Page:European treaties bearing on the history of the United States and its dependencies.djvu/56

 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 what­ soever, 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 rectifica­ tion 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 in­ curred, 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, decep­ tion, 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, dispensa­ tion, 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 serv­ ice 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 João Texera, member of the council and disembargo and of petitions,