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52 the free sea the Portugals that they should only trade with the Indians, by the example of other servitudes it must proceed from some grant either expressed or secret, to wit, from prescription. For otherwise it cannot be. chapter 10 That trading with the Indians is not proper to the Portugals by title of the Pope’s donation No man granted it unless peradventure the Pope, who could not. For no man can grant that which is none of his own. But the Pope, unless he be temporal lord of the whole world (which wise men deny), cannot say that the universal right also of merchandising is in his authority. But chiefly when the thing is wholly applied unto gain and nothing appertaining to the promoting of spiritual things, without which (as all men confess) the Pope’s power ceaseth. Further, if the Pope would give that right only to the Portugals, and would take away the same from other men, he should commit double injury. First, to the Indians who, as they are put out of the Church, were no way subject to the Pope, as we have said. Seeing therefore the Pope could take away nothing from them which was theirs, he could not take away that right which they have of trading with whom they pleased. Next, to all other Christian men and infidels, from whom he could not take that right without cause or their cause not being heard. What, cannot temporal lords indeed in their dominions forbid the liberty of trading, as by reasons and authorities before is declared? So then this likewise is to be confessed, that no authority of the Pope is of force against the perpetual law of nature and nations whence this liberty took beginning, which shall continue forever. ...

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