Furthermore the right of our ownership and possession was evident
because of our just occupation. At least it could not be denied that we
had based our intention on common law, according to which newly-found
islands and mainlands, belonged to and remain his who occupied and took
possession of them first, especially if taken possession of under the
apostolic authority, to which--or according to the opinion of others,
to the Emperor--it is only conceded to give this power. Since we, the
said authorities, possessed these lands more completely than any other,
and since the fact of our occupation and possession was quite evident,
it followed clearly and conclusively that we ought to be protected
in our rule and possession, and that whenever anyone should desire
anything from us, he must sue us for it; and in such suit must be
the occasion for examining the virtue and strength of the titles,
the priority, and the authority of the occupation alleged by each
party to the suit.

Meanwhile, and until it should be stated legally before one or the
other, and that there ought to be a better right than ours, which we
neither knew nor believed, we would base our intention upon common
law. Therefore we held and possessed Maluco justly, since our title
to acquire dominions therein was and is just and sufficient; and
from common law arose, both then and now, our good faith and just
intention. Our good faith and the justice of our side was apparent by
these and other reasons, by the said treaty in what falls within its
scope, and by common law and common sense in what falls outside it,
or by all jointly. There was no reason or just cause in what the
ambassadors petitioned, as formerly in this matter of possession,
Silveira, ambassador of our brother, the most serene King of Portugal,
the first to come upon this business, had been given thoroughly to
understand. Now inasmuch as my wish has ever been, past and present,
to preserve the relationship existing between the said most serene
King and myself, and in order that the affection and alliance we have
ever had may continue to increase, as is in accordance with our desire
and actions regarding this matter, as well as upon everything most
intimately connected with it, I commanded the members of our Council
to review this question in private, and with care; and I charged
them in the strongest possible manner that upon God and their own
consciences they should declare to me their opinion When