The Philippine Islands, 1493-1803 — Volume 01 of 55: 1493-1529; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
History
The Philippine Islands, 1493-1803 — Volume 01 of 55: 1493-1529; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
April 14. On the said bridge. The Portuguese attorneys presented a
notification, asserting that they made no petition; they said that
the King had had possession of Maluco for more than ten years;
therefore Spain ought to ask for and accept the witnesses which,
according to the terms of the treaty of Vitoria, they were prepared
to give as their proofs.
The Spanish attorney gave answer, insisting that the King of
Portugal had moved first in this matter, and therefore should be the
plaintiff. As to the rest he said that the suit was obscure, vague,
and general, insufficient to form a case on possession, and to pass
a sure sentence upon it, let them specify wherein they thought the
treaty was not observed, and let them attempt the fitting remedy and
interdict, and he will answer them.
April 20. In the chapter of the Cathedral church of San Juan at
Badajoz. The attorney for Portugal said that it was not apparent from
the records that his King had moved first in this matter, nor even if
such a thing should be apparent, could it be called a provocation,
because this matter was between those who could not be coerced into
judgment, since they recognized no superior. As to the claim that
their suit was vague, that was no reason why it was not a suit. They
stated clearly that their King had been in possession ten years and
more. Therefore Spain should act as plaintiff.
April 21. Under the same head. The attorney for Spain insisted upon
what he said before, adding only that in regard to this matter being
started by Portugal, they denied what they knew to be so, and such a
thing could be proved quickly. As to Portugal's saying she had been
in possession furnished no reason why Spain should be plaintiff.
April 22. _Ibid._ In a meeting of the judges, the three lawyers of
Portugal gave expression to the following interlocutory opinion: that
each side should make cross-examinations according to law, in order
that they might examine the witness produced by the attorneys. Thus
the latter could offer any writs, proofs, and documents from which
they hoped to gain aid in this case, so that, when everything was
seen and examined, this case and the doubt as to whom the possession
belonged could be determined.
The three Castilian lawyers declared that the petitions of the
Portuguese attorneys had no place, and therefore within three days
they would state and plead their right.
The Portuguese judges said that both informal opinions agreed in
each side pleading its right, but the Castilian judges did not state
in theirs whether they should be by court or by petition, and they
therefore asked them to make such declaration. The Castilian attorney
said that the opinion of his side was clear and there was no occasion
for the suit.
The legal judges for Castilla made the same assertion.
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