Ratification by Spain, March 6, 1480. Ratification by
Portugal, September 8,1479.
We, Don
Ferdinand and Dona Isabella, by the grace of God, king and queen of Castile,
Leon, Aragon, Sicily, Toledo, Valencia, Galicia, Majorca, Seville, Sardinia,
Cordova, Corsica, Murcia, Jaen, the Algarves, Algeciras, and Gibraltar; 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: make known to all who shall see the
present letter that perpetual peace between us and the said our kingdoms and
lordships, and our cousin, the very illustrious king of Portugal and the
Algarves on this side and beyond the sea in Africa, and his son, the
illustrious prince, Dom John, and the said their kingdoms and lordships, was
negotiated, at our command, by Doctor Rodrigo Maldonado, oidor of our
audiencia and member of our council, acting as our representative and
ambassador. The said peace was first negotiated by Dom Joao da Silveira, baron
d'Alvito, member of the council of the said king of Portugal and his private
secretary, inspector of the treasury, and chancellor-in-chief of the said
prince of Portugal, and by Pero Botello and Rodrigo Alfonso, knights and
members of the council of the said king of Portugal. Afterward the peace was
affirmed, signed, and sworn to by the said Baron d'Alvito acting as a competent
and qualified representative of the said king and prince of Portugal, and as
their representative and ambassador, as is set forth more fully in the
instrument of agreement and treaty of peace which was made in regard to it.
Among other things that instrument sets forth that whenever we should be
notified on the part of the said very illustrious king of Portugal, and by his
son, the illustrious prince, we should authorize, confirm, and swear to the
said peace in our own person. And inasmuch as we have been notified by Ferrando
de Silva, member of the council of the said king and prince of Portugal, and
their representative and ambassador, to authorize, swear to, and sign the said
peace, as it was authorized, signed, and sworn to by the said doctor, our representative
and ambassador, we ordered the said instrument of agreement and treaty of the
said peace to be brought before us, in order that we might see and examine it.
Its tenor, word for word, is as follows:
In the
name of God Almighty, Father, Son, and Holy Ghost, three persons really
distinct and separate, and one sole divine essence. Be manifest and publicly
known to all who shall see it this public instrument of confirmation and
agreement, revision, and rectification of perpetual peace which [was made] in
the year of the nativity of our Lord Jesus Christ, 1479, on the fourth day of
the month of September, in the city of Alcacobas, in the houses where the very
illustrious infanta, Dona Beatrice, was lodging, in the presence of me, the
notary public and general, below named, and of the undersigned witnesses, and
being there the honorable and prudent doctor, Rodrigo Maldonado, oidor
of the audiencia and member of the council of the very exalted and very
powerful lord and lady, Don Ferdinand and Dona Isabella, king and queen of
Castile, Leon, Aragon, Sicily, Toledo, Valencia, Galicia, Majorca, Seville,
Sardinia, Cordova, Corsica, Murcia, Jaen, the Algarve, Algeciras, and
Gibraltar, 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, member of their
council, and their ambassador and representative qualified to act in what is
below written, and the honorable Dom Joao da Silveira, baron d'Alvito member of
the council of the very exalted and very powerful lord, Dom Alfonso, by the
grace of God, king of Portugal and the Algarves on this side and beyond the sea
in Africa, private secretary to the king, inspector of the treasury,
chancellor-in-chief of his firstborn son, the very illustrious prince, Dom
John, heir of the said kingdoms and lordships, and qualified representative of
the said lords of the other part-as both showed by the procurations of their
constituents the said lords.
[Here
follow the powers granted by Ferdinand and Isabella to Rodrigo Maldonado, dated
July a, 1479, and the powers granted by King Alfonso and Prince John, his son,
to Joao, baron d'Alvito, dated August I9, 1479. The ratification then continues
:]
And
thereupon the said representative of the said lord and lady, Don Ferdinand and
Dona Isabella, king and queen of Castile, Aragon, etc., declared that inasmuch
as since the death of the lord king Don Henry of glorious memory, former king
of Castile, Leon, etc., there have been and are at present serious disputes,
questions, discussions, and differences between his constituents, the said lord
and lady of the one part, and the said representative of the said lords, the
king and prince, of the other part, because the said lord and lady, King Don
Ferdinand and Queen Dona Isabella called themselves king and queen of Castile,
Leon, Portugal, and the Algarves, etc., and the said lord, King Dom Alfonso,
called himself king of Castile, Leon, etc., which furnished the chief cause for
very serious and very cruel wars that were waged here during the said time
between the said lords, and from which resulted the deaths of many men,
conflagrations, fires, innumerable acts of violence, imprisonments, ransoms and
other injuries, offenses of different kinds, the capture of cities, towns,
villages, and fortresses, many losses and injuries, waste and expenses, and
intolerable evils, to the great disservice of God our Lord and of the said
lords, and grave injury and detriment to the said their kingdoms and lordships,
and the subjects and natives of the latter (and may this now be adjusted by our
Lord, through His infinite goodness and clemency, as the Author of peace, for
He always recommended and ordered that peace be procured and kept) and the said
lady, Infanta Dona Beatrice, for His service and that of the said lord and
lady, because of her relationship and great obligations toward them, tried and
endeavored with all her might to obtain peace and harmony between them, and
will set in motion and make use of any means whatsoever to free them from the
said disputes and differences, and wars and evils, and cause agreement and
peace between them-the said lord and lady, moved with zeal for the service of
God and for the public welfare of the said kingdoms and lordships, and the
subjects and natives of them, and desirous of continuing the peace of their
progenitors, the very fortunate kings of glorious memory, who had observed here
an inviolable peace for themselves and for the said their kingdoms and
lordships from very remote and ancient times, and in order to preserve the
close relationship that exists between them, and the great love and harmony
which reigned between themselves and the said their kingdoms before the said
wars, and in order to avoid the occurrence of other evils and injuries from
this time forward, and which are increasing daily, do determine to confirm,
revise, and agree to, for themselves and their successors, and for the said
their kingdoms and lordships, between them, the ancient peace, with certain new
articles and conditions, which were necessary for the better keeping of it. Of
that contract of the ancient peace, with the rectification, revision, and
additions now newly made, the tenor is this which follows:
[Here
follows the ancient treaty of peace concluded in 1431 between John I. of
Portugal and his son, the infante Dom Duarte, and the other infantes, and King
John of Castile.]
The
articles which were newly made, added, and appended to this treaty of peace
commence:
. . . .
. . . . . . . . . .
[8.]
Moreover, the aforesaid King and Queen of Castile, Aragon, Sicily, etc., willed
and resolved, in order that this peace be firm, stable, and everlasting, and
promised, henceforth and forever, that neither of themselves nor by another,
publicly or secretly, or by their heirs and successors, will they disturb,
trouble, or molest, in fact or in law, in court or out of court, the said King
and Prince of Portugal or the future sovereigns of Portugal or their kingdoms,
in their possession or quasi possession all the trade, lands, and barter in
Guinea, with its gold-mines, or in any other islands, coasts, or lands,
discovered or to be discovered, found or to be found, or in the islands of
Madeira, Porto Santo, and Desierta, or in all the islands of the Azores, or the
islands of Flores, as well as the islands of Cape Verde, or in all the islands
hitherto discovered, or in all other islands which shall be found or acquired
by conquest [in the region] from the Canary Islands down toward Guinea. For
whatever has been found or shall be found, acquired by conquest, or discovered
within the said limits, beyond what has already been found, occupied, or
discovered, belongs to the said King and Prince of Portugal and to their
kingdoms, excepting only the Canary Islands, to wit: Lancarote, Palma,
Forteventura, Gomera, Ferro, Graciosa, Grand Canary, Teneriffe, and all the
other Canary Islands, acquired or to be acquired, which belong to the kingdoms
of Castile. And in like manner, [they promised] not to disturb, trouble, or
molest any persons whomsoever, who, under any title or in any way or manner
whatsoever, shall trade or traffic in or acquire by conquest the said trade of
Guinea or that of the said coasts or lands, discovered or to be discovered, in
the name or under the authority of the said king and prince or their
successors. On the contrary, by these presents, they do promise and assure, in
good faith and without deceit, the said king and prince and their successors, that
they will not, of themselves or through others, order or consent, but rather
forbid, that any of their people, native or subject, in any place or at any
time, or in any case, specified or not specified, or any other foreign people
who might be within their kingdoms and dominions, or who shall be equipped or
provisioned in their ports, go to traffic in the said trade or in the islands
or lands of Guinea discovered or to be discovered. Neither will they give any
occasion, favor, opportunity, aid, or consent, direct or indirect, for such
trade, nor consent to equip or freight for those regions in any manner. And if
any of the natives or subjects of the kingdoms of Castile, or any foreigners
whosoever, shall traffic in, obstruct, injure, plunder, or acquire by conquest
the said Guinea, or its trade, barter, mines, lands, and islands, discovered or
to be discovered, without the express license and consent of the said king and
prince or of their successors, [they do promise] that all such shall be
punished in the manner, place, and form ordained by the said article of this
new revision and correction of the treaties of peace which hold and ought to
hold in maritime affairs, against those who go by land along the coasts and
shores, or in the ports and bays, to plunder, commit depredations, or do evil,
or who shall do such things on the high seas.
Moreover,
the said King and Queen of Castile, Leon, etc., promised and agreed, in the
manner abovesaid, of themselves and for their successors, not to presume to
meddle, nor will they meddle in any manner, with the conquest of the kingdom of
Fez, just as the former sovereigns of Castile did not obstruct it or meddle
with it; but the said King and Prince of Portugal and their kingdoms and
successors shall be freely allowed to prosecute the said conquest and to defend
it as they please. And the said king and queen promised and agreed faithfully
that, neither of themselves nor by any other, in court or out of court, in fact
or in law, will they raise against the abovesaid, nor any part of it, nor
anything that pertains to it, any suit, doubt, question, or any other
contention, but that, on the contrary, they will observe and fulfill everything
strictly to the letter, and will have it observed and fulfilled without any
diminution. And in order that no one in the future may allege ignorance of the
said prohibitions and penalties, the said king and queen immediately ordered
the justices and officials of the ports of the abovesaid their kingdoms
faithfully to observe, fulfill, and execute everything as herein ordained, and
such justices and officers shall so proclaim and publish it in their courts and
in the said seaports of the abovesaid their kingdoms and dominions, so that all
people may have notice of it.
. . . .
. . . . . . . . . .
And the
said Doctor Rodrigo Maldonado, in the name of, and acting as the representative
and ambassador of the said lord and lady, King Don Ferdinand and Queen Dona
Isabella, king and queen of Castile, Leon, Aragon, etc., his master and
mistress, and the said Dom Joao da Silveira, baron d'Alvito, in the name of,
and acting as the representative of his masters, the said lords, King Dom
Alfonso, king of Portugal and of the Algarves on this side and beyond the sea
in Africa, and of the said lord, his son, Prince Dom John, by virtue of the
said power conceded to them for that purpose (as is above incorporated),
declared that they agreed to and authorized, and they did agree to and
authorize, perpetual peace between their constituents, the said lords, and their
kingdoms and lordships, so that it may be kept perpetually between them, as was
set forth in the treaty of the ancient peace, with the said conditions,
according to and in the form and manner as is set forth in this instrument and
agreement. They declared that if it were necessary and obligatory for its
greater validation, they approved, revised, and renewed, as in fact they did
approve, revise, rectify, and renew, the said treaty of the ancient peace as is
set forth in it, in so far as may be necessary, obligatory, and advisable at
the present time, with the said additions made therein by them. They promised,
and each bound the other mutually, in the name of their constituents, the said
lords, that the latter and their successors, and the said their kingdoms and
lordships will keep and observe for the present and for evermore the said peace
according to and in the form and manner which is set forth in this instrument,
without any deception, evasion, or mental reservation whatsoever. They will not
oppose or violate, nor consent, nor permit that what is set forth in it be
opposed or violated, or any part of it, directly or indirectly, under any
motive, pretext, or reason whatsoever, or that may be imagined or that can be
imagined. And should they do the contrary (which may God not permit), then by
that very fact, the guilty party shall incur a fine of 300,000 gold doblas
of the grade of good gold and of just weight [which shall be given] to the
other, obedient, party. They promised and bound themselves to really and truly
pay this sum-the party which should incur the said fine to the other, obedient,
party-as soon as the fine should be incurred, without constraint of judgment;
and whether the said fine be paid or not, or whether it be remitted, the said
contract of the said peace would still be firm and valid forever.
Furthermore,
they declared that they renounced, and they did renounce, in the name of their
constituents, the said lords, all allegations, exceptions, and all legal
remedies and beneficial aids, ordinary and extraordinary, which might rightly
belong to their constituents, the said lords, or to any one of them, now or at
any time hereafter, to annul, revoke, or infringe, in whole or in part, this
said instrument of treaty, agreement, revision, and rectification of the said
peace, with the said additions made by them, or to postpone or prevent its
operation. Likewise they renounced all rights, laws, customs, usages, actions,
and opinions of doctors of which they might avail themselves for it in any way.
Especially did they renounce the law and right which declares a general
renunciation invalid. In order to keep, perform, and comply with all the above,
and in order to pay the said fine, should it be incurred, the said
representatives pledged the property, both patrimonial and fiscal, the chattels
and the landed property owned or to be owned, of their constituents, the said
lords, and of their subjects and natives. And for greater assurance, the said
representatives, by virtue of the said powers which they have especially for
it, declared that they took oath, and they did take oath, before God and Holy
Mary, and on the sign of the cross, on which they placed their right hands, and
on the holy gospels, wherever they may be, in the names and on the consciences
of their constituents, the said lords that they, and each one of them, for
themselves and for their successors, and their kingdoms and lordships, will
keep and observe the said peace, and cause it to be kept and observed,
perpetually and inviolably, according as it is set forth in this instrument, in
good faith, and without any evasion, deception, or mental reservation
whatsoever. Their constituents, the said lords or any one of them, will not ask
of our very Holy Father, or of any other person who may have the power to grant
and concede it, in their own name or by means of persons acting as their
agents, absolution, remission, dispensation, or commutation of the said oath.
And even should this be granted proprio motu, or in any other manner, they will
not avail themselves of it. But the rather, notwithstanding that, they will
keep, observe, and perform, and cause to be kept and performed, all that is set
forth in this said contract of the said peace with the said additions, and each
and every part of it, as it is set forth therein, faithfully and truly, and
actually. In testimony of the truth, the said representatives approved this
instrument and contract of the said peace, and each requested of me, the notary
who drew it, writs of it, with my public seal, and whatever else might be
suitable for the observance of the service of their constituents, the said
lords. Witnesses of it, who were present, were Fernando de Silveira, member of
the council of the said lord king of Portugal and master of the horse of his
kingdoms, Doctor Joao Texera, member of the council and disembargo and
of petitions, and his vice-chancellor, Pero Botello and Rodrigo Alfonso,
knights of the said lord king and members of his council, and others. And I,
Joao Garces, knight of the household of the said lord prince and his notary of
his treasury and of the treasury of the kingdom of the Algarve beyond the sea
in Africa, notary general and public throughout the kingdoms and lordships of
the said lord king, who together with Benito Roys de Castro, notary of the high
court of justice of the said lord and lady, king and queen of Castile, Aragon,
etc., and with the said witnesses, was present throughout when the said
representatives approved this instrument of agreement and all the things particularly
set forth in it. And they took the said oath by placing their right hands on a
cross and on a book of the holy gospels. I, the said Joao Garces, caused this
said agreement and instrument to be written down faithfully on these
thirty-three leaves above written counting this leaf. It was faithfully amended
and corrected and revised in the presence of the said represents fives, just as
it is set forth on each single leaf, which was signed by me and the said Benito
Roys with our names at the foot of it. With my hand I wrote the wrapper and
sealed it with my public seal, which is as follows. And I, Benito Roys de
Castro, notary of the high court of justice of the said lord and lady, king and
queen of Castile, Aragon, etc., and notary public in their court and throughout
their kingdoms and lordships, by the permission, power, and authority, which
was granted and conceded to me by the said lord king of Portugal to attest and
witness the truth of the treaty of peace and of all the other things which pertain
to it, was present, together with the said Joao Garces and the witnesses
abovementioned, when the said representatives of the said lords approved this
instrument and took the said oath by placing their right hands on a cross and
on a book of the holy gospels. I caused it to be corrected, together with the
said Juan Garces, just as it is corrected above. It is written on thirty-four
leaves, counting this leaf on which this my seal is placed. Finally on each
leaf is written my customary name and I sealed it with my seal which is as
follows.
This
instrument of agreement and treaty of peace having been seen and examined by
us, by the members of our council, and by the grandees, cities, and towns of
our kingdoms, we approve, assent to, and confirm it, and promise and swear, on
the sign of the cross and on the holy gospels, on which we actually placed our
hands in the presence of the said Fernando de Silva, ambassador of the said
lords, king and prince of Portugal, to perform, maintain, and observe this said
instrument of contract of peace, and all the articles contained in it, and each
one of them, in good faith, and without any evasion, deception, or mental
reservation whatsoever, by us and by our heirs and successors, and by our
kingdoms and lordships, lands, peoples, and subjects natives of them, under the
stipulations, agreements, obligations, fines, bonds, and renunciations
contained in this said contract and treaty of peace. For the assurance,
corroboration, and validation of all, we caused this letter to be written and
delivered to the said Fernando de Silva, in order that he might give it to the
said lords, the king and prince of Portugal. We signed the same with our names,
and ordered it sealed with our leaden seal hanging from colored silken threads.
Given in the very noble city of Toledo, on the sixth day of the month of March,
in the year of the nativity of our Lord Jesus Christ, 1480. Let there be no
doubt where it says on the second leaf above the erasure " onde poz que
las assentaredes y firmaredes "; on the third leaf where it says "
diez y nueve "; on the seventh leaf, where it says in the margin "
que destos nuestros rreynos viniere con el procurador del dicho Rey de Castilla
"; on the thirteenth leaf, where it says above the erasure " tractos
"; and on the fourteenth leaf, where it says between the lines " sus
reynos ". It was thoroughly corrected and revised in the presence of the
said Fernando de Silva. And on the twelfth leaf, where it says above the
erasure " sentencias ".
I, THE
KING. I, THE QUEEN.
I,
FERNANDO ALVAREZ de Toledo, secretary of the king and of the queen, our lord
and lady, had it written by his command. Registered. ALFONSO SANCHEZ de
Logrono, chancellor.