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Don Charles, by the grace of God king of the Romans and emperor ever august, Dona Joanna, his mother, and the said Don Charles, by the said grace, King and Queen of Castile, Leon, Aragon, the Two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valencia, Galicia, the Majorcas, Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, the Algarves, Algeciras, Gibraltar, the Canary Islands, the Indies, the islands and mainland of the ocean sea, count and countess of Barcelona, lord and lady of Biscay and Molina, duke and duchess of Athens and Neopatras, count and countess of Roussillon and Cerdagne, marquis and marchioness of Oristano and Gociano, archduke and archduchess of Austria, duke and duchess of Burgundy and Brabant, count and countess of Flanders and Tirol, etc.: We have seen an instrument of agreement and treaty made in our name by Mercurino de Gattinara, our grand chancellor, and Don Hernando de Vega, chief knight-commander of Castile, and Don Garcia de Padilla, chief knight-commander of Calatrava, and Doctor Lorenzo Galindez de Carvajal, all members of our council, and Pero Correa d'Atouguia, lord of the town of Bellas, and Doctor Joao de Faria, ambassadors and members of the council of the most serene and very excellent King of Portugal, our very dear and well-beloved nephew and cousin, and their representatives, the tenor of which is as follows:
In the name of God Almighty, Father, Son, and Holy Ghost. Be it manifest and known to all who shall see this public instrument, that in the city of Vitoria on the nineteenth day of the month of February, in the year of the nativity of our Saviour Jesus Christ, 1524, in the presence of me, Francisco de los Cobos, their majesties' secretary and notary public, and of the undersigned witnesses, there being present the lords Mercurino de Gattinara, grand chancellor of their Majesties, Don Hernando de Vega, chief knightcommander in Castile of the Order of Santiago, Don Garcia de Padilla, chief knight-commander of the Order of Calatrava, and Doctor Lorenzo Galindez de Carvajal, all members of the council of the very exalted and very powerful princes, Don Charles, by the divine clemency, emperor ever august king of the Romans, and Dona Joanna, his mother, and the said Don Charles her son, by the grace of God king and queen of Castile, Leon, Aragon, the Two Sicilies, Jerusalem, etc., their qualified representatives, on the one part, and the lords Pero Correa d'Atouguia, lord of the town of Bellas, and Doctor Joao de Faria, both members of the council of the very exalted and very excellent lord, Dom John, by the grace of God king of Portugal, of the Algarves on this side of and beyond the sea in Africa, lord of Guinea and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, India etc., their ambassadors and qualified representatives-as both the said parties proved by the letters, authorizations, and procurations, from the said lords, their constituents, the tenor of which, word for word, is as follows
[Here follow the full powers granted by the Emperor Charles V. and Queen Joanna of Castile to Mercurino de Gattinara, Fernando de Vega, Garcia de Padilla, and Dr. Lorenzo Galindez de Carvajal, on January 25, I5~4; and the full powers granted by John III. of Portugal to Pedro Correa and Dr. Joao de Faria on January I3, 1524.]
And thereupon the said representatives of the said King and Queen of Castile, Leon, Aragon, the Two Sicilies, Jerusalem, etc., and of the said lord King of Portugal, of the Algarves, etc., said: That whereas there is a difference of opinion between the said lords, their constituents, as to the possession and ownership of the Moluccas, each of them claiming that those islands fall within the limits of his demarcation, which must be determined in accordance with the treaty and agreement concluded between the Catholic sovereigns, Don Ferdinand and Queen Dona Isabella, king and queen of Castile, Leon, Aragon, etc., and the very exalted and excellent lord, the lord king Dom John, king of Portugal, of the Algarves, lord of Guinea, etc. (may they rest in glory)-therefore they, jointly and severally, in the said names, and by virtue of the said powers incorporated above, for the sake of peace and concord, and for the preservation of the relationship and affection which exists between the lords their constituents, authorized, cansented to, and agreed to the following:
I. First, there shall be appointed by each one of the parties to this treaty three astrologers and three pilots and sailors for the determination of the demarcation, which must be made according to the terms of the said treaty. These men must assemble, and they shall assemble, by the end of the month of March first following, or before that time if possible, at the boundary line of Castile and Portugal, between the cities of Badajoz and Elvas, in order that by the end of the month of May next following, of this present year, they may determine, in accordance with the terms of the said treaty, the said demarcation-taking a solemn oath as soon as they have assembled, and before attending to anything else, in the form prescribed by law and before two notaries (one for each side) with public declaration and testimony, swearing in the presence of God and the blessed Mary, and upon the words of the four Holy Gospels, upon which they shall place their hands, that, laying aside all love and fear, hate, passion, or any interest, and with regard only to securing justice, they will examine the rights of the two parties involved.
2. Likewise three lawyers shall be appointed by each side, who, within the same period and at the same place, and after having taken the said oath with all the solemn forms and in the manner abovesaid, shall inquire into the possession of Molucca, and receiving the proofs, documents, treaties, witnesses, and rights that shall have been presented before them, shall determine the possession, doing everything that seems necessary for making the said declaration, just as they would do in court. Of the three abovementioned lawyers, he who is named first in the commission shall take charge of assembling all the other deputies of his side, in order that greater care may be exercised in the negotiations.
3. Further, during the said period and up to the end of the said month of May, next following, neither of the parties to this treaty shall despatch expeditions to Molucca for purposes of trade or barter. But if before the end of the said period the question of possession or ownership shall be determined, then the side in whose favor the right of each of the said questions is declared may despatch expeditions and may barter. And in case the question of ownership and demarcation is determined, then that of possession shall be understood to be decided and absorbed. If only the question of possession is determined by the [two] said lawyers, without their being able to determine that of ownership, as aforesaid, then what still remains to be determined of the said ownership, and likewise of the possession of the said Molucca, shall, in accordance with the terms of the treaty, remain in the same condition as before this present compact. All of the above must and shall be investigated without any prejudice to the rights of ownership and possession of either side, in accordance with the said treaty.
4. But if before the conclusion of the said period it shall appear to the lawyers first named in the commissions, as aforesaid, that the settlement can, in all probability, be concluded and determined with some further continuation of the time set, as abovesaid, or if another good way or manner of procedure, by which this matter could be determined better under one head or another, to wit, that of possession or that of ownership, should offer itself to them, the two lawyers, as aforesaid, may in either of these cases prolong, for so long a time as seems convenient to them, the brief determination of the matter. During the period of the said continuation, these lawyers and all the other deputies, each one in his own capacity, may investigate and ascertain, and they shall investigate and ascertain, just as if this extension of time were within the principal period named in their commission. But the said time shall be understood to be continued under the same conditions and obligations as hereinbefore stated.
5. And all the actions taken in this case shall be signed by the two notaries appointed in his name by each of the parties to this treaty, as aforesaid. Each notary shall write the actions taken by his side; and the other, after having confirmed and collated them, shall sign them.
6. Item, each one of the sides must obtain the ratification and confirmation of these articles from their said constituents, within the twenty days first ensuing.
All the foregoing, and every part and parcel of it, the said Mercurino de Gattinara, grand chancellor of their Majesties, the said Don Hernando de Vega, chief knight-conmmander of Castile, Don Garcia de Padilla, chief knight-commander of Calatrava, and Doctor Lorenzo Galindez de Carvajal, all members of their council, and representatives of the said very exalted and very mighty Queen and King of Castile, Leon, Aragon, Granada, the Two Sicilies, Jerusalem, etc., and by virtue of their said powers, incorporated above, [and] the said Pedro Correa d'Atouguia and Doctor Joao de Faria, representatives and ambassadors of the said very exalted and very excellent prince, the lord King Dom John of Portugal and of the Algarves on this side of and beyond the sea in Africa, lord of Guinea, etc., by virtue of their said powers, incorporated above, promised and affirmed in the name of their said constituents. [They promised and affirmed] that they and their successors, and their kingdoms and lordships, forever and ever, shall keep, observe, fulfill, really and effectively, in good faith and without deception, renouncing all fraud, mental reservation, deception, fiction, and dissimulation whatsoever, all that is set forth above, and that is agreed to and concluded, and that which shall be decided and determined by the said representatives, and every part and parcel of it, entirely, according as it shall be enacted, ordained, adjudged, and determined by them, just as, and as completely as, if it had been enacted, determined, and concluded, by their said concurring constituents, and rendered as a judgment by competent judges. In order that the above shall be thus observed and fulfilled, by virtue of the said powers incorporated above, they pledged the said parties, their constituents, and their goods, movable and real, their patrimonies and royal crowns, and those of their successors, forever and ever, that neither they nor any of them, of themselves or through agents, directly or indirectly, shall violate it, or any part or parcel of it, at any time or in any manner, premeditated or unpremeditated, that may or can be, under the penalties set forth in the said agreement mentioned above, and that whether the penalty be paid or not paid or graciously remitted, this instrument and treaty and whatsoever shall be enacted and determined by virtue thereof, shall nevertheless be and remain firm, stable, and valid, forever and ever. They renounced all laws and rights of which the said parties or either of them may avail themselves to violate the foregoing, or any part or parcel thereof, and for the greater security and stability of the aforesaid they swore before God and Holy Mary, and upon the sign of the Cross, on which they placed their right hands, and upon the words of the four Holy Gospels, wheresoever they are most largely written, on the consciences of their said constituents, that they, jointly and severally, will keep, observe, and fulfill all the aforesaid, and each part and parcel of it, really and in fact, renouncing all deception, mental reservation, and subterfuge, and they will not gainsay it at any time or in any manner. Under the same oath, they swore not to seek absolution from our most Holy Father, or from any other legate or prelate, who can give it to them, and even though he shall, proprio motu, give it them, they will not make use of it. Likewise the said representatives, acting in the said names, bound themselves under the said penalty and oath, that within the twenty days first following, reckoned from the date of this agreement, the parties will mutually exchange the confirmation and ratification of this said agreement, written on parchment, signed with the names of the said lords, their constituents, and sealed with their hanging leaden seals. Of all the foregoing they authorized two copies of the same tenor, both alike, which they signed with their names and executed before me, the said secretary and notary public, whose name is written above, and before the undersigned witnesses-one copy for each party. And whichever copy is produced it shall be as valid as if both should be produced, which were made and executed in the said city of Vitoria, on the day, month, and year aforesaid. Witnesses who were present at the execution of this instrument, and saw all the said representatives sign it, and saw them swear corporally by the hands of me, the said secretary: Francisco de Valenzuela, knight of the Order of Santiago, Pedro de Salazar, captain of their Majesties, Pedro de Ysasaga, contino of their Majesties, G[regori]o Casgas, Alvaro Mejia, and Sebastian Fernandez, servants of the said ambassador Pedro Correa d'Atouguia. Mercurino, chancellor; Hernando de Vega, chief knight-commander; the chief knight-commander; Doctor Carvajal; Pedro Correa; Joao de Faria. As witness, Francisco de Valenzuela. As witness, G[regori]o Casgas. Witness, Sebastian Fernandez; witness, Alvaro Mejia; as witness, Pedro de Ysasaga; for the said Salazar, Juan de Samano. And I, the said Francisco de los Cobos, secretary of his Imperial Majesty and of their Catholic Majesties, and their scrivener and notary public in their court and in all their kingdoms and lordships of Castile, was present, together with the said witnesses, at the executing of this said instrument and agreement and the oath respecting it, and at the request and petition, and with the authorization, of the said representatives of both the said parties, who with the said witnesses signed their names in my register, I caused this said instrument to be written just as it was executed before me. It is written on three leaves of paper, with this on which is my [notarial] sign, and I gave a copy to each of the said persons. Therefore, in testimony of truth, I made this my sign here, which is thus.
Therefore, having seen and understood the said instrument and treaty, incorporated above, and every part and parcel of it, and being certain and assured of everything set forth therein, and desiring to observe and fulfill it, just as it stands, we commend, confirm, approve, ratify, and, so far as necessary, authorize anew and promise to observe, the said instrument and treaty which thus by our said representatives and the representatives [of the said lord and] very excellent king, our nephew and cousin, was agreed to and concluded in our names, and every part and parcel of it, really and in fact, in good faith, without deception, and renouncing all fraud and subterfuge. And we desire and are content that it shall be observed and fulfilled, just as it stands, in the same manner and as completely as if it had been made, agreed to, and concluded by us. Given in Vitoria on the twenty-seventh day of the month of February, in the year of the nativity of Our Savior Jesus Christ, 1524.
I, THE KING.
I, FRANCISCO DE los COBOS, secretary of his Imperial Majesty and of their Catholic Majesties, have caused it to be written by his command. [Notarial sign.]
MERCURINO, chancellor. HERNANDO DE VEGA, chief knight-commander. Licentiate Don GARCIA. Doctor CARVAJAL. ANDRES . . ., chancellor.
Davenport, Frances Gardiner
European Treaties Bearing on the History of the United States to 1648
Washington, DC : The Carnegie Institution of Washington, 1917