and present is inferred and based upon this possession.
From the above it follows plainly that, inasmuch as we found and took possession of Maluco, and hold and possess it at present, as is quite evident that we do hold and possess it, if the said most serene King of Portugal, our brother, claims it, as being of his conquest and demarcation, he must petition us for it, and his representations proving correct, he must accept it from us. Herein is the said treaty obeyed to the letter, as the said ambassadors petition, and observed with the good faith alleged by them.
And in case anything has been obtained in Maluco, or any information has been acquired concerning Maluco, or any Portuguese has gone thither, or is there now, for the purpose of trade or barter, or for any other cause—none of which are known or believed to be so—it does not follow nor can it be asserted that Maluco was found by ships of the King of Portugal, as is required by the said treaty, and therefore the foregoing being, in fact, outside the terms of the treaty, we are outside of its jurisdiction and obligation.
Furthermore it was declared in our behalf, that, although Maluco had been discovered by ships of the King of Portugal—a thing by no means evident—it could not, on this account, be made to appear evident, or be said that Maluco had been found by him. Neither was the priority of time, on which he based his claims, proved, nor that it was discovered by his ships; for it was evident, that to find required possession, and that which was not taken or possessed could not be said to be found, although seen or discovered.
Leaving out of consideration the decision of the
