Page:European treaties bearing on the history of the United States and its dependencies.djvu/204

194 the sum which, according to this contract, is to be given in the manner aforesaid, thus cancelling the sale, the said treaties negotiated between the said Catholic sovereigns, Don Ferdinand and Doña Isabella and the said king Dom John II., of Portugal, shall remain in full force and power as if this contract were not made; and the said constituents shall be obliged to comply with it in every respect, as is therein agreed.

14. Item, it is covenanted and agreed by the said deputies that although the rights and dominion which the said Emperor and King of Castile claims to possess in the said lands, districts, seas, and islands, and which be sells to the said King of Portugal in the manner abovesaid are worth more then [the] half of the just price given, and the said Emperor and King of Castile has certain definite knowledge, through exact information, of persons who are experts on the subject, and who have investigated and ascertained definitely, that said rights are of much greater value and worth, more than [the] half of the just price that the said King of Portugal gives to the said Emperor and King of Castile, he is pleased to make him a gift of it, as he does in fact, which from the said day henceforth shall be valid among the living, of the said excess in value above the half of the just price, however great that excess may be. This excess in value ahove the half of the just price the said Emperor and King of Castile relinquishes for himself and his successors, and disunites the same from the royal crown of his kingdoms forever, and delivers it entire to the said King of Portugal, to him and to his successors and crown of his kingdoms, really and effectually, in the aforesaid manner and during the time of this contract.

15. Item, it is covenanted and agreed by the said representatives that whichever of the parties shall violate this contract, or part of it, of himself or through another, in any way, shape, or manner, premeditated or unpremeditated, he shall, ipso facto, lose the right that he holds in any way, shape, or manner whatsoever. The whole shall be immediately adjudged, given to, and acquired by the other party, who shall abide by the said contract and not violate it, and to and by the crown of his realms. He who shall violate it shall not be cited, heard, or notified further; nor shall it be necessary that any further sentence be given in respect to that matter, by any judge or judicator whatsoever, provided that the command, consent, or support of the party who shall violate it shall have been first investigated and proved. Furthermore, he who shall violate this contract in any form or manner whatsoever, in part or in whole, shall pay to the other party, who shall abide by it, 200,000 ducats of gold, as a penalty and under the name of fine and interest. This fine they shall incur as often as they shall violate the treaty in part or in whole, as has been said; and whether this fine be exacted or not, the contract will, nevertheless, remain secure, valid, and stable forever and ever, to the advantage of him who shall abide by it, and to the disadvantage of the party who shall violate it. To this end they have pledged all the possessions, patrimonial and fiscal, of their said constituents, and of the crowns of their realms, to fulfill and maintain all in the same manner and as completely as is set forth therein.

16. Item, it was covenanted and agreed by the said representatives that the said lords, their constituents, and each one of them, shall solemnly swear and shall promise on the said oath, that neither they nor their successors will ever, at any time, violate this contract, in whole or in part, of themselves or through another, in court or without, in any way, shape, or manner whatsoever,