seem that the matter could not be concluded in the time named, and the said declaration and demarcation should be determined.  While this was being done, neither he nor I would despatch ships, nor engage in any new undertaking.  This would be without hurt to either one of us, so that, if the demarcation was not determined in the time appointed, each one’s right would remain and continue fully in force.  This expedient, although, it was very prejudicial to our evident and peaceful possession to discontinue it by any compact, and withal a compact made with the side opposing us, the ambassadors would scarcely listen to, declaring that they were not empowered by the King of Portugal to discuss any halfway measures.  And afterwards, although with great urging on our part they consented to write the latter concerning this question (and they say they did write him concerning it), they gave out that the reply received was in the way of a refusal.

And notwithstanding that it was seen and known that they did not wish to abide by the said treaty, nor to adopt a middle course or any reasonable conclusion, another expedient was proposed by certain members of our Council, to whom I committed the matter, namely, that while the court of demarcation was sitting, as aforesaid, each side should have entire liberty to despatch ships, if he so wished.  For by this means the King of Portugal could take no offense, since this expedient was the same for both.  Rather, if any harm resulted, it appeared to be against our right, for of our own free will we permitted them to make expeditions, from which would follow the disturbance of our peaceful and continued possession.  Upon every point, although they were given the choice between the said expedients, they answered as at first maintaining an obstinate silence and asserting that they were not authorized.  Thus by their own decision and choice they left everything to us.

Then because there remained nothing more to attempt, and in order to convince them thoroughly, and that the King of Portugal, our cousin, might know our intention thoroughly, it was proposed to them that since they were not abiding by the treaty upon which they based their pretensions, nor accepted the expedients proposed to them, that they themselves should propose other expedients, so that if they seemed proper (as were those proposed to them), they might be deliberated upon.  To this they answered for the third time that they had no authority to discuss halfway measures, but that Maluco should be surrendered to them.  Seeing that all these compliments and offers of expedients made to them on my part, which were submissions rather than compliments, rather proved a loss than a gain to the negotiations, they were abandoned, and the question remained as at first.  Inform the most serene King of Portugal in regard to these entire proceedings, for it is the truth.  And see that he understands fully my wish, which is as above stated to you; and that I have not failed on my part to do all required by the said treaty, nor to consider any proper and reasonable expedient.  Advise me fully of all that is done in this matter.  Pamplona, December 18, 1523.  I the King. [177] [Countersigned by the secretary Cobos.  Signature of the chancellor and of Carvajal]