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
May 4. In Yelves, in the town hall. The attorneys for Portugal replied
that they would receive hurt from the opinion of the Castilian judges,
because the latter claimed wrongly that they were the plaintiffs;
that the two interlocutory decisions of either part were not the
same. And they asserted that to be in accord with justice, and the
treaty, which was in harmony with the opinion of their judges, they
ought to form a court of cross-examination and furnish as proofs to
the attorney for Castilla those things placed before them. And if
they would not do this, then it was evident that the delay in the
case was due to the Castilian judges and attorney.
May 6. _Ibid._ The attorney for Castilla denied that the parties to
the suit could compel the arbitrators to submit to their opinions. He
defended the opinion of his judges; demonstrated that the contrary was
unjust and null and void, because they demand witnesses and proofs to
be received without a suit, debate, or conclusion preceding, a thing
quite contrary to all order in law. He impugned the secret motive that
could provoke the Portuguese judges to their interlocutory opinion,
the apparent meaning of which was to make a summary investigation
concerning the possession in order thereby to clear the way for the
decision of ownership, thus making defendant and plaintiff change
places. This had no place in the proceedings because they could not
prepare the decision in which they did not make investigations. Further
it would be a perversion of the order given by the two sides, both
for petitioner and possessor, and clearly what they would do would be
null and void. For this and other reasons the opinion of the Portuguese
judges had no value. They ought to conform to ours, and not doing so,
it is evident that they are guilty of the time already lost and which
will be lost.
May 7. _Ibid._ The Portuguese attorney shattered at length the reasons
of Ribera with texts from Bartulo [179] and Baldo, and concluded by
saying that the opinion of the Castilian judges was null and void
and wrong, and ought to be rectified. Without doubt this was the
instruction received from the court.
Public-domain text, read in full here on John Shaqi.
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