[Another letter of the same date as the preceding commands the astrologers and pilots named as deputies to summon to their councils those who, though not named on the commission are there to give their opinion and advice. They are commanded "whenever you assemble among yourselves to consider and discuss regarding this matter, you shall summon the persons above named, and shall discuss and confer with them, and shall listen to their words and opinions, and after having heard all of them, according to this order, you shall determine what you shall reply or plead when you meet with the deputies of the most serene and excellent King of Portugal, my cousin, and you shall always advise me fully of every thing that happens.">[

The King. Licentiates Acuña, of my Council, Pedro Manuel, auditor of Valladolid, and Licentiate Barrientos, of my council of Las Ordenes, our commissaries in the city of Badajoz, investigating the affair of the Spice Islands: I saw your letter, and the records and papers you sent me of what occurred there in regard to the possession of the Maluco islands, at which proceedings you were present; also in what shape affairs are at present, and the manner in which you have managed them. My Council of the Indies has discussed it, and consulted with me regarding it. What you have done seems good, and as was to be expected from your learning and prudence. And inasmuch as I have ordered a full reply to be made in regard to the matters upon which you have consulted me, as you will see by the memorandum accompanying this letter, signed by my grand chancellor, I therefore command and charge you to examine it, and in accordance with it direct affairs, so that, so far as we are concerned, it will be evident that nothing remains to be done for the fulfilment of what we agreed upon. You must accomplish this secretly and in the good manner I expect from you. You shall give a very secret account of everything to the licentiate de Pisa.

I am writing to our deputies—the astrologers and pilots—to place entire confidence in you. You shall discuss with them in the best and most reserved manner possible what pertains to them in accordance with the section of the said memorandum that treats of the demarcation, and in regard to the advices given by Don Hernando on the true understanding of the treaty. Búrgos, May 7, 1524. I the King. By command of his Majesty: Francisco de los Cobos.

The King. Our deputies in the city of Badajoz, who are considering the demarcation: I saw what you wrote me, and am pleased with you. I hold in mind all you say, which is as I expected from you. And inasmuch as I am writing fully to the licentiates Acuña, Pedro Manuel, and Barrientos, our commissaries, who will discuss with you in my behalf what you should know of it; therefore I command and charge you that, placing entire faith and credence in them, you shall execute this as I wish, and that you shall in all this business have the watchfulness I expect from you, so that the said demarcation be established justly and truly. Búrgos, May 7, 1524. I the King. By command of his Majesty: Francisco de los Cobos.

The Treaty of Zaragoza

[This treaty was negotiated at Zaragoza (Saragossa) between the representatives of the Spanish and Portuguese monarchs, and signed by them April 22, 1529. It was ratified the following day by Cárlos I at Lerida, and by João III, at Lisboa (Lisbon), June 20, 1530. The usual letters of authorization precede the treaty proper, the Spanish letter being given at Zaragoza, April 15, 1529, and the Portuguese at Lisboa, October 18, 1528. The Spanish deputies were: Mercurio de Gatinara, count of Gatinara, and grand chancellor; Fray García de Loaysa, [197] bishop of Osma and confessor of the emperor; and Fray García de Padilla, commander-in-chief of the order of Calatrava, [198] all three members of the emperor's council. The Portuguese deputy was the licentiate Antonio de Azevedo coutiño, member of the Portuguese council and the King's ambassador. The treaty follows:]

After said authorizations were presented by the said representatives it was declared that: inasmuch as there existed a doubt between the said Emperor and King of Castilla, etc., and the said King of Portugal, etc., concerning the ownership, possession, and rights, or possession or quasi possession, navigation, and trade of Maluquo and other islands and seas, which each one of the said lords, the emperor and king of Castilla and the King of Portugal declares as his, both by virtue of the treaties made by the most exalted, powerful, and Catholic sovereigns, Don Fernando and Doña Isabel, rulers of Castilla, grandparents of the said emperor and the King, Don Joam the Second of Portugal (may they rest in glory) about the demarcation of the Ocean Sea and by virtue of other rights and privileges which each one of the said emperor and monarchs asserts to belong and pertain to said islands, seas, and lands belonging to him of which he is in possession; and inasmuch as the said emperor and monarchs considering the very close relationship and great affection existing between them, and which, not only should very rightly be preserved, but as far as possible be increased; and in order to free themselves from the doubts, complaints, and disputes that might arise between them, and the many troubles that might ensue among their vassals and subjects and the natives of their kingdoms; the said emperor and monarchs and the said attorneys acting in their names, have covenanted and agreed as to the said doubts and disputes in the following form and manner:

First, the said grand chancellor, the bishop of Osma and the commander-in-chief of Calatrava, attorneys of the said emperor and sovereign of Castilla declared that they, in his name, and by virtue of their said power of attorney would sell and in fact did sell from this day and for all time, to the said King of Portugal, for him and all the successors to the crown of his kingdoms, all right, action, dominion, ownership, and possession or quasi possession, and all rights of navigation, traffic, and trade in any manner whatsoever; that the said emperor and king of Castilla declares that he holds and could hold howsoever and in whatsoever manner in the said Maluquo, the islands, places, lands, and seas, as will be declared hereafter; this, with the declarations, limitations, conditions, and clauses contained and stated hereunder for the sum of three hundred and fifty thousand ducats of gold, paid in the current money, of gold or silver, each ducat being valued in Castilla at three hundred and seventy-five maravedis. The said King of Portugal will give and pay this amount to the said emperor and king of Castilla, and to the persons whom his majesty may appoint, in the following manner: one hundred and fifty thousand ducats to be paid at Lixbona, within the first fifteen or twenty days after this contract, confirmed by the said emperor and king of Castilla, shall have arrived at the city of Lixboa, or wherever the said King of Portugal may be; thirty thousand ducats to be paid in Castilla—twenty thousand at Valhadolid and ten thousand at Sevilla, by the twentieth day of the month of May of this present year; seventy thousand ducats to be paid in Castilla at the May fair of Medina del Campo of this same year, at the terms of the payments of said fair; [199] and the hundred thousand ducats remaining at the October fair at the said town of Medina del Campo of this same year, at the terms of the payment of the same—all to be paid over and above the rate of exchange. If necessary, notes will be given for the said time; and, if said emperor and King of Castilla wishes to take in exchange the said hundred thousand ducats at the said May fair of this said year in order to avail himself of their use, he shall pay the said King of Portugal exchange at the rate of five or six per cent, the rate which his treasurer, Hernand Alvarez, is accustomed to exact from fair to fair. The aforesaid sale is made by the said emperor and king of Castilla to the said King of Portugal on condition that, at whatever time the said emperor and king of Castilla or his successors, should wish to return, and should return, all of the said three hundred and fifty thousand ducats without any shortage to the said King of Portugal or his successors, the said sale becomes null and void and each one of the said sovereigns shall enjoy the right and authority which he now holds and claims to hold, both as regards the right of possession or quasi possession, and as regards the proprietorship, howsoever and in whatever manner they belong to him, as if this contract were not made, and in the manner in which they first held possession and claimed to hold it, and this contract shall cause no prejudice or innovation. Item: It is covenanted and agreed by the said attorneys, in the names of their said constituents, that, in order to ascertain what islands, places, lands, seas, and their rights and jurisdiction, are sold, henceforth and forever, by the said emperor and king of Castilla, by this contract under the aforesaid condition, to the said King of Portugal, a line must be determined from pole to pole, that is to say, from north to south, by a semicircle extending northeast by east nineteen degrees from Maluquo, to which number of degrees correspond almost seventeen degrees on the equinoctial, amounting to two hundred and ninety-seven and one-half leagues east of the islands of Maluquo, allowing seventeen and one-half leagues to an equinoctial degree. In this northeast by east meridian and direction are situated the islands of Las Velas and of Santo Thome, through which the said line and semicircle passes. Since these islands are situated and are distant from Maluquo the said distance, more or less, the deputies determine and agree that the said line be drawn at the said two hundred and ninety-seven and one-half leagues to the east, the equivalent of the nineteen degrees northeast by east from the said islands of Maluquo, as aforesaid. The said deputies declare that, in order to ascertain where the said line should be drawn, two charts of the same tenor be made, conformable to the chart in the India House of Trade at Sevilha, and by which the fleets, vassals and subjects of the said emperor and king of Castilla navigate. Within thirty days from the date of this contract two persons shall be appointed by each side to examine the aforesaid chart and make the two copies aforesaid conformable to it. In them the said line shall be drawn in the manner aforesaid; and they shall be signed by the said sovereigns, and sealed with their seals, so that each one will keep his own chart; and the said line shall remain fixed henceforth at the point and place so designated. This chart shall also designate the spot in which the said vassals of the said emperor and king of Castilla shall situate and locate Maluquo, which during the time of this contract shall be regarded as situated in such place, although in truth it is situated more or less distance eastward from the place that is designated in the said charts. The seventeen degrees eastward shall be drawn from the point where Maluquo is situated in said charts. For the good of this contract the said King of Portugal must have said chart, and in case the aforesaid be not found in the House of Trade of Sevilha, the said persons appointed by the said sovereigns shall make said charts within one month, signed and sealed as aforesaid. Furthermore navigation charts shall be made by them, in which the said line shall be drawn in the manner aforesaid, so that henceforth the said vassals, natives, and subjects of the said emperor and king of Castilla shall navigate by them; and so that the navigators of either pa shall be certain of the location of the said line and of the aforesaid distance of the two hundred and ninety-seven and one-half leagues between the said line and Maluquo.

It is covenanted and agreed by the said deputies that, whenever the said King of Portugal should wish to prove his right to the proprietorship of Maluco, and the lands and seas specified in this contract, and although at that time the said emperor and king of Castilla shall not have returned the price abovesaid, nor the said contract be canceled, it shall be done in the following manner, namely, each one of the said sovereigns shall appoint three astrologers and three pilots or three mariners who are experts in navigation, who shall assemble at a place on the frontier between the kingdoms, where it shall be agreed that they assemble, within four months of the time when the emperor and king of Castilla, or his successors, shall be notified by the said King of Portugal to appoint a day. There they will consult, covenant, and agree upon the manner of ascertaining the right of said proprietorship conformable to said treaty and contract made between the said Catholic sovereigns, Don Fernando and Doña Isabel, and the said King Dom Joam the Second of Portugal. In case the said emperor and king of Castilla be judged to have the right of said proprietorship, such sentence will not be executed nor used until the said emperor and king of Castilla or his successors shall first have actually returned all the said three hundred and fifty thousand ducats, which by virtue of this contract shall have been given. If the right of proprietorship be conceded to the said King of Portugal, the said emperor and king of Castilla or his successors shall be obliged actually to return the said three hundred and fifty thousand ducats to said King of Portugal or his successors within the first four years ensuing after the date of such sentence.

Item: It was covenanted and agreed by said deputies, in the names of their said constituents, that, since this contract of sale shall be valid and hold good henceforth from date, if any spices or drugs of any sort whatever be brought to any ports or parts of the kingdoms and seigniories of either of the said constituents, in charge of the vassals, subjects or natives of the kingdoms of the said emperor and king of Castilla or by any other persons whomsoever who may not be vassals, subjects, or natives of said kingdoms, then the said emperor and king of Castilla in his kingdoms and seigniories, and the said King of Portugal in his, shall be obliged to order and cause, and they shall order and cause, the said spices or drugs to be deposited securely, without him to whose kingdom they have been brought being so notified to do so by the other side; but they shall be deposited in the name of both, in the power of the person or persons whom each one of the said sovereigns shall have ordered to take charge of said deposit in his lands and seigniories. The said sovereigns shall be obliged to order and cause such deposit to be made in the manner abovesaid, whether the said spices or drugs are found in the possession of those who brought them, or in the power of any other person or persons, in whatsoever regions or districts they shall have been found. The said emperor and kings shall be obliged to give notification to this effect henceforth throughout all their kingdoms and seigniories, so that these instructions may be complied with and no one may plead ignorance of them. The said spices or drugs having been taken to any ports or lands that do not belong to either one of said sovereigns, provided they are not those of enemies, either one of them, by virtue of this contract, may require, in the name of both, and without showing any further provision or power of the other to the justice of the kingdoms and seigniories where said drugs or spices happen to be or to have been found, and they may order them to be deposited, and they shall be deposited. In whatsoever ports said drugs or spices are thus found, they will be under embargo and deposited by both until it is known from whese demarcation they were taken. In order to ascertain if the places and lands from which the said spices or drugs are taken and brought, fall within the demarcation and limits which by this contract remain to the said King of Castilla, and if they contain the said spices or drugs, the said emperor and kings shall despatch two or four ships, an equal number being sent by both. In these an equal number of persons from both sides, sworn to fulfil their obligation, will sail to those places and lands whence the said spices or drugs were said to have been taken and brought in order to ascertain and determine within whose demarcation are situated the said lands and places whence the said spices or drugs are said to have been brought. Should it be found that said places and lands are within the demarcation of the said emperor and king of Castilla, that the said spices and drugs exist there in such quantity that they could reasonably be carried away; then the said deposit shall be given up and freely delivered to the said emperor and king of Castilla, without his being obliged to pay any costs, expenses, interests, or any other thing. If, on the other hand, it be discovered that said drugs or spices were taken from the districts and lands belonging to the said King of Portugal, the said deposit shall be ceded and delivered in like manner to the said King of Portugal without his being obliged to pay any costs, expenses, interests, nor anything whatsoever. The persons who thus imported said drugs or spices shall be penalized and punished by the said emperor and king of Castilla or by his justices, as violators of peace and faith, according to law. Each one of the aforesaid, the emperor and king of Castilla and the King of Portugal, shall be obliged to send as many ships and persons as may be required by the other. As soon as the said spices or drugs shall be deposited and placed under embargo in the manner aforesaid, neither the said emperor and king of Castilla, nor his agents, nor any one with his favor or consent, shall go or send to the said land or lands whence were taken the said drugs or spices in this manner. All that is set forth in this section about the deposit of the spices or drugs, shall not be understood to refer to the spices or drugs which may come to any places whatsoever for the said King of Portugal.