ROYAL AND GRACIOUS PRIVILEGES, GRANTED By the High and Mighty Philip the Fourth King of Spain, etc. March 19 1645. Unto the English Merchants Trading within His Dominions. Translated out of Spanish, and Published for the Benefit of such, who desire Commerce in those parts. LONDON, Printed for Humphrey Moseley, at the Prince's Arms in Paul's Churchyard, 1645. To the Reader. WHosoever is versed in the knowledge of Merchandizing, specially in the mystery of Foreign Trade, must confess what extraordinary advantages accrue to this Kingdom by Commerce with Spain, and the Dominions annexed to that Crown, as well for the Exportation of our own Manufactures and Commodities, as for the importation of theirs, especially that of Treasure, else how could our Mint find matter enough to work upon? Nor is ours alone, but most of the Mints of Europe beholden to the Mines of Mexico and Peru; Nor Christian Mints only, but the Turk makes his aspers, the Ruff makes his Rubbles of Spanish Rials, Insomuch that one may say, the Coin of Spain is more Catholic than her King. And as our trade and amity with Spain is gainful, so is it very ancient; For the Spaniards to this day respect the English, as much as any other foreign Nation, and there are many inducements thereunto. The Chronicle tell us how our Black Prince restored one of their Kings to his Crown; the Alliance 'twixt the Duke of Lancaster and Portugal, is yet fresh amongst them; Some of our Kings sent them Auxiliaries against the Moors, besides divers other Alliances; And the story tells us what excellent Queens the Infanta's of Spain have proved with us. Add hereunto our ancient and famous League with the House of Burgundy, whereof this King is the chiefest branch; All these are obligations for Spain to esteem us, and us them interchangeably, which we did, till the difference of Religion happened, and our assisting the Hollanders, with the Invasion intended in the year 1588. And though we have been at distance with the Spaniard ever since, yet he seems to retain still the Nationall esteem he had always of us; It being one of his main maxims of policy; Con todo el mundo guerra, y paz con Ingalatierra; War with all the world, and peace with England. The English Merchants have obtained from time to time divers privileges in the King of Spain's Dominions which have been but loosely observed; This following Declaration or Royal grant, is not only a confirmation, but an enlargement of those Privileges, for hereby they are exempted from all oaths and questions touching their Religion, which before they were subject unto in some cases. Their Corn is not to be anticipated or taken away from them by any Officer for supply of the King's Armies or Magazines, till they have made their market; They shall not be molested, much less imprisoned for any putrified or ill conditioned fish, but it must be only thrown oreboard. Their books of Accounts are not to be seized upon, or meddled with by any Officer; There shall be no rate as heretofore imposed upon their fish, or any preemption forced upon them, but they shall be left free to set their own prices. And lastly, they are permitted to choose and nominate a judge to be their Conservator, who shall have power to determine all suits and differences 'twixt them and any other, so that they shall not need hereafter to be tossed from one Court to another, but make their address only to their own judge, whom they may change when they please, and there's no appeal from him to any other Court, unless it be to the High Counsel of State. Besides, they have privilege now to search for any old Record that may concern their immunities, which before they could not. And if our Merchants trading into Spain, and there resident, were so careful as they ought to be, they would make better use of that King's indulgence towards them; for those of Seville, had of late a Royal grant to purchase and enclose a piece of ground, for a Cymitrey or burial place, but they slighting this favour of grace, immodestly expose their dead bodies unto the scorn and outrage of the rude multitude, but I hope, and hearty wish, That the propensity of that King to do our Nation good, may encourage those whom it may concern to be as provident to obtain some immunities for the good of their souls and bodies, as for their estates. These Compliances of the Spaniard with the English Nation, I thought expedient to publish unto the world, that we by way of civil correspondence should respect the Merchants and Subjects of that Crown accordingly. Your loving Friend, I. B. The Copy of a Patent, containing several gracious Privileges lately granted by the High and Mighty Philip the Fourth, King of Spain, etc. Done Philip by the grace of God, King of Castille, Leon, Arragon, the two Sicily's, jerusalem, Portugal, Navarre, Granado, Toledo, Valencia, Galicia, Maliorca, Seville, Sardenia, Cordova, Corsega, Murica, jaen, the Algarues, Algesira Gibraltar, the Islands of the Canaries, the East and West Indies, Islands and firm Land of the Ocean Sea, Archduke of Austria, Duke of Burgundy, Brabant and Milan, Earl of Haspurg, Handers, Tiroll and Barselona, Lord of Biscay and Molina, &c, Whereas on the behalf of you Richard Anthony, Consul of the English Nation, for yourself, and in the name of the Subjects of the King of Great Britain, it hath been showed unto me, that by virtue of the peace, which is concluded in this and that Realm, you do reside and trade in Andalusia, and specially in the Cities of Seville, St. Lucar. Cadiz, and Malaga, Desiring me to be pleased to confirm unto you the Privileges, 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 Crowns of my Realms of Castille 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 premises into consideration, and because for the occisions which I have for my wars, you have offered to serve me, with two thousand and five hundred Ducats of silver, to be paid one thousand ready money, and the remaining one thousand and five hundred in the month of April, of this year (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 Council and Chamber, and of the Treasury, in your name, and by virtue of your power did acknowledge a writing of obligation in form before john Cortes de la Cruz, my Notary) I do hold it for good; And by these presents of my own motion and certain knowledge, and Royal and absolute power, which I in this behalf will make use of, and do use as an absolute King and Lord, not acknowledging any superior in matters Temporal, do confirm and approve the Privileges, 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 been given, by my Crowns of Castille and Portugal unto the said Subjects, in and for all things, as therein, and every thing and part thereof is specified, contained and declared, to the end they may be firm, 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 public charge, nor Counsel, Tutorship, Curatorship, Receivers, or Treasurers, although they be of Customs and Millions, or other Services which concern my Royal Treasury; And much less they may demand of you any Loans or Donations, or take from you any rights, or your rents, horses, or slaves. And to do 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 Fruits, and buy those of my Realms, and carry them forth, observing that which is ordained and commanded by the Laws & Statutes, which make mention thereof; and paying to my Royal Treasury the Duties or Customs which ought to be paid; Prohibiting, as I do 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 Galleons, nor for purveyors or Stewards, and the privileges are to be concerning the Wheat and Barley, 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, until they shall have paid for them, unless for the same there be leave given, that they do not molest or trouble you. And forasmuch as many of you do treat to bring into the Ports of Andalusia, the City of Seville, 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 do will and command, to be kept, the Ordinance of the City of Seville, whereby it is ordained, that those which come in with dry or salted Fish, there shall not be any price or rate set upon them, but they shall be permitted to sell at such a price as they shall think good, and it shall not be necessary to manifest them any more, then unto my Officers which receive my Royal rents, and if the ships wherein the said Fish is brought be great ships, that they cannot go up the River, and that the same be put into Barks or Lighters, the Iudge of the Admiralty, nor any other person, may not put any Weighters or keepers into the Barks or Lighters, at the charge of the owners of them. And I do also command, that if the said Fish shall appear 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 Customs 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 showeth himself to be party, whereby happeneth to the men of Trade, great discredit, charges, and vexations. My will is, and I do command, 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 do 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 suits, they should declare whether they be Roman Catholics or not, excusing themselves to give faith to the oaths which they take, as parties or as witnesses. I do 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 Realm, but only, that the said Condition be kept, and accomplished, and that no such questions be put unto them, giving, unto the Oaths which they shall take in judgement 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 judges and justices do pretend, that the Merchants of the said Nation, should exhibit the Books of their Contractations or deal, and are for this matter troubled and molested, I do will and Command, that the Books of the Merchants of the said Nation, shall not be taken out of their hands for any cause whatsoever, but they shall keep and show them in their houses, to take out the parcel which shall be appointed, and others shall not be demanded of them, nor there shall not be any other papers taken from them, upon penalty, that he which shall do here-against, shall be punished according to law. And forasmuch as the Merchants do dispatch the Merchandise from the Customhouse of the said City of Seville 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 Customhouse, for that by virtue thereof, the Merchandises are permitted to go forth, which are in fardels, packs, Trunks, and Cases, and afterwards when they have taken them forth, and put them into their Houses, and Warehouses, the chief keeper of the Customhouse, and the Officers of the half per cent, do visit the houses and the goods, troubling and molesting them, demanding of them the dispatches, it seeming unto them, that they may detain them, because they left the dispatches in the hands of the said Alcayde of the Customhouse, 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 said 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, aswell by the Articles of the peace, as in any other manner, And for execution and accomplishment of all the Premises, I do command those of my Counsel, and those of my Counsels, Assemblies, and Tribunals of my Court, and the Precedents and judges of my Audiences, Alcaldes, and Officers of my House, and Court, and Chanceries, and the Regent and judge of the Court of Degrees of the City of Seville, and chief Alcaldes of the Precincts thereof, and all the Corrigedors', Assistants, and Governors, chief justices, and Ordinaries, aswell 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 or condition soever they may be, whom principally or incedentally may concern in any manner the accomplishment or performance of that which is contained in this Patent, that presently 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 faith 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, or in part, put upon you any impediments, nor any other difficulties or doubt, 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 Sedulas 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 those which shall be necessary; And for more firmness or validity of the favour or grace, which by this my Patent I do grant you, and that at all times this favour may be certain and sure unto you, you are to keep or have a judge Conservator in Andalusia, especially in the said Cities of Seville, Malaga, Cadiz, and St. Lucar de Barameda, unto whom I am to give sufficient Commission, for the keeping and accomplishing of the said Privileges, Liberties, and exemptions, who shall constrain and compel all & whatsoever, persons, of what sort or quality they may be, that shall concern the said Nation, aswel 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, aswell 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 Causes, and not any other judge or tribunal, although it be by way of Excess, or notorious justice, or in any other manner or form. Which judge Conservator is now Doctor Don Francisco de Vergara, judge of my Court de los Grados of the City of Seville, the time that he shall assist therein, and in his absence the Licenciate Don Francisco de Medrano, 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 Subdelegate his Conservatorship, in the person which by the said Nation shall be 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 appeal is to be made to my Council, and not to any other Court. And forasmuch as my will is, that every one in his time, shall have primative Commission and jurisdiction, to protect and defend you, concerning all the contents of this my Patent, that all the same 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 see or peruse this my Patent, and the qualities, conditions, preeminences, 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 Don 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 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 privately to concern, and shall concern 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 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 Counsels, 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, & part thereof, I do give them the most sufficient power, and most ample Commission, which according to Law is required & necessary, with the incidences & dependencies annexities, and after them the said English nation of the said city of Seville, may name in the said Commission, one of the judges of the said Audience, which the said Nation shall choose; And I do command the Precedent and those of my Counsel 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 dâ—Źspatch 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 subdeligate, and they shall subdeligate 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, 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 Infants, Prelates, Dukes, Marquesses, Earls, Rich-men, Commanders, and under-Commanders, Governors of Castles, strong Houses, and Plains, and those of my Counsel, Precedents and judges of my Courts, Alcaydes, and Officers of my House, Court and Chanceries, and all the Corregidors, 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 favour or grace which thereby I do grant you, and against the tenor and form thereof, not to do 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 Laws or Statutes of these my Realms and Dominions, Ordinances, Style, Use or Custom of the said Cities of Seville, 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 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 full force and effect, for all other things henceforward. And for this my Patent, jeronimo de Canencia, Auditor of Accounts, in my chief Office of Accounts, and my Secretary of the Media enate shall take a Copy, at whose charge is the account and reason of this right. And I do 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 fifteen to fifteen years perpetually, and in case they do accomplish or end, you may not make use of this favour until such time as it shall first appear, that you have satisfied this duty, and you are also to pay the judge Conservator, which shall be named his salary, or to help to bear his charges, which he shall enjoy for his labour or pains in the said business, before you shall enjoy thereof, which is to appear 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 Commandment Registered. Michael de Lariaga, Lieutenant of the Lord High Chancellor, Michael de Lariaga; The Copy was taken jeronimo de Caneneia, Don john Chumazero y Carillo; The Doctor Don Anthony de Campo Redondo y Rio, the Licenciate. FINIS. joseph Gonsales. THis Copy doth agree with that out of which it was taken, which for this effect was exhibited unto me by William Bland, dwelling in the City of Seville, who took it away again with him the 11 of April, Anno 1645. joseph de Pineda, Notary Public of the City of Sivil, for the King.