suspicious person and ought
not act as judge. The attorneys asserted strenuously that they would
not assent to anything Alcazaba did, and that their King had written
the Emperor to appoint another in his place.
Nevertheless the judges ordered that he be sworn and he took the oath
with the others. Immediately Doctor Ribera, attorney for Spain, said
that the reasons were trifling, and seemed to have been invented to
delay the case. A copy was given to the attorneys for Portugal and
the day of
April 12. _Ibid_. The latter said that they held their suspicions
justly, and therefore the King had written to the Emperor, etc.
April 20. In the chapter of San Juan, the Cathedral church of
Badajoz. A despatch from the King of Portugal was read, removing
Bernardo Perez from participation in the case, "because of certain
reasons that move us" [could he have been refused by the Emperor
in reply to the refusal of Alcazaba? could the said Perez be a
Spaniard?] and appointing in his place master Margallo. Another
provision of their Majesties was read, removing Simon de Alcazaba,
"because he must occupy himself with matters connected with our
service," and appointing in his stead Master Alcarez; dated Burgos,
April 10, 1524.--Secretary Cobos. Margallo and Alcarez took the oath
and the matter of the demarcation was begun, by the reading of the
treaty of Tordesillas of June 5, 1494, [183] with the confirmation
given to the same at Arevalo, July 2, of the same year; and the
agreement of May 7, 1495, as to the prorogation of the ten months
allowed to the caravels to determine the said demarcation.
April 23. _Ibid_. They began to treat formally of the matter, and
in accordance with what had been discussed before, the attorneys
propounded three questions.
1st. In what manner the demarcation should be determined.
2d. How the islands of Cabo Verde were to be situated and located in
their proper place.
3d. From which of the said islands they should measure the three
hundred and seventy leagues.
The judges for Spain voted that these questions should be examined
in this order.
May 4. In Yelves, in the town hall. The attorneys for Portugal deferred
their voting until this day, and voted that the order of examination
should be in the inverse order. Immediately the deputies for Spain
declared that in order to avoid discussions they made the declaration
of the following writ. In substance this was reduced to saying that
they ough
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