A PROCLAMATION Of his Majesty The King of Spain. For the Conservation of the Contrabando. Revocation of the Permissions. Prohibition of the use of the Merchandises, and Fruits of the Realms of France, England, and Portugal; and Reformation of Vestures, and Apparel, and other things. Published in Madrid, the 11 th'. of September, Anno 1657. Translated out of Spanish. LONDON, Printed by G. Dawson, for john Sweeting at the Angel in Popes-head Alley, anno 1657. Licence, and Tax. I Lewis Vazquez de Vargas, Notary of the Chamber of the King our Lord, and of those of his Council, do certify, That by the Lords thereof, each of the Proclamations which his Majesty commanded to be published for the conservation of the Contrabando, Revocation of the Permissions, prohibition of the use of the Merchandises, and Fruits of the Realms of France, England, and Portugal, and Reformation of Vestures and Apparel, and other things, was taxed at Twelve Quarts, and at this (and no higher price,) it maybe sold. And they also Command, that no Printer of these Realms shall print the said Proclamation, but he that shall have Licence of Don james de Canizares y Arteaga Secretary to the King our Lord? and Notary of his Chamber, the ancientest of those of his Council. And to the end it may appear by command of the said Lords, and at the request of the said Don james, I do give these presents in Madrid the 11. of Septemb. 1657. LEWIS VAZQUEZ de VARGAS. Done Philip by the grace of God King of Castil, Leon, Arragon, the two Scicilia's, jerusalem, Portugal, Navarra, Granada, Toledo, Valencia, Galicia, Mallorca, Sevill, Cerdenna, Cordova, Corcega, Murcia-Iaen, the Algarves, Algezira, Gibraltar, the Canary Islands, the East and West Indies, and Islands, and firm land of the Ocean Seas, Archduke of Austria, Duke of Burgundy, Brabant, and Milan, Earl of Aspurgh, Flanders, Tirol, and Barcelona, and Lord of Biscay, and Molina, etc. To the Infants, Prelates, Dukes, Marquesses, Earls, Rich-men; Priors of Orders, Commanders, Sub-Commanders, Captains of Castles, strong houses, and others; and to those of our Counsel, Precedent, and judges of our Audiences, Alchaldes, and Alguaziles of our House and Court, and Chanceries, and to all the Corregidors, Assistants, Governors, Alcaldees, chief and ordinary Alguaziles, judges, Prevosts, Counsels Universities, Aldermen, Regidors, Knights, Magistrates, Esquires, Officers, and goodmen, and to all and every of our Subjects, and Nations, of what Estate, Dignity, or Pre-eminence soever they shall or may be, of all the Provinces, Cities, Towns, and places of these our Realms, and Lordships, as well to those that present are, as to such as hereafter shall be. 1. Know that by our Laws, Proclamations, and Mandates published in these Realms, the commerce with the Realms of Portugal, France, and England is prohibited, upon several penalties, even to the death of the Transgressor's, and loss of their Estates; And because so weighty a business hath not had the execution it requireth, these Realms have sustained, and do sustain very great damages, the silver and gold being carried out of them, and our Subjects and vassals estates, vainly spent in useless and unnecessary things, our enemies enjoying as much convenience and profit as they could have done in time of peace, by the introduction of their Merchandizes, as well by venue of certain permissions that have been granted, and by the toleration and disimulation of some, who by their own obligation, and by their places, and offices, aught to have prevented the same, Desiring to put a stop to such great inconveniences and disorders, and provide a remedy for them, and absolutely to shut the door against the introduction of all sorts of Goods and Fruits of the said Realms, which being seen by our Councils, and that which concerning the premises, the whole Realm united in Parliament hath petitioned us for, (which at present is sitting,) and having consulted with us, it was agreed, that we ought to command these our Letters to be given, which we will, shall have the force of a Law, and a Proclamation set forth by Royal Authority, as if they were made and promulgated in Parliament, whereby we do command the Laws, Proclamations, and Mandates prohibiting Commerce with the said Three Realms to be indispencably kept and accomplished, and the penalties put in execution which thereby are imposed on, and established against the Transgressor's of the same, which the amplifications, and Declarations contained in this our Law and Proclamation. 2. And whereas the years passed we granted several Permissions for the importing of the Merchandizes and Fruits of the said Realms, and the time limited for the use of them, or the greatest part thereof is now expired, and we are informed, that what they have imported without entry made in the Custome-houses, will satisfy for what time or quantity soever they may want, and that already they have got greater profits by the frauds they have committed. We do suspend and determine all and every the said Licenses, and permissions which have been given, notwithstanding it may be alleged and proved, that the term, or the quantity thereof is not accomplished. And we do will, and it it is our pleasure (for the motives aforesaid) that no use be made of the same for any cause or pretence, after the day of the publication of this Proclamation, for that from henceforth it shall be put in execution. And we do command that they remain void and canceled, as if they had never be granted. 3. And for as much as some persons through their great covetousness and malice have made it their employment and practice to receive and dispatch, and introduce unwarrantable and prohibited Goods, notwithstanding the penalties commanded to be imposed upon them by the Laws, Proclamations, and Mandates, touching the prohibition, and importation of these Merchandises from the said three Realms, and thereby have made, and do make it facile to find Merchants, and other particular persons that buy them to resell, or otherwise dispose of them. We do will, and it is our pleasure that such dispatchers, and introducers, Merchants, Shop keepers, Factors, Commissioners, Brokers, and particular persons as shall buy, or have these, shall incur the penalties expressed in one of our Mandates of the one and thirtieth of January, Anno 1650. and in the last, which was published in these Realms, touching the prohibition of Trade with the Realm of England. And for that we desire this prohibition may be established so absolutely, that no doubt may be made of our royal pleasure. We do command, that by no Council, Tribunal, nor Committee, it shall, or may be consulted with, nor propounded unto us to grant Licence, or permission against that ordained in this our Proclamation. 5 And the execution and accomplishment of all the premises is: (for the better prevention) to belong unto the ordinary Justice of our Realms, and to the Surveyors, and Judges of the Contrabando, nominated by our Counsel of War, in the form, and as is ordained in the Proclamation of the one and thirtieth of january of the said year 1650. 6 And that a remedy may be provided for the evils aforesaid, and the door shut against the introducing of the Fruits and Merchandizes of the said Relms, (holding the prohibition of the use of these Merchandizes, the most efficatious remedy) for their being not any that may spend them, the occasion and interest to bring them will cease; We do Command, that no person of what estate or pre-eminence soever he maybe, neither Man, nor Woman, shall him, or herself, nor for no cause make use of any Merchandise of Enemy's Realms, of what quality soever it may be, under the penalties imposed on the said Receivers and Introducers thereof, expressed in the said Mandates and Proclamations. And the Tailors and Tradesmen that shall cut, sow, or make apparel, or any other thing that shall respect, or tend to the use and consumption of the said Merchandise of the said Enemies Realms, shall for the first time incur the penalty of twenty thousand Maravediss, and two years' banishments out of the Kingdom; and for the second time forty thousand Maravediss, * that is, whipped on an Ass' back. and public shame. 7 And because amongst other things that have occasioned the evils experimented in these Realms, by the nonobservance of the said prohibitions, hath been the excessive and unprofitable expenses in our Subjects, and vassals apparel, spending and consuming their estates in these superfluities, which is that we desire, and will now to remedy, and that every one in his estate may confine himself to the moderation he ought to observe, according to his degree, from whence two things will result; First, such disorders and profuce expenses will cease; and secondly, their estates will be increased by this moderation and due frugality, for so it is necessary for the maintenance of the State public. We do ordain, and command, That no person, Man, nor Woman of what degree and quality soever, he, or she may be, put on, nor wear in no kind of Apparel, Tisshew, Cloth of Gold, nor Silver, nor Silk that hath ground or mixture of Gold or Silver, nor embroidered, nor Lace, nor Edgeing, nor Galoon, nor Twist, nor stitching, nor Buttons, nor Ribbons of drawn Gold or Silver, nor any other thing wherein there is spun Gold or Silver, or true or false Plate, or Pendents of Gold or Silver, nor other kind of Trimming of the same, Steel, or Glass, Pearls, or seed of Pearl, nor other Stones true nor false; But we only permit Buttons of massy Gold or Silver to be used; Which Prohibition, nor any other, contained in this Proclamation shall be understood of what shall be made for Divine Worship, for that for the same may be made whatsoever shall be needful. 8 And we do permit for the honour of the Cavalry, Garments to be worn by the Soldiers that shall be actually in Arms in the Wars, or in other acts concerning the same, notwithstanding they be such as by this Proclamation are prohibited, and the like at the public Feasts of the Gentry on Horseback. 9 And we do also prohibit wearing of any kind of Bone, or Woven Lace of Silk of Thread, or putting it on Men and women's Apparel, on Gloves, Hatbands, and Garters, or any other thing, Vestures, and Apparel. And we do only permit plain in Men and women's Bands, and black only in their Mantles, being made in these Realms of Spain, and in the other places permitted by this Proclamation. 10 For Men and women's Apparel, they are to wear them of plain and wrought black, and coloured Velvet, Plush, Damask, Satins, plain and stiched Taffetas, and all other sorts of Silk, so as they be made in our Realms of Spain, and in those of our Dominion, and in the other Provinces in amity, with which Commerce is held; (provided all the Merchandises of this kind that shall be imported, be of the weight, measure, mark, and lay that those wrought and made in these Realms ought to hold, in conformity to that ordained by the 21, 22, and 23. Laws of the Twelfth Title of the Fifth Book of the Recollection, which we command shall be kept. And they may be trimmed with Welts, Lace, or Embroidery of Silk, so as none of these Trim exceeds the breadth of six fingers: and no otherwise shall they be worn, nor made use of by any person of what estate or quality soever he or she may be, under the penalties expressed in this Proclamation, which shall be applied in the form therein contained. 11 And we do permit with black or coloured Apparel embroidered, and embossed Sleeves, and Belts to be worn, so as they have not in the ground, nor in the said Embroideries, and Embossments, any thing of Gold, nor of Silver, for both the one and the other is to be of silk. 12 And that which is prohibited and commanded touching Apparel, is also to be understood of Stage-players, Musicioners of both Sexes, and other persons that be in Comedies to sing and play, unto whom there is only to be permitted plain Apparel of black and coloured Silk, provided it be made in these Realms, and in those of our Dominions, or in the Provinces in Amity. 13 We do permit the Liveries that shall be given to Pages, to be Cassocks, Breeches, and sleeves of plain silk, made in these Realms, and in those of our Dominions; and there shall not be any Cloaks given nor worn of silk, but of Cloth, Rash, Bayes, or some other thing, but not of silk, nor lined therewith, but silk stockings they may wear. 14 In Liveries of Lackeys, Coach men, and Sedan-men, We do Command that there shall not be any thing but Cloth worn, without any Trimming, Lace, Galoon, Well-tried, stitching, but they shall be plain, with Buttons before their Cassocks only. And we do permit the capes of their cloaks, breasts, and sleeves to be of plain or wrought coloured Velvet, provided they be made in Spain, and in the Realms of our Dominions, or other Provinces in friendship with us, and coloured worsted Stockings, but not silk. 15 And all Liveries that shall be otherwise made, and worn are to be declared as we do declare them forfeited and lost, and to be applied in manner aforesaid; and the Tailors that shall make them, to incur the penalties imposed; and the Servants and Lackeys that shall wear them, six thousand Maravediss, and two years' banishment five Leagues from this Court. And the same is to be observed in all the other Cities, Towns, and places of our Realms, under the same penalty. 16 And for the wearing of all the Apparel already made contrary to that ordained in this Proclamation, We do grant two months which shall begin from the day of the publication hereof, (with denial of longer time) which being expired, although they be not worn out, there shall not be any use thereof made, and the day that any person shall be therewith apprehended, such his apparel is to be lost, and applied by three parts, viz. to the Chamber, Judge, and Informer. 17 And we do declare and command, That from the day of the publication of this Law and Proclamation, there shall not, nor may not and Apparel, nor Vesture be made, but in the manner, and with the stuffs and Trim therein declared; And those that contrary hereunto shall be new made: and the Tailor that shall cut them, workmen that shall sow them, and Embroderer that shall embroder them, shall in cut the penalties imposed. 18 And because from henceforth the consumption of the Goods and Merchandises of the said Three Enemy's Countries that shall be found in these Territories is prohibited, We do permit them to be sent to the Indies, so as they be Registered in this Court within six days before one of our Council, that the Precedent thereof shall nominate; and in all the other Cities, Towns, and places of our Realms, before the ordinary Justices within other six days next after the publication hereof, and all those which shall not be Registered, (are to be lost;) And when they shall take and carry them From the places where the Registers shall be made, to send them to Cadiz, or to other Ports of Andalu-Zia, to be loaden in Fleets or Galleons, They are to take dispatches, and guides of the Justices from whence they shall go, and remain bound to bring Testimonies that the said Merchandises were laden in Fleets or Galleons, for that it shall not be lawful to sell them for more or less, for that from henceforth the commerce, and sale of the said Merchandises that shall be found in being, is prohibited, and that which shall be otherwise carried away, are to incur the penalties established against those that make use of the Goods prohibited by this Proclamation. But it shall not be necessary to Register the Merchandises which shall be of the Realms of our Dominions, and of the Provinces in Amity, with which commerce is held; for although many of them are are prohibited for apparel, coaches, and sedans, they may be permitted for other uses, and designed for the Indies, paying the Duties, without need of a new authority for the same. 19 And to prevent the molestation, vexation, and inconveniences, that would happen by the Justices and Officers frowardness, to enter into men's houses to seek and inquire, & do other diligencies to discover whether prohibited apparel be worn: We do command that they shall not enter into any house to do these diligencies, for they shall only make informations against the persons that should transgress, and go with such apparel in the streets, and in other public, places. 20 And we do also command, that from henceforth in obedience to that which a Chapter of the Law 2 Title, 12 Book 7. of the New Recollection, doth ordain, There shall not be any Sedans made with hands of Tisshew, nor of cloth of Gold or Silver, nor of any Silk that hath any therein; nor shall their linings be embroidered with any thing, for they shall not exeeed Velvet, Damask, or some other silk, and they may have fringe and lace Buttons thereof, but not of Gold nor Silver; and the pillars of the said Sedans may be trimmed with silk Lace, and little studs or nails. 21 And we do likewise command, according to another Chapter of the same Law 2. and the said Title 12. Book 7. that no Coach, nor Litter shall be embroidered with Gold, Silver, or Silk, or lined with Thisshew, cloth of Gold, nor of Silver, nor with any silk that hath any therein, nor with fringe, nor tufts, nor any other trimming of gold or silver Lace; And that they shall be only made of Velvet, or Damask, or of any other plain silks of those made in our Realms, and other Dominions, and in the Provinces in amity with which commerce is held, with silk, fringe, and galoon; and they may have the nailing gilt: but the iron work of the Coaches shall have no guilding. 22 And we do also command, That the cover of the said Coaches, Sedans, and Litter shall not be of any silk, nor the Trimming of Horses, Coach, Mules, and Littermen; and that the said coaches, and litters shall not be stitched, notwithstanding they are of Leather or Cordovan, much less shall they have on them any Trimming of Embroidered Leather. 23 And for the use of those already made, against that, ordained in this Proclamation, we do grant two years' time, which being expired, the Owners are not to make use of them for any purpose. And to the end those that are, may be known, they are to be Registered in this Court, before one of our Council that the Precedent thereof shall nominate within three days; and in the other Cities, Towns, and places before the ordinary Justices thereof within the same time, which is to begin from the day of the publication in this Court, and in the Cities where it shall be made, and of those that shall not be Registered, there shall not be any use made, and the day that they shall be made use of without registering, they are to be lost, and their value applied by three parts, viz. to the Chamber, Judge, and Informer. 24 And the Masters that make new Coaches, Litters, and Sedans, and the Workmen that shall frame, embroder, or stitch them, contrary to that ordained in this Proclamation, shall incur for the first time loss of the said Coaches, Littars, and Sedans which they shall have so made, or shall make, and fifty thousand Maravediz to be applied in the same manner; and for the second time the pecuniary penalty shall be doubled, and four years' banishment five leagues from this Court, and from the Cities, Towns, and places where they shall transgress. 25 And we do command all Justices of our Realms so to keep, accomplish, and execute it under penalty of deprivation of their Offices, which he shall incur, that shall be therein remiss or negligent, or shall in any manner dissemble; and those of our Council and Chanceries, to take particular care to punish the said Judges in their Residences as they shall see cause, and determine, having been remiss in the execution of this our Law, and imposing upon them such other penalties, which (according to the quality of the fault, they shall see convenient. 26 And whereas the observance of this Proclamation touching Vestures and Apparel will respect the good and public Government of these our Realms, which would be troubled with multiplicity of Jurisdictions, and so the punishments and execution of the penalties, not passing solely through the hands of our ordinary Justices. We do hereby give them privative Jurisdiction to take cognizance of the cases that shall respect the punishment and execution of the penalties of the Transgression, the use of the Vestures and Apparel, Silks, and Goods which are to be made, and other things contained in this Reformation; and we do command them inviolably to execute them against the Transgressor's, and the same to be done in the ordinary visiting of the Prisons, without power to moderate the same. 27 And no Gentleman of Military Orders, Captains, or actual Soldiers, or privileged persons of any Militia's, notwithstanding they are of our Guards, Titular Officers, or Familiars of the Inquisition, nor any other privileged by Law or custom, although they are not here expressed, and may be of equator greater exemption, shall enjoy any benefit by the privileges or exemptions they shall have by Law, or Custom, for that it hath never been our pleasure to grant them for these cases, nor that they shall be extended to these matters of Government; And we do inhibit all Counsels, Tribunals, and Judges, that may take cognizance of their cruses, by reason of their privileges, or places; And we declare them incompetent, and do command it shall not be admitted any to benefit himself by this recourse to hinder the progress of taking cognizance of like informations, and the punishment of his transgressions, and exclude him from the same. 28 All which our pleasure is, shall be inviolably kept, accomplished, and executed; and we do command you to cause it to be kept, accomplished, and executed, according, and as in these our Letters is contained, and declared; and against the form and tenor thereof, and that which therein is contained not to go, nor pass, nor consent to be gone, nor passed in any manner; And all Justices of these our Realms, each in his jurisdiction shall cause it to be kept as a Law, and Proclamation established by Royal Authority, which from henceforth is to be binding from the Publication in this Court, and in all other Cities, Towns, and places, from the time that it shall be published in the heads of their Jurisdictions. Given in Madrid the 11 th'. of September, Anno 1657. I the King. I Martin de Villela, Secretary to the King our Lord, did draw it by his command. The Licentiate D. Anthony de Contreras The Licentiate D. Christoper de Moscoso, y Cordova. The Licentiate D. Martin Iniguez de Arnedo. The Licentiate D. Anthony de Valdes. The Licentiate D. Laurence Ramirez de Prado. Registered. D: Peter de Castaneda. Peter de Castaneda, High Chancellor. Publication. IN the Town of Madrid the 11 th'. of the month of September, anno 1657. before the Gates of the Royal Palace, and Gate of Guadalaxara, where is the Trade and Commerce of the Merchants and others, is the Licentiates Don Francis de Quinones, Don Vincent, Banuelos, Don Francis Medrano, Don john Ramires de Arellano, Don john Buens de Roxas, Alcaldes of his Majesty's House and Court being present, this Law and Proclamation was published with Trumpets and Drums by public Criers, in loud and intelligible voices, at which were present Bartholomew Bracco, Francio de Moscoso, john Baptist Belarde, Alguaziles of the House and Court of the King our Lord, and many other persons; And to the end it may appear, I do give these presents the said day, month, and year. D. JAMES de CANIZARES y ARTEAGA. THe Register of the Coaches, and other things, is to be made before Don jeronimo de Camargo one of his Majesty's Council. FINIS.