Chap. I. Reducing of Offices to a third part.

FIrst, Wee ordaine, and command, that the Offices of Maiors, and Aldermen Sheriffes, Constables, Bayliffes, Clarkes, Proctors of the Cities, Villages, and Towns, where (through the excessiue number of them) they are found inconvenient, and preiudiciall to the government, causing ma­ny grievances, which haue beene and are daily suffered, diverting the ends wherevn­to they were ordained; be reduced to a third part, in the forme, by the meanes, and with the qualities, which are contained in the Commission, which for their executi­on, Wee haue caused to be sealed by 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 [Page 6]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, [Page 8]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, [Page 9]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 [Page 10]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 [Page 11]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, [Page 12]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 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, [Page 13]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 [Page 14]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 [Page 15]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, [Page 16]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, [Page 18]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 [Page 19]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 of foure yeares banishment, and that for testimony and witnesse herein, three single testimonies may be sufficient, as in case of bribery, and they may be the same persons, and if they will be Informers, they may be admitted, and haue the third part of the Fine.

ANd to the intent that with greater pun­ctualitie and Iustice they may take the Fees, which are due vnto them, and no more, Wee ordaine, and command, that in this Our Court, and in the Citties of Valladolid, Granada, Sivill, and Cornna, none may be received or taken, vnlesse they [Page 20]be first taxed, and assisted, by the generall Assister, and that the manner of proofe, and the penalties be the same. And that the Iu­stices of Our House and Court, Chance­ries, and Audiences, and ordinary Iustices of the said Citties, doe not decree, nor de­termine any Sute, wherein this hath not beene accomplished. And because the mis­chiefe may be greater towardes those that are prisoners, for that they little esteeme who defend them, and are carelesse of their liberties, VVee strictly command, that in their causes it be executed with greater care and precisenesse, and because in what kinde soever of their Sutes they may be freed, it is vnderstood they are mo­lested with excessiue Fees, which they ex­act of them, VVee ordaine, and com­mand, that the Assistor with one Iustice, (doing it by weeks) may assese every mor­ning the Fees due by the Prisoners, which they haue cōmanded to be freed, & which shall be due, and delivering them to the Assistor, the parties which ought to haue them, may receiue them at his hands; and receiving them in any other manner; We [Page 21]declare them to incurre the like penal­tie.

THat in this Our Kingdome the said Clearkes, and those which reside in the Offices of Provinces and Number, doe, nor may take of either of the parties, any Fees in the Sutes that are to be executed, neither for the Bookes, which shall be drawne, nor the proofes which shall be made, du­ring the tenne dayes of the proceedings, nor for following the Sute, vntill the cause be adiudged; and then the Assistor having assisted them, the summe wherevnto they shall amount be put into a Bill or Writte of payment, which shall be allowed, that the principall, and the tenth part be recovered together, vnder the penaltie, of being de­prived of their offices, and disabled to exe­cute any others.

ANd because many mischiefes doe arise, in that the Clearkes deliver the Writts of execution to the Bailiffes, that they shall make choise of, not onely by being inter­ressed in the successe, whereby it is to be [Page 22]feared, that in the Records, and other Dili­gences, they may helpe the execution, but likewise, because thereby many Bayliffes apply not themselues to the matter of cri­minall causes, and delicts, but stand waiting in the houses of the said Clearkes, that the said writs of execution may fall vnto them, VVee ordaine, and command, that in this Our Court, and in the said Citties of Valla­dolid, Granada, Sivill, and Cornna, every day may be brought in the writs of execution, which shall happen, by the authoritie of the person that We shall depute thervnto, and those be by him devided amongst the the Bayliffes by course, that hereby every one with equitie may participate of the fruit of their Offices, & the inconveniences mentioned, as much as possiblie, prevented.

ANd that no Bayliffe may enter in this course, vnlesse he shall first bring a testi­mony from the Clearkes of the Peace, and the Iaylor of the imprisonments, and crimi­nall causes, which he shall haue done for thirtie dayes past.

IN like manner, that no Clearke in this Our Court, doe, or may take money, or [Page 23]any other thing, for making reports of the Sutes, which shall be heard before them, and the Iudges, in the first commencing of the Sute, or in appealing to Our Councell, Chanceries, and Audiences, and other Tri­bunalls whatsoever, but onely those, which by the Statute shall be due vnto them, for the entrie of the Sutes, vnder the penaltie of the losse of the office, if it be their owne, and if not, the banishment for foure yeares, and that the partie which shall giue it, doe loose the right of his Sute, and that for the whole, the testimony of three single wit­nesses be allowed sufficient in the forme a­foresaid.

ANd because We haue vnderstood, that the publique Scriveners, and Clearkes of this Our Court, and other places of Our Kingdome, doe apply themselues to seeke moneys, that the Councels, Vniversities, and particular persons may take them to interrest, receiving of them betweene three or foure in the hundred, by the title & name of Broakage, Wee ordaine, and command, that from hence forward they may not re­ceiue money, nor any other thing, neither [Page 24]this title or other, by themselues or other persons, nor more then the Fees, which by the Statute shall be due vnto them, for the writings that they shall make. And because there followeth an inconvenience by the excessiue number of Clearkes, which are in the Offices, Wee ordaine, and command, that in the Offices of the criminall Pleas of Our Chamber, and in those of the Province or Comitie of Madrid, there may not be a­boue the number of six principall Clearks, which may reside in every Office for the executing of businesse, and those the ow­ners and proprietors of the Office to name at their perill, that if they be Fined, and shall not haue goods to discharge the Fine, it may be recovered of them: and that those of the said Chamber be approved by the Chamber of our Iudges, and those of the Province of Madrid, by the Iudges, before whom the Clearkes which are proprietors of the Office, make the dispatches of their businesse, and those of the Assises, or any one of them, and the proprietour which shall haue more then the said sixe Clearkes, We condemne in the losse of his Office.

And because many Constables by diuers wayes and representing causes and impedi­ments lesse certaine, haue taken out some re­seruations in some things concerning their offices, as are watches and wards and going out of this Court to make imprisonments, and other things; which being so; that they might be of more profit in the generall, by hauing more knowledge and experience in those businesses, and that this priuiledge and inequalitie is preiudiciall to the rest, We command that those that haue the said pri­uiledge of reseruall doe deliuer them to the President of our Councell within foure daies, and may not vse them, but that they ought and doe in the whole and euery part conforme themselues, as they are bound by their offices, without any exception, vnder the penaltie of the losse of their said offices, and banishment for foure yeeres.

That besides the ordinarie Visitor of the offices, which is named euery yeare by Our Councell, there may be named another, from three yeares to three yeares, by the Pre­sident thereof, that they may visit all the said Clarks and Officers, and certifie the abuses [Page 26]which shall be executed in the execution of their offices, commissions, & other imploy­ments which they shall haue, especially con­tradicting the contents of this Act, allowing him thereunto a necessarie commission, which he shall vse before a sufficient Scriue­ner, remouing it (if he will) out of the Court.

Againe, We ordaine and command, that the Clarks of our Councell-chamber, of the Chanceries, and Audiences, may not take nor recouer the fees which shall be due vnto them for the Scedule, according to the lawes, vnlesse they be first assest by the Assessor ge­nerall, and setting downe vpon their fideli­tie, or of their principall officers, that which they recoues and take in euery sute, and the like is to be vnderstood of the Relators in al the sutes and Residencies, and that in ma­king the hill, they exact not vpon the par­ties, nor receiue any thing, vnder the penal­tie of the losse of their offices, and for testi­monie and proofe, singly witnesses shall be sufficient.

Chap. 5. Which pre­scribes a re­formation in the excesse ofseruāts, hous­hold-stuffe, & furniture of houses, and in the apparell of men and women.

ALso because from the abuse and ex­cesse in attendance, houshold-stuffe, and furniture of houses, and in the apparell [Page 27]of men and women, there haue proceeded many inconueniences, as well in the go­uernment and good disposition, wherein it ought to be, as in the customes and estates, seeing that being voluntary expences once brought in, they are become so precise, that it is one of the greatest burdens, wherewith the Subiects are opprest, and likewise preiu­dicial to commerce and trade, albeit that cer­taine Lawes were instituted, which seemed conuenient for the present estate, when they were ordained: but it is manifest by time and occasions, that they haue not procee­ded so sufficient, as was expected, and that wickednesse by contrauention, hath found out many deuices with encrease of the mis­chiefes, desiring to prouide a sufficient re­medie, and hauing commanded, to see what in this kind hath beene enacted, and to adde what shall be thought conuenient. We doe ordaine, and command, that no person of any estate, cōdition, or qualitie soeuer, may keepe or entertaine, of Gentlemen, Pages, and Laqueyes, aboue the number of eight or ten persons, and who shall execute the principall offices of the house, as Steward, [Page 28]Gentleman of the Horse, and others; nei­ther may keepe them employed in their ser­uice, to the end to accompany them or their wiues, by the title of Followers or House­hold seruants, or other; seeing it only ser­ueth for ostentation, and certaine inconue­niences, which are therein considered; and there is likewise imbursed, the cost and ex­pences which they cause in the houses, and it is more expedient, that they employ them­selues insome other course of life, which may be more profitable to the Common­wealth.

And because the effects of a matter so im­portant may be secured, for the which the example of the King, and his Officers will be conuenient, seeing by themselues alone and by their offices, they haue sufficient au­thoritie, without that the great or small number of attendance can encrease or di­minish it: let them know, that We shall be very well pleased, that they continue as hi­therto, a moderation in their retinue, procu­ring, that, if it may be possible, it be greater from hence-forward, so that the Councel­lors and Officers, may not haue nor enter­taine [Page 29]in all kinde of attendance aboue eight persons, that by Our example and reforma­tion of the number of offices and seruants, which We haue commanded to be done in our Royall House, and by that which they shall doe, reducing themselues to the said forme, there may bee a reformation in all the rest, and may proportion themselues to their estate and necessitie, wherein they are, seeing the lustre and authoritie of their hou­ses and persons shall be better preserued and kept, liuing out of necessitie, and plentiful­ly accommodated, than by consuming in an expence so superfluous. And because the seruants of the said qualitie, which now they haue in greater number than the said eight or ten, may haue departure and em­ployment, and not vnaccommodated and idle; We command that whatsoeuer is or­dained concerning this Act, may be obser­ued after the expiration of a whole yeere af­ter the promulgation.

Chap. 6. That nothing made of wood or any met­tall, begarni­shed or gilt with Siluer or Gold; and that there may not bee taken for the making or fa­shion, but the fifteenth part of that which it shal weigh, being of gold, and the sixt, being of sil­uer.

ANd because by garnishing things of wood or other things, & by gilding thē, there followeth losse, both in the expence & making, being a thing vnprofitable and su­perfluous; [Page 30]We ordaine, and command, to obserue with all rigour, the contents in the fift Act with those following, from the twentie fourth title of the compilation, ad­ding, that not any other mettall may be gil­ded, although it be plaine and smooth plate, vnder the penaltie of the losse of the peece which shall be so gilded. But Wee doe per­mit that it shall be lawfull to gilde all that shall be for Diuine vse, and the Armes, and furniture for horses, so that they be not for the vse of the Coach. And likewise Wee command, that no fashion of Gold or Sil­uer which shall be wrought, shall exceed, be­ing of Gold, the fifteenth part of the value of what it shall weigh, and being of Siluer, the sixt part; vnder penaltie of the losse.

Chap. 7. That no kind of thing may bee imbrode­red.

IN like manner as concerning Hangings, let that be inuiolably obserued, which was published by the proclamation in the yeere of our Lord, 1611, adding thereunto, that it shall not be lawfull to make any kinde of Imbrodery of gold, siluer, silke, or thread, neither in hangings, beds, chaires, stooles, canopies, pillowes, carpets, caskanets, nor [Page 31]any other thing, vpon cloth of gold or sil­uer, cloth, leather, canuas, nor any other kinde of stuffe whatsoeuer.

Also that no Imbroderer may imbroder any kinde of the aforesaid things, nor any other, vnlesse it shall be for diuine vse, and horse furniture, except foot-cloathes, for We will not that they be imbrodered, as neither liueries for the sport of the Cane, run­ning at Tilt, both on horsebacke and foot, running at the Quintaine, Ring, or other fe­stiuall sports, that the disposition of this law may facilitate the vse of riding, and the exercise of these solemnities, and for the re­ioycing and delight of the people, and may take away the obstacle and difficulty, which is often found by the not hauing of the pompe and excessiue expence, wherewith they are now celebrated. We command that the contents of this branch or chapter be obserued from the first day of March of this present yeare.

Chap. 8. That there may not be made Han­gings for the Sommer of strange stuffs, and eight yeares are allowed for the wearing out of those that are made.

LIkewise also We forbid, that no manner of person, of what estate, condition, or qualitie soeuer, may haue or vse any han­gings [Page 32]for the sommer, of any sort or kinde, though they be plaine, being wrought out of these kingdoms; but We permit that they may haue Damasks, shorne Veluets, coun­terfeit cloth of gold or siluer, and taffeties, so that that be wrought within our Domini­ons. And for the wearing out and dispo­sing of the Hangings which they haue im­brodered, and of stuffs made out of this Kingdome, and of other things imbrode­red, the vse whereof is prohibited in this Statute, We doe giue and allow thereunto the space of eight yeares, which being expi­red, We condemne all those that shall vse them, and disobey the contents hereof, in the forfeiture and confiscation of them, and in fiftie thousand Maravedis to be diuided in three parts, viz. our Chamber, the Iudge, and the Informer.

Chap. 9. That gold nor siluer be worne in stuff of silke or trimming.

IN like manner concerning fashions and apparell, We prohibite, and altogether for­bid to men and women without any distin­ction, the vse of gold and siluer, in stuffe and trimming, within and without the house, in all and all kindes of garments or [Page 33]apparell, though they be doublets, gownes, night-gownes, cassocks, short coats and o­thers, though they be for trauell, excepting (as before) for religious vse, furniture for the warre and horse, in the forme as they are permitted in the Statute enacted in the yeere of our Lord, one thousand six hundred and eleuen.

Chap. 10. That trim­mings be not worne vpon garments.

ANd also We do altogether prohibite all kind of dressing & trimming, be it sin­gle or double, though it be of one lace alone, in al kind of garments, either of men or wo­men, that they may not be worne neither in doublet, short-coat, gowne, night-gowne, cassocke, hose, or other whatsoeuer; neither vpon daggers or garters, for Wee permit them only to be worne plaine, of whatsoe­uer the garment shall be.

In like manner Wee command, that it shall not be lawfull to worke, neither for a­ny Merchant or other person to buy (for to sell againe) any kinde of garnishing, or lace, trimming of gold, siluer or silke, from the day of the proclaiming of this statute hence­forward, vnder the penaltie both to the ma­ker [Page 34]and buyer, of the losse of such trimming and lace, and of three hundred thousand Maravedis to be applied in three parts, viz. Our Chamber, the Iudge, and Informer: and because through the toleration hitherto, Wee consider that the Merchants haue bought certain garnishings and trimmings of gold, siluer and silke; and likewise the women haue bought many garmēts, made with them: We doe allow the space of three yeeres to the said Merchants for to sell and dispose of them; and to the women the space of foure yeeres, to weare out their garments, and to vse the said trimmings vpon those which they haue alreadie made. And as concerning men, that they may weare out those that they shall haue made with trim­ming: Wee allow them the space of two yeeres, but that it shall not bee lawfull for them within the said tearme, to make or cause to be made, any new garment with trimming, because herein We will that from this present this Statute be obserued. And for the more certaine execution thereof, and to preuent all deceit, We will that the trim­mings and garnishings, which the Mer­chants [Page 35]now haue in their hands, shall be produced, manifested and registred, that ha­uing the view of them, those only which they now haue may be sold: seeing for this intention, and that they may be sold, it is permitted to the women to vse them for the said time, but not to buy others for to sell.

Chap. 11. That cloakes of Silke may not be worne.

LIkewise We doe prohibite, that the men may not weare short cloaks, long cloaks, short coats nor mantles of silke, but only of cloth or Rash: But Wee permit that they may weare certaine stuffes, as Telilias, Ser­gies, Mingled stuffe, and other the like stuffes, so that they bee not mingled with silke, and that they be wrought within Our Dominions; and We permit that in winter they may line them outwardly with Silke, so that they be wrought within Our Domi­nions.

Chap. 12. That cloth nor stuffe of wooll or silke made within or without the Domini­ons, may not be sold with­out it haue a marke.

IN like manner, because in the making of cloth and stuffe, as well of wooll as of silke, or mixtures of both, hath beene and is daily found much deceit, because, hauing no restraint, they are fraudulently and de­ceitfully [Page 36]made, and thereby are of little ser­uice and durance, to the great preiudice of those that weare them: Wee ordaine and command, that from hence forward it shall not be lawfull to sell or buy in those king­domes; neither for apparell, nor for any other thing, any kinde of cloth, or silke, or wooll, or of both, made or wrought within or without them, which shall not be made and wrought conformable to the laws and ordinances of the Dominions, which ap­pertaine and concerne the makers and wor­kers thereof; neither shall be lawfull to make any other manner whatsoeuer, vnder penaltie of the losse of the said cloth or stuffe, and of a hundred thousand Marave­dis to be applied in three parts, viz. Our Chamber, the Iudge, and the Informer. And We doe declare, that the Merchants shall in­curre the penaltie of this Law, if they shall haue in their shops the said clothes and stuffes, without the qualities that are con­tained therein, and for to sell, and dispose of them, which they haue at this present without these qualities, VVe allow them the space of three yeares, registring them in [Page 37]the forme aforesaid. But because in some part of these Kingdomes, there are made and wrought some kindes of cloth and stuffe, of wooll, and silke, which if they be well wrought, will be profitable, and expe­dient not to hinder it; VVe command that those of our Councell cause them to be ac­knowledged for persons skilfull in their fa­cultie, and finding them to be profitable, to set downe and appoint an order, forme, and direction, whereby hence forward they be made, and no otherwise.

Chap. 13. That nothing made out of the King­dome may be brought in.

IN like manner, because by the bringing in of many commodities made out of these Kingdoms, as hangings, beds, chaires, stooles, pillowes, bed-tikes, carpets, and others, and likewise apparell for men and women, and others of cotton, linnen, lea­ther, alchymie, tinne, lead, stone, haire, and other kinds, which (being furniture for the house, and of vnprofitable vsage) doe con­sume the estate and wealth, and hinder the labour and making of those, which shall be profitably wrought, there ariseth great in­conuenience to the Common-wealth; see­ing [Page 38]that hereby is taken away from the Tradesmen, the occupation and disposition of gaining their liuing, and sustaining themselues, an infinite number remaining idle, and vnimployed, and in the dangers vvhereunto the force of the necessitie obli­geth them: VVe ordaine and command, that from the day of the promulgation hereof forward, it shall not he lawfull to set or put to make out of the Kingdome, any thing made of wooll, or silke, or of both, (so that it be not Tapestrie of Flaunders) neither of cotton, linnen, leather, alchymie, lead, stone, shell, Iuorie, horne, haire, but that the materials and the simples may only be brought in vnwrought, being of the things permitted, to the end that they may bee wrought in Our said kingdomes, vnder pe­naltie of the losse of the thing which shall be so brought in, sold, or bought, being made out of the Kingdome, and of thirty thou­sand Maravedis to him that shall cause them to be made, sold, or bought, to be ap­plied in three parts, viz. our Chamber, the Iudge, and Informer: and to the intent that he may sell and dispose the things of this [Page 39]qualitie, which he shall haue at the time of the promulgation of this Edict, wee doe allow them the space of two yeares, which being expired they ought not to sell them.

Chap. 14. That they shal weare no hands but of the twelfth part of an ell and the curld but eight breadth, both without gar­nisning.

ITEM, We command, that all and euery person of what estate, qualitie, or conditi­on they be, ought and shall weare plaine fal­ling bands, and without any inuention, bone-lace, cut-worke, shagge fringe, or a­ny other kinde of setting forth, or starched with gumme, powdred blew, or any other colour, or set with a steele-sticke, howbeit We permit that they haue starch; and in case some man may weare a ruffe, We com­mand that it be only of the bredth of the twelfth part of an ell; and that the curled lettuce ruffe be but of eight bredthes, and that without any kinde of dressing, of set­ting, garnishing of starch, powders, or any other thing, and that it be all in one single length, not opened with a mould, or any other instrument, and the cuffes to the same shall be but of three bredths, and halfe a twelfth part aforesaid, and with the like [Page 40]qualities. Also the lettuce ruffes and cuffes of women may be vsed as heretofore, but so that they haue no bone-lace or other garnishing more than one shagg fringe, nor may they haue any of these things in their falling bands, calles, falles, or any other habit or ornament, nor may they be done with powdered blew, vpon paine of losing that which they weare contrary to this law, and of fiftie thousand Maravedis to be diuided into three parts: viz. to the Chamber, the Iudge, and the Informer: which We command to be obserued and executed in this Court from the first of March of this yeare; and in all other parts and places of this Kingdome within two moneths after the publication of this Law: And We forbid, that any man or woman open any ruffe either of man or woman, vpon paine of publike shame and banish­ment from this Court, or the place where they shall goe against this Law.

Chap. 15. What Titles each ranke shall haue is renued.

ITEM, Whereas on the second of Ianua­rie in the yeare, One thousand, six hun­dred, and eleuen, We commanded to pub­lish and then was publisht concerning the vse of entertainment of curtesies, a Law of this tenor following: Don Philip &c. Know yee, that We hauing beene informed, that there hath beene and is much disorder, ex­ccesse, and inequalitie in the entertainments, titles, and courtesies, as well in writing as in speech, which are vsed among the Grandes, Gentlemen, and other persons of these Our kingdomes, whereupon many inconueniences haue followed, We com­manded those of Our Councell that they should looke into it, and treat of some forme which might be kept, that so these might be excused and hauing diuers times thus done, and consulted with Vs, Wee haue now agreed to prouide and order as followeth.

And though it were not necessarie in that which concernes my Selfe, and other Royall Personages to innouate in any thing [Page 42]which hath beene heretofore accustomed, notwithstanding that others with greater obligation and care may keepe and accom­plish that which is to be said concerning this, We will and command, that in wri­ting to Vs no other title be set in the top of the letter or paper, than Sir; nor any thing said in the conclusion, more than, God preserue the person of your Catholike Maiestie, and without addition of any other curtesie or complement, the person who shall write any such letter or paper, shall firme it: and in the superscription no more may be put, but only, To our Lord the King.

The same order also is to be held and kept with the Princes the heires and succes­sors of these our Kingdomes, only chan­ging that of, Your Maiestie, into, your High­nesse, and that of, King into Prince; and in the conclusion and end of the letter shall be put, God keepe your Highnesse.

That the same order and stile be kept and held with the Queenes of these Our King­domes, which is to be giuen to the Queenes, and so to the Princesses as to the Princes.

That the Kings children male and fe­male, be only stiled, Their Highnesse: in the top of the letter, Sir, or Lady; and in the end, God keepe your Highnesse, without any other complement; and in the superscrip­tion only, To my Lord N. the Kings sonne, To my Lady N. the Kings daughter; and when it shall be said or written absolutely, His Highnesse, this shall not be attributed but only to the Prince the heire and successor of these our Kingdomes.

That the same complement be done to the Sonnes and Brothers in law of the Kings of these our Kingdomes, as to their wines, and to the daughters and sisters in law of the said Kings as to their husbands. As for that which is to be done by the said Royall Personages to others, it is not Our will to innouate any thing of that which hath hitherto beene and is accustomed.

In like manner We will and command, that the same stile which is vsed and obser­ued in the petitions which are giuen in Our Councell, and in other Councels, Chan­ceries and Tribunals, and that which is [Page 44]accustomed in speech when they are in Councell, be obserued as hitherto in all things which shall not be contrary to this Our letter and prouision, excepting only, that in the top may be put, Powerfull Lord, and no more.

That in the references of all Our let­ters, scedules, and prouisions where Our Secretaries were wont to put, By his Maie­stie, they put, By the King our Lord, as now it is done; and that the same be done also in the references of the Notaries of Our Chamber.

And that in all other seats of Iudgement as well belonging to the King, as any other whatsoeuer, whether the speech be in parti­cular or in publike, the petitions, demands, and complaints shall begin in the line, and with the same businesse which is to be trea­ted of without placing any title, word, or signe of any complement either at the top or any other part, only at the end it may be said, Wherefore I implore the office of your Lordship or Worship; according as the Persons or Iudges are to whom a man [Page 45]speakes; and the Notaries may only say, By the command of N. Iudge, setting downe his name and surname only, and the name of the office of 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 [Page 47]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, [Page 48]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 [Page 49]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, [Page 50]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 [Page 51]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 San­ction, made and publisht in Court; and that you obserue, accomplish and execute the same, as such in and throughout euery part of it, according and as is contained therein; and that you at no time, nor in any manner wayes goe or passe against the tenor and forme hereof, vpon paine of the said punishments, and those other where­into they fall who passe against and breake the commandements of their Kings and [Page 52]naturall Lords, whatsoeuer lawes or edicts to the contrary notwithstanding; All which We by these presents doe abrogate, and take away, and giue for none at all, and of no value or effect: And so in like manner We command all Iudges and Iusti­ces whatsoeuer in these our Kingdomes, and all persons to whom the execution and performance of the foresaid doth or any manner of way may belong, that inuiola­bly with all rigour they keepe, accomplish, and execute it vpon the transgressors, and that, not hauing an Informer, they pro­ceed against them Ex officio, and hauing an Informer, that the Iudge or Iudges either not prosecuting the causes or giuing ouer to prosecute them, shall incurre and fall in­to the same punishments wherein the said transgressors should haue been condemned and executed, and into two yeeres suspen­sion from their offices: And whatsoeuer shall be contrary to this Our law, disposed by any other whosoeuer in these Our king­domes, We abrogate and nullifie all, and command that this only which is contai­ned [Page 53]herein, be kept, fulfilled, and exe­cuted.

And because it is thus ordained and com­manded, and that it may come to the no­tice of all, and no man pretend ignorance, We command that this Our Letter and Pro­uision be publikely proclaimed in this Our Court, and that that which is therein con­tained be obserued and accomplished, and executed precisely and inuiolably in this Our Court from the time of the publicati­on, and in other parts and places of these Our Kingdomes, within thirtie daies after the publication; and that you both the one and the other, by no manner of meanes doe otherwise hereafter, vpon paine of the said punishments. Dated in Madrid, &c.

And after, on the fourth of Aprill of the same yeere, wherein there are two Chap­ters to this purpose.

That to Princes, Dukes, Marqueses and Earles, which be strangers, may be giuen the stile of Lordship.

Also We permit, that our Embassadours which doe and shall reside in Our Embassies [Page 54]about the Persons of other Princes, may haue the stile of Lordship.

Chap. 16. Of the mode­ration of the Dowry, Iew­els, and Ap­parell.

ANd because the excesse and head, where­unto the charges are come which are made in mariages, and the obligations which therein are introduced, it is con­sidered to bee a charge and burthen to the subiects, because they consume their commodities, and morgage their houses, which doth increase the depopulation of this Realme, seeing that the same are so great, precisely the dowries must be so, whereby they are hindered. For men nei­ther dare not nor cannot enter (by reason of so great charges) into the state of Matrimo­nie, considering that they are not able to sustaine them with the goods they haue, nor women haue not sufficient dowries to supply them, and from thence there arise other inconueniences in the customes, and against the tranquillitie of the Common­wealth; We doe ordaine and command, that for so much as concerneth the dow­ries, there be held, accomplished, and exe­cuted [Page 55]that which is ordained by the first law of the second title of the fift booke of the Recollection, and that according to the same, euery person of what estate, qualitie, dignitie, or preheminence soeuer hee be, that shall haue two hundred thou­sand Maravedis, and so vpwards to fiue hundred thousand Maravedis of Rents, may giue in dowrie to euery one of his daughters lawfully begotten, a million of Maravedis, and no more; and he that shall haue lesse rents than the said two hundred thousand Maravedis, may not giue, nor shall giue in dowrie aboue six hundred thousand Maravedis, and no more; and hee that shall surpasse the foresaid fiue hundred thousand Marave­dis, vntill a Million, and one hauing foure hundred thousand Maravedis in rents, may giue a million and a halfe of Mara­vedis in dowrie: and hee that hath a million and a halfe of rents, and so vp­wards, may giue in dowrie to euery one of his lawfull daughters, one yeeres rent, and no more, wherewith he may not ex­ceed [Page 56]twelue Millions of Maravedis, not­withstanding his said yeerely rent be more than twelue Millions. And likewise con­cerning the excesse in Iewels, apparell, and other things, which are giuen and made at the time of espousement: Let there be kept the said first law of the se­cond title, of the fift booke of the Re­collection, and in conformitie thereof, that no person whatsoeuer, of what estate, qualitie, or condition soeuer he be, may giue, nor is to giue to his spouse and wife in Iewels and apparell, nor in any other thing whatsoeuer, more than the eighth part of her dowry shall amount vnto which he is to haue with her, which is to be in the quantitie and forme afore­said. And from henceforth we make void and of no value and effect, the contracts, agreements, or promises which shall be made in any other manner, and for lost the quantities or thing wherein they shall exceed in any of the aforesaid Cases, and We doe apply them for the same fact to Our Chamber.

And because there may with more pun­ctuality be accomplished that which is ordai­ned, that the Ioyntures may not exceed the tenth part of that which the free goods shall amount vnto; We doe ordaine & command, that in Our Councell chamber there bee not giuen any power for the dispensation therof, and from henceforth We make void, and of no value and effect, whatsoeuer power shall be giuen to the contrary: and for the more certainty of the execution of the premisses, the Notary before whom they shall acknow­ledge the writings, shall be obliged to giue an accompt of such Contracts to the Iustice of the Country or place where the same shall be made; and the Notary of the assembly of e­uery place, shall keepe a booke wherein hee shall take the reason of the said Contracts, and the quantity, dowry, and Iointures: and the Iustice shal certify whether the said dow­rie and Iointures, Iewels and apparell which they haue giuen, doe exceed the quantity which by this Act is commanded; and hee shall execute the penalty & application made for Our chamber: And that hence forwards this shall be put for an Article of residence, [Page 58]and this law may not be renounced, but tru­ly obserued.

Chap. XVII. That to the Ladies of the Court there shall be giuen but a million of marauedis in dowry, and a petticoat.

ITem, To the end that (in Our Royall house things may bee set in good order) and Our example to be the surest law, and an executi­on on to others; We do ordaine and command, that to no Lady of the Court there may bee giuen for her dowrie and mariage, or to settle her for any other way, more then the summe of one million of Marauedís, and a petticoat, without any other preeminence or honora­ble title, nor office, nor other kind of dignity, which is the very same that was giuen in the time of King Philip the second, my Lord and Grandfather: and with the Portugall Ladies let there be done that which was done in the time of the Kings of Portugall, before that Kingdome was incorporated with this Crowne, and that vnto those of the Chamber, there bee giuen no more but fiue thousand marauedis, which haue beene ac­customed.

Chap. XVIII. That his Maiesty will not giue any office, nor place of iu­stice, nor of his house, in mariage.

ITem, It is Our will, and We haue resolued, that there shall not be giuen, nor Wee will [Page 59]giue to any person whatsoeuer, neither for dowrie, nor preferment, nor other particular title, any place nor office of Iustice, nor pub­licke authority, nor any of our Royall house and Wee command that no person whatsoe­uer be so bold as to require it, neither by wri­ting nor word of mouth, vnder penaltie of Our displeasure and punishment as shall bee found fitting.

Chap. XIX. Priuiledges which are gi­uen to the state of Ma­trimony.

ITem, To the end that for all there may bee a helpe for encrease, being a thing so im­portant, and for the felicity and frequency of the state of Matrimony, which thereof fol­loweth; We doe ordaine and command, that foure yeares after the day of any bodies ma­riage, he shall be free of all charges and pub­licke offices, recoueries, hosts, souldiers and others; and the two first years of these foure, of all royall taxations and offices, and of the forraine money, if it happen to fall vpon them: and if any marry before the age of eighteene yeares, hee may administer and enter in the eighteenth on his goods; and those of his wife, although shee be younger, without asking any leaue of Authoritie. [Page 60]And to those which are full fiue and twenty yeares, and are not married, may bee put to the sayd charges and publike offices, and are bound to serue them, although they are in the power and house of their fathers.

ITem, That he which shall haue sixe male children aliue, shall be free for all his life time from the said charges, and publike offi­ces. And although there be any of the chil­dren wanting, the priuiledge continueth.

And because besides the reasons aforesaid of the excesse in the dowries and charges, po­uerty and want is, that many women are without meanes to bee marryed, willing to giue them some succour; Wee doe ordaine and command, that from henceforth the goods which shall be (mostrencos) in euery place, shall serue and be applied for the ma­riage of poore women and orphans; and from henceforth We giue the same to be ap­plied for the same effect, notwithstanding any lawes and orders made to the contra­ry; and that the same come into the power of the person which the Councell, Iustice and gouernment shall nominate, to the end that [Page 61]from thence it may be employed in the cases which shall happen by the interuention of the said Councell, hauing a regard to the age, quality, and pouertie, and other considerati­ons, for to qualifie pouerty, or for the pre­ferment of them, if in case there bee more then one.

ITem, That amongst the rest of the forced Legacies of the Testaments, there shall hereafter be put a legacy for the marying of poore women and orphans, and they shall be bound to leaue some quantity or summe for that effect. And Wee doe charge the Prelates to gather the same, and to put the same in good keeping, and employ the sayd legacies, & also the execution, as if Our most holy Father had beene pleased to grant it (as we haue desired him,) and for themselues in that which they can, examining the pious workes which shall be in their Bishoprickes, applying them which shall bee found least profitable, for the marying of orphans and poore ones, seeing it is so meritorious a work; and also the pious works which haue no per­ticular application, in such manner to put it [Page 62]to this, and that of the small almes which they giue, they may apply that part which they can to this worke, seeing in the regular there is none, which can bee so much for the seruice of GOD, and good of this King­dome, and for the succour and helpe of the poore.

Moreouer, Wee require and charge all Prelates, of Churches, Cathedrals, & Mona­steries capable of goods in common, as well of Friars as of Nunnes, that they will iointly procure, and euery one by himselfe, to reme­die and helpe poore women and orphans in the places where they shall be, seeing that amongst the obligations and almes where­vnto the Ecclesiasticall goods and rents are bound, in the estate which this day this king­dome hath, this is one of the most precious and meritorious.

ITem, Because it is very needfull, that the ef­fects, which may be expected of that, dis­posed in this Law, may not bee badly put forth for want of disposing and exucution, Wee ordaine and command those of our [Page 63]Councell, that with particular care and con­sideration they attend that all that which is afore-said be kept, accomplished, and execu­ted, alwayes procuring to vnderstand if it bee so done, and in effect to prouide all that which shall be needfull.

Chap. XX. The meane whereby the Nobilitie is to be appeased

AND because hatred, malice, and other respects, and particular accidents haue taken so much place, in the meane of the ap­peasing of the nobility and purenesse, in the Acts which are required, with so little credit and consolation to the Nation, with so much vnquietnesse and discord in the Common­wealth, with so great cost of goods and liues, and perill in the consciences, which is iudged in the gouernment to be the worthiest thing to be repayred, as well for the remedying of so great inconueniences, & by reason where­of there ariseth generally so much dammage in the Kingdome and particular houses, be­cause there should be maintained in their pri­mitiue quality and institution, the holy Sta­tures, and the profitable and laudable ends of the common benefit, whereunto the same tended; and which by their good [Page 64]vse, men haue beene experimented, and in substance being so needfull, and not to preiu­dice the same by the accidents in any man­ner, Wee ordaine and command, that from henceforth no person, of what state and con­dition soeuer he bee, may not giue, nor let him giue, nor also to admit, nor let him admit memorials without subscription, and that if the same shall be admitted in any Councell, Tribunall, Church, Colledge, or other com­munalty, where there is necessary the qualification of the nobility and purenesse, let no credit bee giuen thereunto, nor take place, if the same be generall, and render no particular reason of the things the same con­taine, although they cite and choose wit­nesses, and although they alledge publique fame, and may onely be in order admitted for to enquire, and for no other effect, when they shall elect and choose Sanbenito 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 [Page 65]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 [Page 66]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 [Page 67]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 [Page 68]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 S ^t. 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 [Page 69]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, [Page 70]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, [Page 71]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 so, that according to Law, if it should bee proued the contrary of that which they containe, they cannot prejudice, because the truth doth not moue for the only will: Wee ordaine and command, that if the said Confessions be not helped with some other reason whereby it may be induced, that the matter is not in sole termes of confession, it is not sufficient to hinder the nobility and purenesse, but proceed to qualifie it, as if the same had not beene, and according to that which shall arise let the determination bee, ruling this according to law.

ITem, Because some of the Tribunals and Communalties which require Acts of no­bility and cleannesse, doe draw nearer or fa­ster more then other qualities of the proofe and qualification, and particularly the Col­ledges, not contenting themselues with the affirmatiue how that they are cleane, but also [Page 72]require, that the contrary hath not bin heard nor doubted, which quality and verification hath giuen occasion that many families re­maine noted vniustly by the malice and ha­tred wherewith many goe forwards in this matter, and if now it goe in the same forme besides the foresaid inconueniences, it would preiudice the rest of the Communalties and Tribunals, in the which they require nobili­tie & purenesse; We do ordaine & command, that all that which is disposed and contained in this Act, be kept, accomplished, and exe­cuted vniformally and equally in all Tribu­nals, Communalties and Colledges, without any exception or difference.

Chap. XXI. Meanes for increase of people.

LIkewise because the increase and multi­tude of people, is the onely and princi­pall foundation of Common-wealthes; for the increase and conseruation whereof, greater diligence and care is to bee applyed, though that many thinges contained in this Act, doe in some sort prouide, and are there­vnto directed; desiring to hinder and stay the Diminution herein, which dayly encreaseth, and to preuent the causes from whence it hath proceeded, and to dispose the matters of Gouernment, and quiet of the Subiects, in such sort that there may be hoped great mul­tiplication and increase; and considering the great importance that there is, to procure by all wayes and meanes, that this our Intention may haue his desired effect, hauing conside­red the greatest meanes which may bee a­uayleable hereunto: Wee doe ordaine and Commaund, that no person of what estate, condition, or quality soeuer, may depart out of these our Kingdomes with his House and Family, without our Licence, vnder penalty of the losse and forfeyture of the goods that they shall leaue therein, and that the Iustices, [Page 74]and Officers of the Ports, and any other per­son whatsoeuer, may stay and detaine the said persons and goods, that they shall carry with them, and shall be very carefull to vn­derstand the departure of any, and diligent for the execution; and whosoeuer shall not obserue the Contents of this Act, shall be de­priued of his Office.

Likewise because by the great concourse of people in this our Court, and the great multitudes which reside in the Citties of Si­uill, and Granada, there arise many inconue­niences, as well by the number which liue Idely, and the danger wherein they liue, in such a confusion, & the meanes wherby they procure their maintenance, as in the other Cities, Townes & Villages of the Kingdome, for the great importance, that there bee an in­crease in all partes, that the Land may be pre­serued, and Iustice better administred, Wee doe Commaund, that as touching the Go­uernment of this our Court, that therein there may not bee more persons then need­full, and so great a concourse be diminished, and euery one may be knowne, who hee is, what Occupation, or cause of residence hee [Page 75]pretendeth, and how long hee hath resided, that the confusion hitherto may bee remedi­ed; being precisely obserued and kept, that which is ordayned concerning the Registers and Diuisions, and shall bee ordayned by those of our Counsell; and for many reasons of vniuersall benefit which haue beene con­sidered. Wee doe likewise Commaund, that those sixe Diuisions, whereinto the Court is diuided, and in euery one of which, one of the Iustices of our House, and Court, with his Officers is commaunded to liue and re­side, bee deuided into sixteene Diuisions, the most proportionable that may bee, and that in euery one of them, doe reside some one of our Counsell, in the Houses which Wee com­maund to bee allowed for them, who wee Commaund and Charge carefully to know and vnderstand, the quality of the people that liue therein, and the Professions and imploy­ments they haue, what occasions there are of scandales and offences towards God, and whatsoeuer else shall bee executed and done in the said Diuision, that by the Authority of his person and Office, hee may procure it to rest in a conuenient and setled estate, and [Page 76]that for the accomplishing and executing of the diligences and occasions which shall bee offered, there bee appointed to euery one a Purseuant of the Court, which shall liue in the same Diuision, and that the Iustice of the principall Diuision, ought to repaire to those of our Counsell, who shall liue within it, and giue an account to them of what shall happen, and that they may appoint him what shall seeme conuenient, that by this care and correspondency there may be a con­sideration and accompt of the whole.

And wee Commaund, that hencefor­ward, no person of what estate, condition, or quality soeuer, may come to liue and re­side with his House and Family in this our Court, or in the said Citties of Siuill, and Gra­nada, nor may bee admitted or suffered in them, vnder punishment of a Thousand Duc­kets of the person offending, and from the Iu­stice & Gouernment, who shal admit & per­mit them to liue there, from each particularly Two hundred Duckets, and let it bee set downe for an Act to remaine.

And because by the non-residence of the Nobility and Gentry at their houses and ha­bitations, [Page 77]there haue beene found most grie­uous inconueniences, as well in the publicke gouernment of the Kingdome, and whereby the neigh bourhood & Villages are decreased and depopulated; for that it is most absolute, that the seruants and vassals which were su­stained by them, doe follow them, and in the part where they goe, doe liue idlely and vn­accommodated, & for that those that remaine behinde, and are not wel gouerned, nor main­tained in peace and Iustice, as they ought: nei­ther are the Iustices carefull to remedy it, ra­ther in many cases and occasions proceed ab­solutely, seeing themselues superiours, from whence resulteth the morgaging and decay of their houses and estates: seeing besides the losse of the commodity, and small charge, wherewith euery one liueth vpon his owne, and the Obligations in the Court, and other great places, being greater; the expences must needes be greater, and therefore they encrea­sing, and the Tenants and Rents decreasing, (because all suffer declination, and decay by their absence) it is of absolute necessity, that they must consume and decay: and although their owne conueniencie, being so well [Page 78]knowne, might be sufficient to oblige them to procure the remedy, that there might be no defect of our part, that it may be ob­tained. We ordaine, and commaund, that all the Lords, Knights, and other persons what­soeuer, who shall haue their estates, rents, and goods, charged with Fines and amercements, belonging vnto vs, with condition to re­deeme them within a certaine time, may en­ioy the said time, within the which they ought to make the said redemption; with condition that this be, and is vnderstood to be, being resident in some place of his estate, or where they shall be neere, and so we re­uoke that which is contained in the ninth Act, the third title of the fourth Booke of the compilation, by the which our Officers may make their demaund in this our Court, and we commaund to make them in those parts, where conformable to right they ought, that by occasion of sutes, they may not leaue their estates, nor continue their residence in this Court.

Likewise, we permit that the Strangers of these Kingdomes (so that they be Catholikes, and friends of our Crowne) who will come [Page 79]to exercise their professions and labours, may haue free liberty: and we commaund, that actually exercising any Trade or labour, and liuing twenty leagues within the land from the Ports, they be for euer free from the tri­bute money, and for the space of sixe yeares from Subsidies, and ordinarie and extraordi­narie seruices, and likewise from the common and publike charge, in the place where they shall liue, and that they be admitted, as the rest of the neighbours, to all commodities; and we doe charge the Iustices, to accommo­date them with houses and lands, if they shall haue neede. And other Strangers, although they be not Craftesmen nor Labourers, hauing liued in this Kingdom the space of ten yeares, with a family, and being married to a wo­man of our Dominions the space of sixe yeares, bee admitted to the Offices of the Common-wealth, so that they bee not high Sheriffes, Gouernours, chiefe Iustices, Maiors, Sheriffes, keepers of pledges, Receiuers, Clerks of Assises, Receiuers of pawnes, nor others of gouernment: for as concerning this and eccle­siasticall Benefices, wee referre them to our Lawes: and wee commaund the Iustices to [Page 80]accommodate them in all that may be, with houses and lands for their labour, for the be­nefit, which is considered by their abode, with these conditions.

Cha. XXII. That there may not bee Schooles of Grammar but in Cities and Townes, where there shall be a Iu­stice or De­puty.

IN like manner, because there are consi­dered many inconueniences, by hauing Schooles of Grammar in so many parts of this Kingdome, seeing that in so many places, nei­ther can bee had commodity for to teach it, nor those which doe learne it, doe gaine the necessary fundaments for other faculties, are rather so ill taught, and instructed, that they faile altogether of the necessary principles and rudiments, and without ability or disposition to profit in them; and so, many proceede vn­to greater studies, and loose the time which they haue imployed in learning the Latine, which being imployed in other Mysteries and Occupations, had beene more profitable to them, and to the Common-wealth. Wee commaund, that in these our Kingdomes, there be no Schooles of Grammar, but in Ci­ties and Townes, where there bee Iustices, wherein likewise may enter Lieutenants, Go­uernours, and the chiefe Iustices of places of [Page 81]the Orders, and onely one in euery Citie and Towne; and that in all the foundations of Schooles or Colledges which are; with charge to read Grammar, the Rent whereof doth not amount to three hundred Duckets, it may not be lawfull to reade: And we doe forbid the power to erect or finde any parti­cular Schoole of Grammar, with a greater or lesse Rent then three hundred Duckets, vn­lesse it shall bee (as aboue said) in a Citie or Towne, where there shall be a Iusticeship or Tenencie; and if it be erected, it may not be taught vnlesse therein there be no other: for in such a case we doe permit, that it may bee founded and erected, the Rent amounting to three hundred Duckets and no lesse. And likewise wee commaund that there bee no Schooles of Grammar in the Hospitals, where exposed and forsaken children are brought vp and educated, and that the Gouernours and Superintendants haue care to apply them to other Arts, and particularly to the exercise of the Sea, wherein they shall be very profita­ble, by reason of the want there is in the Kingdomes of Pilots. But wee will that the Schooles and Seminaries bee preserued, [Page 82]which ought to be according to the Coun­cell of Trent.

Cha. XXIII. That the publicke Stewes bee abolished.

IN like manner, because wickednesse and corruption, to the height whereon Na­ture is ascended, hath changed the nature and effects of excusing greater mischiefes, where­vpon is founded the tolleration & permission of the publick Stewes, in such sort, that it ma­nifestly appeareth, that they rather administer occasion, meanes, and disposition, that the same effects are committed, which would bee preuented, and that they serue onely as a profession of Abhominations, scandales, trou­bles, and the corruption of many people; and because it is vnlawfull to permit this in so Christian a Common-wealth, and that Wee are Religiously bound to preuent, and cut off all offences, and occasions of offences towards God, and especially of this quality, seeing that by the contrary some great pu­nishment may iustly bee feared, hauing thereby so highly prouoked and displeased his Diuine Maiesty; and particularly a grea­ter pronenesse and disposition, then that is fitting being Discouered, in all places and in [Page 83]all kinde of people; And therefore the said publicke Stewes haue remained in few parts, where they are lesse hurtfull and offensiue, by reason of the number of Women, that there abound; and the diuers wayes that wickednesse hath inuented for the execution of this offence; And hauing considered, that holy Kings, and well gouerned Common­wealthes haue preuented this michiefe, with­out any inconueniences that insued, rather many conueniences thence proceeded in the seruice of GOD, and the Gouernment.

Wee doe Ordaine and Commaund, that from hence forward, in no Citty, Towne, or Village of these our Kingdomes, it may bee lawfull to permit publicke Stewes, or Com­mon houses, where Women may make a profite and sale of the vse of their Bodies; and Wee doe prohibite and forbid them, and Commaund them to bee abolished, and strictly Charge those of our Counsell that they haue particular care for the execution hereof, as of a matter of great importance; and that the Iustices euery one in his precinct and Diuision doe execute the Contents here­of, vnder Penaltie, that if in any part they [Page 84]shall consent, suffer and permit them, for the same offence, shall bee depriued of his Office, and condemned in Fifty thousand Maraue­dis, to bee applyed in three partes, to wit, our Chamber, the Iudge, and Informer, and this Act to remaine for euer.