Treaty between Spain and Portugal concluded at Saragossa, April 17, 1529. Not ratified.
Near the beginning of the year 1527, the Emperor Charles V., urgently needing money, entertained the project of selling, or pawning, to the Portuguese crown, his claim to the Moluccas.1 At about the same time, through the English ambassador in Spain, he attempted to interest Henry VIII. in purchasing the islands.2 As a condition of entering into the contract, the King of Portugal, John III., required it to be approved and authorized by the Cortes of Castile,3 to whom the Emperor had given his word that he would not alienate the Moluccas.4 The Emperor, on the other hand, adduced various reasons to prove that such authorization was unnecessary. It was finally agreed to refer the question of the legal necessity for such approval and authorization to the ten leading lawyers of the Emperor's Royal Council. If the lawyers agreed that the necessity did not exist, the King of Portugal promised to abide by their decision.5
Near the beginning of 1528, when the Emperor was on the eve of war with France and England, he despatched Lope Hurtado as ambassador to Portugal, to procure the assistance of that crown against Spain's enemies.6____________________
"3. Item, conventum, concordatum, et conclusum est, pro majori stabilitate, et firmitate, dicte presentis confederationis et ut omnis rupture ipsius atque dissidii tollatur occasio, quod via amicabili arbitrorum juris per eos et eorum quemlibet elligendorum facient decidi et determinari, controversiam sive diferenciam, quam inter se habent de et super Malach, et Mari parvo, cabo de Ager, juxta et secundum quod in capitulationibus et confederationibus alias initis et conclusis inter prefatos felicis memoriae Ferdinandum et Elisabeth, Catholicos et serenissimum Portugalie reges, cautum et conventum fuit. Et ex nunc compromisserunt ac de alto et basso compromissum fecerunt et convenerunt, ac eorum quilibet in spectabiles [blank for names] tamque arbitros, juris dantes ipsis