DOn Philip by the grace of God, King of Castile, Leon, Aragon, the two Sicilies, Ierusalem, Portugal, Navarre, Granado, Toledo, Va­lencia, Galisia, Maliorca, Sivill, Sardenia, Cordova, Corsega, Murica, Iaen, the Algarues, Algesira Gibraltar, the Islands of the Canaries, the East and West Indies, Islands and firme Land of the Ocean Sea, Arch-Duke of Austria, Duke of Burgundy, Brabant and Milan, Earle of Haspurg, Handers, Tiroll and Barselona, Lord of Biscay and Molina, &c,

Whereas on the behalfe of you Richard An­thony, Consul of the English Nation, for your selfe, and in the name of the Subjects of the [Page 2]King of Great Britain, it hath been shewed unto me, that by vertue of the peace, which is concluded in this and that Realme, you doe reside and trade in Andalusia, and specially in the Cities of Sivill, St. Lucar. Cadiz, and Malaga, Desiring me to be pleased to confirme unto you the Priviledges, exemptions and faculties, which do belong unto you, as well by the Ar­ticles of the said Peace, as by the confirmati­ons thereof, and other favours and graces, which my Lord and Father of Glorious me­mory, did grant unto you, and all such others, which have been given you by the Crownes of my Realmes of Castile and Portugal, and to command, that they may be in, and for all things observed and accomplished unto you, without any limitation; And for fuller assu­rance to grant them anew unto you, with the qualities, amplitudes, conditions, and decla­rations, which shall be most convenient for you, and to set penalties upon such as shall contradict, and not observe them unto you. And to the end it may be known, what they are, to grant them Copies thereof, or of that which my favour shall be; And I taking the [Page 3]premises into consideration, and because for the occisions which I have for my warres, you have offered to serve me, with two thousand and five hundred Duccats of silver, to be paid one thousand ready money, and the remaining one thousand and five hundred in the month of April, of this yeare (whereof the Licenciate Francis Moreno, with in reversion of Don An­thony de Campo Redondo y Rio, Knight of the order of Santiago, one of my Councell and Chamber, and of the Treasury, in your name, and by vertue of your power did acknowledge a writing of obligation in forme before Iohn Cortez de la Cruz, my Notary) I do hold it for good; And by these presents of my own mo­tion and certain knowledge, and Royall and absolute power, which I in this behalfe will make use of, and do use as an absolute King and Lord, not acknowledging any superiour in matters Temporall, doe confirme and ap­prove the Priviledges, exemptions and facul­ties, which do belong unto you, as well by the Articles of the said peace, as by the confirma­tion thereof, and also the other favours and graces, which my Lord and Father did grant unto you, and others whatsoever which have [Page 4]been given, by my Crowns of Castile and Por­tugall unto the said Subjects, in and for all things, as therein, and every thing and part therof is specified, contained and declared, to the end they may be firme, stable, and of va­lue, and be observed, kept, and accomplished unto you: For my deliberate intent and will is, that all those of the said Nation, shall enjoy thereof, without any limitation, in such man­ner, that, during the time the said Englishmen shall reside in Andalusia, neither you, nor they, may be charged with any Office nor publique charge, nor Counsell, Tutorship, Curatorship, Receivers, or Treasurers, although they be of Customes and Millions, or other Services which concerne my Royall Treasury; And much lesse they may demand of you any Loans or Donations, or take from you any rights, or your rents, horses, or slaves. And to doe you the more favour or grace, according to that which is agreed by the said Peace, I do will and promise, that you shall and may deal and trade freely, and sell your Merchandizes and Fruites, and buy those of my Realms, and carry them forth, observing that which is ordained and commanded by the Lawes & Statutes, which [Page 5]make mention thereof; and paying to my Roy­all Treasurie the Duties or Customes which ought to be paid; Prohibiting, as I doe prohi­bit and command, not to take from you by force, any Merchandises, Wheat nor Barley, al­though it be for the making ready, or furnish­ing of my Armies, Fleets, or Gallions, nor for purveyors or Stewards, and the priviledges are to be concerning the Wheat and Barly, accord­ing to the Tax, and concerning the other things and Merchandises, as you shall conclude and agree, but they may not take them out of your possession, untill they shall have paid for them, unlesse for the same there be leave given, that they doe not molest or trouble you. And for­asmuch as many of you doe treat to bring into the Ports of Andalusia, the City of Sivill, and other places, great quantity of Newfoundland fish, and other sorts of dry and salted fish, be­cause they are victuals which are very necessa­ry, and that you have been, and are put to great charges, and are much troubled; I doe will and command, to be kept, the Ordinance of the City of Sivill, whereby it is ordained, that those which come in with dry or salted Fish, there shall not be any price or rate set [Page 6]upon them, but they shall be permitted to sell at such a price as they shall thinke good, and it shall not be necessary to manifest them any more, then unto my Officers which receive my Royall rents, and if the ships wherein the said Fish is brought be great ships, that they cannot goe up the River, and that the same be put into Barks or Lighters, the ludge of the Admiralty, nor any other person, may not put any Weighters or keepers into the Barkes or Lighters, at the charge of the owners of them.

And I doe also command, that if the said Fish shall appeare to be rotten, and that it can­not be spent, that it be burnt, or thrown into the Sea, and that for this cause, there shall not be any cause or action commenced against the owners thereof, or persons which shall sell it, nor they shall not be imprisoned nor informed against. And forasmuch as the Administrator of the Customes and others, of divers duties which are received for the Fruits and Mer­chandises, do use when any body doth inform, to have the person imprisoned, which shew­eth himself to be party, whereby happen­eth to the men of Trade, great discredit, char­ges, and vexations. My will is, and I doe com­mand, [Page 7]that in the said Informations there shall be only proceeded against the Merchandises, and not against the persons, but they shall be permitted (as I doe permit them) to make, and they shall make their defences in the said vexa­tions. And forasmuch also as according to an Article of the said Peace, which maketh men­tion of matter in Religion, notwithstanding that in some suites, they should declare whe­ther they be Roman Catholiques or not, excu­sing themselves to give faith to the oathes which they take, as parties or as witnesses.

I doe also command, that concerning this matter, there be not done, nor there shall not be done any thing with those which are borne in the said Realme, but only, that the said Con­dition be kept, and accomplished, and that no such questions be put unto them, giving, unto the Oathes which they shal take in Iudgement Court, and without, the same faith and credit, which should be given in case they were Spa­niards, and herein you shall not receive any trouble or molestation, nor there shall not be any grievance done unto you; And whereas for the lustification of some Causes, the Iudges and Iustices doe pretend, that the Merchants of [Page 8]the said Nation, should exhibit the Bookes of their Contractations or dealings, and are for this matter troubled and molested, I doe will and Command, that the Bookes of the Mer­chants of the said Nation, shall not be taken out of their hands for any cause whatsoever, but they shall keep and shew them in their houses, to take out the parcell which shall bee appointed, and others shall not be demanded of them, nor there shall not be any other pa­pers taken from them, upon penalty, that hee which shall doe here-against, shall be punish­ed according to law.

And forasmuch as the Merchants do dispatch the Merchandise from the Custome-house of the said City of Sivill of all duties; and because they are many, do make up a sheet, which is subscribed and signed by all the officers, and remaineth in the hand of the Alcayde of the Custome-house, for that by vertue thereof, the Merchandises are permitted to go forth, which are in Fardells, packs, Trunks, and Cases, and afterwards when they have taken them forth, and put them into their Houses, and Ware­houses, the chiefe keeper of the Customhouse, and the Officers of the halfe per cent, doe visit [Page 9]the houses and the goods, troubling and mole­sting them, demanding of them the dispatches, it seeming unto them, that they may detaine them, because they left the dispatches in the hands of the said Alcayde of the Custome­house, I doe 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 said English Nation, there is to be delivered unto you Copies of the said Priviledges and exemptions, which doe concerne you, and which were granted unto you, aswell by the Articles of the peace, as in any other manner, And for execution and accomplishment of all the Premises, I doe command those of my Counsell, and those of my Councells, Assem­blies, and Tribunalls of my Court, and the Pre­sidents and Iudges of my Audiences, Alcaldes, and Officers of my House, and Court, and Chanceries, and the Regent and Iudge of the Court of Degrees of the City of Sivill, and [Page 10]chiefe Alcaldes of the Precincts thereof, and all the Corrigedors, Assistants, and Governours, chiefe Iustices, and Ordinaries, aswell in the said Cities of Sivil, Cadiz, Malaga, and St. Lucar de Barameda, as of all other Cities, Townes, and places of these my Realmes and Dominions, and all other Iudges and Iustices whatsoever, of what quality or condition soever they may be, whom principally or incedentally may con­cerne in any manner the accomplishment or performance of that which is contained in this Patent, that presently so soone as they shall be, by vertue thereof, required, or the Copie there­of signed by a Notary publique, that there be thereunto given, as much faith as unto the ori­ginall, and that every one in the place, where it shall concerne him, doe 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, or in part, put upon you any impediments, nor any other difficulties or doubt, nor doe a­ny thing against the tenor and forme 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 Sedulas pro­visions [Page 11]or other dispatches, but for observati­on thereof, in the place which shall concerne every one, they shall give order and ordaine, to deliver unto you those which shall be ne­cessary; And for more firmnesse or validity of the favour or grace, which by this my Patent I doe grant you, and that at all times this fa­vour may be certaine and sure unto you, you are to keep or have a Iudge Conservator in Anda­lusia, especially in the said Cities of Sivill, Mala­ga, Cadiz, and St. Lucar de Barameda, unto whom I am to give sufficient Commission, for the keep­ing and accomplishing of the said Priviledges, Liberties, and exemptions, who shall constrain and compel all & whatsoever, persons, of what sort or quality they may be, that shall concerne the said Nation, aswel those which shal be De­fendants, accused, as those which shal be Plain­tiffs, although the persons which shall accuse them, and which shall be accused by them, have private Iudges, aswell by consent as agreement, which they may have made by preheminence or priviledge, which they hold, to the end the said Iudge Conservator, may onely take knowledge privately of the said Causes, and not any other Iudge or tribunall, although it be [Page 12]by way of Excess, or notorious Iustice, or in a­ny other manner or forme. Which Iudge Con­servator is now Doctor Don Francisco de Ver­gara, Iudge of my Court de los Grados of the Ci­ty of Sivill, the time that he shall assist therein, and in his absence the Licenciate Don Francisco de Medrano, Iudge of the same Court, who for the suites which shall bee commenced in the said Cities of Cadiz, Malaga, and St. Lucar, is to Subdelegate his Conservatorship, in the person which by the said Nation shall bee propoun­ded or named, that he may affect the same, to the conclusion, and they shall be referred unto him, to be determined, and of that which he shall determine; the appeale is to be made to my Councell, and not to any other Court.

And forasmuch as my will is, that every one in his time, shall have primative Commission and Iurisdiction, to protect and defend you, concerning all the contents of this my Patent, that all the same may be kept and accomplish­ed in the forme which I doe offer the same un­to you, I have found good to charge, as by these presents I doe charge them, with the protecti­on, and defence hereof, and I doe command them, to see or peruse this my Patent, and the [Page 13]qualities, conditions, preheminences, and am­plifications therein contained, and to cause all the same to be kept, accomplished and execu­ted, in such forme 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 Don Fran­cis de Medrano (and not before any other Iudge) privatly in the First instance, are to passe, and be followed all the causes and suites, which con­cerning the Premises, or any thing or part thereof shall be moved and caused, and the execution and punishment of those 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 privatly to concerne, and shall concerne them; proceed­ing in all things against those which shall be culpable, and executing for the same, the penal­ties which are mentioned by Law, reserving as I doe reserve, the appellations which shall be put in upon their Acts and Sentences, to my Councell, and not any other Court, without that any of my other Counsells, Tribunalls, [Page 14]Courts, Chanceries, or any other Iudges or Iu­stices of my Realmes or Dominions, of what­soever quality they be, may meddle, or shall meddle therewith, or in the use or exercise of the Iurisdiction privative in the said first in­stance, which by this my Patent I doe grant unto them, by way of excesse 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 Iudges therof, for which and every thing, & part thereof, I do give them the most sufficient power, and most ample Cō ­mission, which according to Law is required & necessary, with the incidences & dependen­cies annexities, and after them the said English nation of the said city of Sivill, may name in the said Commission, one of the Iudges of the said Audience, which the said Nation shall chuse; And I doe command the President and those of my Counsell 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 Francis de Vergara, and Don Francis de Medrano, or to d [...]spatch it, in any other manner, by ordi­nary [Page 15]to him that shall be therein nominated, in the forme according, and as by this my Patent is declared; And that it may be the better ac­complished, I doe from this time give them power and authority, that they may subdeli­gate, and they shall subdeligate this Commis­sion for the businesse and suites, 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 Suites and Causes, unto them to be determined, in such manner, as they shall find good and convenient, for the security of that which is contained in this my Patent; And I doe charge the most Excellent Prince, Don Balthazar Charles, my most deare, and most beloved Sonne, and doe command the Infants, Prelates, Dukes, Marquesses, Earles, Rich­men, Commanders, and under-Commanders, Governours of Castles, strong Houses, and Plaines, and those of my Counsell, Presidents and Iudges of my Courts, Alcaydes, and Offi­cers of my House, Court and Chanceries, and all the Corigidors, Assistants, Governours, Al­caldes, Mayors, and Ordinaries, and whatso­ever [Page 16]Iudges and Iustices of these my Realmes and Dominions, to observe and accomplish, and cause to be observed and accompished, this my Patent, and the favour or grace which thereby I doe grant you, and against the tenor and forme thereof, not to doe or posse, now, nor at any time, in any manner perpe­tually for ever more. Nor to consent or give way to be limited or suspended unto you, all, or part thereof, notwithstanding whatsoever Lawes or Statutes of these my Realmes and Dominions, Ordinances, Stile, Vse or Cu­stome of the said Cities of Sivill, Cadiz, Mala­ga, or St. Lucar, or any other thing, which is, or may be to the contrary, the which for this time (for so much as concerneth this matter, holding the same here for incerted and incor­porated, as it were word for word written) I doe dispence, abrogate, derogate, cancell, annihilate, and make void, and of none effect, remaining in full force and effect, for all other things hence-forward. And for this my Pa­tent, Ieronimo de Canencia, Auditor of Ac­compts, in my chiefe Office of Accompts, and my Secretary of the Media enate shall take a Copie, at whose charge is the accompt and [Page 17]reason of this right. And I doe declare, that for this favour you have paid the duty of the Media enata, which amounteth to thirty & five thou­sand one hundred fifty and five Maravediz in silver, which sum you are to pay, from fifteene to fifteen yeares perpetually, and in case they doe accomplish or end, you may not make use of this favour untill such time as it shall first ap­peare, that you have satisfied this duty, and you are also to pay the Iudge Conservator, which shall be named his salary, or to helpe to beare his charges, which he shall injoy for his labour or paines in the said businesse, before you shall injoy thereof, which is to appeare by Certificate of the office of this duty.

Given in Saragosa the Nineteenth day of March, An­no 1645.

I the King, I Anthony Carnero, Secretary of the King our Lord, did cause it to be written, by his Commandement Registred. Michael de La­riaga, Lievtenant of the Lord High Chancel­lor, Michael de Lariaga; The Copie was taken Ieronimo de Caneneia, Don Iohn Chumazero y Ca­rillo; The Doctor Don Anthony de Campo Redon­do y Rio, the Licenciate.