Page:European treaties bearing on the history of the United States and its dependencies.djvu/92



Alexander, bishop, servant of the servants of God, to the illustrious sovereigns, his very dear son in Christ, Ferdinand, king, and his very dear daughter in Christ, Isabella, queen of Castile, Leon, Aragon, and Granada, health and apostolic benediction.

A short while ago of our own accord, and out of our certain knowledge, and fullness of our apostolic power, we gave, conveyed, and assigned forever to you and your heirs and successors, kings of Castile and Leon, all islands and mainlands whatsoever, discovered and to be discovered, toward the west and south, that were not under the actual temporal dominion of any Christian lords. Moreover, we invested therewith you and your aforesaid heirs and successors, and appointed and deputed you as lords of them with full and free power, authority, and jurisdiction of every kind, as more fully appears in our letters given to that effect, the terms whereof we wish to be understood as if they were inserted word for word in these presents. But since it may happen that your envoys and captains, or vassals, while voyaging toward the west or south, might bring their ships to land in eastern regions and there discover islands and mainlands that belonged or belong to India, with the desire moreover to bestow gracious favors upon you, through our similar accord, knowledge, and fullness of power, by apostolic authority and by tenor of these presents, in all and through all, just as if in the aforesaid letters full and express mention had been made thereof, we do in like manner amplify and extend our aforesaid gift, grant, assignment, and letters, with all and singular the clauses contained in the said letters, to all islands and mainlands whatsoever, found and to be found, discovered and to be dis­ covered, that are or may be or may seem to be in the route of navigation or travel toward the west or south, whether they be in western parts, or in the regions of the south and east and of India. We grant to you and your afore­ said heirs and successors full and free power through your own authority, exercised through yourselves or through another or others, freely to take corporal possession of the said islands and countries and to hold them forever, and to defend them against whosoever may oppose, With this strict prohi­ bition however to all persons, of no matter what rank, estate, degree, order or condition, that under penalty of excommunication latae sententiae, which such as contravene are to incur ipso facto, no one without your express and special license or that of your aforesaid heirs and successors shall, for no matter what reason or pretense, presume in any manner to go or send to the aforesaid regions for the purpose of navigating or of fishing, or of searching for islands or mainlands--notwithstanding apostolic consti­ tutions and ordinances, and any gifts, grants, powers, and assignments of the aforesaid regions, seas, islands, and countries, or any portion of them, made by us or our predecessors to any kings, princes, infantes, or any other persons, orders, or knighthoods, for no matter what reasons, even for motives of charity or the faith, or the ransom of captives, or for other reasons, even the most urgent; notwithstanding also any repealing clauses, even though they are of the most positive, mandatory, and unusual char­ acter; and no matter what sentences, censures, and penalties of any kind they may contain; providing however these grants have not gone into effect through actual and real possession, even though it may have happened that