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A54663 A proclamation of his Majesty the King of Spaine For the Conservation of the contrabando. Revocation of the permissions. Prohibition of the use of the merchandises, and fruits of the realms of France, England, and Portugal; and reformation of vestures, and apparel, and other things. Published in Madrid, the 11th. of September, anno 1657. Translated out of Spanish.; Proclamations. 1657-09-11. English. Spain. Sovereign (1621-1665 : Philip IV) 1657 (1657) Wing P1986A; ESTC R214121 8,236 16

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A PROCLAMATION Of his Majesty The King of Spaine For the Conservation of the Contrabando Revocation of the Permissions Prohibition of the use of the Merchandises and Fruits of the Realms of France England and Portugal and Reformation of Vestures and Apparel and other things Published in Madrid the 11 th of September Anno 1657. Translated out of Spanish LONDON Printed by G. Dawson for Iohn Sweeting at the Angel in Popes-head Alley anno 1657. License and Tax I Lewis Vazquez de Vargas Notary of the Chamber of the King our Lord and of those of his Councel do certifie That by the Lords thereof each of the Proclamations which his Majesty commanded to be published for the conservation of the Contrabando Revocation of the Permissions prohibition of the use of the Merchandises and Fruits of the Realms of France England and Portugal and Reformation of Vestures and Apparel and other things was taxed at Twelve Quarts and at this and no higher price it maybe sold And they also Command that no Printer of these Realms shall print the said Proclamation but he that shall have License of Don Iames de Canizares y Arteaga Secretary to the King our Lord and Notary of his Chamber the ancientest of those of his Council And to the end it may appear by command of the said Lords and at the request of the said Don Iames I do give these presents in Madrid the 11. of Septemb. 1657. LEWIS VAZQUEZ de VARGAS DOn Philip by the grace of God King of Castil Leon Aragon the two Scicilia's Ierusalem Portugal Navarra Granada Toledo Valencia Galicia Mallorca Sevill Cerdenna Cordova Corcega Murcia-Iaen the Algarves Algezira Gibraltar the Canary Islands the East and West Indies and Islands and firm land of the Ocean Seas Arch-Duke of Austria Duke of Burgandy Brabant and Milan Earl of Aspurgh Flanders Tirol and Barcelona and Lord of Biscay and Molina c. To the Infantes Prelates Dukes Marquesses Earls Rich-men Priors of Orders Commanders Sub-Commanders Captains of Castles strong houses and others and to those of our Counsel President and Iudges of our Audiences Alchaldes and Alguaziles of our House and Court and Chanceries and to all the Corregidors Assistants Governors Alcaldees chief and ordinary Alguaziles Iudges Prevosts Counsels Vniversities Aldermen Regidors Knights Magistrates Esquires Officers and good-men and to all and every of our Subjects and Nations of what Estate Dignity or Preheminence soever they shall or may be of all the Provinces Cities Towns and places of these our Realms and Lordships as well to those that present are as to such as hereafter shall be 1. Know that by our Laws Proclamations and Mandats published in these Realms the commerce with the Realms of Portugal France and England is prohibited upon severall penalties even to the death of the Transgressors and loss of their Estates And because so weighty a business hath not had the execution it requireth these Realms have sustained and do sustain very great damages the silver and gold being carried out of them and our Subjects and vassals estates vainly spent in useless and unnecessary things our enemies enjoying as much convenience and profit as they could have done in time of peace by the introduction of their Merchandizes as well by venue of certain permissions that have been granted and by the toleration and disimulation of some who by their own obligation and by their places and offices ought to have prevented the same Desiring to put a stop to such great inconveniences and disorders and provide a remedy for them and absolutely to shut the door against the introduction of all sorts of Goods and Fruits of the said Realms which being seen by our Councils and that which concerning the premises the whole Realm united in Parliament hath petitioned us for which at present is sitting and having consulted with us it was agreed that we ought to command these our Letters to be given which we will shall have the force of a Law and a Proclamation set forth by Royal Authority as if they were made and promulgated in Parliament whereby we do command the Laws Proclamations and Mandats prohibiting Commerce with the said Three Realms to be indispencably kept and accomplished and the penalties put in execution which thereby are imposed on and established against the Transgressors of the same which the amplifications and Declarations contained in this our Law and Proclamation 2. And whereas the years past we granted several Permissions for the importing of the Merchandizes and Fruits of the said Realms and the time limited for the use of them or the greatest part thereof is now expired and we are informed that what they have imported without entry made in the Custome-houses will satisfie for what time or quantity soever they may want and that already they have got greater profits by the frauds they have committed We do suspend and determine all and every the said Licenses and permissions which have been given notwithstanding it may be alleaged and proved that the terme or the quantity thereof is not accomplished And we do will and it it is our pleasure for the motives aforesaid that no use be made of the same for any cause or pretence after the day of the publication of this Proclamation for that from henceforth it shall be put in execution And we do command that they remain void and cancelled as if they had never bee granted 3. And for as much as some persons through their great covetousness and malice have made it their imployment and practice to receive and dispatch and introduce unwarrantable and prohibited Goods notwithstanding the penalties commanded to be imposed upon them by the Laws Proclamations and Mandats touching the prohibition and importation of these Merchandises from the said three Realms and thereby have made and do make it facile to find Merchants and other particular persons that buy them to resell or otherwise dispose of them We do will and it is our pleasure that such dispatchers and introducers Merchants Shop keepers Factors Commissioners Brokers and particular persons as shall buy or have these shall incur the penalties expressed in one of our Mandats of the one and thirtieth of January Anno 1650. and in the last which was published in these Realms touching the prohibition of Trade with the Realm of England And for that we desire this prohibition may be established so absolutely that no doubt may be made of our royal pleasure We do command that by no Council Tribunal nor Committee it shall or may be consulted with nor propounded unto us to grant License or permission against that ordained in this our Proclamation 5 And the execution and accomplishment of all the premises is for the better prevention to belong unto the ordinary Justice of our Realms and to the Surveyors and Judges of the Contrabando nominated by our Counsel of War in the form and as is ordained in the Proclamation of the one and thirtieth of Ianuary of the said year 1650.
day of the publication of this Law and Proclamation there shall not nor may not and Apparel nor Vesture be made but in the manner and with the stuffs and Trimmings therein declared And those that contrary hereunto shall be new made and the Tailor that shall cut them workmen that shall sow them and Embroderer that shall embroder them shall in cut the penalties imposed 18 And because from henceforth the consumption of the Goods and Merchandises of the said Three Enemies Countries that shall be found in these Territories is prohibited We do permit them to be sent to the Indies so as they be Registred in this Court within six dayes before one of our Council that the President thereof shall nominate and in all the other Cities Towns and places of our Realms before the ordinary Justices within other six dayes next after the publication hereof and all those which shall not be Registred are to be lost And when they shall take and carry them From the places where the Registers shall be made to send them to Cadiz or to other Ports of Andalu-Zia to be loaden in Fleets or Galleons They are to take dispatches and guides of the Justices from whence they shall go and remain bound to bring Testimonies that the said Merchandises were laden in Fleets or Galleons for that it shall not be lawful to sell them for more or less for that from henceforth the commerce and sale of the said Merchandises that shall be found in being is prohibited and that which shall be otherwise carried away are to incur the penalties established against those that make use of the Goods prohibited by this Proclamation But it shall not be necessary to Register the Merchandises which shall be of the Realms of our Dominions and of the Provinces in Amity with which commerce is held for although many of them are are prohibited for apparel coaches and sedans they may be permitted for other uses and designed for the Indies paying the Duties without need of a new authority for the same 19 And to prevent the molestation vexation and inconveniences that would happen by the Justices and Officers frowardness to enter into mens houses to seek and enquire do other diligencies to discover whether prohibited apparel be worn We do command that they shall not enter into any house to do these diligencies for they shall onely make informations against the persons that should transgress and go with such apparel in the streets and in other publick places 20 And we do also command that from henceforth in obedience to that which a Chapter of the Law 2 Title 12 Book 7. of the New Recollection doth ordain There shall not be any Sedans made with hands of Tisshew nor of cloath of Gold or Silver nor of any Silk that hath any therein nor shall their linings be imbrodered with any thing for they shall not exeeed Velvet Damask or some other silk and they may have fringe and lace Buttons thereof but not of Gold nor Silver and the pillars of the said Sedans may be trimmed with silk Lace and little studs or nails 21 And we do likewise command according to another Chapter of the same Law 2. and the said Title 12. Book 7. that no Coach nor Litter shall be embrodered with Gold Silver or Silk or lined with Thisshew cloath of Gold nor of Silver nor with any silk that hath any therein nor with fringe nor tufts nor any other trimming of gold or silver Lace And that they shall be onely made of Velvet or Damask or of any other plain silks of those made in our Realms and other Dominions and in the Provinces in amity with which commerce is held with silk fringe and galoon and they may have the nailing gilt but the iron work of the Coaches shall have no guilding 22 And we do also command That the coverings of the said Coaches Sedans and Litter shall not be of any silk nor the Trimming of Horses Coach Mules and Littermen and that the said coaches and litters shall not be stitched notwithstanding they are of Leather or Cordovan much less shall they have on them any Trimming of Embrodered Leather 23 And for the use of those already made against that ordained in this Proclamation we do grant two years time which being expired the Owners are not to make use of them for any purpose And to the end those that are may be known they are to be Registred in this Court before one of our Council that the President thereof shall nominate within three dayes and in the other Cities Towns and places before the ordinary Justices thereof within the same time which is to begin from the day of the publication in this Court and in the Cities where it shall be made and of those that shall not be Registred there shall not be any use made and the day that they shall be made use of without registring they are to be lost and their value applyed by three parts viz. to the Chamber Judg and Informer 24 And the Masters that make new Coaches Litters and Sedans and the Workmen that shall frame embroder or stitch them contrary to that ordained in this Proclamation shall incur for the first time loss of the said Coaches Littars and Sedans which they shall have so made or shall make and fifty thousand Maravediz to be applyed in the same manner and for the second time the pecuniary penalty shall be doubled and four years banishment five leagues from this Court and from the Cities Towns and places where they shall transgress 25 And we do command all Justices of our Realms so to keep accomplish and execute it under penalty of deprivation of their Offices which he shall incur that shall be therein remiss or negligent or shall in any manner dissemble and those of our Council and Chanceries to take particular care to punish the said Judges in their Residences as they shall see cause and determine having been remiss in the execution of this our Law and imposing upon them such other penalties which according to the quality of the fault they shall see convenient 26 And whereas the observance of this Proclamation touching Vestures and Apparel will respect the good and publick Government of these our Realms which would be troubled with multiplicity of Jurisdictions and so the punishments and execution of the penalties not passing soly through the hands of our ordinary Justices We do hereby give them privative Jurisdiction to take cognizance of the cases that shall respect the punishment and execution of the penalties of the Transgression the use of the Vestures and Apparel Silks and Goods which are to be made and other things contained in this Reformation and we do command them inviolably to execute them against the Transgressors and the same to be done in the ordinary visiting of the Prisons without power to moderate the same 27 And no Gentleman of Military Orders Captains or actual Soldiers or priviledged persons of any Militia's notwithstanding they are of our Guards Titular Officers or Familiars of the Inquisition nor any other priviledged by Law or custome although they are not here expressed and may be of equator greater exemption shall enjoy any benefit by the priviledges or exemptions they shall have by Law or Custome for that it hath never been our pleasure to grant them for these cases nor that they shall be extended to these matters of Government And we do inhibit all Counsels Tribunals and Judges that may take cognizance of their cruses by reason of their priviledges or places And we declare them incompetent and do command it shall not be admitted any to benefit himself by this recourse to hinder the progress of taking cognizance of like informations and the punishment of his transgressions and exclude him from the same 28 All which our pleasure is shall be inviolably kept accomplished and executed and we do command you to cause it to be kept accomplished and executed according and as in these our Letters is contained and declared and against the form and tenour thereof and that which therein is contained not to go nor pass nor consent to be gone nor passed in any manner And all Justices of these our Realms each in his jurisdiction shall cause it to be kept as a Law and Proclamation established by Royal Authority which from henceforth is to be binding from the Publication in this Court and in all other Cities Towns and places from the time that it shall be published in the heads of their Jurisdictions Given in Madrid the 11 th of September Anno 1657. I the King I Martin de Villela Secretary to the King our Lord did draw it by his command The Licentiate D. Anthony de Contreras The Licentiate D. Christoper de Moscoso y Cordova The Licentiate D. Martin Iniguez de Arnedo The Licentiate D. Anthony de Valdes The Licentiate D. Laurence Ramirez de Prado Registred D Peter de Castaneda Peter de Castaneda High Chancellor Publication IN the Town of Madrid the 11 th of the month of September anno 1657. before the Gates of the Royal Palace and Gate of Guadalaxara where is the Trade and Commerce of the Merchants and others is the Licentiates Don Francis de Quinones Don Vincent Banuelos Don Francis Medrano Don Iohn Ramires de Arellano Don Iohn Buens de Roxas Alcaldes of his Majesties House and Court being present this Law and Proclamation was published with Trumpets and Drums by publick Cryers in lowd and intelligible voices at which were present Bartholomew Bracco Francio de Moscoso Iohn Baptist Belarde Alguaziles of the House and Court of the King our Lord and many other persons And to the end it may appear I do give these presents the said day moneth and year D. JAMES de CANIZARES y ARTEAGA THe Register of the Coaches and other things is to be made before Don Ieronimo de Camargo one of his Majesties Council FINIS