and binding _in toto_ and in every
particular, as is therein contained and declared, excepting those
things which are otherwise covenanted and agreed upon in this contract
In case the said emperor and king of Castilla returns the sum which
according to this contract is to be given in the manner aforesaid,
thus canceling the sale, the said treaties negotiated between the said
Catholic sovereigns Don Fernando and Dona Ysabel and the said King Dom
Joam the Second of Portugal, shall remain in full force and power,
as if this contract were not made; and the said constituents shall
be obliged to comply with it in every respect, as is therein stated.
_Item_: It is covenanted and agreed by the said attorneys that
although the rights and dominion which the said emperor and king
of Castilla claims to possess in the said lands, districts, seas,
and islands and which he sells to the said King of Portugal in the
manner abovesaid are worth more than half of the just price given, and
the said emperor and king of Castilla has certain definite knowledge
through exact information of persons who are experts on the subject,
and who have investigated and ascertained definitely, that said rights
are of much greater value and worth, more than half of the just price
that the said King of Portugal gives to the said emperor and king of
Castilla he is pleased to make him a gift of it, as he does in fact,
which from the said day henceforth shall be valid between the living,
of the said excess in value above the half of the just price, however
great that excess may be. This excess in value above the half of
the just price, the said emperor and king of Castilla relinquishes
for himself and his successors, and disunites the same from the royal
crown of his kingdoms forever, and delivers it entire to the said King
of Portugal, to him and to his successors and crown of his kingdoms,
really and effectually, in the aforesaid manner, and during the time
of this contract.
[The treaty provides further that he who may violate its provisions in
any way, shall lose all his rights therein, and shall in addition pay
a fine of two hundred thousand ducats to the other. The Pope is to be
asked to confirm it by a bull, imposing the penalty of excommunication
for its violation. The deputies promise most fully and under oath
that their respective constituents shall observe all the provisions.]
Papal Bull, _Eximiae_
November 16, 1501
_Source_: See B
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