Page images

And forasmuch as the merchants do dispatch the merchandize from the custom-house of the said city of Sivil of all duties, and because there are many which do make up a sheet, which is subscribed and signed by all the officers, and remaineth in the hand of the alcayde of the custom-house; for that by virtue thereof the merchandizes are permitted to go forth, which are in sardels, packs, trunks, and cases; and asterwards, when they have taken them forth, and put them into their houses and warehouses, the chief keeper of the custom-house, and the officers of the half per cent, do visit the house and goods, troubling and molesting them, demanding of them the dispatches, it seeming unto them that they may detain them, because they left the dispatch in the hands of the said alcayde of the custom-house; I do prohibit and command, that the houses of the said merchants shall not be visited, nor the dispatches shall not, nor may not be demanded of them, in regard they have them not in their hands; and this is to be understood, and is understood, of houses which are within the walls of the said city: and to the end it may be known to you which are of the English nation, there is to be delivered unto you copies of the said privileges and exemptions which do concern you, and which were granted unto you, as well by the articles of peace as by any other manner. And for execution and accomplishment of all the premises, I do command thofe of my council, and thofe of my councils, assemblies, and tribunals of my court, and the presidents and judges of my audiences, alcaydes, «and officers of my house and court, and chanceries, and the regent and judge of the court of degrees of the city of Sivil, and chief alcaldes of the precincts thereof, and all the corrigidors, assistants, and governors, chief justices and ordinaries, as well in the said cities of Sivil, Cadiz, Malaga, and St. Lucar de Barameda, as of all other cities, towns, and places of these my realms and dominions, and all other judges and justices whatsoever, of what

quality Quality or condition soever they may be, whom principally or incidentally may concern in any manner the accomplishment or performance of that which is contained in this patent, that presendy, so soon as they shall be by virtue thereof required, or the copy thereof signed by a notary public, that there be thereunto given as much saith as unto the original; and that every one, in the place where it shall concern him, do observe and accomplish, and cause the same to be observed, accomplished, and executed, in and for all things as therein is contained, and they shall not in all iior in part put upon you any impediments, nor any other difficulties or doubts, nor do any thing against the tenor and form thereof, nor consent or give way that it be interpreted, limited, or suspended in all or in part, or that to the contrary be given any sedidas, provisions, or other dispatches: but for observation thereof, in the place which shall concern every one, they shall give order and ordain to deliver unto you thofe which shall be necessary: and for more firmness and validity of the savour and grace which by this my patent I do grant you, and that at all times this savour may be certain and sure unto you, you are to keep or have a judge conservator in Andaluzia, especially in the said cities of Sivil, Malaga, Cadiz, and St. Lucar de Barameda, unto whom I am to give sufficient commission for keeping and accomplishing tile said privileges, liberties, and exemptions, who shall constrain and compel all and whatsoever persons, of what sort or quality they may be, that shall concern the said nation, as well those which shall be defendants accused, as those which shall be plaintiffs, although the persons which shall accuse them, and which shall be accused by them, have private judges, as well by consent as agreement which they may have made by pre-eminence or privilege which they hold, to the end the said judge conservator may only take knowledge privately of the said courts, and not any other judge or tribunal) although it be by way of excess or noto

rious justice, or in any other matter or form; which judge conservator is now Doctor Dnn Francisco de Vergara, judge of my court de les Grados, of the city of Sivil, the time that he shall assist therein, and in his absence, the licentiate Don Francisco de Modrano, judge of the same court, who for the suits which shall be commenced, in the said cities of Cadiz, Malaga, and St. Lucar, is to fubdelegate his conservatorship, in the person which by the said nation shall be propounded or named, that he may effect the same to the conclusion, and they shall be referred unto him to be determined: and of that which he shall determine, the appeal is to be made to my conncil, and not to any other court.

And forasmuch as my will is, that every one in his rime shall have primitive commission, and jurisdiction to protect and defend you concerning all the contents of this my patent, that all the fame may be kept and accomplished in the form which I do offer the same unto you, I have found good to charge, as by these presents I do charge them with the protection and defence hereof: and I do command them to fee or peruse this my patent, and the qualities, conditions, pre-eminences, and amplifications therein contained, and to cause all the same to be kept, accomplished, and executed, in such form and manner, and according as therein is contained and declared, without consenting or giving way, that in all or in part there be made unto you any doubt or difficulty: and before the said Don Francisco de Vergara, or in his absence, before the said Francis de Medrano (and not before any other judge) privately in the first instance, are to pass, and be followed all the causes and suits which, concerning the premises, or any thing or part thereos, shall be moved and caused, and the execution and punishment of thofe which shall not be obedient; for my will is, that the knowledge and determination of all the contents in this my patent, is in all things privately to concern, and shall concern them; proceeding in all things

against against thofe which shall be culpable, and executing for the same the penalties which are mentioned by law, reserving as I do reserve, the appellations which shall be put in upon their acts and sentences, to my council, and not any other court, without that any of my other councils, tribunals, courts, chanceries, or any other judges or justices of my realms or dominions, of whatsoever quality they be, may meddle, or shall meddle therewith, or in the use or exercise of the jurisdiction privative in the said first instance, which by this my patent I do grant unto them, by way of excess, appellation, or any other recourse or manner; the which, and every of them, I do inhibit, and hold for inhibited the knowledge thereof, and do declare them for incompetent judges thereof: for which and every thing, and part thereof, I do give them the most sufficient power, and most ample commission, which according to law is required and necessary, with the incidencies and dependencies, annexities; and after them the said English nation of the said city of Sivil, may name in the said commission one of the judges of the said audience, *rfiich the said nation shall chuse: and I do command the president, and thofe of my council of the chamber, that presenting before them their nomination (the case happening) to make void the said commission, by promotion or vacation of the said Don Francisco de Vergara, and Don Francis de Medrano, or to dispatch it in any other manner, by ordinary to him that shall be therein nominated, in the form according, and as by this my patent is declared. And that it may be the better accomplished, I do from this time give them power and authority, that they may subdelegate, and they shall subdelegate this commission, for the business and suits which shall be offered in the said cities of Cadiz, Malaga, and St. Lucar de Barameda, in the person which by you shall be propounded unto them, that they may substantiate them for a conclusion, and remit the suits and causes unto them to be determined, in such manner as they shall find good and

convenient, convenient, for the security of that which is contained in this my patent. And I do charge the most excellent prince Don Balthazar Charles, my most dear and most beloved son, and do command the insants, prelates, dukes, marquisies, earls richmen, commanders, and under-commanders, governors of castles, strong houses, and plains, and thofe of my council, presidents, and judges of my courts, alcaydes, and officers of my house, court, and chanceries, and all the corrigidors, assistants, governors, alcaldes, mayors, and ordinaries, and whatsoever judges and justices of these my realms and dominions, to observe and accomplish, and cause to be observed and accomplished, this my patent, and the savour or grace which thereby I do grant you, and against the tenor and form thereof, not to do or pass, now, nor at any time, in any manner, perpetually for evermore. Nor to consent or give way to be limited or suspended unto you, all or part thereof, notwithstanding whatsoever laws or statutes of these my realms and dominions, ordinances, style, use, or custom of the said cities of Sivil, Cadiz, Malaga, or St. Lucar, or any other thing which is or may be to the contrary; the which for this time, forsomuch as concerneth this matter, holding the same here for inserted and incorporated, as it were word for word written, I do dispense, abrogate, derogate, cancel, annihilate, and make void and of none effect, remaining in sull force and effect for all other things henceforward. And for this my patent Jeronimo de Canencia, auditor of accompts in my chief office of accompts, and my secretary of the mediaenate, shall take a copy, at whofe charge is the accompt and reason of this right. And I do declare, that for this savour you have paid the duty of the mediaenate, which amounteth to thirty and five thousand one hundred fifty-and-five maravediz in silver: which sum you are to pay from fifteen to fifteen years perpetually, and in case they do accomplish or end, you may not make use of this savour, until such time as it shall first appear that you have satisfied this Voi. II. "* D duty.

« PreviousContinue »