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Vol. I. Ch. II. 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 conservatorship 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 see 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 interpose, and not for any other tribunal, without that any of the 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 after 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 shall think fit; and I command the President, and those 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 dispatched 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 be proposed to them, that they may exa

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mine matters and bring them to conclusion, and remit them the law suits Vol. I. Ch. II. 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 Balthasar Carlos, my very dear and beloved Son, and command the Infantes, Prelates, Dukes, Marquesses, Counts, Barons, Knights, Esquires, Governors of castles, fortresses and plains, and those 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 Favor, 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, whatsoever 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 Favour, you have paid the duty of Media Anata, which imports 35,000,155 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 Favour without that it first appears that you have satisfied this duty, and also that you pay the Judge Conservator you shall name, the salary which he shall enjoy by the said occupation, which is to be manifested by certificate from the office of this duty.

Given in Zaragoza, the 19th day of March, in the year 1645.

THE KING.

I, THE KING.

Privileges

English nation.

To Doctor Don Francisco de Medrano, Judge of my Court of Degrees of Second Cedula, the City of Sevilla ;-Know ye, that by one of my Letters and Decrees of amplifying and the 19th of March, of this present year, I did grant to Richard Anthony, confirming the Consul of the English nation, and to the subjects of the Kingdom of Eng- granted to the land, which reside and trade in Andalusia, principally in this city, and in that of Cadiz, and in that of San Lucar de Barrameda, the privileges, exemptions and licences, which appertain to them, as well by the Articles of the Peace, as by the confirmation, and other Favours and indultos, which the King my Lord and father (now in Glory) granted them, and with the other qualities, conditions, pre-eminences, and amplifications in the said Decree declared, for having offered to serve me with 2500 ducats of silver, according as more largely thereby doth appear, to which I refer myself; and one of the conditions which I did grant them, was, that I would name and allow them a Judge Conservator for Andalusia, principally for the said Two Cities, and San Lucar de Barrameda, to whom should be given sufficient commission for the observance and accomplishment of the said privileges, liberties, and exemptions, who should take cognizance of all Causes both civil and criminal, which should be brought against them, in which they were made defendants, that before him should come all law-suits, and Causes whatsoever which should concern the said English, or any other persons whatsoever, of whatsoever quality they may be, as well those in which they shall be defendants, as in those in which they shall be plaintiffs, although the persons that shall sue then may have special Judges, as well by agreement or contract, which they may have made, by the pre-eminence or immunity which they

may have, because of the said Causes, only shall take special cognizance the said Judge Conservator, and no other Judge, or tribunal, although it may be by way of excess, or in any other manner or form whatsoever, and that for the causes and suits that shall offer in the said cities of Cadiz and Malaga, and San Lucar, may be substituted their Commission in the person, which by the said nation shall be proposed, that he may bring things to a conclusion, and that they be remitted to him to determine, and of that which the said judge shall so determine, they may appeal to my Council, and not to any other tribunal, and that the time you shall act in the said Court, you shall be esteemed as such, and in your absence, and after you, he whom the said nation, in the said city of Sevilla shall appoint, and because that my will s, that all this be observed and accomplished in the form as is expressed, I have thought fit to give charge to you, and by this present do give you charge of the protection and defence hereof, and command you that you see the said Decree, and the conditions, pre-eminences and amplifications therein contained, and all of it be observed and accomplished in form, accordingly, and after the manner that in the said Decree, and in this my Cedula is declared, without consenting or allowing that in the whole or in part, may put or be put any doubt or difficulty, and before you, and not before any other judge, at the first instance shall be brought and followed, all Causes and law suits, which thereupon, or any other thing or part thereof, shall be made, and cause cognizance to be taken of all Causes civil and criminal, in which they shall be prosecuted or against them shall be attempted, and before you shall be brought whatsoever law suits and Causes which shall concern the said English, between whatsoever persons or whatsoever quality they may be, and the execution and chastisement of those that shall disobey; because that my will is, that the cognizance and determination of all that is contained in the said provision, and in this my Cedula of amplification, specially shall and do concern you, proceeding fully against those that shall be guilty, executing upon them the punishments you shall find by justice due to them, without that any of the tribunals, courts or chancery, or any other Judges or Justices of my Kingdoms and Dominions of Castile, of whatsoever quality they may be, may intermeddle or do intermeddle herein, neither in the use nor exercise of the special jurisdiction in the said first instance, which by this my Cedula I grant you, be it by way of excess, appeal, or any other recourse or manner, to whom, and to each of you, I inhibit, and hold for inhibited their cognizance, declaring you for judges incompetent thereof, as for the whole, and every thing, and part thereof, and I grant you the most full and complete power, and most ample commission, as by law is required and necessary, with their incidences, dependencies, annexities and connexities, and that after you, the said English nation of the said city of Sevilla, may have power to name in the said Commission, one of the judges of this Court, whom the said nation shall think fit, and I command those of my Privy Council, that presenting before them his name, the said Commission being vacant by promotion or otherwise, him who shall be named shall have his dispatches in due form, according as in this my Cedula is ordained, and that it may the better be accomplished all that is contained in the said Decree, and in this my Cedula, I grant you licence, power and authority, that you may substitute, and do substitute this Commission for matters and law suits that shall offer in the said cities of Cadiz, Malaga, and San Lucar, in the person that by the said nation shall be proposed to you, that he may conclude matters, you remitting to him the termination thereof, in the form you shall think fit, such as may be for the security of the said Decree, and that all may be observed in the form, which by it is ordained and commanded, any laws and pragmaticas of my said Kingdoms and Dominions, ordonnances, stile, use and custom, or any thing whatsoever, to the contrary notwithstanding: all which, and for as much as relates to these presents, I dispense with, abrogate

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and derogate, make void and annul, count for nothing, and of no value and Vol. I. Ch.11. force, and that these presents remain in full force and vigour for the future. Done in Zaragoza, the 26th of June, in the Year 1645.

I, THE KING.

By Command of our Lord The King,
ANTONIO CARNERO.

Don Philip, by the Grace of God, King of Castille, of Leon, of Arragon, of the Two Sicilies, of Jerusalem, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Sevilla, of Sardinia, of Corcega, of Murcia, of Jaen, of the Algarves, of Algecira, of Gibraltar, of the Islands of Canary, of the Indies East and West, Islands and Terra firma of the Ocean Sea, Archduke of Austria, Duke of Borgona, of Brabant, and Millan, Count of Apsburg, of Flanders, of Tirol, of Barcelona, Lord of Biscay, and Molina, &c. Forasmuch as by my Letter and Decree of the 19th of March, of this present year, I did grant to you, the subjects of the King of Great Britain, who reside in Andaluzia, a Confirmation and approbation of the privileges, Cedulas, and franchises which were granted you by the Crowns of Castille and Portugal, and commanded that they should be kept, and observed to you the said Articles of peace, made between my Crowns and that of England, and that by my other Cedula of the 26th of June of the same year, you may name a Judge Conservator, that shall take cognizance of all your Causes, civil and criminal, as well in those in which you shall be plaintiffs, as in those in which you shall be defendants, with other conditions, amplifications, and pre-eminences, in the said Decree and Cedula contained, referring myself to the tenor thereof.

And now on your part, relation having been made to me, that having presented the last Cedula in the assembly of the Court of Degrees of the city of Sevilla, a copy thereof was ordered to be given to Don Juan de Villalva, my fiscal of the said court, who kept it in his possession from the fifteenth of July, without having answered it till now, which hath hindered and deprived you of the benefit and performance of the said Decree and Cedula, to your great prejudice and detriment, although by what is ordained thereby, the Judge Conservator ought to take cognizance of all Causes, civil and criminal, as well being plaintiffs as defendants, with any person whatsoever you shall trade with, your intent being only to enjoy the said privileges and Judge Conservator, when there should be any law-suits between those of your nation, whether you be plaintiffs or defendants, and whether the Causes be civil or whether they be criminal, and when the suits shall be with Spaniards, or with other persons of different nations, the Conservator is to take cognizance so far only of the Causes in which you shall be civilly or criminally prosecuted as defendants, and not in which you shall be plaintiffs, humbly intreating me, that whereas in this particular you have waved and desisted from the said privilege before Alonso de Alarcon, that I would be pleased to declare it, with the conditions, amplifications, and pre-eminences, as may be most convenient for you, and shall be most necessary for the greater force of what is insisted, of what my pleasure shall be; and because that for the service of the wars, you have offered to assist me with 1500 ducats in silver, payable at certain prefixed days, I have thought fit, and by these presents I Will and Declare, that when the Suits shall be between those of your nation, whether you be plaintiffs or defendants, or the Causes shall be civil or criminal, you shall enjoy the said privilege and its conditions: and when the said Suits shall be with Spaniards, or with other persons of divers nations, that the Judge Conservator shall take cognizance, and do take cognizance only of the Causes in which you shall be civilly or criminally defendants, and not when you shall be plaintiffs.

Vol. I. Ch. II.
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And because that the duties of excise of millones which are imposed on bacallao dry and fresh, pilchards, herrings, and salmon, and other kinds of fish, fresh and salted, it was ordered that it should be recovered of those which consume it; and by reason the farmers of these duties, and judges which take cognizance of these Causes, do occasion you great grievances, and oblige you to pay two hundred maravedis for each quintal of bacallao, and accordingly on other sorts, as are permitted, and upon the arrival of the ships at the ports of Malaga, Cadiz, and San Lucar, they oblige you to declare the quantity of fish you bring, charging you by the great for the whole, obliging you to the payment thereof, as money due to me, and oblige you to the payment thereof in four months of what it amounts to, which is unjust, because that those who buy these kinds are clergymen, friars, monks, and other persons which have privileges and habits, mayors, aldermen, and commoncouncilmen, for which cause the farmers of these duties will not recover them of such, but recover them of you for the whole, without considering the quantity they steal from you, that which is rotten, and what you spend in your own families; and if you insist on the recovery thereof of such persons, they treat you ill and do not pay you; therefore, I Will and Command, that this duty be recovered of the buyers and consumers, and that the farmers put a person for their account, that may recover the same, as is done in the revenues of Alcavala and Almoxarifazgo, with this condition, that you be obliged, as I oblige you, that you shall register all the said kinds of fish aforesaid, as you are obliged to do, according to the general dispatches, without that this may be in any manner avoided.

And because from the visits which the farmers of duties make you, there results a great deal of trouble, I Will and Command, that in the cities of Malaga, San Lucar and Cadiz, be observed to you, and kept the privilege, that they may not examine the merchandizes which are in your houses, according to what is ordered and commanded by the said Decree, of the 19th of March of this present year, being the same which is granted to those who reside in the city of Sevilla: and likewise I command that the said search may not be made by any farmer, if in the custom house you have paid all the duties, and that this be observed to you, and accomplished inviolably.

And because that all ships that come to these my said Kingdoms, from those of England, Ireland, and Scotland, the minister of the contrabands, and of the Almoxarifazgo upon searching them, as they enter the ports, cause great vexations and trouble to the masters of them, and shut up the holes and hatches of the said ships, deferring the visiting them eight or fifteen days, putting waiters aboard at the cost of the masters, who they will have to maintain them, and make them presents, I command the said ministers, as well of the contraband, as those of Almoxarifazgo, and every of them, that within three days they shall and do make the said visit, without putting waiters aboard them, or taking any duties by reason thereof, and if they shall put them, it shall be at the cost of the Chief Almoxarifazgo and the admiralty, since you owe nothing: and when there shall come into the said ports of Malaga, Cadiz, and San Lucar, any ship with provisions, or merchandizes, neither at the time of the visit, and of the unloading, nor at any other, as aforesaid, I order that the judges and officers of the contraband, nor admiralty, nor any others, may not put or do put in them waiters at the cost of the masters or owners, nor do give you any trouble, either the one or the other upon that account, according to what is ordered in the fourth Article of the institution of the said admiralty, by which it is expressed, relating thereunto, for the satisfaction of the waiters and other officers, in the eighth Article of the peace, in which it is ordered, that the vassals of the one King in the territory of the other, shall be treated as the natives themselves, in whose ships never are put waiters at the cost of the masters or owners thereof.