The Anglo-Portuguese Alliance: The Judge Conservator of the British Subjects

Abstract

In order to have a better understanding of the rich legal history of the Anglo-Portuguese alliance, the oldest diplomatic alliance still in force, a comprehensive assessment of the jurisdictional privilege of a privative judge granted to English/British subjects is necessary. This paper will examine this privilege of the forum from the fourteenth to the nineteenth century by: (i) identifying which Anglo-Portuguese agreements and laws are relevant for the study of the British Conservatorial Courts; (ii) clarifying the context that led to the success or failure of different expectations for this special jurisdiction; (iii) reviewing the main developments of the British Conservatories over the centuries; (iv) exploring the Anglo-Portuguese alliance as a source of legal interchanges not only between both parties but also between other European nations.

Keywords: Anglo-Portuguese alliance, foreigner, privilege of the forum, conflicts of jurisdictions, legal interchange