The Philippine Islands, 1493-1803
by
Emma Helen Blair
Part 2 out of 5
and appurtenances of the same wherever they may be found. Moreover we
invest you and your aforementioned heirs and successors with them,
and make, appoint, and depute you owners of them with full and free
power, authority, and jurisdiction of every kind, with this proviso
however, that by this gift, grant, assignment, and investiture of ours
no right conferred on any Christian prince is hereby to be understood
as withdrawn or to be withdrawn. Moreover we command you in virtue of
holy obedience, that, employing all due diligence in the premises,
as you promise--nor do we doubt your compliance therewith to the
best of your loyalty and royal greatness of spirit--you send to the
aforesaid countries and islands worthy, God-fearing, learned, skilled,
and experienced men in order to instruct the aforesaid inhabitants
and dwellers therein in the Catholic faith, and train them in good
morals. Besides, under penalty of excommunication _late sententie_
to be incurred _ipso facto_, [147] should anyone thus contravene, we
strictly forbid all persons of no matter what rank, estate, degree,
order, or condition, to dare, without your special permit or that
of your aforesaid heirs and successors, to go for the sake of trade
or any other purpose whatever to the said islands and countries
discovered and found by your envoys or persons sent thither. And
inasmuch as some kings of Portugal, by similar apostolic grant made
to them, discovered and took possession of islands in the waters
of Africa, Guinea, and the Gold Mine, [148] as well as elsewhere,
far which reason divers privileges, favors, liberties, immunities,
exemptions, and indults were granted to them by this apostolic see,
we through similar accord, authority, knowledge, and fulness of our
apostolic power, by a gift of special favor, do empower you and your
aforesaid heirs and successors, in the islands and countries discovered
and to be discovered by you, to use, employ, and enjoy freely and
legally, as is right, in all things and through all things, the same
as if they had been especially granted to you and your aforesaid
heirs and successors, all and singular these favors, privileges,
exemptions, liberties, faculties, immunities, and indults, whereof
the terms of all we wish understood as being sufficiently expressed
and inserted, the same as if they had been inserted word for word
in these presents. Moreover we similarly extend and enlarge them in
all things and through all things in favor of you and your aforesaid
heirs and successors, the apostolic constitutions and ordinances
as well as all those things that have been granted in the letters
above or other things whatsoever to the contrary notwithstanding. We
trust in him from whom derive empires and governments and everything
good, that with the guidance of the Lord over your deeds, should
you pursue this saintly and praiseworthy undertaking, in a short
while your hardships and endeavors will result in the utmost success
to the happiness and glory of all Christendom. But inasmuch as it
would be difficult to have these present letters sent to all places
where desirable, we wish, and with similar accord and knowledge do
decree that to copies of them, signed by the hand of a notary public
commissioned therefor and sealed with the seal of any ecclesiastical
officer or ecclesiastical court, the same respect is to be shown in
court and outside as well as anywhere else, as would be given to these
presents, should they be exhibited or shown. Let no one, therefore,
infringe, or with rash boldness contravene this our exhortation,
requisition, gift, grant, assignment, investiture, deed, constitution,
deputation, mandate, inhibition, indult, exemption, enlargement,
will, and decree. Should any one presume to do so, be it known to
him that he will incur the wrath of Almighty God, and of the blessed
apostles Peter and Paul. Given in Rome at St. Peter's, on the third
day of May in the year one thousand four hundred and ninety-three,
of the incarnation of our Lord, in the first year of our pontificate.
Gratis by order [of our most holy lord the Pope.]
B. Capotius Coll. A. de Compania
D. Sorrano N. Casanova
Eximiae--May 3
Alexander, etc., to the illustrious sovereigns, our very dear son
in Christ Ferdinand, King, and our very dear daughter in Christ
Elizabeth [Isabella], Queen of Castile, Leon, Aragon and Granada,
health, etc. The sincereness and whole-souled loyalty of your
exalted attachment to ourselves and the church of Rome deserve to
have us grant in your favor those things whereby daily you may the
more easily be enabled to the honor of Almighty God and the spread
of Christian government as well as the exaltation of the Catholic
faith to carry out your saintly and praiseworthy purpose and the
work already undertaken of making search for far-away and unknown
countries and islands. For this very day through our own accord and
certain knowledge, as well as fulness of our apostolic power, we
have given, granted, and assigned forever, as appears more fully in
our letters drawn up therefor, to you and your heirs and successors,
kings of Castile and Leon, all and singular the far-away and unknown
mainlands and islands lying to the west in the Ocean Sea, that have
been discovered or hereafter may be discovered by you or your envoys,
whom you have equipped therefor not without great hardships, dangers,
and expense; providing however these countries be not in the actual
possession of Christian owners. But inasmuch as by this apostolic see
have been granted divers privileges, favors, liberties, immunities,
exemptions, faculties, letters, and indults to some kings of Portugal,
who also by similar apostolic grant and donation in their favor,
have discovered and taken possession of other countries and islands
in the waters of Africa, Guinea, and the Gold Coast, with the desire
to empower by our apostolic authority, as also is right and fitting,
you and your aforesaid heirs and successors with graces, prerogatives,
and favors of no less character; moved also thereto wholly by our own
similar accord, not at your instance nor the petition of any one else
in your favor, but through out own sole liberality as well as the same
knowledge and fulness of our apostolic power, we do by tenor of these
presents, as a gift of special favor, empower you and your aforesaid
heirs and successors to the end that in the islands and countries,
already discovered by you or in your name and to be discovered
hereafter, you may freely and legally, as is proper, use, employ,
and enjoy in all things and through all things exactly the same as
if they had been granted especially to you and your aforesaid heirs
and successors, all and singular the graces, privileges, exemptions,
liberties, faculties, immunities, letters, and indults that have been
granted to the kings of Portugal, the terms whereof we wish to be
understood as sufficiently expressed and inserted, the same as if they
had been inserted word for word in these presents. Moreover we extend
similarly and enlarge these powers in all things and through all things
to you and your aforesaid heirs and successors, to whom in the same
manner and form we grant them forever, the apostolic constitutions
and ordinances as well as all grants of similar kind made by letters
to the kings of Portugal, as well as other things whatsoever to the
contrary notwithstanding. But as it would be difficult to have these
present letters sent to all places where desirable, we wish and with
similar accord and knowledge do decree that to copies of them, signed
by the hand of a public notary commissioned therefor, and sealed with
the seal of any ecclesiastical officer or ecclesiastical court, the
same respect is to be shown in court and outside as well as anywhere
else as would be given to these presents should they be exhibited or
shown. Let no one therefore, etc., infringe, etc., this our indult,
extension, enlargement, grant, will, and decree. Should any one,
etc. Given at Rome at St. Peter's, in the year, etc., one thousand
four hundred and ninety-three, the third day of May, the first year
of our pontificate.
Gratis by order of our most holy lord the Pope.
Jo. Nilis. D Gallettus.
Inter Caetera--May 4
Alexander, etc., to the illustrious sovereigns, our very dear son
in Christ, Ferdinand, King, and our very dear daughter in Christ,
Helisabeth [Isabella], Queen of Castile and Leon, Aragon, Sicily, and
Granada, health, etc. Among other works well pleasing to his divine
Majesty and cherished of our heart, this assuredly ranks highest: that
in our times especially the Catholic faith and the Christian law be
exalted and everywhere increased and spread as well as that the health
of souls be procured, and barbarous nations overthrown and brought
to the faith itself. Wherefore inasmuch as by the favor of divine
clemency, through no fitting merits of ours, we have been raised to
so holy a see as Peter's, recognizing that as true Catholic kings and
princes such as we have always known you to be, and as your illustrious
deeds already known to almost the whole world declare, you not only
eagerly desire but with every effort, zeal, and diligence, without
regard to hardships, expenses, dangers, with the shedding even of your
blood, are laboring to that end; that besides you have already long
ago dedicated to this purpose your whole soul and all your endeavors,
as witnessed in these times with so much glory to the divine name in
your recovery of the kingdom of Granada from the yoke of the Moors,
we therefore not unrighteously hold it as our duty to grant you even
of our own accord and in your favor those things whereby daily and
with heartier effort you may be enabled for the honor of God himself
and the spread of the Christian rule to accomplish your saintly and
praiseworthy purpose so pleasing to immortal God. In sooth we have
learned that according to your purpose long ago you were in quest of
some far-away islands and mainlands not hitherto discovered by others,
to the end that you might bring to the worship of our Redeemer and
the profession of the Catholic faith the inhabitants of them with the
dwellers therein; that hitherto having been earnestly engaged in the
siege and recovery of the kingdom itself of Granada you were unable
to accomplish this saintly and praiseworthy purpose; but at length,
as was pleasing to the Lord, the said kingdom having been regained,
not without the greatest hardships, dangers, and expenses, that with
the wish to fulfil your desire, you chose our beloved son, Christopher
Colon, a man assuredly worthy and of the highest recommendations as
well as furnished with ships and men equipped for like designs, to
make diligent quest for these far-away, unknown mainlands and islands
through the sea, where hitherto no one has sailed; who in fine, with
divine aid, nor without the utmost diligence, sailing in the Ocean
Sea discovered certain very far-away islands and even mainlands that
hitherto had not been discovered by others, wherein dwell very many
peoples living in peace, and, as reported, going unclothed, nor users
of flesh meat; and, as your aforesaid envoys are of opinion, these very
peoples living in the said islands and countries believe in one God,
Creator in heaven, besides being sufficiently ready in appearance to
embrace the Catholic faith and be trained in good morals. Nor is hope
lacking that, were they instructed, the name of the Savior, our Lord
Jesus Christ, would easily be introduced into the said countries and
islands. Besides on one of these aforesaid chief islands the said
Christopher has already had put together and built a well-equipped
fortress, wherein he has stationed as garrison certain Christians,
companions of his, who are to make search for other far-away and
unknown islands and mainlands. In certain islands and countries already
discovered are found gold, spices, and very many other precious things
of divers kinds and species. Wherefore, as becoming to Catholic kings
and princes, after earnest consideration of all matters, especially
of the rise and spread of the Catholic faith, as was the fashion of
your ancestors, kings of renowned memory, you have purposed with the
favor of divine clemency to bring under your sway the said mainlands
and islands with their inhabitants and the dwellers therein, and bring
them to the Catholic faith. Hence in heartiest commendation in the Lord
of this your saintly and praiseworthy purpose, desirous too that it be
duly accomplished in the carrying to those regions of the name of our
Savior, we exhort you very earnestly in the Lord and insist strictly
both through your reception of holy baptism, whereby you are bound
to our apostolic commands, and in the bowels of the mercy of our Lord
Jesus Christ, that, inasmuch as with upright spirit and through zeal
for the true faith you design to equip and despatch this expedition,
you purpose also as is your duty to lead the peoples dwelling in
those islands and countries to embrace the Christian religion; nor
at any time let dangers nor hardships deter you therefrom, with the
stout hope and trust in your hearts that Almighty God will further
your undertakings. Moreover, moved thereunto by our own accord, not
at your instance nor the request of any one else in your regard, but
wholly of our own largess and certain knowledge as well as fulness
of our apostolic power, by the authority of Almighty God conferred
upon us in blessed Peter and of the vicarship of Jesus Christ,
which we hold on earth, in order that with greater readiness and
heartiness you enter upon an undertaking of so lofty a character as
has been entrusted to you by the graciousness of our apostolic favor,
by tenor of these presents should any of said islands have been found
by your envoys and captains, we do give, grant, and assign to you
and your heirs and successors, kings of Castile and Leon, forever,
together with all their dominions, cities, camps, places, and towns,
as well as all rights, jurisdictions, and appurtenances, all islands
and mainlands found and to be found, discovered and to be discovered
towards the west and south, by drawing and establishing a line
from the Arctic pole, namely the north, to the Antarctic pole,
namely the south, no matter whether the said mainlands and islands
are found and to be found in the direction of India or towards any
other quarter, the said line to the west and south to be distant
one hundred leagues from any of the islands commonly known as the
_Azores_ and _Cabo Verde_. With this proviso however that none of
the islands and mainlands found and to be found, discovered and
to be discovered beyond that said line towards the west and south,
be in the actual possession of any Christian king or prince up to
the birthday of our Lord Jesus Christ just past in the present year
one thousand four hundred and ninety-three. Moreover we make, appoint
and depute you and your said heirs and successors owners of them with
full and free power, authority, and jurisdiction of every kind; with
this proviso however that through this gift, grant, and assignment of
ours no right conferred on any Christian prince, who may be in actual
possession of said islands and mainlands up to the said birthday of
our Lord Jesus Christ, is hereby to be considered as withdrawn or to
be withdrawn. Moreover we command you in virtue of holy obedience
that, employing all due diligence in the premises, as you promise,
nor do we doubt your compliance therein to the best of your loyalty
and royal greatness of spirit, you send to the aforesaid main-lands
and islands worthy, God-fearing, learned, skilled, and experienced men,
in order to instruct the aforesaid inhabitants and dwellers therein in
the Catholic faith and train them in good morals. Besides under penalty
of excommunication _late sententie_ to be incurred _ipso facto_, should
any one thus contravene, we strictly forbid all persons of whatsoever
rank, even imperial and royal, or of whatsoever estate, degree, order,
or condition, to dare, without your special permit or that of your
aforesaid heirs and successors, to go, as charged, for the purpose
of trade or any other reason to the islands and mainlands found and
to be found, discovered and to be discovered, towards the west and
south, by drawing and establishing a line from the Arctic pole to the
Antarctic pole, no matter whether the mainlands and islands found and
to be found lie in the direction of India or towards any other quarter
whatsoever, the said line to the west and south to be distant one
hundred leagues from any of the islands commonly known as the _Azores_
and _Cabo Verde_, the apostolic constitutions and ordinances and other
decrees whatsoever to the contrary notwithstanding. We trust in him
from whom derive empires and governments and everything good, that
with his guidance, should you pursue this saintly and praiseworthy
undertaking, in a short while your hardships and endeavors will
result in the utmost success, to the happiness and glory of all
Christendom. But inasmuch as it would be difficult to have these
present letters sent to all places where desirable, we wish, and
with similar accord and knowledge do decree, that to copies of them,
signed by the hand of any public notary commissioned therefor, and
sealed with the seal of any ecclesiastical officer or ecclesiastical
court, the same respect is to be shown in court and outside as well as
anywhere else as would be given to these presents, should they thus be
exhibited or shown. Let no one therefore, etc., infringe, etc., this
our recommendation, gift, grant, assignment, constitution, deputation,
decree, mandate, prohibition, and will. Should any one, etc. Given at
Rome at St. Peter's in the year, etc., one thousand four hundred and
ninety-three, the fourth of May, and the first year of our pontificate.
Gratis by order of our most holy lord the Pope.
D. Gallectus.
For the registrar:
A. de Muciarellis.
Collator, L. Amerinus.
Extension of the Apostolic Grant and Donation of the Indies--September
25
Alexander, Bishop, servant of the servants of God, to the illustrious
sovereigns, his very dear Son in Christ Fernando [Ferdinand], King,
and his very dear Daughter in Christ Isabel, Queen of Castile, Leon,
Aragon, Granada, health and Apostolic benediction. A short while
ago through our own accord, certain knowledge, and fulness of our
Apostolic power, we gave, conveyed, and assigned forever to you and
your heirs and successors, kings of Castile and Leon, all islands
and mainlands whatsoever, discovered and to be discovered towards the
west and south, that were not under the actual temporal rule of any
Christian owner. Moreover, investing therewith you and your aforesaid
heirs and successors, we appointed and deputed you as owners of them
with full and free power, authority, and jurisdiction of every kind,
as more fully appears in our letters given to that effect, the terms
whereof we wish to be understood the same as if they had been inserted
word for word in these presents. But it may happen that your Envoys,
Captains, or vassals, while voyaging towards the west or south might
land and touch in eastern waters and there discover islands and
mainlands that at one time belonged or even yet belong to India.
With the desire then to give you token of our graciousness, through
similar accord, knowledge, and fulness of our power, by tenor of these
presents and our apostolic authority, we do extend and enlarge our
aforesaid gift, grant, assignment, and letters, with all and singular
the clauses contained therein, so as to secure to you all islands and
mainlands whatsoever that are found and to be found, discovered and to
be discovered, are or were or seem to be in the route by sea or land
to the west or south, but are now recognized as being in the waters
of the west or south and east and India Moreover in all and through
all, the same as if in the aforesaid letters full and express mention
had been made thereof, we convey to you and your aforesaid heirs and
successors full and free power through your own authority, exercised
through yourselves or by the action of another or of others, to take
corporal possession of the said islands and countries and to hold them
forever, as well as to defend your right thereto against whomsoever
may seek to prevent it. With this strict prohibition however to all
persons, of no matter what rank, estate, degree, order or condition,
that under penalty of excommunication _latae sententiae_, wherein
such as contravene are to be considered as having fallen _ipso facto_,
no one without your express leave or that of your aforesaid heirs and
successors shall, for no matter what reason or pretense, presume in
any manner to go or send to the aforesaid regions for the purpose of
fishing, or of searching for any islands or mainlands. Notwithstanding
any apostolic constitutions and ordinances or whatsoever gifts, grants,
powers, and assignments of the aforesaid regions, seas, islands and
countries, or any portion of them, may have been made by us or our
predecessors in favor of whatsoever kings, princes, infantes, or
whatsoever other persons, orders or knighthoods, who for any reason
whatever may now be there, even for motives of charity or the faith,
or the ransom of captives. Nor shall it matter how urgent these reasons
may be, even though, based on repealing clauses, they may appear of the
most positive, mandatory, and unusual character; nor even should there
be contained therein sentences, censures, and penalties of any kind
whatever, providing however these have not gone into effect through
actual and real possession; nay even though it may have happened on
occasion that the persons, to whom such gifts and grants were made,
or their envoys, sailed thither through chance. Wherefore should any
such gifts or grants have been made, considering the terms of our
present decree to have been sufficiently expressed and inserted, we
through similar accord, knowledge, and fulness of our power do wholly
revoke the former. Moreover as regards countries and islands not in
actual possession of others, we wish this to be considered as of no
effect, notwithstanding what may appear in the aforesaid letters,
or anything else to the contrary. Given at Rome at St. Peter's, on
the twenty-fifth day of September in the year of the Incarnation of
our Lord one thousand four hundred and ninety-three, the second year
of our pontificate.
The Treaty of Tordesillas
[This treaty was signed by the respective representatives of
the Spanish and Portuguese monarchs, June 7, 1494, at the city of
Tordesillas. Full powers were conferred upon these representatives in
special letters, that of the Catholic sovereigns being given June 5
at Tordesillas, and that of King Dom Joan of Portugal, March 8. The
former sovereigns, as well as their son Don Juan, signed the treaty
in person, at Arevalo, July 2; the King of Portugal, September 5,
at Setubal--each ratifying it fully. The letter given by Ferdinand
and Isabella to their representatives is as follows:]
Don Fernando and Dona Isabel, by the grace of God, King and Queen of
Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia,
Mallorcas, Sevilla, Cerdena, Cordova, Corcega, Murcia, Jahan, Algarbe,
Algezira, Gibraltar, and the Canary Islands; count and countess of
Barcelona; seigniors of Vizcaya and Moljna; duke and duchess of Atenas
and Neopatria; count and countess of Rosellon and Cerdanja; marquis
and marchioness of Oristan and Goceano: Inasmuch as the most serene
King of Portugal, our very dear and beloved brother, sent hither his
ambassadors and representatives [the names and titles follow] for
the purpose of conferring and negotiating a treaty and compact with
us and with our ambassadors and representatives acting in our name,
in regard to the controversy existing between ourselves and the said
most serene King of Portugal, our brother, concerning what lands,
of all those discovered prior to this date, in the Ocean Sea, belong
to ourselves and to him respectively; therefore we, having entire
confidence that you Don Enrrique Enrriques, our chief steward,
Don Guterre de Cardenas, deputy-in-chief of Leon [149] and our
auditor-in-chief, and doctor Rodrigo Maldonado, all members of our
council, are persons who will guard our interests, and that you will
perform thoroughly and faithfully what we order and recommend, by this
present letter delegate to you, specially and fully, all our authority
in as definitive a form as possible, [150] and as is requisite in such
cases, in order that you may, for us and in our name and in those of
our heirs and successors, our kingdoms and seigniories, [151] and the
subjects and natives of them, confer concerning, conclude, ratify, and
contract and determine with the said ambassadors acting in the name
of the most serene King of Portugal, our brother, whatever compact,
contract, bound, demarcation, and covenant regarding the above, by
whatever bounds of the winds, degrees of north latitude and of the
sun, and by whatever parts, divisions, and places of the heavens, sea,
and land, [152] may seem best to you. And we delegate our said power
to you in such manner that you may leave to the said King of Portugal,
and to his kingdoms and successors, all seas, islands, and mainlands
that may be and exist within such bound and demarcation, which shall
be and remain his. [153] And further, we delegate to you the said
power so that in our name, and in those of our heirs and successors,
and of our kingdoms and seigniories, and the subjects and natives of
them, you may affirm, concur in, approve, and arrange with the said
King of Portugal and the said ambassadors and representatives acting
in his name, that all seas, islands, and mainlands that may be and
exist within the bound and demarcation of the coasts, seas, islands,
and mainlands which shall be and remain ours and our successors',
may be ours and belong to our seigniory and conquest, and likewise to
our kingdoms and the successors to the same, with such limitations
and exceptions, [154] and with all other clauses and declarations
that you deem best. [Furthermore we delegate the said powers] so that
you may negotiate, authorize, contract, compact, approve, and accept
in our name, and those of our said heirs and successors, and of all
our kingdoms and seigniories, and the subjects and natives of the
same, whatever covenants, contracts, and instruments of writing, with
whatever bonds, decrees, forms, conditions, obligations, requirements,
penalties, submissions, and renunciations you wish, and as may seem
best to you, regarding all the aforesaid, and every part and parcel
of the same, and every thing pertaining to it, or dependent upon it,
or having even the slightest connection with it. And in regard to
the foregoing you shall have authority to enact and authorize, and
you shall enact and authorize, all and singular, of whatever nature
and quality, weight and importance, they may or can be, although they
may be such as by their terms should require in addition our signature
and especial order, and of which especial and express mention should
be made fully, and which we, in our own proper persons, could enact,
authorize, and approve. Furthermore, we authorize you fully, to swear,
and you shall swear, upon our consciences, that we, our heirs and
successors, subjects, natives, and vassals, now and hereafter shall
keep, observe, and fulfil, and that they shall keep, observe, and
fulfil, really and effectually, all that you thus affirm, covenant,
swear, authorize, and asseverate, without any deceit, fraud, duplicity,
dissembling, or pretense. And in this manner, you shall, in our name,
covenant, asseverate, and promise that we, in our own person, shall
asseverate, swear, promise, authorize, and affirm all that you, in our
name, asseverate, promise, and covenant in regard to the preceding,
within whatever term and space of time you deem best, and that we
shall observe and fulfil this, really and effectually, and under the
conditions, penalties, and obligations contained in the treaty of peace
[155] concluded and ratified between ourselves and the said most serene
King, our brother, and under all other conditions whatsoever promised
and determined upon by you, for all of which we promise, from this
date, to pay the penalty if we violate them. For all the above, and
each part and parcel of it, we grant to you the said authority with
free and general powers of administration, and we promise and affirm
by our kingly faith and word, we, our heirs and successors, to keep,
observe, and fulfil everything, concerning all the aforesaid enacted,
covenanted, sworn, and promised by you, in whatever form and manner;
and we promise faithfully to maintain the same to the uttermost,
now and forever, and neither ourselves nor our heirs and successors
shall violate this compact, or any part of it, by any act of our own,
or our agents, either directly or indirectly, under any pretense or
cause, in judgment or out of it, under the express obligation of all
our possessions, patrimonial and fiscal, and all other possessions
whatsoever of our vassals, subjects, and natives, real and personal,
acquired or to be acquired. In affirmation of the above we have caused
this our letter of authorization to be given, and we sign the same
with our names and order it sealed with our seal.... [Signatures of
the King, Queen, and Royal Secretary.]
[The letter of authorization granted by the King of Portugal
follows. It is couched in much the same terms as the preceding. It
opens as follows:]
Don Juan, by the grace of God, King of Portugal and the Algarbes,
on either side of the sea in Africa, and Seignior of Guinea: To all
who shall see this our letter of authority and powers of attorney, we
proclaim: that inasmuch as certain islands were discovered and found
by command of the most exalted, excellent, and powerful Princes, King
Don Fernando and Queen Dona Ysabel [certain of their dignities follow]
our very dear and beloved brother and sister, and other islands and
mainlands may in future be discovered and found, regarding certain
of which, known already or to be known, there might arise disputes
and controversy between ourselves and our kingdoms and seigniories,
and the subjects and natives of the same, because of our rights
therein--which may our Lord forbid,--it is our desire, because of
the great love and friendship between us, and in order to seek,
procure, and maintain greater peace, and more enduring concord and
tranquillity, that the sea, in which the said islands were and shall
be found, be divided and allotted between us in some good, sure, and
circumscribed manner; and inasmuch as at present we cannot attend to
this in person, and confiding in you, Ruy de Sosa, Seignior of Usagres
[156] and Berenguel, and Don Juan de Sosa, our intendant-in-chief,
and Arias de Almadana, magistrate of civil cases in our court, and
a member of our desenbargo (all members of our council), we grant
you by the present letter our full and complete power and authority
and our special command, and we appoint and constitute you all
jointly, and two of you and one of you _yn soljdun_, [157] in any
manner whatsoever, if the others be prevented, as our ambassadors
and representatives; and we do this in the most definitive form
[158] possible and generally and specifically as is requisite in
such cases,--in such manner that the general is not obscured by the
specific nor the specific by the general. This we do so that, in our
name, and those of our heirs and successors, and of all our kingdoms
and seigniories, and the subjects and natives of the same, you may
confer concerning, conclude, and ratify, and contract and determine
with the said King and Queen of Castilla, our brother and sister,
or with those empowered by the latter, whatever agreement, compact,
limitation, demarcation, and contract regarding the Ocean Sea and the
islands and mainlands contained therein, by whatever directions of
winds and degrees of north latitude, and of the sun, and by whatever
parts, divisions, and places of the heavens, land, and sea [159] you
may deem best. [From this point the language is almost identical with
that in the foregoing letter of authorization. The present letter is
signed by the king and his secretary. The treaty proper follows:]
Thereupon it was declared by the above-mentioned representatives of the
aforesaid King and Queen of Castilla, Leon, Aragon, Secilia, Granada,
etc.; and of the aforesaid King of Portugal and the Algarbes, etc.:
That, whereas a certain controversy exists between the said lords,
their constituents, as to what lands, of all those discovered in
the Ocean Sea up to the present day, the date of this treaty,
pertain to each one of the said parts respectively; therefore,
for the sake of peace and concord, and for the preservation of the
relationship and love of the said King of Portugal for the said King
and Queen of Castilla, Aragon, etc., it being the pleasure of their
Highnesses, they, their said representatives, acting in their name
and by virtue of their powers herein described, covenanted and agreed
that a boundary or straight line be determined and drawn north and
south, from pole to pole, on the said Ocean Sea--from the Arctic
to the Antarctic pole. This boundary, or line [160] shall be drawn
straight, as aforesaid, at a distance of three hundred and seventy
leagues west of the Cabo Verde islands, being calculated by degrees,
or by any other manner, as may be considered the best and readiest,
provided the distance shall be no greater than above said. And all
lands, both islands and mainlands, found and discovered already, or
to be found and discovered hereafter by the said King of Portugal and
by his vessels on this side of the said line and bound determined
as above, toward the east, in either north or south latitude, on
the eastern side of the said bound, provided the said bound is not
crossed, shall belong to, and remain in the possession of, and pertain
forever to the said King of Portugal and his successors. And all other
lands--both islands and mainlands, found or to be found hereafter,
discovered or to be discovered hereafter, which have been discovered
or shall be discovered by the said King and Queen of Castilla, Aragon,
etc., and by their vessels, on the western side of the said bound,
determined as above, after having passed the said bound toward the
west, in either its north or south latitude, shall belong to, and
remain in the possession of, and pertain forever to the said King
and Queen of Castilla, Leon, etc., and to their successors.
_Yten [Item]_: [161] the said representatives promise and affirm by
virtue of the powers aforesaid, that from this date no ships shall be
despatched,--namely as follows: the said King and Queen of Castilla,
Leon, Aragon, etc., for this part of the bound, and its eastern
side, on this side the said bound, which pertains to the said King
of Portugal and the Algarbes, etc.; nor the said King of Portugal
to the other part of the said bound which pertains to the said King
and Queen of Castilla, Aragon, etc.,--for the purpose of discovering
and seeking any mainlands or islands, or for the purpose of trade,
barter, or conquest of any kind. But should it come to pass that the
said ships of the said King and Queen of Castilla, Leon, Aragon, etc.,
on sailing thus on this side of the said bound, should discover any
mainlands or islands in the region pertaining, as above said, to the
said King of Portugal, such mainlands or islands shall pertain to and
belong forever to the said King of Portugal and his heirs, and their
Highnesses shall order them to be surrendered to him immediately. And
if the said ships of the said King of Portugal discover any islands and
mainlands in the regions of the said King and Queen of Castilla, Leon,
Aragon, etc., all such lands shall belong to and remain forever in
the possession of the said King and Queen of Castilla, Leon, Aragon,
etc., and their heirs, and the said King of Portugal shall cause such
lands to be surrendered immediately.
_Yten_: In order that the said line or bound of the said division
may be made straight and as nearly as possible the said distance of
three hundred and seventy leagues west of the Cabo Verde islands, as
hereinbefore stated, the said representatives of both the said parties
agree and assent that within the ten months immediately following the
date of this treaty, their said constituent lords shall despatch two
or four caravels, namely, one or two by each one of them, a greater or
less number, as they may mutually consider necessary. These vessels
shall meet at the island of Grande Canaria [Grand Canary Island]
during this time, and each one of the said parties shall send certain
persons in them, to wit, pilots, astrologers, sailors, and any others
they may deem desirable. But there must be as many on one side as on
the other, and certain of the said pilots, astrologers, sailors, and
others of those sent by the said King and Queen of Castilla, Aragon,
etc., and who are experienced, shall embark in the ships of the said
King of Portugal and the Algarbes; in like manner certain of the
said persons sent by the said King of Portugal shall embark in the
ship or ships of the said King and Queen of Castilla, Aragon, etc.:
a like number in each case, so that they may jointly study and examine
to better advantage the sea, courses, winds, and the degrees of the
sun or of north latitude, [162] and lay out the leagues aforesaid,
in order that, in determining the line and boundary, all sent and
empowered by both the said parties in the said vessels, shall jointly
concur. These said vessels shall continue their course together to
the said Cabo Verde islands, from whence they shall lay a direct
course to the west, to the distance of the said three hundred and
seventy degrees, measured as the said persons shall agree, and measured
without prejudice to the said parts. When this point is reached, such
point will constitute the place and mark for measuring degrees of the
sun or of north latitude either by daily runs measured in leagues,
or in any other manner that shall mutually be deemed better. This
said line shall be drawn north and south as aforesaid, from the said
Arctic pole to the said Antarctic pole. And when this line has been
determined as above said, those sent by each of the aforesaid parties,
to whom each one of the said parties must delegate his own authority
and power, to determine the said mark and bound, shall draw up a
writing concerning it and affix thereto their signatures. And when
determined by the mutual consent of all of them, this line shall be
considered forever as a perpetual mark and bound, in such wise that
the said parties, or either of them, or their future successors,
shall be unable to deny it, or erase or remove it, at any time or in
any manner whatsoever. And should, perchance, the said line and bound
from pole to pole, as aforesaid, intersect any island or mainland,
at the first point of such intersection of such island or mainland
by the said line, some kind of mark or tower shall be erected, and
a succession of similar marks shall be erected in a straight line
from such mark or tower, in a line identical with the above-mentioned
bound. These marks shall separate those portions of such land belonging
to each one of the said parties; and the subjects of the said parties
shall not dare, on either side, to enter the territory of the other,
by crossing the said mark or bound in such island or mainland.
_Yten_: Inasmuch as the said ships of the said King and Queen of
Castilla, Leon, Aragon, etc., sailing as before declared, from their
kingdoms and seigniories to their said possessions on the other
side of the said line, must cross the seas on this side of the line,
pertaining to the said King of Portugal, it is therefore concerted and
agreed that the said ships of the said King and Queen of Castilla,
Leon, Aragon, etc., shall, at any time and without any hindrance,
sail in either direction, freely, securely, and peacefully, over the
said seas of the said King of Portugal, and within the said line. And
whenever their Highnesses and their successors wish to do so, and
deem it expedient, their said ships may take their courses and routes
direct from their kingdoms to any region within their line and bound
to which they desire to despatch expeditions of discovery, conquest,
and trade. They shall take their courses direct to the desired region
and for any purpose desired therein, and shall not leave their course,
unless compelled to do so by contrary weather. They shall do this
provided that, before crossing the said line, they shall not seize or
take possession of anything discovered in his said region by the said
King of Portugal; and should their said ships find anything before
crossing the said line, as aforesaid, it shall belong to the said
King of Portugal, and their Highnesses shall order it surrendered
immediately. And since it is possible that the ships and subjects of
the said King and Queen of Castilla, Leon, etc., or those acting in
their name, may discover within the next twenty days of this present
month of June following the date of this treaty, some islands and
mainlands within the said line, drawn straight from pole to pole,
that is to say, inside the said three hundred and seventy leagues
west of the Cabo Verde islands, as aforesaid, it is hereby agreed
and determined, in order to remove all doubt, that all such islands
and mainlands found and discovered in any manner whatsoever up to the
said twentieth day of this said month of June, although found by ships
and subjects of the said King and Queen of Castylla, Aragon, etc.,
shall pertain to and remain forever in the possession of the said
King of Portugal and the Algarbes, and of his successors and kingdoms,
provided that they lie within the first two hundred and fifty leagues
of the said three hundred and seventy leagues reckoned west of the
Cabo Verde islands to the above-mentioned line,--in whatsoever part,
even to the said poles, of the said two hundred and fifty leagues they
may be found, determining a boundary or straight line from pole, to
pole, where the said two hundred and fifty leagues end. Likewise all
the islands and mainlands found and discovered up to the said twenty
days of this present month of June, by the ships and subjects of the
said King and Queen of Castilla, Aragon, etc., or in any other manner,
within the other one hundred and twenty leagues that still remain of
the said three hundred and seventy leagues where the said bound that
is to be drawn from pole to pole, as aforesaid, must be determined,
and in whatever part of the said one hundred and twenty leagues,
even to the said poles that they are found up to the said day, shall
pertain to and remain forever in the possession of the said King and
Queen of Castilla, Aragon, etc., and of their successors and kingdoms;
just as whatever is or shall be found on the other side of the said
three hundred and seventy leagues pertaining to their Highnesses, as
aforesaid, is and must be theirs, although the said one hundred and
twenty leagues are within the said bound of the said three hundred and
seventy leagues pertaining to the said King of Portugal, the Algarbes,
etc., as aforesaid. [163]
And if, up to the said twentieth day of this said month of June,
no lands are discovered by the said ships of their Highnesses within
the said one hundred and twenty leagues, and are discovered after the
expiration of that time, then they shall pertain to the said King of
Portugal as is set forth in the above.
[The faithful observance by the respective sovereigns, of every
point of this treaty is provided for in the fullest of terms by the
commissioners, by virtue of the powers delegated to them; and this is
sworn "before God, the Blessed Mary, and on the sign of the Cross." The
instrument must receive also the sanction of the Pope, who will be
asked to confirm the same by means of a bull in which the agreements
of the treaty will be given. [164] The commissioners bind themselves
under the foregoing oaths and penalties that, "within the one hundred
days immediately following the date of this treaty, they will mutually
exchange approbations and ratifications of the said treaty, written
on parchment, and signed with the names of their said constituents,
and sealed with their seals." Don Juan, heir to the Spanish crown,
shall sign the instrument as well as Ferdinand and Isabella, and the
whole shall be witnessed in proper manner.]
Note on Correspondence of Jaime Ferrer
[For lack of space, certain documents to and by Jaime Ferrer,
regarding the line of demarcation, cannot be included in this
series. These documents--a letter from the Cardinal Despanya,
Archbishop of Toledo, Don Pedro de Mendoza, Barcelona, August 26,
1493; a letter from Ferrer to the Catholic sovereigns, Barcelona,
January 27, 1495; Ferrer's opinion regarding the treaty of Tordesillas
(undated, but probably in 1495); and a letter from the Catholic
sovereigns, Madrid, February 28, 1495,--will be found in Navarrete,
_Coll. de viages_, tomo ii, edition 1825, pp. 97-110; edition 1858,
pp. 111-117, part of num. lxviii; and a translation of all but the
first in Dawson's _Lines of Demarcation_ (printed in _Translations
of the Royal Society of Canada_, 1899-1900, second series, vol. v,
sec. ii, pp. 541-544,--also printed separately). Navarrete states
that these documents, were printed in Barcelona in 1545, in a now
rare book compiled by Ferrer under the title _Sentencias catholicas
del Divi poeta Dant_. In the first letter, signed "El Cardenal,"
Ferrer's presence is requested in Barcelona; he is to take with him
his mappamundo and all his cosmographical instruments.]
Compact Between the Catholic Sovereigns and the King of Portugal,
Regarding the Demarcation and Division of the Ocean Sea
Don Fernando and Dona Isabel, by the grace of God, King and Queen
of Castilla, etc.: Inasmuch as, among other things in the treaty and
compact regarding the division of the Ocean Sea, negotiated between
ourselves and the most Serene King of Portugal and the Algarbes
on either side of the sea in Africa, and Seignior of Guinea, our
most dear and beloved brother, it was agreed and covenanted that,
within the first ten months following the date of this treaty,
our caravels and his, accompanied by astrologers, pilots, sailors,
and others, agreed upon by ourselves and himself,--a like number on
either side--shall be in the island of La Gran Canaria, in order to
proceed to the determination and drawing of the divisional line of
the said sea--which must be three hundred and seventy leagues west
of the Cabo Verde islands, in a straight north and south line from
the Arctic to the Antarctic pole, as covenanted between us by the
said treaty of the division of the said sea, as is more fully set
forth therein;--and inasmuch as we now consider that the line of
the said division at the distance of the said three hundred and
seventy leagues can be determined and calculated better, if the
said astrologers, pilots, sailors, and others, come to a definite
conclusion and agreement regarding the manner and order of procedure
to be observed in the determination and marking of the said line,
before the sailing of the said caravels, by so doing avoiding disputes
and controversies that might arise regarding it among those going,
if these had to be arranged after the departure; and inasmuch as it
would be quite useless for the said caravels and persons to go before
knowing that any island or mainland had been found in each one of the
said parts of the said sea, and to which they must proceed immediately
and orderly: Now therefore, in order that all this may be done to
better advantage, and with the full and free consent of both sides,
we agree and by this present letter consent that the said astrologers,
pilots, sailors, and others determined upon with the said King, our
brother--a like number on either side, and of sufficient number for
this matter--must assemble and they shall assemble along any part of
the frontier of these our Kingdoms and the Kingdom of Portugal. During
the whole month of July first following the date of this letter these
men shall consult upon, covenant concerning, and determine the manner
of making the said divisional line of the said sea at the distance
of the said three hundred and seventy leagues west of the said Cabo
Verde islands, by means of a straight north and south line from the
Arctic to the Antarctic Pole, as is set forth in the said treaty. And
whatever they determine upon, unanimously, and whatever is concluded
and marked out by them, shall be approved and confirmed through our
letters-patent, by us and by the said King, our brother. And if after
the said astrologers, pilots, and sailors, appointed as above said,
shall have arrived at a conclusion, each one of the said parties
going to that part of the said sea, according to the permission of
the said treaty, and thereby observing the contents of said treaty,
any island or mainland shall be found hereafter, which either of
the parties consider to be so situated that the said line can be
determined in accordance with the stipulations of the said treaty,
and the one party shall cause notification to be given the other
party that they shall cause the line abovesaid to be marked out,
we and the said King, our brother, shall be obliged to have the
said line determined and marked out, in accordance with the method
determined upon by the astrologers, pilots, and sailors, and others
abovesaid, and appointed as abovesaid, within the period of the first
ten months reckoned from the date that either of the parties notified
the other. And should it prove that the land thus found is not cut
by the said line, a declaration of its distance from the said line
shall be given, both on our own part and that of the said most serene
King, our brother. They shall not, However, neglect to make the said
declaration regarding any island or mainland which shall be found
afterwards, during the period, nearer the said line. And in doing the
aforesaid, they shall not neglect to observe the manner aforesaid,
whenever any island or mainland is found in the neighborhood of the
said line as aforesaid, and up to the said time of the said ten months
after the notification of one party by the other, as aforesaid. It is
our pleasure in this our letter to postpone and defer the departure
of the said caravels and persons, notwithstanding the limit set and
determined in the above-mentioned treaty in regard to it. And we
therefore are pleased and consider it advantageous--for the better
notification and declaration of the division of the said sea made
by the said treaty between ourselves and the said King, our brother;
and in order that both our subjects and natives and the subjects and
natives of the said King our brother may be better informed henceforth
as to the regions wherein they may navigate and discover,--to order
(as in truth we shall order), under severe penalties, that the line of
the said division be placed on all hydrographical maps made hereafter
in our kingdoms and seigniories by those journeying in the said Ocean
Sea. This line shall be drawn straight from the said Arctic to the
said Antarctic pole, north and south, at the distance of the said
three hundred and seventy leagues west of the Cabo Verde islands,
as aforesaid, being measured as determined unanimously by the
said astrologers, pilots, and sailors meeting as abovesaid. And we
purpose and stipulate that neither this present letter nor anything
contained herein, be prejudicial in any manner to the contents and
compacts of the said treaty, but rather that they, all and singular,
be observed throughout _in toto_ without any failure, and in the
manner and entirety set forth in the said treaty; inasmuch as we
have caused the present letter to be made in this manner, simply
in order that the said astrologers and persons shall assemble and,
within the said time, shall determine the order of procedure and the
method to be observed in making the said line of demarcation, and in
order to postpone and defer the departure of the said caravels and
persons, until the said island or mainland, whither they must go,
is known to have been found in each one of the said parts, and in
order to command that the line of the said division be placed on the
said hydrographical maps,--all of which is set forth most fully in
the above. We promise and asseverate on our kingly faith and word,
to fulfil and observe all of the foregoing, without any artifice,
deceit, or pretense in the manner and in the entirety set down in
the above. And in confirmation of the above, we cause this our letter
to be given, signed with our names, and sealed with our leaden seal
hanging from threads of colored silk.
[Dated at Madrid, April 15, 1495. [165] Signatures of the King and
Queen, and the Royal Secretary.]
Bull, _Praecelsae_, of Leo X
_November_ 3, 1514
[This bull, called _Precelse denotionis_, confirms and extends
certain bulls of Leo X's predecessors, Nicholas V and Sixtus IV,
reciting the bulls so confirmed and extended--two of the former and
one of the latter. In the first bull, _Dum diversas_, authority is
granted to King Alfonso V of Portugal to make war upon the infidels,
to conquer their lands, and to reduce them to slavery. It concedes also
plenary indulgence for their sins to all taking part in the expeditions
against the Moors, or aiding the expeditions with gifts. [166] Its
date is June 18, 1452. The second bull is dated January 8, 1454, and
is called _Romanus Pontifex._ In it Nicholas "after reviewing with
praise the zeal of Prince Henry in making discoveries and his desire
to find a route to southern and eastern shores even to the Indians,
granted to King Alfonso all that had been or should be discovered
south of Cape Bojador and Cape Non toward Guinea and 'ultra versus
illam meridionalem plagam' as a perpetual possession." [167] The third
bull, the _Eterni Regis_ of June 21, 1481, confirms that of Nicholas
V. It "granted to the Portuguese Order of Jesus Christ [168] spiritual
jurisdiction in all lands acquired from Cape Bojador 'ad Indos.'" This
bull also contained and sanctioned the treaty of 1480 between Spain
and Portugal, by which the exclusive right of navigating and of making
discoveries along the coast of Africa, with the possession of all
the known islands of the Atlantic except the Canaries, was solemnly
conceded to Portugal. [169] After thus reciting these bulls ("of our
own accord ... approve, renew, and confirm the aforesaid instruments"
[170]) Pope Leo extends and amplifies them in the following words:]
And for added assurance, we do by virtue of the authority and tenor
of the above instruments, concede anew, [to the King of Portugal]
everything, all and singular, contained in the aforesaid instruments,
as well as all other empires, kingdoms, principalities, duchies,
provinces, lands, cities, towns, forts, dominions, islands, ports,
seas, coasts, and all possessions whatsoever, real or personal,
wherever they may be, and all uninhabited places whatsoever, recovered,
found, discovered, and acquired from the above-mentioned infidels
by the said King Emmanuel and his predecessors, or to be hereafter
recovered, acquired, found and discovered, by the said King Emmanuel
and his successors--both from Capes Bogiador and Naon [171] to the
Indies and any district whatsoever, wherever situated, even although
at present unknown to us. And likewise we do extend and amplify the
instruments above-mentioned and everything, all and singular contained
therein, as aforesaid, and in virtue of holy obedience, under penalty
of our [wrath,] we do, by the authority and tenor of the foregoing,
forbid all faithful Christians, whomsoever, even although possessing
imperial, regal, or any other dignity whatsoever, from hindering, in
any manner, King Emmanuel and his successors in the aforesaid, and from
presuming to lend assistance, counsel, or favor to the infidels. [The
Archbishop of Lisboa and the Bishops of Guarda and Funchal are ordered
to see that the provisions of this bull are observed. [172]]
Instructions from the King of Spain to His Ambassadors in the
Negotiations with Portugal
[In this document, written in Valladolid, February 4, 1523, and
signed by the king and the chancellor and countersigned by the king's
secretary Cobos, the king lays down the following points:]
First, that the course of action mapped out for you, our said
notary-in-chief Barroso, in answer to your letter reporting your
conversation with the duke of Berganza regarding this treaty, seemed
then, and seems still right and proper; since by this course we
declare in effect our purpose and wish to fulfil _in toto_ toward
the said most serene King, the treaty concerning the division and
demarcation of the seas, negotiated between the Catholic sovereigns--my
lords and grandparents--and King Don Juan of Portugal. I order you,
likewise, to ascertain briefly what regions lie within the right of
our conquest, and where are the limits of our demarcation, and those
of the said most serene King of Portugal. And you shall ascertain in
what manner restitution of whatever I may have appropriated of his
possessions, with the profit accruing therefrom, may be made to the
said most serene King, the latter making to our Royal crown the same
restitution of whatever he may have appropriated, with all profits
and revenues arising therefrom.
That we believe the reason for the refusal of the said most serene
King to accept the expedients proposed, and for his recent reply to us,
transmitted through you, the said notary-in-chief Barroso, was due to
his not being informed thoroughly in regard to the said expedients, and
of our past and present intention and wish to fulfil strictly in every
point the said treaty; and to preserve and augment, by fair dealing on
our part, our relations with, and love toward, the said most serene
King. For these reasons we beseech him earnestly that he have the
said expedients examined; that he treat and confer concerning them,
singly and collectively; and that he inform us of whatever in them,
singly or collectively, seems wrong or prejudicial to his rights--in
order that we, through our great affection for him and our desire for
its increase, may have his objections examined and discussed before
our royal person by the members of our Council. This done we shall
order what is unjust to be remedied, and the said most serene King,
shall, in no wise, receive any hurt, in what by right pertains to him.
[The king orders further that his ambassadors confer discreetly and
prudently with the Portuguese king and others, and advise him promptly
as to the outcome, that he may take the proper steps. He continues:]
In case that you are unable to prevail upon the said most serene
King to reexamine the said expedients, and if he declares that
he has seen them already, and that he has informed us, through
you, the said notary-in-chief Barroso, of his dissatisfaction
regarding them,--although without stating in detail his causes for
dissatisfaction--and that he proposed now that we each send two
caravels to determine the said demarcation, in the meantime neither
himself nor myself despatching our fleets to Maluco, you shall reply
in this manner: that whatever pertains to the sending of the said
caravels to determine the said demarcation is in perfect accord with
our desires, and we are quite well satisfied with the proposal, since
such a procedure is in keeping with the said treaty, which will in
this manner, be fulfilled so far as we are concerned. And you shall
confer briefly with him and with those he shall appoint concerning
the method of procedure--the tons burdens of the said caravels;
the astrologers, cosmographers, notaries, pilots, and others who
shall embark in each vessel; in what manner they shall be armed; and
for what time victualed and provisioned. You shall stipulate that a
certain number of our subjects shall embark in his caravels, and a
like number of his subjects in ours, who shall all be designated by
name, in order that the determination and measurements might proceed
with more fairness and justice. Also all documents, both measurements
and proofs, made for the verification of the above, shall be made
in presence of the notaries sent in the said caravels by each of
us. They shall be made before those notaries in such manner that one
notary shall be present always for each one of us, and two others
shall sign the said documents, which without such signatures shall
be invalid. And you shall confer upon all other desirable topics, in
order that the voyage be fair to us both, and the demarcation be made
in accordance to the said treaty, and that those sailing in the said
caravels have desire only to ascertain and declare the truth. Before
concluding anything discussed and treated by you, you shall first
advise us. But as regards saying that, during the time taken in fixing
upon the said demarcation, neither of us shall send his fleets to the
Maluco Islands, you shall reply to the said most serene King that,
as he may see clearly, it is neither just nor reasonable to ask this
of me, for the agreement and treaty neither prohibits nor forbids of
it, and to do this would be to the detriment of my rightful and civil
possession in the said Maluco Islands, and in the other islands and
mainlands which will be discovered by my fleets during this time of
fixing upon the said demarcation. He is aware that I am received and
obeyed as king and lord of those Maluco Islands, and that those who,
until the present, held possession of these regions, have rendered me
obedience as king and rightful seignior, and have been, in my name,
appointed as my governors and lieutenants over the said regions. He
knows, too, that my subjects, with much of the merchandise carried
by my fleet, are at the present time in these regions. For these
reasons it is not reasonable to ask that I discontinue my possession
of these districts during the time of determining the demarcation,
especially since the said most serene King has never held possession,
past or present, of any of the said Maluco Islands, or of any others
discovered by me up to the present; nor has his fleet touched at or
anchored therein.
You shall say to him that, inasmuch as I have not asked that he
discontinue to hold his possessions in Malaca and other regions
discovered by him, although I have been assured on many different
occasions by many different persons of learning and judgment--a
number of whom are natives of the Kingdom of Portugal--that these
regions pertain to me and to my crown, being, as these men declare,
within the limits of our demarcation, he will recognize quite fully
the injustice of asking me to discontinue sending my fleets to Maluco
and other regions where I am in civil and rightful possession, and
am obeyed and regarded as legitimate seignior, as aforesaid.
Should the said most serene King propose to you that it would be a
fair expedient to us both that, during the time of determining the
demarcation, since we claim that Malaca and many other islands where he
carries on trade lie within the limits of our demarcation and pertain
to us, he will desist from despatching his vessels and fleets to those
regions, provided that I do the same as regards whatever of the Maluco
and other islands discovered by me in those regions, and claimed by
him as lying within his demarcation; or should he propose any other
expedient or innovation not in this present writing, you shall make
answer that such expedient is new, and that we have no knowledge of
it. On this account you shall request that he allow you to consult
with us. After this discussion you shall advise me of the matter.
[The instructions conclude by urging the ambassadors to proceed
prudently, and to impress the Portuguese monarch with the
affection felt toward him by Carlos, and the latter's desire for
its continuance. The ambassadors are to act in complete harmony
with one another, and to carry on negotiations jointly at all times,
one never presuming to act without the other's full knowledge. Exact
reports must be submitted by them, in order that their king may give
definite instructions.]
Letter of Carlos I of Spain to Juan de Zuniga--1523
The King: Juan de Zuniga, knight of the order of Santiago, [173]
my servant. I have not hitherto written you of transactions in
the negotiations respecting Maluco, to which the most serene and
illustrious King of Portugal, my very dear and beloved cousin, sent
his ambassadors, as I believed that, our right being so apparent,
the treaty would be kept with us, or at least some good method of
settlement would be adopted. This the ambassadors have not cared to do,
although on our part we have done everything absolutely possible--much
more than is usual between princes or relatives. I speak of this
because my steadfast wish to preserve forever the kinship and love
existing in the past and present between the most serene King and
myself has been made manifest by my deeds. I am exceedingly sorry
to find that this has been not only of no advantage, but rather,
because of the meager results obtained, a disadvantage. And on this
account the said ambassadors are returning without having come to any
conclusion. By them I write to the said most serene King as you will
observe in the copy of the letter enclosed herein. [174] Now because
you should be informed of the transactions at this discussion,--both
that you might, in our behalf, give a full account thereof to the
said most serene King, and that you might discuss the same there
[in Lisbon] wherever convenient,--I have determined to put you in
possession of the facts in this letter, which are as follows. As
soon as the said ambassadors had arrived, and after the letters from
the most serene King had been presented to me, and their embassy
stated by virtue of our faith in these letters, they requested me to
appoint persons with whom they might discuss the questions upon which
they were to mediate for their sovereign. I did this immediately,
appointing for this purpose certain members of my Council whom I,
considered the best informed for that particular negotiation, and men
of straightforward principles. These men, in company with the aforesaid
ambassadors, examined the treaty presented by the latter, which seemed
to have been drawn up and authorized by the Catholic King and Queen,
my grandparents, and by King Don Manuel, his [King Joao III] father,
of blessed memory. They listened to all the ambassadors had to say,
and all together conferred regarding and discussed the questions many
times. Afterwards, inasmuch as the said ambassadors besought me to give
them a hearing, I did so, the above-named and others of my Council,
whom I had summoned for that purpose, being present.
The result of their proposition was to present the said treaty to me
and petition that I order the observance thereof, and in consequence
thereof, have Maluco surrendered immediately to the said most serene
King of Portugal. This they said we were bound to do, by virtue of
the said treaty, which contained, they declared, a section whose
tenor is as follows. [175]
In this manner they continued to assert that since Maluco had been
found by the King of Portugal, we were bound to make petition for and
accept it from him, if we claimed it as lying within the bounds of our
demarcation, and not to take possession of it by our own authority;
and that the King of Portugal being assured of our contention, which
they neither denied nor mistrusted might prove correct, was quite
prepared to surrender it to us immediately, according to the terms
of the said treaty, of which, in the said name, he wished to make
use, and they petitioned that we observe the same. And therefore,
as being a matter in which all negotiations and conferences were in
good faith, both because of the prominence of those engaged in them,
and because of the relationship between them, they declared that they
had no wish to profit by any other right or allegation, but only to
petition that the contents of the said treaty be kept to the letter.
Certain members of our Council, being informed of the matter made
answer that my wish and intention had ever been, and still was, to
observe the said treaty, and not to violate it in any manner (as in
truth is and has ever been so). When this treaty should be examined and
understood in the true light of reason, it would be found to be in our
favor; and our intention was clearly founded upon it; and especially
were we acting in good faith, according to the declaration of the
said ambassadors that it was only necessary to examine the tenor of
the said treaty and abide by its contents. Furthermore, in the same
section, upon which they, in the name of the said most serene King of
Portugal, based their contentions, would be found also the declaration,
that if the Castilian ships should find any mainland or island in the
Ocean Sea, which the said most serene King of Portugal should claim
or allege to have been found within the limits of his demarcation,
we were bound to surrender it to him immediately; and he could not
be ignorant, nor could he claim ignorance of this, since it was all
together in one and the same section. Therefore it was quite evident,
since Maluco had been and was found by Castilian and not Portuguese
ships, as they declared, that we, according to the terms of the same
treaty, held it lawfully, at least in the time taken in arriving at
and concluding the true determination of demarcation; and the most
serene King of Portugal, when he wished anything, must petition for,
and ask it from us, and it being found to be in his demarcation,
must accept it from us. All the above they said in my name; asserting
that whenever it should appear to be as above stated, we should carry
into effect and fulfil immediately everything according to the said
treaty. They said that Maluco had been found and occupied first,
as must be admitted, by our ships--a fact well known everywhere,
as we believe you are aware--inasmuch as nothing else was ever heard
or known. The present declaration of the ambassadors was a complete
innovation, at which, and reasonably, we must express surprise, since
the fact was so well known that no one could pretend ignorance of it.
And, in proof thereof (to continue the above), our present possession,
which had been public and without any opposition by the said most
serene King of Portugal, was sufficient. And this possession of ours
had been continued with his knowledge, suffrance, and good grace,
and had been likewise known and suffered by the most serene King Don
Manuel, his father. It was now a cause for surprise, that, in an affair
of such moment, after such a long interval, and after two generations
had consented to it, the effort of obstruction and hindrance should
be made, as if it were a matter that had just arisen. It was declared
that whoever heard of it, believed it to be more for the purpose of
vexing and annoying us at this time, seeing our necessities and our so
just employment against the tyrants of Christendom, [176] than for the
purpose of obtaining justice. For until the present we would have been
able to have been advised of it, and to have informed ourselves, and
therefore we, on our part, possessed the good faith in the observance
and understanding of the said treaty, alleged by the said ambassadors.
Further, it could not be denied that Maluco had been found and taken
possession of first by us, a fact supposed and proved by our peaceful
and uninterrupted possession of it until now; and the contrary not
being proved legally, our intention in the past and present is inferred
and based upon this possession.
From the above it follows plainly that, inasmuch as we found and
took possession of Maluco, and hold and possess it at present, as is
quite evident that we do hold and possess it, if the said most serene
King of Portugal, our brother, claims it, as being of his conquest
and demarcation, he must petition us for it, and his representations
proving correct, he must accept it from us. Herein is the said treaty
obeyed to the letter, as the said ambassadors petition, and observed
with the good faith alleged by them.
And in case anything has been obtained in Maluco, or any information
has been acquired concerning Maluco, or any Portuguese has gone
thither, or is there now, for the purpose of trade or barter,
or for any other cause--none of which are known or believed to be
so--it does not follow nor can it be asserted that Maluco was found
by ships of the King of Portugal, as is required by the said treaty,
and therefore the foregoing being, in fact, outside the terms of the
treaty, we are outside of its jurisdiction and obligation.
Furthermore it was declared in our behalf, that, although Maluco had
been discovered by ships of the King of Portugal--a thing by no means
evident--it could not, on this account, be made to appear evident, or
be said that Maluco had been found by him. Neither was the priority of
time, on which he based his claims, proved, nor that it was discovered
by his ships; for it was evident, that to find required possession,
and that which was not taken or possessed could not be said to be
found, although seen or discovered.
Leaving out of consideration the decision of the law, even the
general opinion which was on my side and which comprehends and binds
by virtue of common sense those who recognize no superior, and which
all of us were and are bound to follow, pointed to the same thing,
and it was proved clearly by the said treaty on which we both founded
our pretensions, without any necessity arising of dragging _ab extra_
any other right or allegation; because if he who found land, found
it in the other's demarcation, he was bound to surrender it to him,
according to the terms of the said treaty, it is evident, and follows
plainly, that he who found the land must first hold and possess it,
because not holding it he could not surrender it to the other, who
petitioned him for it, on the grounds that it had been found within
his demarcation. If any thing else should be declared, it was in
violation of the terms of the said treaty, which must be understood
and fulfilled effectually.
From the above it followed clearly that the finding of which the said
treaty speaks, must be understood and is understood effectually. It is
expedient to know, by taking and possessing it, that which is found;
and consequently the most serene King of Portugal, nor his ships,
can, in no manner, be spoken of as having found Maluco at any time,
since he did not take possession of it at all, nor holds it now, nor
has it in his possession in order that he may surrender it according
to the stipulations of the said treaty.
And by this same reasoning it appeared that Maluco was found by us and
by our ships, since possession of it was taken and made in our name,
holding it and possessing it, as now we hold and possess it, and having
power to surrender it, if supplication is made to us. It appearing
to fall within the demarcation of the most serene King of Portugal,
it follows from this, that supplication must be made to us by him,
and if it is found to lie within his demarcation, he must receive it
from us, and not we from him, in accordance with the said treaty,
which being understood to the letter, as the ambassadors petition,
thus proves and determines the question.
It was especially declared that we, in this reasoning, made no request
of the King of Portugal. And inasmuch as we were the defendant we
neither wished to, nor ought we to have any desire to assume the
duties of the plaintiff, because if the King wished anything from
us for which he should petition us, we were quite ready to fulfil in
entire good faith all the obligations of the said treaty.
Furthermore it was declared that, supposing--which is not at all
true--that the King of Portugal had found Maluco first, and that he
should claim that we should restore it to him, asserting that he had
been despoiled of it by our having taken possession of it on our own
authority, when we should have petitioned and received it from him;
or alleging that we did not disturb or trouble him in the possession
of what he does not have, nor ever had in his possession, it was quite
clear that the case was not comprehended in the said treaty. Neither
was it provided for nor determined in the treaty, which was not to
be extended, nor did extend to more than was expressly mentioned and
set down therein, which it did determine. Rather this appeared to be
a new case, omitted and unprovided for by the treaty, which must be
determined and decided by common sense or common law.
Accordingly, since this matter was outside of the said treaty, we
were not bound by the treaty, nor in any other manner to leave our
right unexamined, nor was it either reasonable or proper to restore
immediately in order to have to petition later, thus making ourselves,
contrary to all ideas of equity and good faith, original criminal,
prosecutor, or plaintiff; especially as it would be impossible or very
difficult to recover what we should restore. For this very reason even
the restitution of what was well known to be stolen was deferred by
law, until the case of ownership was decided.
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 it had been
examined and discussed again thoroughly, all these members agreed,
_nemine discrepante,_ that, from everything observed up to the present,
we held Maluco rightly. Now because, as you will understand, since
all the members of my Council say the same thing, I ought to believe
them, and it would neither be honest nor reasonable to disregard their
opinion, especially in a matter upon which I acting alone could not
nor can be well informed, I commanded that, according to the above,
their opinion would be the answer to the said ambassadors, giving
them to understand thoroughly the causes and reasons abovesaid,
and others, which although clear and evident, the ambassadors would
not accept. Rather they continued to persist that Maluco ought to
be surrendered to them. They said they had information that Maluco
had been found by the King of Portugal, and by his ships. But that
information being unauthorized and in the same the witnesses being
subjects of the King of Portugal, (you see how much advantage, honor,
and increase it is to this nation to succeed in this undertaking),
and it being a thing beyond the bounds of reason, and a matter of no
credence or damage, we did not permit examination of it; for even
though the evidence should prove damaging to the King of Portugal,
he could not be compelled to abide by it, as it had not been presented
in a regular court of law, nor sufficiently empowered by him. It was a
departure from the principal matter of negotiation. And then too the
said ambassadors, although other information better than their own
was offered on my part, would not accept it, nor would they abide by
it. Although, as you see, I ought not to depart from the said treaty,
which was the only petition made me by the said ambassadors, they not
wishing to stick to the truth, persisted obstinately in so doing,
and then it was sufficient to have satisfied themselves as to its
full observance.
But paying no heed to this, nor to the harm ensuing to us in
persuading them, on account of my great affection to my cousin, the
said most serene King of Portugal, and those causes already declared,
proposals were made to the said ambassadors in my behalf, to wit,
that it be considered immediately by the court of demarcation, and
for this persons be appointed in accordance with the said treaty and
the prorogation of it, and within a convenient period, which would
not lengthen greatly the business in hand, nor be so short that it
would 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]
Treaty Between the Emperor and the King of Portugal Concerning the
Limits and Possession of Maluco
[This treaty was negotiated in the city of Vitoria, being signed
February 19, 1524. The negotiators acting for Spain were the following:
Mercurinus de Gatinara, Grand Chancellor of his Majesty; Hernando
de Vega, Commander-in-chief in Castile of the order of Santiago;
Garcia de Padilla, Commander-in-chief of Calatrava; and Doctor
Lorenzo Galindez de Carvajal: "all members of the Council of the most
exalted and powerful Princes, Don Carlos, by the divine clemency
Emperor ever august, and King of the Romans, and Dona Juana, his
mother, and the same Don Carlos, her son, by the grace of God King
and Queen of Castilla, Leon, Aragon, the two Sicilas, Jerusalen,
etc." Those acting for the Portuguese monarch were Pero Correa de
Atubia, seignior of the city of Velas, and Doctor Juan de Faria,
"both members of the Council of the most exalted and excellent Lord,
Don Juan, by the grace of God, King of Portugal, of the Algarbes
on this side of the sea and in Africa, seignior of Guinea, and of
the conquest, navigation, and commerce of Ethiopia, Arabia, Persia,
India, etc." The respective monarchs delegated full powers to these
representatives to negotiate, in their names, this treaty, in which
the ownership of Maluco was to be determined. The Spanish letter of
authorization was signed in Vitoria, January 25, 1524. (Navarrete omits
the Portuguese letter of authorization.) The treaty proper follows:]
Thereupon the said Representatives of the said King and Queen of
Castilla, ... etc., and of the said King of Portugal, ... etc., said:
That, inasmuch as some doubt exists, between the said Lords, their
constituents as to the possession and ownership of Maluco, each one
claiming that it falls within the bounds of his demarcation--which
must be determined in accordance with the terms of the compact and
treaty negotiated between the Catholic Sovereigns Don Hernando and
Queen Dona Isabel, King and Queen of Castilla, ... etc., and the most
exalted and excellent King, Don Joan, King of Portugal, ... etc.,
(may they rest in peace),--therefore they, jointly and severally, in
the said names, and by virtue of the said powers, incorporated above,
for the sake of peace and concord, and for the preservation of the
relationship and affection between their constituents, authorize,
consent to, and ratify the following:
First, there shall be appointed by each one of the parties to this
treaty three astrologers, and three pilots and sailors, for the
determination of the demarcation, which must be made according to
the terms of the said treaty. These men must assemble, and they shall
assemble, by the end of the month of March first following, or before
that time if possible, at the boundary line of Castilla and Portugal,
between the cities of Badajoz and Yelbes; in order that by the end
of the month of May next following, of this present year, they may
determine, in accordance with the terms of the said treaty, the said
demarcation--taking a solemn oath as soon as they have assembled,
and before attending to anything else, in the form prescribed by law
and before two notaries (one for each side) with public declaration
and testimony, swearing in the presence of God and the blessed Mary,
and upon the words of the four holy Gospels, upon which they shall
place their hands, that, laying aside all love and fear, hate,
passion, or any interest, and with regard only to securing justice,
they will examine the rights of the two parties involved.
Likewise three lawyers shall be appointed by each side, who, within
the same period, and at the same place, and after having taken the
said oath with all the solemn forms and in the manner abovesaid,
shall inquire into the possession of Maluco, and receiving the
proofs, documents, treaties, witnesses, and rights that shall have
been presented before them, shall determine the possession, doing
everything that seems necessary for making the said declaration, just
as they would do in court. Of the three above-mentioned lawyers, he
who is named first in the commission shall take charge of assembling
all the other deputies of his side, in order that greater care may
be exercised in the negotiations.
Further, during the said period and up to the end of the said month
of May, next following, neither of the parties to this treaty shall
despatch expeditions to Maluco, for purposes of trade or barter. But
if, before the end of the said period the question of possession or
ownership shall be determined, then the side, in whose favor the right
of each of the said questions is declared, may despatch expeditions and
may barter. And in case the question of ownership and demarcation is
determined, then that of possession shall be understood to be decided
and absorbed. If only the question of possession is determined by the
said lawyers, without their being able to determine that of ownership,
as aforesaid, then what still remains to be determined of the said
ownership, and likewise of the possession of the said Maluco, shall,
in accordance with the terms of the said treaty, remain in the same
condition as before this present compact. All of the above must and
shall be investigated without any prejudice to the rights of ownership
and possession of either side, in accordance with the said treaty.
But if, before the conclusion of the said period, it shall appear
to the lawyers first named in the commissions, as aforesaid, that
the settlement can, in all probability, be concluded and determined
with some further continuation of the time set, as above said; or if
another good way or manner of procedure, by which this matter could be
determined better under one head or another, to wit, that of possession
or that of ownership, should offer itself to them, the two lawyers,
as aforesaid, may, in either of these cases, prolong, for so long
a time as seems convenient to them, the brief determination of the
matter. During the period of the said continuation, these lawyers, and
all the other deputies, each one in his own capacity, may investigate
and ascertain, and they shall investigate and ascertain, just as if
this extension of time were within the principal period named in their
commission. But the said time shall be understood to be continued
under the same conditions and obligations as hereinbefore stated.
And all the actions taken in this case shall be signed by the two
notaries appointed in his name by each of the parties to this treaty,
as aforesaid. Each notary shall write the actions taken by his side,
and the other, after having confirmed and collated them, shall
sign them.
_Iten_ [_Item_]: each one of the sides must obtain the ratification
and confirmation of these articles from their said constituents,
within the twenty days first ensuing.
[The strict observance of the above is promised in the fullest of
terms by the representatives of the two sovereigns, in the names of
their respective constituents. The oath is taken in the usual way,
"before God, and the blessed Mary, and on the sign of the Cross,
upon which they placed their right hands, and upon the words of the
four holy Gospels, wheresoever they are written most completely, and
on the consciences of their said constituents, that they, jointly
and severally, shall keep, observe, and fulfil all the above, and
every part and parcel of it, really and effectually, casting out
all deceit, fraud, and pretense; and they shall, at no time, nor in
any manner, contradict it; and under the said oath they swore not to
seek absolution from our most Holy Father, or from any other legate
or prelate who may give it them, and even if it be given them, of
his own accord, they shall make no use of it." Within twenty days of
the date of the treaty, the respective representatives must exchange
confirmations written on parchment and signed with the names and
sealed with the hanging leaden seals of their constituents. The
signatures affixed to the treaty are: Francisco de Valenzuela,
secretary and knight of the order of Santiago; Pedro de Salazar,
captain of their Majesties; Pedro de Ysasago, Contino [178] of their
Majesties; Gregorio Casgas, Alvaro Mexia, and Sebastian Fernandez,
servants of the said ambassador Pedro Correa de Arubia; Juan de Samano;
and those of the negotiators.]
The Junta of Badajoz
Extract from the Records of the Possession and Ownership of the
Moluccas
_Record of Possession_
April 11. On the bridge over the river Caya, situated on the boundary
line between Castilla and Portugal the twenty-three deputies exhibited
their authorizations. This first day passed in reading the treaty of
Vitoria, negotiated February 19, 1524, and the letter of commission of
the nine judges for Spain; the recall of Esteban Gomez, who _does not
understand why he should take part in negotiations for our service_,
and the appointment in his place of Fray Tomas Duran under date of
Burgos March 20, 1524; the appointment of the nine Portuguese judges;
the appointment of one attorney for Spain, and two attorneys for
Portugal; and a secretary for Spain, and the same for Portugal.
II They took the solemn oath to act in the sight of God and
conscientiously.
III The judges ordered the attorneys of either side to state their
side of the case, and to proceed with the matter.
IV The attorneys disputed as to who should act as plaintiff. Each
one wished the other to act in this capacity. The Spanish attorney
asserted that this affair was at the instance of Portugal, and that
the ambassadors had been sent for this purpose by that country. The
Portuguese attorney asserted that there was nothing upon the matter
in the treaty, as was well known to Spain. In this wise passed the day.
April 14. On the said bridge. The Portuguese attorneys presented a
notification, asserting that they made no petition; they said that
the King had had possession of Maluco for more than ten years;
therefore Spain ought to ask for and accept the witnesses which,
according to the terms of the treaty of Vitoria, they were prepared
to give as their proofs.
The Spanish attorney gave answer, insisting that the King of
Portugal had moved first in this matter, and therefore should be the
plaintiff. As to the rest he said that the suit was obscure, vague,
and general, insufficient to form a case on possession, and to pass
a sure sentence upon it, let them specify wherein they thought the
treaty was not observed, and let them attempt the fitting remedy and
interdict, and he will answer them.
April 20. In the chapter of the Cathedral church of San Juan at
Badajoz. The attorney for Portugal said that it was not apparent from
the records that his King had moved first in this matter, nor even if
such a thing should be apparent, could it be called a provocation,
because this matter was between those who could not be coerced into
judgment, since they recognized no superior. As to the claim that
their suit was vague, that was no reason why it was not a suit. They
stated clearly that their King had been in possession ten years and
more. Therefore Spain should act as plaintiff.
April 21. Under the same head. The attorney for Spain insisted upon
what he said before, adding only that in regard to this matter being
started by Portugal, they denied what they knew to be so, and such a
thing could be proved quickly. As to Portugal's saying she had been
in possession furnished no reason why Spain should be plaintiff.
April 22. _Ibid._ In a meeting of the judges, the three lawyers of
Portugal gave expression to the following interlocutory opinion: that
each side should make cross-examinations according to law, in order
that they might examine the witness produced by the attorneys. Thus
the latter could offer any writs, proofs, and documents from which
they hoped to gain aid in this case, so that, when everything was
seen and examined, this case and the doubt as to whom the possession
belonged could be determined.
The three Castilian lawyers declared that the petitions of the
Portuguese attorneys had no place, and therefore within three days
they would state and plead their right.
The Portuguese judges said that both informal opinions agreed in
each side pleading its right, but the Castilian judges did not state
in theirs whether they should be by court or by petition, and they
therefore asked them to make such declaration. The Castilian attorney
said that the opinion of his side was clear and there was no occasion
for the suit.
The legal judges for Castilla made the same assertion.
May 4. In Yelves, in the town hall. The attorneys for Portugal replied
that they would receive hurt from the opinion of the Castilian judges,
because the latter claimed wrongly that they were the plaintiffs;
that the two interlocutory decisions of either part were not the
same. And they asserted that to be in accord with justice, and the
treaty, which was in harmony with the opinion of their judges, they
ought to form a court of cross-examination and furnish as proofs to
the attorney for Castilla those things placed before them. And if
they would not do this, then it was evident that the delay in the
case was due to the Castilian judges and attorney.
May 6. _Ibid._ The attorney for Castilla denied that the parties to
the suit could compel the arbitrators to submit to their opinions. He
defended the opinion of his judges; demonstrated that the contrary was
unjust and null and void, because they demand witnesses and proofs to
be received without a suit, debate, or conclusion preceding, a thing
quite contrary to all order in law. He impugned the secret motive that
could provoke the Portuguese judges to their interlocutory opinion,
the apparent meaning of which was to make a summary investigation
concerning the possession in order thereby to clear the way for the
decision of ownership, thus making defendant and plaintiff change
places. This had no place in the proceedings because they could not
prepare the decision in which they did not make investigations. Further
it would be a perversion of the order given by the two sides, both
for petitioner and possessor, and clearly what they would do would be
null and void. For this and other reasons the opinion of the Portuguese
judges had no value. They ought to conform to ours, and not doing so,
it is evident that they are guilty of the time already lost and which
will be lost.
May 7. _Ibid._ The Portuguese attorney shattered at length the reasons
of Ribera with texts from Bartulo [179] and Baldo, and concluded by
saying that the opinion of the Castilian judges was null and void
and wrong, and ought to be rectified. Without doubt this was the
instruction received from the court.
May 13. At Badajoz, in the council house of the said town. The
attorneys for Portugal petitioned that the reply of the attorney for
Castilla should not be read, because it should have been presented in
the junta before the twelfth. There was a dispute on this point, but
it was read. It contradicted the other side, and insisted on the same
thing as before. At the end it threw the blame for the delay on the
Portuguese deputies, inasmuch as they would not come to an agreement
with the intention of their Majesties that the cases be determined
in the time allotted. The same day, _ibid._ In the afternoon meeting
Ribera said that the onslaught of the Portuguese deputies on the
preceding afternoon had been expected, and it was understood that
today was the first meeting at which he ought to speak. Therefore he
asked that the petition which precedes be admitted and be placed on
record. This was ordered.
May 18. _Ibid._ In the afternoon the vote of the Portuguese judges
taken the morning of the same day was made public, namely, that they
clung to their opinion, and threw the blame for the delay on the
opposite side.
May 19. The vote of the Castilian judges was made public. It was
to the same effect. They added that the judges of Portugal should
consider whether they could find any expedient or legal form,
whereby the remaining time should not be lost, without prejudice to
their declaration. The Portuguese judges asserted the answer given
at Yelves, whereupon Ribera presented a petition, setting forth the
intention of their Majesties, and throwing the blame on the other
side for not having even commenced the case by wishing for proof
without suit or foundation.
May 23. In Yelves, in the town hall. The attorneys for Portugal said
that, with regard to the fault of the others who would not make use
of the remedies provided by law in such cases, they found no other
expedient except the one they had set forth in their interlocutory
opinion.
May 24. _Ibid._ The judges for Portugal declared they had a letter
from their King, in which he told them that the Emperor was writing
to his deputies to agree to resolve themselves into courts for
cross-examination and to continue the time. In the afternoon the judges
for Spain answered that they were ready for any good expedient and
method whereby this negotiation could be brought to a speedy close,
in accordance with their Majesties' wish. Those of Portugal replied
that they did not answer whether they had such a letter from the
Emperor, and if there was any delay, they were to blame.
May 25. _Ibid_. In the morning the judges for Castilla said that
inasmuch as the matter upon which they had been notified was a weighty
one, they would defer their answer until the next meeting on the
twenty-seventh. Then the attorney Ribera presented a paper wherein he
stated that the attorneys for Portugal ought to be compelled justly
to act as plaintiffs, as in fact they had proved themselves to be in
their petitions, conforming themselves therein with their sovereign
who had provoked and commenced this negotiation. Therefore they were
acting contrary to their words and deeds. The judges for Portugal
ought to act in accordance with the interlocutory opinion of Castilia,
so that the case might be valid. We did not have to solicit proofs
and witnesses, since our rights were so well-known. But how could
we solicit such things without a preceding sentence in accord with
the suit depending upon the petitions, etc? Outside of this, since
sentence must be passed jointly on possession and ownership, and
the judges appointed for this purpose by the King of Portugal having
placed a thousand impertinent obstacles in the way, it was evident
that the deputies on the other side were avoiding the judgment and
suit, and were eluding and losing the time of the compromise. Then
he petitioned that they act in accord with his petition.
May 27. _Ibid_. The Emperor's deputies, in answer to the notification
of the twenty-fourth, said that although it was proper that their
interlocutory opinion be acted upon, nevertheless, because their
Majesties wished the affair settled within the time agreed upon,
they would agree that the attorneys of each side should plead their
rights within three days.
In the afternoon meeting the deputies of Portugal responded saying
that the answer was unsatisfactory. It was unnecessary to have the
attorneys of each part plead, since such a thing had been ordered
without avail on the eleventh of April. Therefore they insisted upon
the interlocutory assembly.
May 28. _Ibid_. The attorneys for Portugal presented a writ to
the effect that the time limit expired on the last of May, and the
matter was in such shape that it would be finished briefly; for in
regard to the ownership, their attorneys were unanimous on the three
points, except in matters of slight moment, in which they could soon
agree. In the matter of possession, the witnesses of both sides were
present, and such an expedient could be adopted that this case could
be determined immediately. "Therefore we petition," said they, "for
a continuation of the time limit. In this will be done what ought
to be done, and what the Emperor seems to wish, since he has told
the ambassadors of our King that your graces could extend the time,
and were empowered to do it by the said treaty."
The licentiate Acuna answered immediately that prorogation was an act
of jurisdiction, and should be determined on the boundary line, where,
according to the order, they must meet during the last three days;
and that he was ready to discuss the matter on Monday, May 30 with
the licentiate Acevedo, the member first named on their commission.
Acevedo consented, and they agreed to meet on the said day at seven
in the morning.
May 30. When the deputies met on the boundary line Acevedo gave his
vote, namely, that bearing in mind the treaty and that the matter
could be settled briefly, the two cases be continued through June.
Acuna's vote was to the effect that it stipulated in the treaty that,
if the case was in such shape it could be settled in a short time. In
the matter of possession there was no case nor any sign that there
would be one during the month. In that of ownership they differed
from the very first point--some insisting that they should count
from the island of La Sal, and others from that of San Antonio. He
thought the time spent here by the deputies would be lost, and
his presence was necessary in the employment and discharge of his
duty. He did not see any other expedient but to refer the matter
to their principals. Therefore, it was his opinion that the matter
should not be continued.
Immediately the attorneys for Portugal declared that their King
had written to the Emperor, both upon the question of proceeding by
means of courts of cross-examination and upon that of continuing the
case, and as he expected a favorable reply within eight or ten days,
they should at least prorogue it until that time. To this effect
notification should be made by licentiates Acuna and Acevedo.
Acuna answered that he had given his final answer in his reply. On
the thirty-first there would be no meeting in regard to the
possession. [180]
_Record of Ownership_ [181]
April 11. On the bridge of Caya River assembled the licentiates
Cristobal Vasquez de Acuna, a member of the council, Pedro Manuel,
a member of the audiencia and chancery of Valladolid; Fernando de
Barrientos, a member of the council of Ordenes; Don Hernando Colon,
Simon de Alcazoba, Doctor Sancho de Salaya, master of theology; Fray
Tomas Duran, Pero Ruiz de Villegas, Captain Juan Sebastian del Cano;
likewise the licentiate Antonio de Acevedo Coutino, Doctor Francisco
Cardoso, Doctor Gaspar Vasquez, all of the desembargo of the King
of Portugal; Diego Lopez de Sequera, of the King's council and his
chief magistrate, Pedro Alonso de Aguiar, nobleman of the said King's
household; Francisco de Mela, master of holy theology; licentiate
Tomas de Torres, physician to the said King; Simon Fernandez, Bernaldo
Perez, knight of the order of Christ--arbitrators appointed by Spain
and Portugal. In the presence of the secretaries Bartolome Ruiz de
Castaneda and Gomez Yanes de Freitas, the treaty appointments, etc.,
were read. And the witnesses, Doctor Bernaldino de Ribera, attorney
of the chancery of Granada, and attorney-general for Spain; and the
licentiate Juan Rodriguez de Pisa, advocate to their Majesties;
and the licentiate Alfonso Fernandez and Doctor Diego Barradas,
attorneys-general for Portugal [182] took the solemn oath.
Upon this day, the Portuguese attorneys declared that Alcazaba
could not take the oath or act as judge, inasmuch as he had fled from
Portugal with intent to be disloyal to his King, who had, for good and
sufficient causes, refused him certain rewards, and had ordered him
tried for certain offenses committed in India. This was the reason
for his flight, and therefore he was a suspicious person and ought
not act as judge. The attorneys asserted strenuously that they would
not assent to anything Alcazaba did, and that their King had written
the Emperor to appoint another in his place.
Nevertheless the judges ordered that he be sworn and he took the oath
with the others. Immediately Doctor Ribera, attorney for Spain, said
that the reasons were trifling, and seemed to have been invented to
delay the case. A copy was given to the attorneys for Portugal and
the day of
April 12. _Ibid_. The latter said that they held their suspicions
justly, and therefore the King had written to the Emperor, etc.
April 20. In the chapter of San Juan, the Cathedral church of
Badajoz. A despatch from the King of Portugal was read, removing
Bernardo Perez from participation in the case, "because of certain
reasons that move us" [could he have been refused by the Emperor
in reply to the refusal of Alcazaba? could the said Perez be a
Spaniard?] and appointing in his place master Margallo. Another
provision of their Majesties was read, removing Simon de Alcazaba,
"because he must occupy himself with matters connected with our
service," and appointing in his stead Master Alcarez; dated Burgos,
April 10, 1524.--Secretary Cobos. Margallo and Alcarez took the oath
and the matter of the demarcation was begun, by the reading of the
treaty of Tordesillas of June 5, 1494, [183] with the confirmation
given to the same at Arevalo, July 2, of the same year; and the
agreement of May 7, 1495, as to the prorogation of the ten months
allowed to the caravels to determine the said demarcation.
April 23. _Ibid_. They began to treat formally of the matter, and
in accordance with what had been discussed before, the attorneys
propounded three questions.
1st. In what manner the demarcation should be determined.
2d. How the islands of Cabo Verde were to be situated and located in
their proper place.
3d. From which of the said islands they should measure the three
hundred and seventy leagues.
The judges for Spain voted that these questions should be examined
in this order.
May 4. In Yelves, in the town hall. The attorneys for Portugal deferred
their voting until this day, and voted that the order of examination
should be in the inverse order. Immediately the deputies for Spain
declared that in order to avoid discussions they made the declaration
of the following writ. In substance this was reduced to saying that
they ought to determine first the manner of locating the islands and
to choose the meridian for the three hundred and seventy leagues. But
this matter being easy and one of pure reason, it ought not obstruct
the investigation of the other two, and therefore they would summon
the attorneys within three days, to give their decision as to the
first question. And they would treat immediately of the other two,
since the time limit was short, and already they had lost time enough
both because of the refusal to accept Alcazaba and the illness of
certain Portuguese deputies.
The Portuguese deputies voiced the following expression in the
afternoon: that the reason for not meeting sooner was because certain
of the Castilian deputies were not empowered. Moreover they insisted
that the first point to be discussed was the one declared by them,
but they agreed to the declaration of the attorneys concerning it
within three days.
May 6. _Ibid_. In the morning the attorneys discussed the
matter. They sent for the sea-charts and globes of each side which
each desired. Several examinations were made. The same discussion
was continued in the afternoon, and voting was deferred until
May 7. _Ibid_. In the morning the Portuguese representatives said
that sea-charts were not so good as the blank globe with meridians
as it represents better the shape of the world. Then they discussed
the best means of putting the lands, islands, and coasts upon it,
as they were quite prepared to do this.
The judges for Spain said that they preferred a spherical body, but
that the maps and other proper instruments should not be debarred,
in order that they might locate the lands better upon the said body.
May 12. In Badajoz, in the chapter of the said church. The judges for
Spain said that on May 4 they had ordered the attorneys to discuss the
question of the island from which the three hundred and seventy leagues
should be measured; that their intention was to hear them _viva voce_;
that time was short, and they summoned them for the following day.
May 13. At Badajoz, in the town hall. Having given notification, the
togated attorney of their Majesties and the licentiate Juan Rodriguez
de Pisa, of the Council and advocate in this case, discussed the
law. The attorneys for Portugal talked also. Then the judges for Spain
voted as follows: as to the island from which we should begin to reckon
the three hundred and seventy leagues, it is our opinion that it should
be the most westerly, San Antonio. They proved this conclusively both
by the natural meaning of words, and by the intention and purpose
of the Portuguese King to have it as far west as possible. It was
also evident from other documents [he alludes to the bull] that
Portugal had one hundred leagues on the other side of the islands,
and two hundred and seventy more were conceded to her. Then the three
hundred and seventy leagues must begin from the most westerly, that
of San Antonio. [This is doubtless the paper of Hernando Colon, for
it says _spherical_ and contains other sentences peculiar to it.] It
was signed at the bottom by the astrologers and pilots alternately in
the following order: D. Hernando Colon, Fray Tomas Duran, _Magister_,
Doctor Salaya, Pero Ruiz de Villegas, Master Alcaraz, Juan Sebastian
del Cano.
In the afternoon the judges for Portugal rendered the following vote:
that the measurement of the said three hundred and seventy leagues
should be made from the islands of La Sal or Buena Vista, which were
on the same meridian. They adduced several trifling reasons which are
not worth recording. They signed it at the bottom: Francisco de Melo,
Diego Lopez de Sequera, Pedro Alfonso de Aguiar, Master Margallo,
Licentiate Torres, Simon Fernandez.
May 14. _Ibid_. Having discussed the matter in regard to the judges
for Portugal telling those for Castilla that they should give the
form of their agreement, the latter presented the following writ:
"The principal grounds upon which the judges for Portugal take their
stand is, because in the treaty of 494 [_sic_] it is stated that the
caravels shall sail from Canaria to the Cabo Verde Islands, of which
the first and principal ones are La Sal and Buena Vista, as if that
more than disposed of the voyage, and it was only necessary to finish
the measurement." Then they confirmed the reasons given in their former
paper and showed conclusively that the judges for Portugal ought to act
in accord with them, or the blame for the delay would be theirs, etc.
May 18. _Ibid_. The judges for Portugal say that they cannot act in
accordance with them, because the treaty states that the measurement
shall begin at the Cabo Verde Islands, and this must not be understood
indefinite, in such manner that it signifies all of them, but that
it must be from a meridian where several islands are found. This
is the case at the islands of La Sal and Buena Vista. They repeated
this with the terms _a quo_ and _ad quem_, and other subtle phrases,
and concluded their long writ by saying that those of Castilla should
act with them.
The judges for Castilla presented the following writ immediately:
notwithstanding the contention in regard to the place from which they
should calculate the three hundred and seventy leagues--to which
they thought those from Portugal should conform themselves through
fear of God--that they thought it best to pass beyond this question,
and to locate the seas and lands on the blank globe. Much advantage
would be derived from this. By so doing they would not be standing
still and doing nothing. The location of the said lands and seas
had no connection with the discussion, but perhaps it would prove to
whom the Malucos belong no matter how the line be drawn. Therefore
this ought to be done without awaiting the replies or debates which
they have insinuated in their discussions, since they had not come
here for debates nor to expect other agreement than the determining
of justice. Then the judges for Castilla notified those of Portugal
that they were acting up to what they said, and would continue to
do so. And they would cast the blame upon them as acting contrary
to right and law, and it could be seen that they were persisting in
their attempt at delay, etc.
In the afternoon the judges for Portugal made answer asserting that
their vote was in accordance with law, and they hoped those from
Castilla would act in harmony with it. Moreover they agreed to pass
on to the other matters of this negotiation.
May 23. In Yelves, in the town hall. The judges for Castilla said that,
in accordance with the agreement, they had brought in the map showing
the navigation from Castilla to the Malucos. In this was set down
especially the cape of San Agustin in Brazil, in eight degrees of south
latitude, and in twenty degrees of longitude west of the island of San
Antonio; likewise was shown all the coast to the strait of the Malucos
[Magallanes] whose entrance lies in fifty-two and one-half degrees
of south latitude and four and one-half degrees of longitude farther
west. The map contained also all the Maluco Islands, Gilolo, Burnel,
Tincor, and many others which were named by Captain Juan Sebastian [del
Cano], navigators who sailed in the "Victoria" and who were present
at the assembly, and others who together with the foregoing discovered
them, calling them the archipelago of the Malucos; and being situated
in two degrees on each side of the equinoctial, and lying a distance
of one hundred and seventy degrees from the meridian of the cape of
San Agustin and one hundred and fifty from the divisional line. They
handed this map to the judges for Portugal so that they might examine
it, and petitioned them to show their navigation [eastward].
In the afternoon those acting for Portugal said that the foregoing
map was of use only in determining the third point, for the Cabo
Verde islands were not on it, with the exception of a portion of the
island of San Antonio. "Many other lands were lacking and, above all
the Line of Demarcation was drawn contrary to our opinion, nor is it
sufficient to say that it was the navigation of Captain Juan Sebastian
del Cano. Likewise we showed a similar map on which the Malucos were
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