Page:European treaties bearing on the history of the United States and its dependencies.djvu/206

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196
Doc. 16. Spain—Portugal

and that they will not violate it, or consent or permit that it, or any part of it, be violated, directly or indirectly, in court or out, for any cause, pretext, or contingency, which may or can be, premeditated or unpremeditated. The said representatives declared in the name of the said lords, their constituents, that they renounced, as in fact they did renounce, all releases, exceptions, and all juridical remedies, benefits, and ordinary and extraordinary councils which are or may be due or rightfully pertain to the said lords, their constituents, and to each one of them, now and at any future time, to annul, revoke, and break this contract, wholly or in part, or to obstruct the effect of it, and in like manner they renounced all the rights, laws, customs, uses, decisions, and opinions of doctors of the law, which could protect them in any manner; and they renounced specifically the laws and rights which declare that a general renunciation is invalid; and as guarantee that they would keep, observe, and fulfill all this, the said representatives pledged all the patrimonial and fiscal possessions belonging to their said constituents and to the crowns of their realms. For greater security, the said representatives declared that they swore, as in fact they did swear forthwith, before me, the said secretary and notary aforesaid, and the undersigned witnesses, in the presence of God and of Holy Mary and upon the sign of the Cross , and upon the Holy Gospels, which they touched with their right hands, in the name and on the consciences of their said constituents, by virtue of the said powers which they had especially for this purpose, that they, jointly and severally, themselves and their successors, will keep and observe this contract and will cause it to be kept and observed forever and ever, as is set forth therein; and that the said lords, their constituents, and each one of them, will confirm, approve, commend, ratify, and authorize anew this agreement and all that is set forth therein, and each part and parcel of it, and that they will promise, bind themselves, and swear to observe and fulfill it, each one of the parties [promising] to do, observe and fulfill, really and in effect, in good faith and without any deception, evasion, or mental reservation whatsoever, that which concerns, is incumbent upon, and appertains to him; and that neither their said constituents nor any of them will ask for himself or for others, absolution, release, dispensation, or commutation of tha said oath, from our Very Holy Father, or from any other person who may have power to give and grant it; and even though he gives it to them proprio motu or in any other way whatsoever, they will not make use of it, but rather, in spite of this, they will keep, observe, and fulfill, and will cause to be kept, observed, and fulfilled, all that is set forth in this said contract, with all the clauses, obligations, penalties, and every part and parcel thereof, as they stand, faithfully and truly, really and effectively, and that each one of the said parties will give and deliver to the other the said approval and ratification of this contract, sworn to, and signed by each one of their said constituents, and sealed with his seal, within the term of the first twenty days following the day when it is dated. In testimony and assurance of this, the said representatives authorized this contract in the foregoing form, before me, the aforesaid secretary and notary, and the undersigned witnesses; and they signed it with their names and they requested me, the said secretary and notary, to give them one, and, if they should need them, many instruments written under my public signature and sign. This was made and authorized in the said city of Saragossa on the day, month, and year abovesaid. Witnesses who were present at the authorization of this said contract, and saw it