Appendix R

Appendix Q:

Applicable Papal Bulls during the 15th Century CE and beyond (found in ‘European Treaties Bearing on the History of the United States and Its Dependencies’ by Frances Gardiner Davenport). All my comments are in bold font.

Romanus Pontifex (1455):

“Nicholas, bishop, servant, of the servants of God for a perpetual remembrance.

The Roman pontiff, successor of the key-bearers of the heavenly kingdoms and vicar of Jesus Christ, contemplating with a fathers mind all the several climes of the world and the characteristics of all the nations dwelling in them and seeking and desiring the salvation of all, wholesomely ordains and disposes upon careful deliberation those things which he sees will be agreeable to the Divine Majesty and by which he may bring the sheep entrusted to him by God in to the single divine fold, and may acquire for them the reward of eternal felicity, and obtain pardon for their souls. This we believe will more certainly come to pass, through the aid of the Lord, if we bestow suitable favors and special graces on those Catholic kings and princes, who, like athletes and intrepid champions of the Christian faith, as we know by the evidence of facts, not only restrain the savage excesses of the Saracens [Muslims] and of other infidels, enemies of the Christian name, but also for the defense and increase of faith vanquish them and their kingdoms and habitations, though situated in the remotest parts unknown to us, and subject them to their own temporal dominion, sparing no labor and expense in order that those kings and princes, relieved of all obstacles, may be the more animated to the prosecution of so salutary and laudable a work.

We have lately heard, not without great joy and gratification, how our beloved son, the noble personage Henry, infante [Prince] of Portugal, uncle of our most dear son in Christ, the illustrious Alfonso, King of the Kingdoms of Portugal and Algarve, treading in the footsteps of John, of famous memory, king of the said Kingdom, his father, and greatly inflamed with zeal for the salvation of souls and with fervor of faith, as a Catholic and true soldier of Christ, the Creator of all things, and a most active and courageous defender and intrepid champion of the faith in Him, has aspired from his early youth with his utmost might to cause the most glorious name of the said Creator to be published, extolled, and revered throughout the whole world, even in the most remote and undiscovered places, and also to bring into the bosom of his faith the perfidious enemies of him and of the life-giving Cross by which we have been redeemed, namely the Saracens [Muslims] and all other infidels whatsoever, [and how] after the city of Ceuta, situated in Africa, had been subdued by the said King John to his dominion, and after many wars had been waged, sometimes in person, by the said infante, although in the name of the said King John, against the enemies and infidels aforesaid, not without the greatest labors and expense, and with danges and loss of life and property, and slaughter of very many natural subjects, the said infant being neither enfeebled nor terrified by so many and great labors, dangers, and losses, but growing daily more and more zealous in prosecuting this his so laudable and pious purpose, has peopled with Orthodox Christians certain solitary Islands in the ocean sea, and has caused churches and other pious places to be there founded and built, in which divine service is celebrated. Also by the laudable endeavour and industry of the said infant, very many inhabitants or dwellers in divers islands situated in the said sea, coming to the knowledge of the true God, the salvation of the souls of many, the propagation also of the orthodox[1] faith, and the increase of divine worship.

Moreover, since, some time ago, it had come to the knowledge of the said infante that never, or at least not within memory of men, had it been customary to sail on this ocean sea towards the southern and eastern shores, and that it was unknown to us westerners that we had no certain knowledge of the peoples of those parts, believing that he would best perform his duty to God in this matter, if by his effort and industry that sea might become navigable as far as to the Indians who are said to worship that name of Christ, and that thus he might be able to enter into relation with them, and to incite them to aid the Christians against the Saracens [Muslims] and other such enemies of the faith, and might also be able forthwith to subdue certain gentile or pagan peoples, living between, who are entirely free from infection by the sect of Mahomet [Muhammad (صلَّى الله عليه وسلَّم)], and to preach and cause to be preached to them the unknown but most sacred name of Christ, strengthened, however, always by the royal authority, he has not ceased for twenty-five years past to send almost yearly an army of the peoples of the said kingdoms, with the greatest of labor, danger, and expense, in very swift ships called Caravels, to explore the sea and coast lands toward the southe and the Antarctic pole. And so it came to pass that when a numbe of ships of this kind had explored and taken possession of very many harbors, islands, and seas, they at length came to the province of Guinea and having taken possession of some Islands and harbors and the sea adjacent to that province, sailing farther they came to the mouth of a certain great river commonly supposed to be the Nile, and war was waged for some years against the peoples of those parts in the name of the said King Alfonso and of the infant, and in it very many islands in that neighbourhood were subdued and peacefully possessed, as they are still possessed together with adjacent sea. Thence also many Guineamen and other negroes, taken by force, and some by barter of unprohibited articles, or by other lawful contract of purchase, have been converted to the Catholic faith, and it is hoped, by the help of divine mercy, that if such progress be continued with them, eiher those peoples will be converted to the faith or at least the souls of many of them will be gained for Christ.

But since, as we are informed, although the king and infant aforesaid (who with so many and so great dangers, labors, and expenses, and also with loss of so many natives of their said kingdom, very many of whom have perished in those expeditions, depending only upon the aid of those natives, have caused those provinces to be explored and have acquired and possessed such harbors, islands, and seas, as aforesaid, as the true lords of them), fearing lest strangers induced by covetousness should sail to those parts, and desiring to usurp to themselves the perfection, fruit, and praise of this work, or at least hinder it, should therefore, either for the sake of gain or through malice, carry or transmit iron, arms, wood used for construction and other things and goods prohibited to infidels [reference to Muslims and probably targeted specifically at the Uthmanis], or should teach those infidels the art of navigation, whereby they would become more powerful and obstinate enemies to the king and infant, and the prosecution of this enterprise would either be hindered, or would perhaps entirely fail, not without great offense to God and great reproach to all Christianity, to prevent this and to conserve their right and possession, [the said king and infane] under certain most severe penalties then expressed, have prohibited and in general have ordained that none, unless with their sailors and ships and on payment of a certain tribute and with an express license previously obtained from the said king or infant, should presume to sail to the said provinces or to trade in their port or to fish in the sea, [although the king and infant have taken this action, yet] in time it might happen that persons of other kingdoms or nations, led by envy, malice, or covetousness, might presume, contrary to the prohibition of the aforesaid, without license and payment of such tribute, to go to the said provinces , and in the provinces, harbors, islands and sea, so acquired to sail, trade, and fish and thereupon between King Alfonso and the infant, who would by no means suffer themselves to be so trifled with in these things, and the presumptuous persons aforesaid, very many hatereds, rancors, dissensions, wars, and scandals, to the highest offense of God and danger of souls, probably might and would ensure-We [therefore] weighting all and singular the premises with due meditation, and noting that since we had foremerly by other letters of ours granted among other things free and ample faculty to the aforesaid King Alfonso- to invade and search out, capture, vanquish and subdue all Saracens [Muslims] and pagans whatsoever, and other enemies of Christ wheresoever placed, and the kingdoms, dukedoms, principalities, dominions, possessions, and all movable and immovable goods whatsoever held and possessed by them and to reduce their persons to perpetual slavery, and to apply and appropriate to himself and his successors the kingdoms, dukedoms, counties, principalities, dominions, possessions, and goods, and to convert them to his and their use and profit- by having secured the said faculty, the said King Alfonso, or, by his authority, the aforesaid infant, justly and lawfully has acquired and possessed, and doth possess, these islands, lands, harbors, and seas, and they do of right belong and pertain to the said Kign Alfonso and his succesors, nor without special license from King Alfonso and his successors themselves has any other even of the faith of Christ been entitled hitherto, nor is he by any means now entitled lawfully to meddle therewith- in order that King Alfonso himself and his successors and the infant may be able the more zealously to pursue and may pursue this most pious and noble work, and most worthy of perpetual remembrance (which, since the salvation of souls, increase of the faith, and overthrow of its enemies may be procured thereby, we regard as a work wherein the glory of God, and faith in Him, and His commonwealth, the Universal Church, are concerned), in proportion as they, having been relieved of all the greater obstacles, shall find themselves supported by us and by the Apostolic See[2] with favors and graces — we, being very fully informed of all and singular the premises, do, motu proprio, not at the instance of King Alfonso or the infante, or on the petition of any other offered to us on their behalf in respect to this matter, and after mature deliberation, by apostolic authority, and from certain knowledge, in the fullness of apostolic power, by the tenor of these presents decree and declare that the aforesaid letters of faculty (the tenor whereof we wish to be considered as inserted word for word in these presents, with all and singular the clauses therein contained) are extended to Ceuta and to the aforesaid and all other acquisitions whatsoever, even those acquired before the date of the said letters of faculty, and to all those provinces, islands, harbors, and seas whatsoever, which hereafter, in the name of the said King Alfonso and of his successors and of the infante, in those parts and the adjoining, and in the more distant and remote parts, can be acquired from the hands of infidels or pagans, and that they are comprehended under the said letters of faculty. And by force of those and of the present letters of faculty the acquisitions already made, and what hereafter shall happen to be acquired, after they shall have been acquired, we do by the tenor of these presents decree and declare have pertained, and forever of right do belong and pertain, to the aforesaid king and to his successors and to the infante, and that the right of conquest which in the course of these letters we declare to be extended from the capes of Bojador and of Não, as far as through all Guinea, and beyond toward that southern shore, has belonged and pertained, and forever of right belongs and pertains, to the said King Alfonso, his successors, and the infante, and not to any others. We also by the tenor of these presents decree and declare that King Alfonso and his successors and the infante aforesaid might and may, now and henceforth, freely and lawfully, in these [acquisitions] and concerning them make any prohibitions, statutes, and decrees whatsoever, even penal ones, and with imposition of any tribute, and dispose and ordain concerning them as concerning their own property and their other dominions. And in order to confer a more effectual right and assurance we do by these presents forever give, grant, and appropriate to the aforesaid King Alfonso and his successors, kings of the said kingdoms, and to the infante, the provinces, islands, harbors, places, and seas whatsoever, how many soever, and of what sort soever they shall be, that have already been acquired and that shall hereafter come to be acquired, and the right of conquest also from the capes of Bojador and of Não aforesaid.

Moreover, since this is fitting in many ways for the perfecting of a work of this kind, we allow that the aforesaid King Alfonso and [his] successors and the infante, as also the persons to whom they, or any one of them, shall think that this work ought to be committed, may (according to the grant made to the said King John by Martin V., of happy memory, and another grant made also to King Edward of illustrious memory, king of the same kingdoms, father of the said King Alfonso, by Eugenius IV., of pious memory, Roman pontiffs, our predecessors) make purchases and sales of any things and goods and victuals whatsoever, as it shall seem fit, with any Saracens [Muslims] and infidels, in the said regions; and also may enter into any contracts, transact business, bargain, buy and negotiate, and carry any commodities whatsoever to the places of those Saracens [Muslims] and infidels, provided they be not iron instruments, wood to be used for construction, cordage, ships, or any kinds of armor, and may sell them to the said Saracens [Muslims] and infidels; and also may do, perform, or prosecute all other and singular things [mentioned] in the premises, and things suitable or necessary in relation to these; and that the same King Alfonso, his successors, and the infante, in the provinces, islands, and places already acquired, and to be acquired by him, may found and [cause to be] founded and built any churches, monasteries, or other pious places whatsoever; and also may send over to them any ecclesiastical persons whatsoever, as volunteers, both seculars, and regulars of any of the mendicant orders (with license, however, from their superiors), and that those persons may abide there as long as they shall live, and hear confessions of all who live in the said parts or who come thither, and after the confessions have been heard they may give due absolution in all cases, except those reserved to the aforesaid see, and enjoin salutary penance, and also administer the ecclesiastical sacraments freely and lawfully, and this we allow and grant to Alfonso himself, and his successors, the kings of Portugal, who shall come afterwards, and to the aforesaid infante. Moreover, we entreat in the Lord, and by the sprinkling of the blood of our Lord Jesus Christ, whom, as has been said, it concerneth, we exhort, and as they hope for the remission of their sins enjoin, and also by this perpetual edict of prohibition we more strictly inhibit, all and singular the faithful of Christ, ecclesiastics, seculars, and regulars of whatsoever orders, in whatsoever part of the world they live, and of whatsoever state, degree, order, condition, or pre-eminence they shall be, although endued with archiepiscopal, episcopal, imperial, royal, queenly, ducal, or any other greater ecclesiastical or worldly dignity, that they do not by any means presume to carry arms, iron, wood for construction, and other things prohibited by law from being in any way carried to the Saracens [Muslims], to any of the provinces, islands, harbors, seas, and places whatsoever, acquired or possessed in the name of King Alfonso, or situated in this conquest or elsewhere, to the Saracens [Muslims], infidels, or pagans; or even without special license from the said King Alfonso and his successors and the infante, to carry or cause to be carried merchandise and other things permitted by law, or to navigate or cause to be navigated those seas, or to fish in them, or to meddle with the provinces, islands, harbors, seas, and places, or any of them, or with this conquest, or to do anything by themselves or another or others, directly or indirectly, by deed or counsel, or to offer any obstruction whereby the aforesaid King Alfonso and his successors and the infante may be hindered from quietly enjoying their acquisitions and possessions, and prosecuting and carrying out this conquest.

And we decree that whosoever shall infringe these orders [shall incur the following penalties], besides the punishments pronounced by law against those who carry arms and other prohibited things to any of the Saracens [Muslims], which we wish them to incur by so doing; if they be single persons, they shall incur the sentence of excommunication; if a community or corporation of a city, castle, village, or place, that city, castle, village, or place shall be thereby subject to the interdict; and we decree further that transgressors, collectively or individually, shall not be absolved from the sentence of excommunication, nor be able to obtain the relaxation of this interdict, by apostolic or any other authority, unless they shall first have made due satisfaction for their transgressions to Alfonso himself and his successors and to the infante, or shall have amicably agreed with them thereupon. By [these] apostolic writings we enjoin our venerable brothers, the archbishop of Lisbon, and the bishops of Silves and Ceuta, that they, or two or one of them, by himself, or another or others, as often as they or any of them shall be required on the part of the aforesaid King Alfonso and his successors and the infante or any one of them, on Sundays, and other festival days, in the churches, while a large multitude of people shall assemble there for divine worship, do declare and denounce by apostolic authority that those persons who have been proved to have incurred such sentences of excommunication and interdict, are excommunicated and interdicted, and have been and are involved in the other punishments aforesaid. And we decree that they shall also cause them to be denounced by others, and to be strictly avoided by all, till they shall have made satisfaction for or compromised their transgressions as aforesaid. Offenders are to be held in check by ecclesiastical censure, without regard to appeal, the apostolic constitutions and ordinances and all other things whatsoever to the contrary notwithstanding. But in order that the present letters, which have been issued by us of our certain knowledge and after mature deliberation thereupon, as is aforesaid, may not hereafter be impugned by anyone as fraudulent, secret, or void, we will, and by the authority, knowledge, and power aforementioned, we do likewise by these letters, decree and declare that the said letters and what is contained therein cannot in any wise be impugned, or the effect thereof hindered or obstructed, on account of any defect of fraudulency, secrecy, or nullity, not even from a defect of the ordinary or of any other authority, or from any other defect, but that they shall be valid forever and shall obtain full authority. And if anyone, by whatever authority, shall, wittingly or unwittingly, attempt anything inconsistent with these orders we decree that his act shall be null and void. Moreover, because it would be difficult to carry our present letters to all places whatsoever, we will, and by the said authority we decree by these letters, that faith shall be given as fully and permanently to copies of them, certified under the hand of a notary public and the seal of the episcopal or any superior ecclesiastical court, as if the said original letters were exhibited or shown; and we decree that within two months from the day when these present letters, or the paper or parchment containing the tenor of the same, shall be affixed to the doors of the church at Lisbon, the sentences of excommunication and the other sentences contained therein shall bind all and singular offenders as fully as if these present letters had been made known and presented to them in person and lawfully. Therefore let no one infringe or with rash boldness contravene this our declaration, constitution, gift, grant, appropriation, decree, supplication, exhortation, injunction, inhibition, mandate, and will. But if anyone should presume to do so, be it known to him that he will incur the wrath of Almighty God and of the blessed apostles Peter and Paul. Given at Rome, at Saint Peter’s, on the eighth day of January, in the year of the incarnation of our Lord one thousand four hundred and fifty-four, and in the eighth year of our pontificate.

P. de Noxeto. [Pope Nicholas]

[End]

Inter Caetera (1493) by Pope Alexander VI:

Alexander, bishop, servant of the servants of God, to the illustrious sovereigns, our very dear son in Christ, Ferdinand, king, and our very dear daughter in Christ, Isabella, queen of Castile, Leon, Aragon, Sicily, and Granada, health and apostolic benediction. Among other works well pleasing to the Divine Majesty and cherished of our heart, this assuredly ranks highest, that in our times especially the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, that the health of souls be cared for and that barbarous nations be overthrown and brought to the faith itself. Wherefore inasmuch as by the favor of divine clemency, we, though of insufficient merits, have been called to this Holy See of Peter, recognizing that as true Catholic kings and princes, such as we have known you always to be, and as your illustrious deeds already known to almost the whole world declare, you not only eagerly desire but with every effort, zeal, and diligence, without regard to hardships, expenses, dangers, with the shedding even of your blood, are laboring to that end; recognizing also that you have long since dedicated to this purpose your whole soul and all your endeavors — as witnessed in these times with so much glory to the Divine Name in your recovery of the kingdom of Granada from the yoke of the Saracens [Muslims] — we therefore are rightly led, and hold it as our duty, to grant you even of our own accord and in your favor those things whereby with effort each day more hearty you may be enabled for the honor of God himself and the spread of the Christian rule to carry forward your holy and praiseworthy purpose so pleasing to immortal God. We have indeed learned that you, who for a long time had intended to seek out and discover certain islands and mainlands remote and unknown and not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and the profession of the Catholic faith their residents and inhabitants, having been up to the present time greatly engaged in the siege and recovery of the kingdom itself of Granada were unable to accomplish this holy and praiseworthy purpose; but the said kingdom having at length been regained, as was pleasing to the Lord, you, with the wish to fulfill your desire, chose our beloved son, Christopher Columbus, a man assuredly worthy and of the highest recommendations and fitted for so great an undertaking, whom you furnished with ships and men equipped for like designs, not without the greatest hardships, dangers, and expenses, to make diligent quest for these remote and unknown mainlands and islands through the sea, where hitherto no one had sailed; and they at length, with divine aid and with the utmost diligence sailing in the ocean sea, discovered certain very remote islands and even mainlands that hitherto had not been discovered by others; wherein dwell very many peoples living in peace, and, as reported, going unclothed, and not eating flesh. Moreover, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, the Creator in heaven, and seem sufficiently disposed to embrace the Catholic faith and be trained in good morals. And it is hoped that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be introduced into the said countries and islands. Also, on one of the chief of these aforesaid islands the said Christopher has already caused to be put together and built a fortress fairly equipped, wherein he has stationed as garrison certain Christians, companions of his, who are to make search for other remote and unknown islands and mainlands. In the islands and countries already discovered are found gold, spices, and very many other precious things of divers kinds and qualities. Wherefore, as becomes Catholic kings and princes, after earnest consideration of all matters, especially of the rise and spread of the Catholic faith, as was the fashion of your ancestors, kings of renowned memory, you have purposed with the favor of divine clemency to bring under your sway the said mainlands and islands with their residents and inhabitants and to bring them to the Catholic faith. Hence, heartily commending in the Lord this your holy and praiseworthy purpose, and desirous that it be duly accomplished, and that the name of our Savior be carried into those regions, we exhort you very earnestly in the Lord and by your reception of holy baptism, whereby you are bound to our apostolic commands, and by the bowels of the mercy of our Lord Jesus Christ, enjoin strictly, that inasmuch as with eager zeal for the true faith you design to equip and despatch this expedition, you purpose also, as is your duty, to lead the peoples dwelling in those islands and countries to embrace the Christian religion; nor at any time let dangers or hardships deter you therefrom, with the stout hope and trust in your hearts that Almighty God will further your undertakings. And, in order that you may enter upon so great an undertaking with greater readiness and heartiness endowed with the benefit of our apostolic favor, we, of our own accord, not at your instance nor the request of anyone else in your regard, but of our own sole largess and certain knowledge and out of the fullness of our apostolic power, by the authority of Almighty God conferred upon us in blessed Peter and of the vicarship of Jesus Christ, which we hold on earth, do by tenor of these presents, should any of said islands have been found by your envoys and captains, give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, together with all their dominions, cities, camps, places, and villages, and all rights, jurisdictions, and appurtenances, all islands and mainlands found and to be found, discovered and to be discovered towards the west and south, by drawing and establishing a line from the Arctic pole, namely the north, to the Antarctic pole, namely the south, no matter whether the said mainlands and islands are found and to be found in the direction of India or towards any other quarter, the said line to be distant one hundred leagues towards the west and south from any of the islands commonly known as the Azores and Cape Verde. With this proviso however that none of the islands and mainlands, found and to be found, discovered and to be discovered, beyond that said line towards the west and south, be in the actual possession of any Christian king or prince up to the birthday of our Lord Jesus Christ just past from which the present year one thousand four hundred and ninety-three begins. And we make, appoint, and depute you and your said heirs and successors lords of them with full and free power, authority, and jurisdiction of every kind; with this proviso however, that by this our gift, grant, and assignment no right acquired by any Christian prince, who may be in actual possession of said islands and mainlands prior to the said birthday of our Lord Jesus Christ, is hereby to be understood to be withdrawn or taken away. Moreover we command you in virtue of holy obedience that, employing all due diligence in the premises, as you also promise — nor do we doubt your compliance therein in accordance with your loyalty and royal greatness of spirit — you should appoint to the aforesaid mainlands and islands worthy, God-fearing, learned, skilled, and experienced men, in order to instruct the aforesaid inhabitants and residents in the Catholic faith and train them in good morals. Furthermore, under penalty of excommunication late sententie to be incurred ipso facto, should anyone thus contravene, we strictly forbid all persons of whatsoever rank, even imperial and royal, or of whatsoever estate, degree, order, or condition, to dare, without your special permit or that of your aforesaid heirs and successors, to go for the purpose of trade or any other reason to the islands or mainlands, found and to be found, discovered and to be discovered, towards the west and south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the mainlands and islands, found and to be found, lie in the direction of India or toward any other quarter whatsoever, the said line to be distant one hundred leagues towards the west and south, as is aforesaid, from any of the islands commonly known as the Azores and Cape Verde; apostolic constitutions and ordinances and other decrees whatsoever to the contrary notwithstanding. We trust in Him from whom empires and governments and all good things proceed, that, should you, with the Lord’s guidance, pursue this holy and praiseworthy undertaking, in a short while your hardships and endeavors will attain the most felicitous result, to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree, that to copies of them, signed by the hand of a public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents should they thus be exhibited or shown. Let no one, therefore, infringe, or with rash boldness contravene, this our recommendation, exhortation, requisition, gift, grant, assignment, constitution, deputation, decree, mandate, prohibition, and will. Should anyone presume to attempt this, be it known to him that he will incur the wrath of Almighty God and of the blessed apostles Peter and Paul. Given at Rome, at St. Peter’s, in the year of the incarnation of our Lord one thousand four hundred and ninety-three, the fourth of May, and the first year of our pontificate.

Gratis by order of our most holy lord, the pope.

 
June.   For the referendary,             For J. Bufolinus,

A. de Mucciarellis.            A. Santoseverino.

L. Podocatharus.

[End]

Treaty of Alcacovas (1494): Treaty Between Spain and Portugal, Concluded at Alcacovas, September 4, 1479. Ratification by Spain, March 6, 1480. Ratification by Portugal, September 8,1479. The Papal Bull Aeterni regis which was issued on 21 June 1481 by Pope Sixtus IV, confirmed the substance of the Treaty of Alcáçovas, thereby reiterating that treaty’s confirmation of Castile in its possession of the Canary Islands and its granting of all further acquisitions made by Christian powers in Africa (and eastward to the Indies) to Portugal.

“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.”

[End]

Treaty of Tordesillas (1494) between Spain and Portugal:

“Don Ferdinand and Dona Isabella, by the grace of God king and queen of Castile, Leon, Aragon, Sicily, Granada, Toledo, Valencia, Galiciaj Majorca Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, Algarve, Algeciras, Gibraltar, and the Canary Islands, 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, together with the Prince Don John, our very dear and very beloved first-born son, heir of our aforesaid kingdoms and lordships. Whereas by Don Enrique Enriques, our chief steward, Don Gutierre de Cardenas, chief commissary of Leon, our chief auditor, and Doctor Rodrigo Maldonado, all members of our council, it was treated, adjusted, and agreed for us and in our name and by virtue of our power with the most serene Dom John, by the grace of God, king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, our very dear and very beloved brother, and with Ruy de Sousa, lord of Sagres and Berenguel, Dom Joao de Sousa, his son, chief inspector of weights and measures of the said Most Serene King our brother, and Ayres de Almada, magistrate of the civil cases in his court and member of his desembargo, all members of the council of the aforesaid Most Serene King our brother, [and acting] in his name and by virtue of his power, his ambassadors, who came to us in regard to the controversy over what part belongs to us and what part to the said Most Serene King our brother, of that which up to this seventh day of the present month of June, the date of this instrument, is discovered in the ocean sea, in which said agreement our aforesaid representatives promised among other things that within a certain term specified in it we should sanction, confirm, swear to, ratify, and approve the above-mentioned agreement in person: we, wishing to fulfill and fulfilling all that which was thus adjusted, agreed upon, and authorized in our name in regard to the above-mentioned, ordered the said instrument of the aforesaid agreement and treaty to be brought before us that we might see and examine it, the tenor of which, word for word, is as follows:

In the name of God Almighty, Father, Son, and Holy Ghost, three truly separate and distinct persons and only one divine essence. Be it manifest and known to all who shall see this public instrument, that at the village of Tordesillas, on the seventh day of the month of June, in the year of the nativity of our Lord Jesus Christ 1494, in the presence of us, the secretaries, clerks, and notaries public subscribed below, there being present the honorable Don Enrique Enriques, chief steward of the very exalted and very mighty princes, the lord and lady Don Ferdinand and Dona Isabella, by the grace of God king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., Don Gutierre de Cardenas, chief auditor of the said lords, the king and queen, and Doctor Rodrigo Maldonado, all members of the council of the said lords, the king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., their qualified representatives of the one part, and the honorable Ruy de Sousa, lord of Sagres and Berenguel, Dom Juan de Sousa, his son, chief inspector of weights and measures of the very exalted and very excellent lord Dom John, by the grace of God king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, and Ayres de Almada, magistrate of civil cases in his court and member of his desembargo, all of the council of the said lord King of Portugal, and his qualified ambassadors and representatives, as was proved by both the said parties by means of the letters of authorization 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 Ferdinand and Isabella to Don Enrique Enriques, Don Gutierre de Cardenas, and Dr. Rodrigo Maldonado on June 5, 1494; and the full powers granted by John II. to Ruy de Sousa, Joao de Sousa, and Ayres Almada on March 8, 1494.]

“Thereupon it was declared by the above-mentioned representatives of the aforesaid King and Queen of Castile, Leon, Aragon, Sicily, Granada, etc., and of the aforesaid King of Portugal and the Algarves, etc.:

[I.] That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the ocean sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively; therefore, for the sake of peace and concord, and for the preservation of the relationship and love of the said King of Portugal for the said King and Queen of Castile, Aragon, etc., it being the pleasure of their Highnesses, they, their said representatives, acting in their name and by virtue of their powers herein described, covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said ocean sea, from the Arctic to the Antarctic pole. This boundary or line shall be drawn straight, as aforesaid, at a distance of three hundred and seventy leagues west of the Cape Verde Islands, being calculated by degrees, or by any other manner as may be considered the best and readiest, provided the distance shall be no greater than abovesaid. And all lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter, by the said King of Portugal and by his vessels on this side of the said line and bound determined as above, toward the east, in either north or south latitude, on the eastern side of the said bound provided the said bound is not crossed, shall belong to, and remain in the possession of, and pertain forever to, the said King of Portugal and his successors. And all other lands, both islands and mainlands, found or to be found hereafter, discovered or to be discovered hereafter, which have been discovered or shall be discovered by the said King and Queen of Castile, Aragon, etc., and by their vessels, on the western side of the said bound, determined as above, after having passed the said bound toward the west, in either its north or south latitude, shall belong to, and remain in the possession of, and pertain forever to, the said King and Queen of Castile, Leon, etc., and to their successors.

[2.] Item, the said representatives promise and affirm by virtue of the powers aforesaid, that from this date no ships shall be despatched-namely as follows: the said King and Queen of Castile, Leon, Aragon, etc., for this part of the bound, and its eastern side, on this side the said bound, which pertains to the said King of Portugal and the Algarves, etc.; nor the said King of Portugal to the other part of the said bound which pertains to the said King and Queen of Castile, Aragon, etc.-for the purpose of discovering and seeking any mainlands or islands, or for the purpose of trade, barter, or conquest of any kind. But should it come to pass that the said ships of the said King and Queen of Castile, Leon, Aragon, etc., on sailing thus on this side of the said bound, should discover any mainlands or islands in the region pertaining, as abovesaid, to the said King of Portugal, such mainlands or islands shall pertain to and belong forever to the said King of Portugal and his heirs, and their Highnesses shall order them to be surrendered to him immediately. And if the said ships of the said King of Portugal discover any islands and mainlands in the regions of the said King and Queen of Castile, Leon, Aragon, etc., all such lands shall belong to and remain forever in the possession of the said King and Queen of Castile, Leon, Aragon, etc., and their heirs, and the said King of Portugal shall cause such lands to be surrendered immediately.

[3.] Item, in order that the said line or bound of the said division may be made straight and as nearly as possible the said distance of three hundred and seventy leagues west of the Cape Verde Islands, as hereinbefore stated, the said representatives of both the said parties agree and assent that within the ten months immediately following the date of this treaty their said constituent lords shall despatch two or four caravels, namely, one or two by each one of them, a greater or less number, as they may mutually consider necessary. These vessels shall meet at the Grand Canary Island during this time, and each one of the said parties shall send certain persons in them, to wit, pilots, astrologers, sailors, and any others they may deem desirable. But there must be as many on one side as on the other, and certain of the said pilots, astrologers, sailors, and others of those sent by the said King and Queen of Castile, Aragon, etc., and who are experienced, shall embark in the ships of the said King of Portugal and the Algarves; in like manner certain of the said persons sent by the said King of Portugal shall embark in the ship or ships of the said King and Queen of Castile, Aragon, etc.; a like number in each case, so that they may jointly study and examine to better advantage the sea, courses, winds, and the degrees of the sun or of north latitude, and lay out the leagues aforesaid, in order that, in determining the line and boundary, all sent and empowered by both the said parties in the said vessels, shall jointly concur. These said vessels shall continue their course together to the said Cape Verde Islands, from whence they shall lay a direct course to the west, to the distance of the said three hundred and seventy degrees, measured as the said persons shall agree, and measured without prejudice to the said parties. When this point is reached, such point will constitute the place and mark for measuring degrees of the sun or of north latitude either by daily runs measured in leagues, or in any other manner that shall mutually be deemed better. This said line shall be drawn north and south as aforesaid, from the said Arctic pole to the said Antarctic pole. And when this line has been determined as abovesaid, those sent by each of the aforesaid parties, to whom each one of the said parties must delegate his own authority and power, to determine the said mark and bound, shall draw up a writing concerning it and affix thereto their signatures. And when determined by the mutual consent of all of them, this line shall be considered as a perpetual mark and bound, in such wise that the said parties, or either of them, or their future successors, shall be unable to deny it, or erase or remove it, at any time or in any manner whatsoever. And should, perchance, the said line and bound from pole to pole, as aforesaid, intersect any island or mainland, at the first point of such intersection of such island or mainland by the said line, some kind of mark or tower shall be erected, and a succession of similar marks shall be erected in a straight line from such mark or tower, in a line identical with the above-mentioned bound. These marks shall separate those portions of such land belonging to each one of the said parties; and the subjects of the said parties shall not dare, on either side, to enter the territory of the other, by crossing the said mark or bound in such island or mainland.

[4.] Item, inasmuch as the said ships of the said King and Queen of Castile, Leon, Aragon, etc., sailing as before declared, from their kingdoms and seigniories to their said possessions on the other side of the said line, must cross the seas on this side of the line, pertaining to the said King of Portugal, it is therefore concerted and agreed that the said ships of the said King and Queen of Castile, Leon, Aragon, etc., shall, at any time and without any hindrance, sail in either direction, freely, securely, and peacefully, over the said seas of the said King of Portugal, and within the said line. And whenever their Highnesses and their successors wish to do so, and deem it expedient, their said ships may take their courses and routes direct from their kingdoms to any region within their line and bound to which they desire to despatch expeditions of discovery, conquest, and trade. They shall take their courses direct to the desired region and for any purpose desired therein, and shall not leave their course, unless compelled to do so by contrary weather. They shall do this provided that, before crossing the said line, they shall not seize or take possession of anything discovered in his said region by the said King of Portugal; and should their said ships find anything before crossing the said line, as aforesaid, it shall belong to the said King of Portugal, and their Highnesses shall order it surrendered immediately. And since it is possible that the ships and subjects of the said King and Queen of Castile, Leon, etc., or those acting in their name, may discover before the twentieth day of this present month of June, following the date of this treaty, some islands and mainlands within the said line, drawn straight from pole to pole, that is to say, inside the said three hundred and seventy leagues west of the Cape Verde Islands, as aforesaid, it is hereby agreed and determined, in order to remove all doubt, that all such islands and mainlands found and discovered in any manner whatsoever up to the said twentieth day of this said month of June, although found by ships and subjects of the said King and Queen of Castile, Aragon, etc., shall pertain to and remain forever in the possession of the said King of Portugal and the Algarves, and of his successors and kingdoms, provided that they lie within the first two hundred and fifty leagues of the said three hundred and seventy leagues reckoned west of the Cape Verde Islands to the above-mentioned line-in whatsoever part, even to the said poles, of the said two hundred and fifty leagues they may be found, determining a boundary or straight line from pole to pole, where the said two hundred and fifty leagues end. Likewise all the islands and mainlands found and discovered up to the said twentieth day of this present month of June by the ships and subjects of the said King and Queen of Castile, Aragon, etc., or in any other manner, within the other one hundred and twenty leagues that still remain of the said three hundred and seventy leagues where the said bound that is to be drawn from pole to pole, as aforesaid, must be determined, and in whatever part of the said one hundred and twenty leagues, even to the said poles,-they that are found up to the said day shall pertain to and remain forever in the possession of the said King and Queen of Castile, Aragon, etc., and of their successors and kingdoms; just as whatever is or shall be found on the other side of the said three hundred and seventy leagues pertaining to their Highnesses, as aforesaid, is and must be theirs, although the said one hundred and twenty leagues are within the said bound of the said three hundred and seventy leagues pertaining to the said King of Portugal, the Algarves, etc., as aforesaid.

And if, up to the said twentieth day of this said month of June, no lands are discovered by the said ships of their Highnesses within the said one hundred and twenty leagues, and are discovered after the expiration of that time, then they shall pertain to the said King of Portugal as is set forth in the above.

The said Don Enrique Enriques, chief steward, Don Gutierre de Cardenas, chief auditor, and Doctor Rodrigo Maldonado, representatives of the said very exalted and very mighty princes, the lord and lady, the king and queen of Castile, Leon, Aragon, Sicily, Granada, etc., by virtue of their said power, which is incorporated above, and the said Ruy de Sousa, Dom Joao de Sousa, his son, and Arias de Almadana, representatives and ambassadors of the said very exalted and very excellent prince, the lord king of Portugal and of the Algarves on this side and beyond the sea in Africa, lord of Guinea, by virtue of their said power, which is incorporated above, promised, and affirmed, in the name of their said constituents, [saying that they and their successors and kingdoms and lordships, forever and ever, would keep, observe, and fulfill, really and effectively, renouncing all fraud, evasion, deceit, falsehood, and pretense, everything set forth in this treaty, and each part and parcel of it; and they desired and authorized that everything set forth in this said agreement and every part and parcel of it be observed, fulfilled, and performed as everything which is set forth in the treaty of peace concluded and ratified between the said lord and lady, the king and queen of Castile, Aragon, etc., and the lord Dom Alfonso, king of Portugal (may he rest in glory) and the said king, the present ruler of Portugal, his son, then prince in the former year of 1479, must be observed, fulfilled, and performed, and under those same penalties, bonds, securities, and obligations, in accordance with and in the manner set forth in the said treaty of peace. Also they bound themselves [by the promise]that neither the said parties nor any of them nor their successors forever should violate or oppose that which is abovesaid and specified, nor any part or parcel of it, directly or indirectly, or in any other manner at any time, or in any manner whatsoever, premeditated or not premeditated, or that may or can be, under the penalties set forth in the said agreement of the said peace; and whether the fine be paid or not paid, or graciously remitted, that this obligation, agreement, and treaty shall continue in force and remain firm, stable, and valid forever and ever. That thus they will keep, observe, perform, and pay everything, the said representatives, acting in the name of their said constituents, pledged the property, movable and real, patrimonial and fiscal, of each of their respective parties, and of their subjects and vassals, possessed and to be possessed. They renounced all laws and rights of which the said parties or either of them might take advantage to violate or oppose the foregoing or any part of it; and for the greater security and stability of the aforesaid, they swore before God and the Blessed Mary and upon the sign of the Cross, on which they placed their right hands, and upon the words of the Holy Gospels, wheresoever they are written at greatest length, and 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 effectively, renouncing all fraud, evasion, deceit, falsehood, and pretense, and that they will not contradict it at any time or in any manner. And under the same oath they swore not to seek absolution or release from it from our most Holy Father or from any other legate or prelate who could give it to them. And even though, proprio motu, it should be given to them, they will not make use of it; rather, by this present agreement, they, acting in the said name, entreat our most Holy Father that his Holiness be pleased to confirm and approve this said agreement, according to what is set forth therein; and that he order his bulls in regard to it to be issued to the parties or to whichever of the parties may solicit them, with the tenor of this agreement incorporated therein, and that he lay his censures upon those who shall violate or oppose it at any time whatsoever. Likewise, the said representatives, acting in the said names, bound themselves under the same penalty and oath, that within the one hundred days next following, reckoned from the day of the date of this agreement, the parties would mutually exchange the approbation 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; and that the instrument which the said lords, the king and queen of Castile, Aragon, etc., should have to issue, must be signed, agreed to, and sanctioned by the very noble and most illustrious lord, Prince Don Juan, their son. Of all the foregoing they authorized two copies, both of the same tenor exactly, which they signed with their names and executed before the undersigned secretaries and notaries public, one for each party. And whichever copy is produced, it shall be as valid as if both the copies which were made and executed in the said town of Tordesillas, on the said day, month, and year aforesaid, should be produced. The chief deputy, Don Enrique, Ruy de Sousa, Dom Juan de Sousa, Doctor Rodrigo Maldonado, Licentiate Ayres. Witnesses who were present and who saw the said representatives and ambassadors sign their names here and execute the aforesaid, and take the said oath: The deputy Pedro de Leon and the deputy Fernando de Torres, residents of the town of Valladolid, the deputy Fernando de Gamarra, deputy of Zagra and Cenete, contino of the house of the said king and queen, our lords, and Joao Suares de Sequeira, Ruy Leme, and Duarte Pacheco, continos of the house of the said King of Portugal, summoned for that purpose. And I, Fernando Alvarez de Toledo, secretary of the king and queen, our lords, member of their council, and their scrivener of the high court of justice, and notary public in their court and throughout their realms and lordships, witnessed all the aforesaid, together with the said witnesses and with Estevan Vaez, secretary of the said King of Portugal, who by the authority given him by the said king and queen, our lords, to certify to this act in their kingdoms, also witnessed the abovesaid; and at the request and with the authorization of all the said representatives and ambassadors, who in my presence and his here signed their names, I caused this public instrument of agreement to be written. It is written on these six leaves of paper, in entire sheets, written on both sides, together with this leaf, which contains the names of the aforesaid persons and my sign; and the bottom of every page is marked with the notarial mark of my name and that of the said Estevan Vaez. And in witness I here make my sign, which is thus. In testimony of truth: Fernando Alvarez. And I, the said Estevan Vaez (who by the authority given me by the said lords, the king and queen of Castile, and of Leon, to make it public throughout their kingdoms and lordships, together with the said Fernando Alvarez, at the request and summons of the said ambassadors and representatives witnessed everything), in testimony and assurance thereof signed it here with my public sign, which is thus.

The said deed of treaty, agreement, and concord, above incorporated, having been examined and understood by us and by the said Prince Don John, our son, we approve, commend, confirm, execute, and ratify it, and we promise to keep, observe, and fulfill all the abovesaid that is set forth therein, and every part and parcel of it, really and effectively. We renounce all fraud, evasion, falsehood, and pretense, and we shall not violate or oppose it, or any part of it, at any time or in any manner whatsoever. For greater security, we and the said prince Don John, our son, swear before God and Holy Mary, and by the words of the Holy Gospels, wheresoever they are written at greatest length, and upon the sign of the Cross upon which we actually placed our right hands, in the presence of the said Ruy de Sousa, Dom Joao de Sousa, and Licentiate Ayres de Almada, ambassadors and representatives of the said Most Serene King of Portugal, our brother, thus to keep, observe, and fulfill it, and every part and parcel of it, so far as it is incumbent upon us, really and effectively, as is abovesaid, for ourselves and for our heirs and successors, and for our said kingdoms and lordships, and the subjects and natives of them, under the penalties and obligations, bonds and abjurements set forth in the said contract of agreement and concord above written. In attestation and corroboration whereof, we sign our name to this our letter and order it to be sealed with our leaden seal’ hanging by threads of colored silk. Given in the town of Arevalo, on the second day of the month of July, in the year of the nativity of our Lord Jesus Christ, 1494.

I, THE KING. I, THE QUEEN. I, THE PRINCE.

I, FERNANDO ALVAREZ de Toledo, secretary of the king and of the queen, our lords, have caused it to be written by their mandate.

. . . doctor.”

[End]

Ad Exstirpanda (1252) by Pope Innocent IV which authorized the use of torture in inquisitorial proceedings: (Source: San Francisco State Prof. David Renaker’s site < http://userwww.sfsu.edu/~draker/history/Ad_Extirpanda.html >)

“A Proclamation of the Laws and Regulations to be Followed by Magistrates and Secular Officials against Heretics and their Accomplices and Protectors

Innocent, the Bishop, Servant of the Servants of God, to his beloved sons, the heads of state or rulers, ministers and citizens established in the states and districts of Lombardy, Riviera di Romagnola, and Marchia Tervisina, salvation and an apostolic benediction.
To root up from the midst of Christian people the weed {1} of heretical wickedness, which infests the healthy plants more than it formerly did, pouring out licentiousness through the offices of the enemy of mankind in this age the more eagerly (as we address ourselves to the sweated labor of the task assigned us) the more dangerously we overlook the manner in which this weed runs riot among the Catholic growth. {2} Desiring, then, that the sons of the church,and fervent adherents of the orthodox faith, rise up and make their stand against the artificers of this kind of evildoing, we hereby bring forth to be followed by you as by the loyal defenders of the faith, with exact care,these regulations, contained serially in the following document,for the rooting-up of the plague of heresy.
(1)In what we gave to your community in apostolical writings,amounting to regulations that we wrote for your legal codes, never at any time to be repealed, making war according to these regulations against all heresy, which rears its head above this holy church, you have gone forward without stint.{3} However, I have sent a letter to my beloved sons, the Dominican priors, provincials and inquisitors into heretical wickedness in Lombardy, Marchia Tervisina and Riviera di Romagnola, commanding each of you that you compel recalcitrant individuals by your excommunication and countries by your interdict to submit (sc. to the new regulations).

The Laws and Regulations then Are as Follows:

Law 1.
We decree that the head of state, whatever his rank or title, in each dominion, whether he is so situated at present,or to be so in the future, in Lombardy, Riviera di Romagnola, or Marchia Tervisina must unequivocally and unhesitatingly swear that he will inviolably preserve, and during his entire term of office see to it that everybody, both in his diocese or administrative domain and the lands subject to his power, shall observe, both what is written herein, and other regulations and laws both ecclesiastical and civil,that are published against heretical wickedness. And the oaths concerning these precisely-observed regulations and laws are to be accepted by whoever succeeds to the monarchical or gubernatorial dignity. Whoever defaults in this regard shall lose the character of head of state or governor. Heads of state and rulers so acting will lose absolutely all guarantees of non-aggression from other governments. No one is obliged to offer fealty to such persons, or ought to do so, even if, afterwards, they submit by swearing the oath. If any head of state or ruler refuses to obey, each and all, these statutes, or neglects them, besides the stigma of forswearing, and the disaster of eternal infamy, he shall undergo the penalty of seeing his country lose its borders,{4} which penalty shall be imposed on him irrecoverably; the country will be converted to common use,{5}because, specifically, a man forsworn and infamous, and, in effect, a protector of heretics, his faith compromised, has usurped the dignity and honor of governmental power; nor shall another head of state or ruler from anywhere replace him, or in any way, by any means, take to himself the vacated dignity or public office.

Law 2.
(3) At the commencement of his term of office,at the assembly of citizens convoked as is the custom, by the authority of the city or feudal domain, the head of state or ruler of the city or feudal domain shall accuse of criminal conduct all heretics of both sexes, no matter by what name they appear on the rolls of citizens. And he will confirm his right to the office inherited from his predecessor in this manner. And furthermore, that no heretical man or woman may dwell, sojourn, or maintain a bare subsistence in the country,or any kind of jurisdiction or district belonging to it,whoever shall find the heretical man or woman shall boldly seize, with impunity, all his or their goods, and freely carry them off, to belong to the remover with full right, unless this kind of removing is restricted to persons designated by law.

Law 3.
This head of state or ruler, by the third day of his term of office, must appoint twelve upright and Catholic men, and two notaries and two servants,or as many as may be needed,selected by the Diocesan bishop if there is one and he wishes to take part; and two Dominicans and two Franciscans selected for this work by their priors,if the region has religious houses of those orders.

Law 4.
Those who are thus appointed may and should seize the heretical men and women and carry off their possessions and cause these to be carried off by others,and take the heretics,or cause them to be taken, into the custody of the Diocesan bishop or his surrogates, and see to it that these things are fully accomplished as well in the diocese as in its entire jurisdiction and district.

Law 5.
(6)The head of state, or whatever ruler stands foremost in the public esteem,must cause the heretics who have been arrested in this manner to be taken to whatever jurisdiction the Diocesan, or his surrogate,is in, or whatever district, or city,or place the Diocesan bishop wishes to take them to.

Law 6.
(7)The utterances of the aforementioned officials are to be faithfully accepted in every matter that regards their office, specially in the aforementioned oath; arguments tending to the contrary are not allowed, where two, three, or more of those present are such officials.

Law 7.
(8)Moreover, when these officials are chosen, they shall swear to execute faithfully all these laws,and to the best of their ability, to tell nothing but the truth,in all those commitments, which as they belong to their office, they fully carry out.

Law 8.
(9) And both the aforesaid twelve men and their aforesaid servants and notaries, whether acting as a group, or singly, shall,in all that belongs to their office, have full command,backed by the executive and punitive power of the state.

Law 9.
(10) The head of state or ruler is obliged to treat as fixed and unrepealable all precepts which their office shall require them to utter, and to punish those who fail to conform to these precepts.

Law 10.
(11) If the said officials shall at any time receive any damage either in their persons or their goods as a result of the performance of their duties, they shall be saved harmless by means of a full restitution.

Law 11.
(12) Neither these officials, nor their successors, are permitted at any time to reach an agreement about what they are doing, or of what their duties consist, unless this agreement is dictated by the aforesaid Diocesan and religious orders.

Law 12.
(13)The term of office of these officials shall last only six months, which when they have completed,the head of state is obliged to substitute for them according to the prescribed form, an equal number of officials who shall serve the aforesaid term in the same form in the following six-month period.

Law 13.
(14)These officials shall receive out of the state treasury, or that of the district, when they leave them for the purpose of performing these duties, each of them 18 gold coins, which the head of state or ruler is obliged to give them or cause to be given them; if not then, before the third day after their return to the same city or district.

Law 14.
(15) And beyond that they shall seize one-third of the heretics’ property; one-third of the fines to which the heretics shall be sentenced shall go to the lesser officials who must content themselves with this pay.

Law 15.
(16) But they shall not be, in any way, required to perform any other duty or work which interferes with, or might interfere with,this duty.

Law 16.
(17)No legislation, passed or yet to be passed, shall have force to interfere with any of these official functions.

Law 17.
(18)And if one of these officials, through incompetence, sloth, preoccupation with another task,or exceeding of the limits of his authority, is removed from office by the aforesaid Diocesan bishop and religious orders, the head of state or ruler must remove him by their command or word and, according to the prescribed form, substitute another.

Law 18.
(19)If one of these officials, faithlessly and falsely, exceeds the limits of his authority to give aid and comfort to persons in custody on heresy charges, besides everlasting infamy, which, as a protector of heretics, he shall incur,he shall be punished by the head of state or ruler according to the sentence of the aforesaid Diocesan and monastic orders of the place.

Law 19.
(20)When the Diocesan, or his surrogate, or the inquisitors commissioned by the Apostolic See, arrive on their missions, the head of state and his vassals and other assistants will lend aid and will faithfully perform their duty with them. Anyone, moreover, whether he is present in the country or sent for to obtain his assistance there, whether in the state or in its jurisdiction, or any district of any kind, will be bound to give the aforesaid officials and their assistants counsel and help when they are trying to arrest a male or female heretic, or seize such a person’s belongings, or gather evidence; or enter a house, or a manor, or a hideaway to arrest heretics, on pain of paying 25 pounds in Imperials as a penalty or fine on their former loyalty changing, in whatever manner,to dereliction; the government of a city shall pay a hundred pounds, a manorial domain fifty imperials in coin.

Law 20.
(21)Whoever shall have the audacity to arrange the escape from custody of a male or female heretic,or shall try to prevent the arrest of such a person: or shall prevent the entry of an official into any house, or tower, or any place to hinder arrest, or prevent the gathering of evidence concerning such persons, shall have all his goods,according to the law at Padua when Frederick was emperor there,{6} consigned to the state in perpetuity,and the house that was barred against the official shall be levelled with the ground and its rebuilding prohibited, and the belongings found therein shall be awarded to the officials making the arrest; and if the heretics are found as a result of this prohibition or special preventive measure, the borough shall forfeit to the state two hundred pounds; localities both of the boroughs and the state fifty Imperials, unless within three days the would-be liberator or liberators of the heretics are brought before the head of state for a personal interview.

Law 21.
(22) Above all, the head of state or ruler must hold all male and female heretics who shall be arrested from this date,in the custody of Catholic men appointed by the Diocesan if there is one, and the abovementioned monastic orders, in a safe and secure prison set aside for them, in which only they will be held, away from thieves and violators of the secular criminal code, till their cases are decided; expenses to be paid by the state or the administrative district.

Law 22.
(23)If at any time a non-heretical man or woman state that heretics in custody, who have already confessed, are no heretics; or if perhaps the non-heretics demand that the aforesaid fraudulent persons should be released from life imprisonment,though they are nevertheless convicted heretics and must be acknowledged such; the persons who create this snare, accordingly to the aforesaid law shall resign all their property to the state in perpetuity.

Law 23.
(24) The head of state and ruler of whatever kind are especially obliged to present all male and female heretics,under whatever name they are accused,within fifteen days after their arrest,to the Diocesan or his surrogate, or to the inquisitors of heresy,to perform the examination of themselves and their heresies.

Law 24.
Those convicted of heresy by the aforesaid Diocesan Bishop,surrogate or inquisitors, shall be taken in shackles to the head of state or ruler or his special representative, instantly,or at least within five days, and the latter shall apply the regulations promulgated against such persons.[3]

Law 25.
(26)The head of state or ruler must force all the heretics whom he has in custody,[4] provided he does so without killing them or breaking their arms or legs,as actual robbers and murderers of souls and thieves of the sacraments of God and Christian faith, to confess their errors and accuse other heretics whom they know, and specify their motives, {9} and those whom they have seduced, and those who have lodged them and defended them,as thieves and robbers of material goods are made to accuse their accomplices and confess the crimes they have committed.

Law 26.
(27) And the house, in which a male or female heretic shall be discovered, shall be levelled with the ground, never to be rebuilt; unless it is the master of the house who shall have arranged the discovery of the heretics. And if the master of the house owns other houses in the same neighborhood,all of the other houses shall in like manner be destroyed, and the goods that shall be found in the house and the others related to it shall be dispersed to the populace, and shall belong to whoever carries them off, unless the removers shall be appointed by law. Above all, the master of the house,besides incurring eternal infamy, must pay the government or locality fifty pounds Imperial in coin; if unable to pay, he shall suffer life imprisonment. The borough where the heretics are arrested or discovered shall pay the government of the state a hundred pounds;and a manor shall pay fifty,and the regions adjoining manors and states, fifty.

Law 27.
(28)Whoever shall be caught giving any male or female heretic counsel, help, or favor, besides the other punishments mentioned duly in their logical places in other passages of this decree,shall become infamous by that same law, and shall be admitted neither to public office, nor public affairs, nor the election of persons to these, nor may he testify in a legal process; to that extent shall his incapacity to testify go,that he shall neither bequeath legacies to heirs nor inherit them himself. No one shall be compelled to respond to any business dealings initiated by him but he shall be so compelled by others. If he be by chance a judge, his sentence shall prove nothing, nor shall he hear any case. If he be an attorney, his defence in court will never be allowed to prevail. If he be a notary, the legal documents drawn up by him shall be utterly without validity. Those who give ear to the false doctrines of heretics shall be punished like heretics.

Law 28.
(29)The head of state or ruler must cause the names of all men rendered infamous by heresy, or under a statute of outlawry for it, to be written in a consistent form and manner in four books, of which one shall go to the state or local government,another to the Diocesan bishop, the third to the Dominican friars, and the fourth to the Franciscans, and the names of these persons are to be read aloud three times a year in a solemn public ceremony.

Law 29.
(30)The head of state or ruler must carefully investigate the sons and grandsons of heretics and those who have lodged them, defended them, and given them aid,and in the future admit them to no public affairs or public office.

Law 30.
(31) The head of state or ruler must send one of his aides, chosen by the Diocesan if there is one,with the aforesaid inquisitors obtained from the Apostolic See, as often as they shall wish, into the jurisdiction of the state and the district. This aide,as the aforesaid inquisitors shall have determined, will compel three men or more, reliable witnesses,or, if it seem good to them, the whole neighborhood, to testify to the aforesaid inquisitors if they have detected any heretics, or want to expose their motives,{9} whether the heretics celebrate rites in secret gatherings, or scoff at the common life of the faithful, and their customs; or if the witnesses want to expose those the heretics have seduced, or their defenders, or those who lodge them, or those who give the heretics help. The head of state shall proceed against the accused according to the laws of the Emperor Frederick when he governed Padua.

Law 31.
(32)The head of state or ruler must, within ten days after the accusation,complete the following tasks: the destruction of the houses, the imposition of the fines, the consigning and dividing-up of the valuables that have been found or seized, all of which have already been described in this decree. He must obtain all fines in coin within three months, and divide them up in the manner to be set forth hereafter, and convict of crime those who cannot pay, and hold them in prison until they can. However, he shall be subject to investigation for all and each of these things, as it shall be described hereunder, and moreover he must designate one of the assistants, chosen by the Diocesan bishop or his surrogate and the aforesaid inquisitors, to carefully complete all these tasks; another assistant shall be substituted if they so decide.

Law 32.
(33)None of these sentences or punishments imposed on account of heresy, shall,either by the motion of any public gathering, the advice of counselors, or any kind of popular outcry,or the innate humanity {10}of those in authority,be in any way waived or pardoned.

Law 33.
(34)The head of state or ruler must divide up all the property of the heretics that is seized or discovered by the aforesaid officials, and the fines exacted from these heretics, in the form and manner following: one-third shall go to the government of the state or district. The second as a reward of the industry of the office shall go to the officials who handled this particular case. The third shall be deposited in some secure place to be kept by the aforesaid Diocesan bishop and inquisitors,and spent as they shall think fit to promote the faith and extirpate{11} heretics, this policy prevailing in spite of any statute that has been or shall be enacted against this dividing-up of the heretics’property.

Law 34.
(35) If anyone tries to abolish, reduce or change any of these statutes, without particular authority from the Apostolic See, the head of state or ruler presiding at that time over the state or district, must, according to the prescribed form,render him infamous,as a public advocate and patron of heretics, and fine him fifty Imperials in coin,which if the head of state is unable to collect, he shall declare him an outlaw,a brand not to be removed till twice the sum is paid over.

Law 35.
(36)The head of state, or ruler,during the first ten days of his term of office,by employing three faithful Catholic men, chosen for this purpose by the Diocesan bishop, if there is one, and the Dominican and Franciscan friars,must investigate the most recent occupant of his post, and the latter’s aides,concerning everything that is written in these statutes or regulations and laws against heretics and their accomplices, and punish those who have overstepped the bounds of their authority for each and every particular they have neglected to perform,and compel the present government to restore the lost function; nor shall any departure from the regular procedure cause anyone in the government to be exempted from the investigation.

Law 36.
(37)The aforesaid three men shall swear that they have acted in good faith in investigating the previous government concerning everything in these laws and regulations.

Law 37.
(38)In addition,the head of state or ruler of any city or district must delete or erase completely whatever,in any statute or legal code, is found to contradict or hinder, in any way, these regulations,statutes,or laws; and in the beginning and the middle of his term of office,he shall cause these statutes, regulations,and laws to be solemnly read aloud in a public assembly;and even in places outside his jurisdiction or district,they shall be set forth if it seem good to the aforesaid Diocesan, or inquisitors and friars aforementioned.

Law 38.
(39)Finally,all these statutes,regulations,and laws, and whatever shall be enacted at any time by the Apostolic See against heretics and their accomplices, must be written in a consistent format in four books, of which the first shall be deposited in the legal archives of the state,the second with the Diocesan bishop, the third with the Dominicans, the fourth with the Franciscans,all kept with the greatest care, that they may in no way be violated by forgers.
Given at Perusio, 15 May, in the ninth year of our pontificate.


[1] Without innovation or heresy. Not to be confused with the orthodox church, i.e. Russian Orthodox, Greek Orthodox etc.

[2] The Apostolic See is used in the singular to refer to the See of Rome, (the central government of the Roman Catholic Church), referring to the Pope’s status as successor of the Apostle Peter.

[3] i.e. he shall burn them alive

[4] All the male and female heretics the state has in custody must be tortured to make them confess their crimes and reveal their accomplices.

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