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

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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 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 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 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 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 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 Common-wealth 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 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
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 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 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 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 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 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 which shall be executed in the execution of their offices commissions other imployments which