Jurisdiction and foreign privileges: judge conservators of nations in Portugal and Spain (fourteenth to nineteenth centuries)

This article compares the emergence, evolution and decline of the judge conservators of nations in Portugal and Spain. These magistrates were appointed to hear, as a first instance forum, disputes involving members of privileged foreign nations. Their authorisation was generally required for any restriction of liberty imposed by local authorities on such foreigners, and they also oversaw the administration of their property in cases of intestate succession. Their main purpose was to ensure the fair and swift handling of foreigners’ legal affairs. The article shows that, in both kingdoms, their jurisdiction and powers were not always clearly defined neither in privilege grants nor in treaties, and that the customary practices of officeholders often reinforced a degree of uncertainty. At the same time, a marked contrast emerges when comparing the circumstances and chronology of their creation and disappearance.