Treaty of Alcaçovas

From Wikisource
Jump to: navigation, search
Treaty of Alcaçovas  (1479) 
The Treaty of Alcaçovas (also known as treaty or Peace of Alcaçovas-Toledo) was signed between the kingdoms of Castile (Castilla) and Portugal in 1479 that put an end to the Castilian civil war begun in 1474 over the succession of the kingdom of Castile. The Treaty of Alcaçovas was an agreement between Portugal and Castile where ownership of the Canary Islands was transferred to Castile in exchange for claims in West Africa.Excerpted from Treaty of Alcaçovas on Wikipedia, the free encyclopedia.

Treaty Between Spain and Portugal, Concluded at Alcacovas, September 4, 1479.[edit]

Ratification by Spain, March 6, 1480. Ratification by Portugal, September 8,1479.

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.

Source[edit]

http://www.yale.edu/lawweb/avalon/modeur/sppo01.htm