rious juftice, or in any other matter or form; which judge confervator is now Doctor Den Francifco de Vergara, judge of my court de les Grados, of the city of Sivil, the time that he fhall affift therein, and in his abfence, the licentiate Don Francifco de Modrano, judge of the fame court, who for the fuits which fhall be commenced, in the faid cities of Cadiz, Malaga, and St. Lucar, is to fubdelegate his confervatorfhip, in the perfon which by the faid nation fhall be propounded or named, that he may effect the fame to the conclufion, and they shall be referred unto him to be determined: and of that which he fhall determine, the appeal is to be made to my conncil, and not to any other court.

And forafmuch as my will is, that every one in his time shall have primitive commiffion, 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 fame unto you, I have found good to charge, as by these prefents 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 caufe all the fame to be kept, accomplished, and executed, in fuch form and manner, and according as therein is contained and declared, without confenting or giving way, that in all or in part there be made unto you any doubt or difficulty: and before the faid Don Francifco de Vergara, or in his abfence, before the faid Francis de Medrano (and not before any other judge) privately in the firft inftance, are to pafs, and be followed all the caufes and fuits which, concerning the premises, or any thing or part thereof, fhall be moved and caufed, and the execution and punishment of those which fhall 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 those which fhall be culpable, and executing for the fame the penalties which are mentioned by law, referving as I do referve, the appellations which shall

be

put in upon their acts and fentences, to my council, and not any other court, without that any of my other councils, tribunals, courts, chanceries, or any other judges or juftices of my realms or dominions, of whatfoever quality they be, may meddle, or fhall meddle therewith, or in the use or exercise of the jurifdiction privative in the faid 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 fufficient power, and most ample commiffion, which according to law is required and neceffary, with the incidencies and dependencies, annexities; and after them the faid Englifh nation of the faid city of Sivil, may name in the faid commiffion one of the judges of the said audience, which the faid nation fhall chufe: and I do command the prefident, and thofe of my council of the chamber, that presenting before them their nomination (the cafe happening) to make void the faid commiffion, by promotion or vacation of the faid Don Francifco 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 fubdelegate, and they fhall fubdelegate this commiffion, for the bufinefs and fuits which fhall be offered in the faid cities of Cadiz, Malaga, and St. Lucar de Barameda, in the perfon which by you fhall be propounded unto them, that they may fubftantiate them for a conclufion, and remit the fuits and caufes unto them to be determined, in fuch manner as they fhall find good and convenient,

convenient, for the fecurity of that which is contained in this my patent. And I do charge the most excellent prince Don Balthazar Charles, my moft dear and most beloved fon, and do command the infants, prelates, dukes, marquiffes, 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 houfe, court, and chanceries, and all the corrigidors, affiftants, governors, alcaldes, mayors, and ordinaries, and whatsoever judges and juftices of thefe my realms and dominions, to obferve 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 pass, now, nor at any time, in any manner, perpetually for evermore. Nor to confent or give way to be limited or fufpended unto you, all or part thereof, notwithstanding whatsoever laws or statutes of these my realms and dominions, ordinances, ftyle, ufe, or custom of the faid 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, forfomuch as concerneth this matter, holding the fame here for inferted and incorporated, as it were word for word written, I do difpenfe, 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 accompts in my chief office of accompts, and my fecretary of the mediaenate, fhall take a copy, at whofe charge is the accompt and reafon of this right. And I do declare, that for this favour you have paid the duty of the mediaenate, which amounteth to thirty and five thousand one hundred fifty-and-five maravediz in filver: which fum you are to pay from fifteen to fifteen years perpetually, and in cafe they do accomplish or end, you may not make ufe of this favour, until fuch time as it fhall first appear that you have fatisfied this VOL. II.

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duty. And you are alfo to pay the judge confervator, which fhall be named, his falary, or to help to bear his charges, which he fhall enjoy for his labour or pains in the faid bufinefs, before you fhall enjoy thereof, which is to appear by certificate of the office of this duty. Given in Saragofa, 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 Canencia; Don John Chumazero y Carillo, Doctor. Don Anthony de Campo Redondo y Rio, Licentiate.

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 Sivil, who took it away again with him the 11th of April, anno 1645.

Jofeph de Pineda, Notary Public of the city of Sivil, for the King.

[The following is printed from the Treaty which was published by authority, in 1686.]

A Treaty for the compofing of Differences, restraining of Depredations, and establishing of Peace in America, between the Crowns of Great Britain and Spain, concluded at Madrid, the Day of July, in the Year of our Lord 1670.

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WHEREAS, for many years paft, the good understanding and correfpondence between the English and Spanish nations having been disturbed in America, it pleased the most Serene and Powerful Prince Charles,

King of Great Britain, &c. in order to the reftoring and regulating the fame for the future, to fend into Spain his envoy extraordinary Sir William Godolphin, Knight, with full authority and power to make any treaty convenient and proper for that end: and likewife the most Serene and Powerful Charles, King of Spain, &c. and the Queen Regent Maria-Anna, &c. for the carrying on a work of fo much piety and public good, deputed on their part the Earl of Penaranda, Counfellor of State, and Prefident of the Indies, to confer, treat, and conclude thereupon with the faid Sir William Godolphin: at length they mutually refolved and agreed upon the articles of the following treaty, in virtue of their feveral commiffions.

I. First, it is agreed between the above-mentioned plenipotentiaries, Sir William Godolphin and the Earl of Penaranda, in the names of the moft Serene Kings refpectively, their mafters, that the articles of peace and alliance made between the crowns of Great Britain and Spain, in Madrid, on the of May 1667, or any clause thereof, fhall in no manner be deemed or understood to be taken away or abrogated by this prefent treaty; but that the fame fhall remain perpetually in their ancient force, stability, and vigour, fo far forth as they are not contrary or repugnant to this prefent convention and articles, or to any thing therein contained.

II. That there be an univerfal peace, true and fincere amity, in America, as in the other parts of the world, between the most Serene Kings of Great Britain and Spain, their heirs and fucceffors, and between the kingdoms, ftates, plantations, colonies, forts, cities, iflands, and dominions, without any diftinction of place belonging unto either of them, and between the people and inhabitants under their respective obedience, which fhall endure from this day for ever, and be obferved inviolably, as well by land as by fea and fresh-waters, fo as to promote each the welfare and advantage of

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the