Page images

And by reason that for justification of some causes, the judges and justices pretend, that the merchants should exhibit their books of trade; and thereupon they receive vexation and trouble; I command and will, that the books of the merchants of the said nation be not taken from them, but that they produce them in their own houses, to take out the article which shall be appointed, without demanding others; nor may be taken from them any other papers, upon punishment of him that shall contravene herein, to be chastised according to law.

And because likewise the merchants enter their goods in the custom-house of the city of Sevilla, of all the duties, which, because they are many, is made upon one sheet of paper, and firmed and signed by all the officers, and remains in possession of the warehouse-keeper of the custom-house, that by virtue thereof he may deliver such goods as go in bales, packs, trunks, and chests; and aster they have taken them out, and put them in their houses and warehouses, the head-waiter of the custom-house, and the officers of the half per cent, shall not search your houses nor goods, causing you trouble and vexation, asking of you the dispatches, it being manifest that you cannot have them, having left them in the power of the said head-waiter: I prohibit therefore and command, that the houses of the said merchants shall not be visited, nor be asked of them the dispatches of their goods, which doth not remain in their custody, so that this is to be understood, and is understood of the houses which are within the walls of the said city. And that it may be known thofe who are of the said nation, let copies be given of the said privileges and exemptions which concerns you, and were granted you, as well by the articles of the said peace, as in any other manner whatsoever; and for the execution and accomplishing of all the asoresaid, I command those of my privy council, and the rest of my counsellors, juntas, and tribunals of my court, and the presidents and justices of

I 4 my

my courts, as also the judges and justices of the peace belonging to my house, court, and chancery, and the regent and judges of my court de Grados, in the city of Sevilla, and the chief magistrate of the court thereof, and all mayors, governors, magistrates, and other inferior officers, as well of the said cities of Sevilla, Cadiz, and Malaga, and San Lucar de Barrameda, as of all other cities, towns, and places of these my kingdoms and dominions, and judges and justices thereof, of whatever quality and condition they may be, to whom principally or accidentally it shall concern in any manner whatsoever, the accomplishing of all that is contained in this my letter, that as soon as they shall have been required herewith, or with a copy thereof signed by a public notary (to which shall be given as much credit as to the original) each one for that part which shall concern him, observe and accomplish, cause to be observed and accomplished, in all, and through all, as is contained therein, without that in the whole, or in part, there be put any impediment, or other doubt or difficulty, that shall oppose or contravene its tenor and form, nor consent or allow that it be interpreted, limited, or suspended, in whole or in part, contrary to the cedulas, provisions, or other orders for observance thereof, in that part which shall relate to each of you, and that they provide and give the necessary orders for the greater security of the savour, which by this my letter I grant you, and that at all times this savour may be certain and secure to you, that you may have a judge conservator for Andaluzia, principally for the said cities of Sevilla, Malaga, Cadiz, and San Lucar de Barrameda, to whom I shall give sufficient commission for the preservation and accomplishing of the said privileges, liberties, and exemptions (which may oblige and compel all and every person whatsoever, of whatsoever condition or quality soever they be) as shall concern the said nation, as well in those in which they shall be defendants, as in those in which they shall be plaintiffs, although the


person which shall sue them, and of whom they shall be sued, may have any other special judges whatsoever, as well by covenant or contract which they may have made, as by the pre-eminences or immunities which they may have, because that of the said causes only the said judge conservator may take cognizance, and no other judge or tribunal whatsoever, although it be for any excess or notorious crimes, or in any other manner and form whatsoever; and the said judge conservator for the present, shall be Doctor Don Francisco de Vergara, judge of my court of Degrees of the city of Sevilla, during the time that he shall act therein, and in his absence, Doctor Don Francisco de Medrano, judge of the same court, who for matters and law-suits which shall offer in the said cities of Cadiz, Malaga, and San Lucar, may substitute his conscrvatorship in the person that shall be proposed by the said nation, that they may be laid before and remitted to him for the determination thereof; and of that which shall be so determined by him, they may appeal to my council, and not to any other tribunal: and because that my will is, that each one in his time may have jurisdiction and special commission to protect and defend you in all that is contained in this my letter, and that all of it may be observed and accomplished in the form that it is offered to you; I have thought fit to give charge, as by these presents I give them charge of the protection and defence thereof, and command them, that they fee this my letter, and the qualities, and conditions, and pre-eminences, and amplifications contained therein, and cause all of it to be observed and accomplished, in the form accordingly, and in the manner that is contained therein and declared, without consenting or allowing that in whole or in part they may put or do put any doubt or difficulty therein; and before the said Don Francisco de Vergara, and in his absence before the said Don Francisco de Medrano, and not before any other special judge, the first motion shall pass, and be followed in all causes and law-suits for what relates


thereunto, and cause the same to be executed, and a chastisement of the disobedient; for such is my will: and that the cognizance and determination of all that is contained in this special letter, shall concern them, and doth concern them, that they proceed against those .that shall be guilty, executing on them such penalties as the law requires, reserving, as I do reserve to my council, the appeals, which by their acts and sentences they shall interpofe, and not for any other tribunal, without that any ofthe rest of my councils, tribunals, courts, or chanceries, or any other judges or justices of these my kingdoms and dominions, of whatsoever quality they be, may intermeddle or do intermeddle therein, neither in the practice nor exercise of the special jurisdiction, which by this my cedula I grant them, be it by way of excess, appeal, or any other recourse whatsoever; to whom and to each of them I inhibit, and hold for inhibited their cognizance, and declare them for judges incompetent thereof, for the whole, and in each thing, and part thereof, granting them as full and complete power, and most ample commission as in law is required, and is necessary, with their incidences, dependencies, annexities, and connexities; and that aster them, the said English nation of the said city of Sevilla may name in the said commission one of the judges of the said court, whom the said nation (hall think, fit; and I command the president, and thofe of my privy council, that presenting before them his name in case the said commission be vacant by promotion or vacation of the said Don Francisco de Vergara, or Don Francisco de Medrano, or in any other manner, they shall be dispatcht by him that shall be named in the form accordingly, and as by this my letter is ordained: and for the better performance hereof for time to come, I grant them power, licence, and authority, that they may substitute and do substitute this commission for matters and law-suits, which shall offer in the said cities of Cadiz, and Malaga, and San Lucar de Barrameda, in the person which by you * " shall

shall be propofed to them, that they may examine matters and bring them to conclusion, and remit them the law-suits and causes you shall have, to determine them in the form they shall think fit and see convenient for the security of what is contained in this my letter; and I encharge the most Serene Prince Don Balthafar Carlos, my very dear and beloved son, and command the insantes, prelates, dukes, marquisses, counts, barons, knights, esquires, governors of castles, fortresses, and plains, and thofe of my council, president and judges of my courts, officers of my house, and court, and chancery, and all mayors, governors, deputy governors, justices of the peace, and other whatsoever justices and judges of my kingdoms and dominions, that they observe to you and accomplish, and cause to be observed and accomplished, this my letter and savour, which I do grant you, and against the tenor and form thereof, not to go nor act now, nor at any time, nor by any manner, perpetually, for ever, nor consent or allow that they be limited to you, or suspended in whole or in part, all its contents whatsosoever, laws or orders of these my kingdoms and dominions, ordinances, stile, use, and custom of the said cities of Sevilla, Cadiz, Malaga, and San Lucar, and all others which they have or may have to the contrary notwithstanding, for as much as doth concern these presents, accounting it to be here inserted and incorporated, as if it had been word for word: and of this my letter, Geronimo de Canencia, my chief treasurer and accountant, and my secretary de la Media Anata, is to take cognizance, to whose charge is committed the account of the said duty; and I declare, that of this savour you have paid the duty of Media Anata, which imports thirty-and-five thousand one hundred fifty-and-five maravedis in silver, which you are to pay every fifteen years perpetually, and that being complied with, you shall not have the power to use this savour without that it first appears that you have satisfied this duty, and also that you pay the judge


« PreviousContinue »