[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.
_Item_: It is covenanted and agreed, that, in all the islands, lands,
and seas within the said line, the vessels and people of the said
emperor and king of Castilla or of his subjects, vassals or natives of
his kingdom, or any others (although these latter be not his subjects,
vassals, or natives of his kingdoms) shall not, with or without his
command, consent, favor, and aid, enter, navigate, barter, traffic,
or take on board anything whatsoever that may be in said islands,
lands, or seas. Whosoever shall henceforth violate any of the aforesaid
provisions, or who shall be found within said line, shall be seized by
any captain, captains, or people of the said King of Portugal and shall
be tried, chastised and punished by the said captains, as privateers
and violators of the peace. Should they not be found inside of said
line by the said captains or people of the said King of Portugal and
should come to any port, land, or seigniory whatsoever of the said
emperor and king of Castilla, the said emperor and king of Castilla,
by his justices in that place, shall be obliged and bound to take
and hold them. In the meantime the warrants and examinations proving
their guilt in each of the abovesaid things, shall be sent by the said
King of Portugal, or by his justices, and they shall be punished and
chastised exactly as evil-doers and violators of the peace and faith.
_Item_: It is covenanted and agreed by said deputies that the said
emperor and king of Castilla shall not, personally or through an
agent, send the natives of his kingdoms, his vassals, subjects, or
aliens (and although these latter be not natives of his kingdoms,
or his vassals or subjects), to the said islands, lands, and seas
within said line, nor shall he consent nor give them aid or favor
or permit them to go there, contrary to the form and determination
of this contract. Rather he shall be obliged to forbid, suppress,
and prevent it as much as possible. Should the said emperor and
king of Castilla, personally or through an agent, send natives of
his kingdoms, or his vassals, subjects or aliens (although these
latter be not natives of his kingdoms, or his vassals or subjects),
to the said islands, lands, or seas within the said line or consent
to such a thing, giving them aid, or favor, or permitting them to
go contrary to the form and determination of this contract; and
should he not forbid, suppress, or prevent it, as much as possible,
the said agreement of _retro vedendo_ becomes null and void; and the
said King of Portugal shall no longer be obliged to receive the said
sum, nor to sell back the rights and dominion which the said emperor
and king of Castilla might have therein in any manner whatsoever,
but which he has sold, renounced and delivered to the said King
of Portugal by virtue of this contract, by this very act, the said
sale shall remain complete and valid forever, as if at first it were
made without condition and agreement to sell back. However, since
it may happen that, when the aforesaid subjects, natives, or vassals
of the said emperor and king of Castilla navigating as aforesaid in
the southern seas, should meet with winds so tempestuous or contrary
that they would be constrained by necessity to continue their course
and navigation within the said line, they shall in such case incur no
penalty whatever. On the contrary, when, in such circumstances, they
shall come to and anchor at any land included within the said line,
pertaining by virtue of this contract to the said King of Portugal,
they shall be treated by his subjects, vassals, and inhabitants of
said land as the vassals of his brother, as in the same manner the
emperor and king of Castilla would command the Portuguese subjects to
be treated who should in like manner arrive at ports in his lands of
Nueva España or in any other of his ports. It is understood, however,
that, when such necessity ceases, they shall immediately set sail
and return to their part of the southern seas. Should the aforesaid
subjects cross said line through ignorance, it is herein covenanted and
agreed that they shall incur on that account no penalty whatsoever,
and as long as it is not fully evident that they know themselves to
be within the said line, they shall not turn about and go outside of
it, as is covenanted and agreed in case of entering on account of
tempestuous and contrary winds or necessity. But, when such a fact
is quite evident, if it shall be proved that they have entered the
line maliciously, they shall be punished and dealt with as those
who shall enter the line as aforesaid and as is set forth in this
contract. Should the aforesaid discover any islands or lands, while
navigating within the said line, such islands or lands shall belong
freely and actually to the said King of Portugal and his successors,
as if they were discovered, found, and taken possession of by his own
captains and vassals, at such time. It is covenanted and agreed by said
deputies that the ships and vessels of the said emperor and king of
Castilla and those of his subjects, vassals, and the natives of his
kingdoms, may navigate and pass through the seas of the said King of
Portugal, whence his fleets sail for India, only as much as may be
necessary to take a due course toward the strait of Magalhanes. And
if they violate the abovesaid, and sail farther over the said seas
of the said King of Portugal than is mentioned above, both the said
emperor and king of Castilla, if it is proved that they did it by
his order, countenance, aid, or consent, and those sailing in this
manner and violating the abovesaid, shall incur the above penalties,
in the completeness set forth above in this contract.
_Item_: It was covenanted and agreed that if any of the subjects of
the said emperor and king of Castilla or any others shall henceforth
be seized and found within the said limits above declared, they shall
be imprisoned by any captain, captains, or subjects whatsoever of the
said King of Portugal and shall be tried, chastised, and punished
as privateers, violators, and disturbers of the peace by the said
captains. Should they not be discovered within the said line, and
should afterwards come to any port whatever of the said emperor and
king of Castilla, his majesty and his justices shall be obliged to
seize and imprison them, until the warrants and testimonies sent by the
said King of Portugal, or his justices, shall have been presented. If
proved guilty of the aforesaid offenses they shall be punished and
chastised to the limit as evil-doers and violators of the faith and
peace, and of everything else set forth in this contract in regard to
the crossing of said line by any subjects of the said emperor and king
of Castilla, or any others by his command, consent, favor, or aid. It
is understood that these penalties shall apply from the day when the
subjects and people of the said Emperor now in and navigating those
seas and regions shall be notified. Before such notification they
shall not incur said penalties. It is to be understood, however, that
the aforesaid refers to the people of the fleets of the said Emperor,
which have until now gone to those parts and that no others be sent
without incurring said penalties from the day of the signing of this
contract, and henceforth during the time that the said sale be not
canceled in the aforesaid manner.
_Item_: It was covenanted and agreed by the said deputies that the
said King of Portugal shall not build nor order built for himself,
or any other, any new fortress whatever in Maluco, nor within twenty
leagues of it, nor any nearer Maluco than the line which is to be
drawn according to this contract. It is covenanted unanimously by the
said deputies of both sides that this provision shall take effect,
namely, from the time that the said King of Portugal can send there
a notification to make no new fortress whatever; that is to say, in
the first fleet which shall sail for India from the said kingdom of
Portugal, after this contract shall have been confirmed and approved
by the said constituents, and sealed with their seals. There shall be
no new work whatsoever undertaken on the fortress which is already
built at Maluquo, from the said time henceforth; it shall only be
repaired and kept in the same condition in which it may be at the
aforesaid time, if the said King of Portugal so desires; to the above
he shall swear and promise full compliance.
_Item_: It was covenanted and agreed that the fleets, which heretofore
have been despatched to those regions by the said emperor and king of
Castilla, be well treated in every way, by the said King of Portugal
and his people; and that no embargo or obstacle to their navigation or
traffic be imposed upon them. If there should be any damage, which is
not looked for however, which they shall have received or shall receive
from his captains or people, or shall anything have been seized from
them, the said King of Portugal shall be obliged to give satisfaction,
restore, make good and pay immediately all such damages suffered by
the said emperor and king of Castilla, and his subjects and fleets;
he shall order the offenders to be punished and chastised and he shall
allow the fleets and people of the said emperor and king of Castilla
to come and go as they please, freely without any obstacle whatever.
_Item_: It is covenanted that the said emperor and king of Castilla
command letters and instructions to be given immediately to his
captains and subjects who are in the said islands that they do no more
trading henceforth and return at once, provided that they be allowed
to bring freely whatever goods they shall have already bartered,
traded, and taken on board.
_Item_: It is covenanted, agreed, and provided that in the instructions
and letters relating to this covenant and contract, which are to
be given and despatched by the said emperor and king of Castilla,
it shall declare that this statement, instruction, and contract as
above made is as binding as though it were made and passed in the
general courts, with the express consent of the attorneys thereof;
and to make it valid by his royal and absolute power, which, as king
and natural lord, recognizing no temporal superior, he may exercise and
shall exercise, abrogate, abolish, repeal, and annul the supplication
made by the attorneys of the cities and towns of these kingdoms at
the court held in the city of Toledo, in the past year, five hundred
and twenty-five, concerning the trade of the said islands and lands,
the reply given to it, and any law that was made on this subject in
the said courts or in any others that may conflict with this.
_Item_: It is hereby covenanted that the said King of Portugal promises
to command manifest, sincere, and summary justice to be executed,
because certain subjects of the said emperor and king of Castilla and
other aliens of his kingdoms who entered his service complain that
their possessions have been seized by his House of Trade in India
and in his kingdoms, without any respect to the annoyance caused
them thereby, because they have entered the service and did serve
the said Emperor.
_Item_: It was covenanted and agreed by the said deputies in the
names of their said constituents that the treaties negotiated between
the said Catholic sovereigns, Don Fernando and Doña Ysabel and the
King Dom Joam the Second of Portugal in regard to the demarcation of
the Ocean Sea shall remain valid 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 Doña 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.]