration towards the said transgressors For which cause the obseruation and execution of all the aforesaid being so profitable and important We command you all and euery one of you according as hath beene said that you take notice of this Our letter and prouision and that which is contained in it the which We will haue to hold the force of a Law Edict and