The Philippine Islands, 1493-1803
Emma Helen Blair

Part 3 out of 5

one hundred and thirty-four degrees distant [eastward] from La Sal
and Buena Vista, quite different from theirs." But inasmuch as neither
touched upon the case, they notified the Castilian deputies to present
maps containing all the necessary lands, and "we would do the same."

Immediately the Castilian deputies petitioned that both maps be signed
by the secretaries, and they showed theirs with all the Cabo Verde
islands added to it, and some lands which the judges for Portugal
passed by, so that on their part this did not remain to be done.

The Portuguese map contained Cape Verde with the Rio Grande to the
Arbitro, but no more; and toward the north Cape Bojador, which lies
thirteen and one-half degrees from Cape Verde; _Item_, an islet
called La Ascencion, and then nothing to Cape Buena Esperanza,
which was a northwest direction with a north and south distance of
fifty-two and one-half degrees, and a run of sixty degrees; _Item_,
a nameless bay; _Item_, Cape Guardafui whither it was navigated from
Buena Esperanza to the northeast, with a north and south distance of
fifty and one-half degrees, and a run of fifty-six degrees; _Item_,
Cape Comerin whither it was navigated from Guardafui in an east and
west direction, one-half degree northwest, five degrees east, and a
run of twenty degrees; _Item_, to Zamatra and up to the point called
Ganispola, a run of fifteen and one-half degrees, from which point
to the Malucos it was twenty-seven degrees.

Thereupon the judges for Portugal, with the exception of Francisco
de Melo, who had departed, said they would answer the other points
made by the deputies from Castilla in the morning.

May 24. _Ibid._ The judges for Castilla presented the following writ:
"To say that the maps were only for the purpose of locating the Cabo
Verde islands is strange, inasmuch as we are discussing the bringing
by each side of our respective navigations, in order to determine
the distance of the Malucos, as witness the members of the Council,
who were and are present. It is also strange that among such persons
they should withdraw the plans and maps of their navigation, and not
allow us to examine them. In our navigation the only thing necessary is
to see the distance in dispute, and we will locate on it anything else
they wish. The line is drawn according to our opinion. Let them do the
same on theirs meanwhile, in order that it may not prove an obstacle
to the third point. As to what they say about their map being like
ours, it is not so, for they have located only capes and points. We
show the entire navigation up to the Malucos just as they saw it
therein. As to the principal matter that there are one hundred and
thirty-four degrees eastward from La Sal to Maluco, that is a matter
we shall look into, and discuss, and say what we shall deduce as the
truth. As to whether we have located the Cabo Verde islands properly,
why was there no doubt about that when they agreed to it yesterday
afternoon, comparing them in the book of Domingo Lopez de Sequerra,
wherein the whole world is shown in meridian circles? Pero Alfonso
de Aguiar assured the licentiate Acevedo, who showed doubt upon the
matter, many times of this. But for greater abundance of proof we are
going to bring back the maps so that they will be sure of it." [This
writ seems to be an answer to the following one, but they are in the
order written.]

Then the following writ of the judges for Portugal was read. In
substance it said that the maps presented by Castilla located the
Cabo Verde islands farther west than they should be; that it was
unnecessary to present maps showing their navigations, since the only
thing they ought to discuss was the location of the Cabo Verde islands.

Then the judges for Castilla offered for a second time their map with
the Cabo Verde islands, from which the measurements were taken.

In the afternoon the Portuguese deputies said in substance that the
navigations should not be examined, but only the locations of the
Cabo Verde islands with their respective distances. This ought to
be done in order to determine the meridian at the three hundred and
seventy leagues.

The Castilian deputies declared immediately that they were ready
to do this, without prejudice of going on to the decision of the

Those from Portugal measured the maps, finding several differences
between the one of Castilla and their two--a large one and a small one.

Those from Castilla petitioned that the differences be pointed out
and that the Portuguese deputies should state what they considered
the truth; and that they were quite ready to acquiesce.

May 25. _Ibid_. Those of Portugal declared that they found differences
in this place of one degree, in that of five, which they should try
to reconcile. Neither had those of Castilla shown the locations of
the Canaries and Cape San Vicente, and it was necessary to have these
lands indicated.

The Castilian deputies offered a map with the lands in question,
saying that, if this was the opinion of the Portuguese deputies they
would conform to it, only they would take back the map presented first,
being ready to conform with this opinion in order to get rid of the
disputes which were blocking the decision.

The Portuguese deputies said it was quite late, and they would give
their answer on the next day.

May 27. _Ibid_. The judges for Portugal asserted in regard to
the location of the Cabo Verde islands: "We locate the island of
Santiago in five and one-fourth degrees of longitude from Cape Verde;
the islands of La Sal and Buena Vista in four; Sant Anton in eight;
and San Nicolas in five and one-half."

The judges for Castilla gave immediately as their opinion that the
island of Santiago was in five and two-thirds of longitude distant
from the meridian of Cape Verde; those of La Sal and Buena Vista four
and two-thirds; that of Sant Anton nine, being in eighteen degrees of
latitude. [The original signatures of Colon, Duran, Salaya, Villegas,
Alcaraz, and Cano follow.]

May 28. By common consent both sides presented globes showing the
whole world, where each nation had placed the distances to suit
themselves. The measurements were taken and the secretaries ordered
to set them down.

The measurements followed in the afternoon. Numberless differences
were found, such that the globe of the Portuguese deputies showed
one hundred and thirty-seven degrees of longitude from the meridian
of the islands of La Sal and Buenavista to the meridian passing
through the Malucos; while that of the Castilians showed one hundred
and eighty-three. Both were measured eastward with a difference of
forty-six degrees.

At adjournment of this meeting they agreed to meet upon the thirtieth
upon the bridge of Caya to discuss and examine everything needful
for the negotiations.

May 30. Monday, on the said bridge. The judges for Portugal presented
the following notification, read by Francisco de Melo: that because of
the differences in the globes they believed it necessary to investigate
and make certain of the longitudes in question. For this they proposed
four methods, namely: The first, on land by taking distances from
the moon to some fixed star, as might be agreed upon; the second, to
take the distances of the sun and moon in their risings and settings,
and this upon land having its horizon above the water; the third by
taking a degree of the sky without any limit for sea and land; and the
fourth, by lunar eclipses. "Let us examine the method that we must
use," they say, "and let us consider how to end the negotiation. If
the time remaining seems short, it should be prorogued as long as may
be necessary and for such prorogation we notify," etc., and they did
notify Acuna and Acevedo to prorogue it for all of June.

Acevedo gave his vote [the same as in the records of possession]. Acuna
said that he heard it, and Don Fernando Colon read immediately the
following writ, which in brief showed the subterfuges of the judges for
Portugal, the differences between the said judges and the globes which
they presented concerning the distance from the meridian of La Sal
eastward to Maluco, for they say it is one hundred and thirty-seven
degrees but in one globe there were one hundred and thirty-four
degrees and in another one hundred and thirty-three, a difference
which proved falsehood; that both word and drawing showed their
[the Castilians'] truth, and reasons and experience proves the said
distance to one hundred and eighty-three degrees, and by way of the
west one hundred and seventy-seven. The principal matter could have
been determined in the time set; and this proposition of methods,
which would require a long time, proved that they wished to delay
matters. Neither was one month sufficient for the examination by these
methods foreign to the spirit of the treaty, and they were opposed to
this thing. They notified the Portuguese deputies to vote definitely
on the demarcation and ownership at four o'clock in the afternoon
on the following and last day of the time set. If they did not do so
they would be to blame ... we protest that we shall vote, etc.

The licentiate Acuna immediately handed in a negative vote on the
question of continuation, as is seen in the Records of Possession. The
notification of Acevedo and the confirmation of Acuna are also the
same as in the said Records.

May 31. _Ibid_. In reply to the deputies of Castilla; those of
Portugal presented a writ to the following effect: that the case was
far from being in a state to pass a definitive sentence upon it. Only
three preliminary points had been touched upon, and discussion of
the principal things passed by. Therefore they were to agree upon
the distances by virtue of certain observations; to place, by common
consent, the lands and seas on a blank globe; and to draw the line of
demarcation. The difference in our globes proved nothing. Also they
[the Castilians] had altered their only globe and map, based on the
voyages of Juan Sebastian del Cano. Therefore believing that all the
globes and maps were in error, we have proposed certain astrological
methods. Meanwhile we cannot vote, etc.

Don Fernando Colon read immediately the following vote and opinion
of the Castilian deputies:

_Opinion of the Spanish Astronomers and Pilots_ [184]

The first thing required and presupposed in this matter of defining
and determining the present case of the ownership of the Malucos is to
ascertain where the divisional line passes; and secondly the location
of the above-mentioned Malucos. As to the first--the location of the
said line--we their Majesties' deputies declare: We have voted already
for many reasons and causes that this line must pass west of the island
of Sant Antonio, the measurement commencing from this place, as we
have demonstrated by our words and drawings during the procedure of
this case; and we declare the same now by our vote and decision. As to
the second, we assert that the Malucos fall many degrees within their
Majesties' demarcation. In verification of this assertion it is to
be noted, that, since the sphere has a circumference of three hundred
and sixty degrees, this number should, of necessity, correspond to the
distance, demonstrated by the deputies of the King of Portugal, to be
comprised between the meridian of the island of La Sal and the Malucos,
plus our assertion of the distance westward to the same Malucos. And as
this number of degrees not only is not attained in the said navigation,
but the latter rather falls short of it by about fifty degrees, no
other reason can be assigned for the shortage, except that it arises
from the distance eastward being greater than they have shown it to
be; and the error consists in their having shortened the said journey,
which is suspected and proved conclusively according to the following.

First, because it is sufficiently clear evidence to note that,
in the prosecution of this case, they attempted to make use of
ends which were manifestly unjustifiable, and wished to delay
and not arrive at a conclusion. This was quite apparent when they
immediately _refused to admit Simon de Alcazaba,_ because he had
voyaged in those seas and lands with the Portuguese, and knew the
truth concerning their distances, and the places where they shortened
the distances; and because some days must pass before their Majesties'
commission to elect another judge, could arrive from Burgos. _Item_:
because on Saturday, April 23, we [the Castilian deputies] voted
upon the order of investigating the three points necessary in the
prosecution of this case, namely, in what manner we should determine
the demarcation,--whether on a plane or spherical surface,--what
location we should assign to the Cabo Verde islands, and from which
one of them we should commence to measure the three hundred and seventy
leagues; they in a matter so apparent, and of so little inconvenience
or room for speculation, would not vote until Wednesday, May 4, a
space of eleven days, and in order to cause confusion they voted that
the first thing to determine was from what island the three hundred
and seventy leagues to the line were to be measured, it being beyond
the bounds of reason to discuss such a thing before investigating
or ascertaining the relative locations of these islands with regard
to each other, examining them in some manner, in order afterwards
to enable us to determine from which one such measurement should be
made. This we showed most conclusively by the reasons brought forward
in this case. But wishing the verification of the truth, we consented
to proceed in the matter as they elected.

_Item_: when it came to a vote as to the island from which the three
hundred and seventy leagues was to be measured, they voted for the
islands of La Sal and Buena Vista. This was quite contrary to justice,
inasmuch as the measurement should begin at the island of Sant Antonio,
the most westerly of the Cabo Verde islands, as is apparent from
reasons adduced by us. It is apparent also from these reasons that,
at our last meeting in Yelves, they brought in a globe upon which the
line of demarcation had been drawn by them twenty-one and one-half
degrees west of the said island of Sant Antonio. This they tried to
disavow so that the notaries could give no testimony regarding it,
telling them they could give no other testimony than that they saw
a reddish band just like many others on the globe. Nevertheless in
downright truth, in a globe marked with the points of the compass
as it was, on which the principal winds were shown in black, the
mid winds in green, and the quadrants in lines of a reddish hue,
there could not be a quadrant or colored band passing from pole
to pole--especially since there was but one, all the others being
black--which they were substituting for the north and south wind,
blowing from one pole to the other, and which is placed on such globes
instead of the wind or meridian line.

Therefore it is apparent from the above that they had drawn this line
long before they voted for the line of demarcation, by the sphere
which they showed to have been made long before; and which if it had
other reddish lines girdling the sphere, these latter did not pass
through the poles as this line did, but started from the center of
the compasses placed on the equinoctial, and were in proportion to
other circular lines. But this line was in proportion to no other line,
saving one corresponding to the number of the three hundred and seventy
leagues reckoned from the island of Sant Antonio, just as we voted it
must be located. Therefore it is proved by this line and globe that
the said line was in harmony with our vote in regard to the distance
it must have from the said island of Sant Antonio and in regard to
its passing from one pole to the other, according to the stipulation
of the first treaty negotiated between the Catholic sovereigns and
King Don Juan (may they rest in peace), and not in harmony with it,
in regard to the other things maintained on this point in the said
globe. Therefore it results that they voted contrary to justice,
with intent to show that they had navigated a shorter distance, and
to delay and cause disagreement in these negotiations because of this
point. All the above is apparent and is proved by the records of this
assembly, and it is inferred therefrom that they did not consider or
regard as true the few degrees they had given out.

_Item_: having agreed that we should bring good maps on which we would
show our voyages westward, and they theirs eastward, they produced
a map, upon which were shown only a few points and principal capes,
and those lately inserted thereon; so that their voyages could not
be ascertained. Neither was it possible to verify in such a map what
they compressed in it. As the said distance of degrees given by them
was not true, as would be quite apparent if they brought a good map,
and one made some time before, in which their said navigation should be
contained, and as they had no just excuse to palliate such contention,
they said that they brought the said maps only to locate the Cabo Verde
islands, which by the very same map was proved to be contrary to the
truth and was not a sufficient excuse, since the said islands were not
located on this map, as is evident from the judicial records. Therefore
because of all the above reasons, and because it might not be possible
to verify later what had passed, they would not permit the judges and
notaries of the case to examine the said map. More than this, having
decided afterwards upon the location of the said islands, we were in
agreement with a map on which they had located them. As the decision
was not unanimous they locked up the said map and would not produce
it again, although they were requested to do so by us. And therefore,
they voted afterwards upon the location of the said islands contrary
to their own determination of them in the said map, and contrary to
what we voted in the said case. They did this contrary to all reason
and right, as was proved afterwards by a globe that they showed, on
which both the island of Sant Antonio and that of La Sal were exactly
where we located them, as is evident from the judicial records of
this case. Consequently they acted contrary to what they had declared
and voted. In the same way it was proved by the said globe [the first
one] that the voyage eastward from the said island of La Sal to the
Malucos, was greater than they had declared at first; and the said
globe did not conform with the map they had shown first, nor even with
another globe they produced. It is adduced from all the above by,
evidence and clear demonstration, that the said distance of degrees
asserted by them is untrue. Therefore they sought and tried to delay
these negotiations, alleging that maps and globes were insufficient
instruments from which to ascertain the truth, and that the demarcation
could not be determined by them. They begged insistently that other
methods of eclipses and fixed stars be sought, not taking into
account, as we have said, that these are causes for great delay; for
the consideration of such eclipses, and the movement of the moon,
and its visual conjunction with any fixed star, and all other like
mathematical considerations can at present be of no advantage to us,
_because of our being limited to such a brief period as two months_,
in examining and determining this matter. From this [the short time]
it is seen that it was not the intention of those sending us that such
expedients should be sought or pursued. It can be well said from the
above that he who has a poor proof, shows in detail the witnesses to
that fact, and therefore, we shall demonstrate in the following more
fully and specifically that the said distance is not what they assert,
and that all reason, every document, and all experience contradict it.

First it is proved that they have on their part, lessened the number
of degrees, for the voyage from Guinea _to_ Calicut is shown to be
greater than they assert or show, because from the time those lands
were discovered until now, the said Portuguese have been shortening
and lessening the said distance. [This assertion is proved by the
various discoveries eastward made by the Portuguese navigators from the
time of the Infante Don Enrique, (Prince Henry the Navigator) namely,
Cadamosto, the Venetian; Antonieto, the Genoese; Pedro Zinzio; Diego
Cano; Bartolome Diaz; and Vasco da Gama. [185] The distances navigated
by these men are given as they themselves recorded them.] Therefore
with apparent reason the _Itinerario Portugallensium_, translated
from Portuguese into Latin by Archangelo Madrignano, and which was
printed in 1508, [186] in chapter sixty, reckons a distance of three
thousand eight hundred leagues, or fifteen thousand miles from Lisbona
to Calicut, and declares in the last chapter that it is a three months'
voyage from Calicut to Zamotra.

_Item._ the said distance is proved to be much greater, as we assert,
because of certain persons who traveled through and navigated the
lands and seas eastward from the sea Rojo [Red Sea] and recorded
their voyages at a time when there was no suspicion of a discussion
like the present. [Geronimo de Santisteban, a Genoese, is given as
an example. He sailed from Aden to Calicut in thirty days, and in
eighty-three days from Calicut to Zaumotra (Sumatra), a distance of
about fourteen hundred leagues. "With this number agree Marco Paulo
(Marco Polo) and Juan de Mandevilla (John Mandeville) in the self-same
voyages and travels made by them, as is stated very diffusely in their
books." The three-year voyage of King Solomon's ships, as recorded in
"the third book of the Kings" [187] to "Ofir and Zetin whence they
brought the gold to build the Temple," and which places "all writers
upon the sacred scriptures assert" to be "toward the most eastern
part of India," agree with the same figures.] From all the above,
therefore it is inferred that the navigation from the said Mar Rubro
[Red Sea] to the eastern part of India is a much greater distance
than the Portuguese say.

_Item:_ it is well-known that the Portuguese themselves confessed that
the said Maluco islands were so far to the eastward that they fell
within their Majesties' territories. And this was so apparent that one
of the deputies acting now in this cause for the said King, by name
Master Margallo, in a philosophical book written by him, and but lately
out of press, in showing the division between Castilla and Portugal,
proves that the said Malucos fall and are within their Majesties'
limits. And too, when they were discovered by the Castilian fleet,
the King of Portugal desiring to have information regarding their
location and boundary, considered himself perfectly assured when all
those whom he ordered to assemble for this purpose concluded that they
lay within the Castilian boundaries. And therefore the more than great
caution exercised up to that time in not permitting sea charts to be
taken from his realms was thereafter observed much more strictly,
and many maps were burned, destroyed, and seized, and an order was
sent forth that the routes in all maps should be shortened. And those
maps they do give out for purposes of navigation, to those who must
sail toward India, they give on account, so that they must be returned
to the treasury in order that there might be no information in other
places as to the longitude of this route. And all the abovesaid is
confirmed more clearly, because, notwithstanding the great caution
exercised in Portugal in not allowing maps to be taken outside of the
kingdom, certain Portuguese and Castilians have taken and possessed
some maps. We, the said deputies of their Majesties, wishing to
become better informed concerning these maps, in order to pronounce
better and more truly upon this case, for the greater assurance of
our consciences, and for the purpose of securing the most indubitable
knowledge in regard to this matter, summoned before us certain pilots
and men, skilled both in navigation and in making maps, globes, and
mappamundos. These men have always tried to inform themselves with
great care, concerning the distances and routes of the said voyage,
both of those who made the voyage, and of those who delineated and
located the lands comprehended in the voyage. They stated under oath
and before two notaries and the secretary of this case, that they knew
that the said navigation and the location of these lands comprised
more degrees than was declared and demonstrated by the said deputies
of the King of Portugal, by their globes and maps. So much greater
was the distance that it was evident they were now trying to shorten
the said voyage again by more than twenty-five degrees of longitude
of the distance until now declared by them.

Therefore, as is apparent from the said information of modern
navigators and cosmographers, both Portuguese and those of other
nations, and from the relation of the said pilots and sailors, it has
been proved completely that the said distances and routes, declared
by the said deputies of Portugal, are neither just nor true, and that
the deputies have reported them much shorter than, in sober truth,
they are. From this it can be presumed, that inasmuch as they shorten
the said route each day, the said mistake of fifty degrees proceeds
doubtless from their eastern part and not from our western part.

_Item:_ it is to be observed that, notwithstanding the said distances,
expressed, as is shown by the said pilots who determined them, as
they should, on a spherical body, the said Malucos fall many degrees
within the limits of our lord, the Emperor, and that they lie a much
greater number of degrees east of the island of La Sal, than they had
declared, inasmuch as, according to geometrical reasoning, the lands
situated along the said eastern voyage, placed on a plane surface,
and the number of leagues being reckoned by equinoctial degrees,
are not in their proper location as regards the number and quantity
of their degrees, for it is well known in cosmography that a lesser
number of leagues along parallels other than the equinoctial, occupy
a greater quantity of degrees. Now then as almost all the lands from
the Cabo Verde islands to the Malucos, are, for the most part quite
distinct from the equinoctial, it will take a much greater number
of degrees when they are transferred and drawn on the spherical
body. Calculating by geometrical proportion, with the arc and chord,
whereby we pass from a plane to a spherical surface, so that each
parallel is just so much less as its distance from the equinoctial
is increased, the number of degrees in the said maps is much greater
than the said pilots confess, and consequently these lands fall by a
greater number of degrees inside their Majesties' limits. In order to
verify the above we must examine the itineraries and navigation routes,
and the angles and intersections made by the routes with the meridians
and parallels encountered, which are styled angles _positionis_ among
cosmographers. This is the most certain method of determining lands
on a spherical body, when calculating them from the plane surface,
as the following will show.

[The distances of these itineraries are shown in evidence of the
preceding. Maps of India made in Portugal "at the time when there was
no suspicion that so great a number of leagues was to be subtracted
as is proved now to have been the case," are cited and distances taken
therefrom in proof of the assertions made by the Castilian deputies. As
a result of these distances it is shown that the distance between
the Moluccas and the island of Sant Antonio would be one hundred and
eighty-four degrees to the eastward, to which number "must be added
the degrees contained in the said three hundred and seventy leagues
from the island of Sant Antonio to the line of demarcation." The
following deductions are made:]

It is quite evident from the above that the distance of the navigation
eastward assigned by the Portuguese in the proceedings is short by more
than fifty degrees, being proved by the said old Portuguese relations
and maps, which are not to be doubted. And it is evident that our
calculation is true, both eastward and westward, and that from the
said divisional line commencing from the island of Sant Antonio,
the distance westward to the Malucos is not more than the said one
hundred and fifty degrees.

[At this point the aid of the old authors, Ptolemaeus and Plinius,
is invoked to prove more conclusively that the distance was shortened
by the Portuguese. The summary of the document is as follows:]

Therefore in concluding, we assert, both on account of the reasons
abovesaid, and for many others which incite us to this decision,
that we find the location of the Malucos not to lie in the longitude
declared by the deputies of the King of Portugal, but where we claim
and prove by our sea chart. Consequently we assert that they lie and
are situated a distance of one hundred and fifty degrees west of the
divisional line, as we have shown in these discussions. It results
then that the distance eastward from the said line to the said Malucos
is two hundred and ten degrees, and according to this the ownership
and seigniory of the Malucos pertain to their Majesties. This is
our vote and decision, and thus we declare to and notify the said
deputies of the King of Portugal, that since our vote is just and in
accordance with right, they conform to the same. Don Hernando Colon,
Fray Tomas Duran, Doctor Zalaya, Pero Ruiz de Villegas, Master Alcarez,
Juan Sebastian del Cano.

I have read the above vote and decision of their Majesties'
said deputies in the presence of the deputies of the said King of
Portugal. Thereupon the said deputies of their Majesties and their
secretary all said for themselves that their opinion is in accordance
with the above, and they ordered us, the said secretaries to set
it down in the records. Then the said deputies of the said King of
Portugal declared that they were opposed to the said vote and adhered
to the writ presented by them yesterday, and to the one presented at
this meeting today before the reading of the vote in question. They
said they had other reasons to offer, which they would not give
today for lack of time, but would present tomorrow, Wednesday, the
first of June. They ordered us, the said secretaries to set it down
thus in this record. And we, the said secretaries being present at
this declaration, set it down in this record, and sign it with our
names. Bartolome Ruiz de Castaneda.

The Portuguese deputies answered that they adhered to their
proposition. The formalities follow and the junta was adjourned,
as was certified in the records by the secretaries Bartolome Ruiz de
Castaneda acting for Spain, and Gomez Yanes Freytas for Portugal. [188]

Opinion Rendered by Don Hernando Colon in the Junta of Badajoz
Concerning the Ownership of the Malucos

Don Hernando Colon declares that, at the first meeting of the
deputies who were to confer regarding the question of ownership,
when discussing the method of procedure, it was his opinion that
each one should set down in writing what he knew of this matter, thus
furnishing reasons and information upon which to base his Majesty's
right, and also material wherewith to answer the arguments, to which
he thought they might be opposed _ex adverso_. Although this method
was not approved by the said deputies, considering that it could not
but result in some good to his Majesty's service, he presented his
opinion in writing after the following Saturday, wherein he showed
their Majesties' right not only to the Malucos, but also to all of
Persia, Arabia, and India. [Thereupon it was decided that each one
should present his opinion, "especially as each one will incite and
spur on his fellows, and in case of any sickness or absence, what
such and such a deputy knew of the matter would be known, and if we
should decide upon nothing definite at this time, we shall leave a
record of the truth for a future time." Colon says:]

First, inasmuch as the division of the sphere, which is an unknown
quantity, is to be determined, we must determine and verify its
size. This must be done by one of two methods, namely, by measuring
the entire globe or body to be divided; or by ascertaining exactly the
proportional relation between one portion of it and the corresponding
portion of another body, whose size is known to us, as for instance
the heavens, which learned men have divided into three hundred and
sixty parts or degrees.

As to the first method of measuring the earth, besides being very
difficult, it becomes also arbitrary unless measurements were always
made by line. Much uncertainty is occasioned by this method, because,
as we hear and say continually such and such leagues are very long,
while others speak of them as small, each one judging according to his
own opinion, and taking into consideration the time and rapidity it
took him to walk them. On this account a much greater difference will
result when the said leagues are measured by sea, for there are many
more obstacles that alter or impede the correct calculation of them,
such as, for instance, currents, tides, the ship's loss of speed,
because of its meeting with strong head winds, or because of heavy
seas coming athwart the bows, or from other directions. In addition
to all these one may be deceived by the ship's burden and bulk; or
by reason of the ship's bottom being cleaner or dirtier at one time
than another; or whether it is towed or sailing alone; or whether it
carries new or old sails and whether they are of good or ill pattern,
and wet or dry; whether the day's run is estimated from the poop,
prow, or amidships; and other special considerations that I pass by,
such as the heaviness or lightness of the winds, the differences in
compasses, etc. From the above then, I infer that it is difficult
and unsatisfactory to determine the size of the earth by means of
measuring it by traveling or sailing, and the same was maintained by
Ptolemaeus and other erudite men by actual test.

As to the second method, namely, by determining what portion of the
earth corresponds to another known part of the heavens, it is more
_probabile etiam per demonstrationem_. But the difficulty of this
method lies in the fact that this proof or demonstration has been
made by many learned and experienced men, and we discover a great
diversity in their results, as I pointed out in my opinion when it
was agreed that every one should commit _in scriptis_ the number of
leagues corresponding to each degree, of which the following is a copy.

[Here follow the different calculations of the length of a degree and
the circumference of the earth, beginning with Aristotle. Briefly
these are as follows: Aristotle, 800 stadia to a degree, making
the terrestial circumference, 12,500 leagues; Strabo, Ambrosius,
Theodosius, Macrobius, [189] and Eratosthenes, each 700 stadia to the
degree, and a circumference of 7,875 leagues; Marinus and Ptolemaeus,
500 stadia to the degree, and a circumference of 5,625 leagues;
Tebit, Almeon, Alfragano, Pedro de Aliaco [190] "in the tenth
chapter of _De imagine mundi_ and the author of the sphere in the
division of the zones," Fray Juan de Pecan "in the fourth chapter of
the treatise of the sphere," and the "first Admiral of the Indies,
[191] as is evident from many papers made by him," each "fifty-six
and two-thirds miles" or "fourteen leagues and two-thirds of a mile"
to a degree, and a circumference of 5,100 leagues. "If no opposition is
given to this latter _ex adverso mere voluntarie_," continues Colon,
"then necessarily we must have recourse to verify it by experience,
which is hindered by many obstacles." In further reasoning he says:]

It is clear from the above, that, supposing the measurement of the
degrees to be conclusive, it is not reduced to such practical form
that the place where such and such a number of leagues correspond
to a degree can be told, nor is it easy to determine this; so that
it will be necessary, both sides concurring, to select persons and
instruments and the place for making the test. After these men had
been ordered to proceed, instruction and advice must be given them,
which being a huge matter and outside of the present discussion, I
shall not dwell upon. If such practical experience is not acquired,
then rightly and quite reasonably the measurement or size of degrees
used by the authors of tables, or of almanacs and daily calculations of
the stars, should be accepted; and such a view seems quite conclusive
to whomever is not obstinate, since it is proved that the diversity
of the relative positions of the superior bodies proceeds from the
difference between the places of observation.

Supposing that the number of miles or leagues corresponding to each
degree were to be verified by the care and skill of the men abovesaid,
then another very long and difficult calculation would be necessary,
namely, the appointment of experienced men to measure and determine
the number of measures or degrees from one continent or province to
another. And when they shall reach the half [one hundred and eighty
degrees] counting from the line passing at the end of the three hundred
and seventy leagues, at that place they shall establish a point or mark
to show what pertains to each side. But as this manner of measuring
degrees may be difficult from east to west, although easy from north
to south, recourse must be had to certain fine and subtile methods,
of which, although everybody is well informed concerning them, I
shall not hesitate to state a few facts I have been able to acquire,
in order to give these other deputies an opportunity to explain those
facts of which I am ignorant.

[Various methods for estimating the length of a degree follow. Colon
concludes thus:]

But inasmuch as the determination of the above methods seems to
be and is difficult, each one of them must be employed, and each
one put into execution, so long as one does not conflict with the
other. Furthermore the day's run must conform to these methods,
and pilots of great experience and judgment chosen. In this way it
might be hoped to determine a division in which neither part would
suffer and great loss or inconvenience. Inasmuch as, in another form,
_rebus stantibus ut nunc_, I consider it impossible that one side can
succeed in convincing the other by demonstrating that the Malucos
fall within his territory, although one might show that it is more
in accordance with equity and reason, and thus obtain his object, if
the judges imagine that they could determine it according to rigorous
and absolute judgment; therefore in order to accomplish my utmost as
well as to do everything that I think can be of use in this question,
upon the day determined by the assembly I shall present in writing all
the evidences, documents, and drawings bearing upon this case that,
to my mind, might prove useful.

Now to sum up in conclusion of the above, neither side can convince
the other that he is trying to shift his ground; and therefore, I say,
no sentence can at the present time be passed upon this case, except
that it will be necessary to agree upon an expedition to compute the
size of the degrees; and this done, ships and men must be chosen,
for the purpose of measuring the longitude by one or the other of the
various methods found to be best, and for definitely determining and
marking the beginning and end of the said demarcation, and the lands
falling in each part or hemisphere. [His signature and the notarial
countersignature follow. The date of this document is April 13, 1524.]

Opinions of Fray Tomas Duran, Sebastian Caboto, and Juan Vespucci
Rendered at the Junta of Badajoz Regarding the Ownership of Maluco

Inasmuch as you wish, it appearing to have some value, that each one
should set down in writing his opinion regarding the demarcation that
his Majesty commended to us, we, Fray Tomas Duran, Sebastian Caboto,
captain and pilot, and Juan Vespuchi, pilot, concert together in
setting down and explaining our opinion regarding this demarcation.

First we must calculate the leagues, giving as few at possible to
the celestial degree, because giving fewer leagues [to the celestial
degree] there will be fewer throughout the earth, which suffices quite
well for their Majesties' service. However, as we pointed out formerly,
it seems to us that we must employ the number used commonly by sailors
both in Portugal and Castilla. These men assign to each heavenly
degree seventeen and one-half leagues, to the first following point
of the compass from the north [north by east] eighteen and one-half,
to the northeast by north twenty, etc. The second fundamental is that
we must conform ourselves to that most grave and practical astrologer
Ptolemaeus, who, writing later than Pomponius, Marinus, Plinius,
and Strabo, calculated sixty-two and one-half miles to each degree.

Thirdly we declare that there are two methods of procedure in this
demarcation. The first is according to the conjectures and experiments
made during many repeated voyages by skilled pilots. This method has
been followed by all the writers on cosmography. The other most sure
method is by proceeding in a northern altitude from north to south,
and in an altitude from east to west, or by taking the east and west
longitude. This is a difficult task, as this assembly is aware, and
as each one has declared, and setting forth many methods for doing
it that appear feasible to them, and finding fault with them all.

First let us examine this first method, and then the second. As to the
first we must place the line of demarcation three hundred and seventy
leagues from the island of San Antonio. This number of leagues is
equal to twenty-two degrees and almost nine miles. Reckoning degrees
from that parallel and from the island of San Antonio there is a
distance of one hundred and eighty leagues to Cape Verde which equals
ten degrees. Therefore it is thirty-two degrees from Cape Verde to
the line of demarcation. We assert then, that by graduating these
degrees in this manner, the Malucos fall within the boundaries of
our lord the Emperor, however we may make the demarcation. For if we
wish to determine it after the customary models and where voyages
have been made up to this time, to wit, calculating five hundred
and forty leagues from Cape Guardafuui to Cape Comori, five hundred
and sixty leagues from Cape Comori to Malaca, and four hundred and
twenty leagues from Malaca to the Malucos, in which way the voyage
is always made, not only do the Malucos fall within his Majesty's
demarcation but also Malaca and Zamatra. And if, perchance, we wish to
determine the demarcation in accordance with the recently corrected
Portuguese maps, which reckon a much less number of leagues between
the above-named places, to wit, from Cape Guardafuui to Cape Comori,
Cape Comori to Malaca, and from Malaca to the Malucos, we still
assert that the Malucos fall within the demarcation of our lord the
Emperor. For according to these maps corrected recently in this way,
the demarcation or line of demarcation falls near Gilolo, an island
near the Malucos. This is so on the plane surface of their map. When
this plane surface is reduced to a spherical one, because of the
rotundity of the sea where these voyages are made--the latter being
in addition along parallels other than that of the equinoctial and
where the degrees are less than those of the equinoctial, (the same
league being assigned to the different degrees)--so that when this
reduction is made, five degrees are gained, or nearly this number,
which we have measured and proved to be so, then it comes to pass, from
their own map, that the line of demarcation falls outside the Malucos,
and the Malucos are in the territory of the Emperor our sovereign.

_Item_: let us suppose, for instance, that when the Catholic Sovereigns
and King Don Juan of Portugal ordered the demarcation of the seas
to be made, by commanding a line to be drawn from the Arctic to the
Antarctic pole at a distance of three hundred and seventy leagues from
the Cabo Verde islands, they had ordered also the demarcation made
on the eastern side, which his Majesty orders us to do now--though
at that time neither Persia, Arabia, nor the Cabo Buena Esperanza
[Good Hope] was discovered--it is quite certain that this north
and south line must pass on the eastern side through the mouth of
the river Ganges. This is a fact, because Ptolemaeus with great care
described and located the cape of Catigara in accordance with the long
experience of those voyaging through the spice region, as is discussed
in the fourteenth chapter of the first book of his cosmography. He
makes a distance of one hundred and eighty degrees from the Canarias
to Catigara or the Metropol of the Chinese. Therefore subtracting
the thirty-two degrees--the distance of the divisional line west [of
the Cape Verde Islands], the line on the other side passes through
the mouth of the river Ganges, which lies in one hundred and fifty
degrees of longitude. Therefore Malaca, Zamatra, and Maluco fall
within the demarcation of his Majesty.

_Item_: it can not be denied that the island of Gilolo, lying near the
Maluco Islands, is the cape of Catigara, inasmuch as the companions
of Magallanes journeyed westward upon leaving the strait discovered in
fifty-four degrees of south latitude, sailing such a distance west and
northeast that they arrived in twelve degrees of north latitude where
were found certain islands, and one entrance to them. Then running
southward four hundred leagues, they passed the Maluco islands and the
coast of the island of Gilolo, without finding any cape on it. Then
they took their course toward the Cabo Buena Esperanza [Good Hope]
for Spain. Therefore then the cape of Catigara can only be the said
island of Gilolo and the Malucos.

_Item_: Ptolemaeus locates this cape of Catigara at the point of the
gulf Magnus, next to the gulf of the Ganges and the Cresonensus bay,
which conforms wholly to the account now discovered, so that the
description and figure of Ptolemaeus and the description and model
found recently by those who came from the spice regions are alike and
not only alike in appearance, but in name. That region is now called
China; Ptolemaeus styled it _regio Sinarum;_ the barbarians also
compressing the _s_ say Sina instead of China; and the Portuguese
themselves place China in this region. Therefore it being asserted
that the island of Gilolo and the Maluco islands are Cape Catigara,
as is a fact, the line of demarcation falls thirty-two degrees more
to the westward and passes through the mouth of the Ganges. Therefore
Zamatra, Malaca, and the Malucos fall within our demarcation.

_Item_: in everything discovered by the Portuguese of which Ptolemaeus
has any notice, the former conform in their navigation to the
latter. They locate China north of the Malucos in the gulf Magnus,
just as Ptolemaeus locates it. For these and other reasons, which will
be adduced by wiser than we, it seems to us that the Malucos, Malaca,
and Zamatra fall thirty-two degrees within his Majesty's demarcation,
as we stated above. This is the opinion of all three of us, and as
such we give it, signed with our names this fifteenth of April, one
thousand five hundred and twenty-four, in the city of Badajoz. Fray
Tomas Duran, _Magister_. Sebastian Caboto. Juan Vespucci. [The notarial
countersignature follows.]

Memorandum Relative to the Right of His Majesty to the Dominion and
Ownership of Maluco, Presented by Don Hernando Colon

Don Hernando Colon asserts that the first section of the treaty
ratified between the Catholic sovereigns (may they rest in peace)
and King Don Juan of Portugal, sets forth a certain division of
seas and lands of which, the people having no definite knowledge
or understanding, the public report has originated and been sown
broadcast that they had divided the world between themselves. From
this supposition it resulted that the people inferred another general
conclusion, namely, that having divided the world, it followed
immediately that they divided it into equal parts. So wide spread is
this that the above report gives rise to a so deep-rooted impression
in these men whom his Majesty sent at present to inquire into the
question of ownership, that they have persuaded themselves that it
is really the truth. And although they have seen and read the said
treaty many times, this does not suffice to make them recognize in
their method of procedure that such a supposition is untrue, especially
since the contrary was not declared by his Majesty's Council in their
assembly. Neither did they appreciate the fact that the assembly did
not say they should understand it in this or that manner, but fulfil
the stipulations of the first treaty in accordance with the new treaty
and commissions delegated to you.

Therefore, inasmuch as many inconveniences result from this, which
occasion not only great damage to his Majesty's service, but also a
great delay in the settlement of the present business, on account of
this vicious understanding being the cause of their trying to direct
it by unsuitable and senseless methods, and to wrangle and dispute
not only with the Portuguese, but even among themselves in regard
to obtaining certain other things, it seems to me that the present
negotiations would move more briskly and advantageously if they should
do the very contrary of what they are striving to do, namely, to locate
the line of demarcation as far westward as possible; I the said Don
Hernando beg your graces, the lawyers Acuna, Manuel, and Barrientos,
as being members of his Majesty's Council, and the licentiates Pisa,
and Doctor Ribera, as being his advocate and official attorney, both
in order to fulfil his Majesty's command, namely that we ask your
advice, and in order that the above command might be obeyed by your
graces, that, since this point consists principally in law and not
in astrology or cosmography, you set forth and declare in writing,
for our good understanding, what we ought to do in this case, and
what understanding we should have of it; so that we may all give a
good account of what was commanded us, which we should do now, for
we know the intent of the Portuguese, and what they wish or show
that they wish; and are about to come to certain conclusions with
them. And especially since a fortnight has passed since I proposed
this doubt to your graces by word and writing, it is to be supposed
that you will have come to a decision regarding it; and in closing
I beg that a definite decision be rendered in the case.

Don Hernando Colon.

[The official recognition of the notary dated Wednesday, April 27,
1524 follows.]

Letters from the Emperor to the Deputies Appointed to Treat of the
Ownership of the Malucos in the Junta of Badajoz

[The first letter is an open proclamation and order to the "Council,
court, _regidores,_ [192] knights, squires, officials, and good
people of the city of Badajoz." The King announces that he is sending
"to this said city the licentiates de Acuna, of my Council; the
licentiate Pedro Manuel, auditor of our audiencia of Valladolid;
the licentiate Barrientos, of my Council of Las Ordenes," [193]
Don Hernando Colon, Simon de Alcazaba, other astrologers, pilots,
and other lawyers and persons, who are to investigate, in our name,
the demarcation, with other deputies and representatives of the most
serene and excellent King of Portugal." He orders that the utmost
hospitality be extended to those representatives. They must be given
free and (not in inns) good lodging. No overcharges must be made
in food and other necessities, and they must not be bothered with
noises or questionings. All courtesy must likewise be extended to
"the ambassadors of the said most serene King ... as it is proper in
a matter of such import to these kingdoms, that I should receive from
you courteous behavior." Vitoria, March 8, 1524.]

[In accordance with the terms of the treaty negotiated in Vitoria,
February 19, 1524, (_q.v._. above) which make it incumbent upon the
king to appoint "a notary before whom, together with another notary
appointed by the said most serene King of Portugal the said case and
all its proceedings must be conducted," Bartolome Ruiz de Castaneda is
appointed "as notary for our side, so that, together with him who shall
be appointed by the said most serene King of Portugal, you may inquire
into it, and all the proceedings shall be conducted in your presence,
and you shall do whatever else, in accordance with the above compact,
that is necessary," Burgos, March 20, 1854.]

[Two letters follow, both bearing the date, March 21, 1524, and sent
from Burgos. The first is addressed to the licentiates Acuna, Pedro
Manuel, and Barrientos "our deputies." The second is to Hernando Colon,
Simon de Alacazaba, Doctor Salaya, Pero Ruiz de Villegas, Fray Tomas
Duran, and Captain Juan Sebastian [del Cano], "our astrologers and
pilots." Each letter contains the following injunction, couched in
the same words:]

Inasmuch as, as you will understand, this matter that you are to
examine and determine is of so great caliber and import to us and the
good of these kingdoms, that it should be considered with great care
and vigilance, and that in the determination of it, there should
be great moderation and discretion; and inasmuch as there should
be no want of harmony among yourselves, I charge and order you that
before conferring with the deputies of the said most serene King of
Portugal, that you shall have discussed and conferred on the matter
among yourselves, so that you may take a common resolution as to what
you shall answer or plead in our favor, and so that you may all speak
with one mouth.

[The second letter contains the additional injunction:]

And in order that you may be better informed, you shall always
listen to the opinions and arguments of our astrologers and pilots,
and others, who by our command, accompany you for the purpose of
informing you as to our rights, in order that everything might be
done in a suitable manner. And it will be advisable for you to hold
discussions with the licentiates Acuna and Pedro Manuel, and the
licentiate Hernando de Barrientos, our deputies, as often as possible,
so that all that should be done for our service and the good of the
said negotiation be done better and unanimously.

[A letter from Burgos, April 10, 1524, and addressed to the licentiates
Acuna, Pedro Manuel, and Hernando de Barrientos, states that the
King of Portugal has requested the removal of "one of our deputies,
the astrologer Simon de Alcazaba, as he was formerly a vassal and is
a native of that kingdom (Portugal)," as he is suspicious of him; and
that another be appointed in his stead. Accordingly Carlos appoints
one master Alcarez, although declaring that Alcazaba entered his
service with the knowledge and consent of the Portuguese monarch. This
change goes into effect provided that no former Spanish subjects be
appointed on the commission by the King of Portugal. It is reported
that two Spaniards--the bachelor Maldonado, who fled from Spain for
various offenses, and Bernardo Perez, a citizen of Noya, kingdom of
Galicia--had been appointed by the latter. Should these be retained,
or should other former vassals of Spain be appointed, then "the said
Simon de Alcazaba shall enjoy what was committed to him, until as
abovesaid, both the above-mentioned men be removed and displaced,
or whichever of them is appointed, or any one else, who may be our
vassal, subject, or native of our kingdoms."

[On the same date the King writes to the same licentiates as follows:]

I have your letter of the sixth instant, and your memoranda of your
doubts since your meeting and conference with the deputies of the
most serene and excellent King of Portugal, our very dear and beloved
cousin, and you have done well in advising me of it.

As to what you say about having difficulty in the place where you
must meet for your investigations in the determination of this matter,
for the reason that no place on the boundary line is suitable for it;
and because, as you have seen by the compact negotiated in Vitoria,
the stipulation was relaxed so that the meeting might take place
wherever agreed upon between yourselves and the deputies of the
most serene King of Portugal, therefore you may agree, as you say,
to remain there in Badajoz one week, or what time you determine,
and an equal period in Yelves, in order that you may be well lodged
and have a good meeting place. You do well in wishing that the first
meeting be held there in Badajoz, since it is not to be believed that
the deputies of the most serene King, my cousin, will wish any thing
else or oppose any objection, nor should you consent to anything else.

As to the departure of Simon de Alcazaba, he will have arrived already,
for this post brought news hither that the day of its arrival here,
he would have arrived there in Badajoz. Therefore the negotiations
will not be delayed on his account.

As to what you say about the astrologers, pilots, and other persons
whom we sent thither to furnish reasons and information concerning our
right, namely, that, because they were not named on the commission,
our astrologers and pilots who were appointed as deputies, will not
receive them in their assembly as not bearing our special writ of
appointment, I am much surprised, for it was here repeated again
and again that they must summon to their council all those going
thither at our command for the above said purpose, and they must
confer with them and discuss with them concerning the demarcation;
for otherwise their being there was useless. I am sending orders to
these deputies to the effect that from this moment they do this. And
I therefore order you to give them my letter, and to see to it that
whenever the said pilots and astrologers shall meet to discuss and
confer in regard to the matter committed to them that they summon to
their council all those who are there at my behest, to wit, Master
Alcarez, the bachelor Tarragona, our chief pilot, the other pilots
of the India House of Trade, [194] and Diego Rivero; and that they
confer with and discuss with them everything necessary for their
information and the elucidation of our right; they shall always be
careful to preserve a mutual harmony, as I now recommend to you.

In regard to your lodging, I am giving orders to the _corregidor_
[195] that he look after the same and provide the rooms. You shall be
careful that whenever the deputies of my cousin, the most serene King,
shall come there, that they be well lodged and treated as is fitting.

This post brings the moneys asked for by the treasurer for the payment
of the witnesses there at Badajoz, and if more are necessary, they
will be sent.

I will have the bulls and other documents favoring our rights that
you ask for, looked up, and will send them to you. Likewise I will
have secured the hydrographical maps of which you say you have been
advised, and which are in the possession of Francisco de Lerma, an
inhabitant of this city, and the one that the pilot Esteban Gomez gave
to Colonel Espinosa. These latter I shall send by another messenger,
for this one does not take them, in order not to be detained.

I have ordered sent you with the present letter the copy of the letter
you mention that I wrote to my ambassador in Portugal, and in which
I give the reasons for our right, and reply to the reasons brought
forward on the side of the most serene King. [196]

This mail bears a packet of letters written by the ambassadors
of the most serene and excellent King, my cousin, residing at my
court, to the licentiate Antonio de Acevedo, his chief magistrate,
or to whatever other such official resides in the city of Yelves as
his deputy. As it is a thing which concerns this negotiation in my
service, as soon as this post arrives, you are to give or send this
packet to him with all care, and you shall make him certify that it
has been delivered to him, and shall send me the certification.

[The letter closes with the king prescribing the order in which the
deputies shall be seated at their general councils.]

[Another letter of the same date as the preceding commands the
astrologers and pilots named as deputies to summon to their councils
those who, though not named on the commission are there to give their
opinion and advice. They are commanded "whenever you assemble among
yourselves to consider and discuss regarding this matter, you shall
summon the persons above named, and shall discuss and confer with
them, and shall listen to their words and opinions, and after having
heard all of them, according to this order, you shall determine what
you shall reply or plead when you meet with the deputies of the most
serene and excellent King of Portugal, my cousin, and you shall always
advise me fully of every thing that happens."]

The King. Licentiates Acuna, of my Council, Pedro Manuel, auditor of
Valladolid, and Licentiate Barrientos, of my council of Las Ordenes,
our commissaries in the city of Badajoz, investigating the affair
of the Spice Islands: I saw your letter, and the records and papers
you sent me of what occurred there in regard to the possession of
the Maluco islands, at which proceedings you were present; also in
what shape affairs are at present, and the manner in which you have
managed them. My Council of the Indies has discussed it, and consulted
with me regarding it. What you have done seems good, and as was to
be expected from your learning and prudence. And inasmuch as I have
ordered a full reply to be made in regard to the matters upon which you
have consulted me, as you will see by the memorandum accompanying this
letter, signed by my grand chancellor, I therefore command and charge
you to examine it, and in accordance with it direct affairs, so that,
so far as we are concerned, it will be evident that nothing remains to
be done for the fulfilment of what we agreed upon. You must accomplish
this secretly and in the good manner I expect from you. You shall
give a very secret account of everything to the licentiate de Pisa.

I am writing to our deputies--the astrologers and pilots--to place
entire confidence in you. You shall discuss with them in the best and
most reserved manner possible what pertains to them in accordance with
the section of the said memorandum that treats of the demarcation,
and in regard to the advices given by Don Hernando on the true
understanding of the treaty. Burgos, May 7, 1524. I the King. By
command of his Majesty: Francisco de los Cobos.

The King. Our deputies in the city of Badajoz, who are considering the
demarcation: I saw what you wrote me, and am pleased with you. I hold
in mind all you say, which is as I expected from you. And inasmuch
as I am writing fully to the licentiates Acuna, Pedro Manuel, and
Barrientos, our commissaries, who will discuss with you in my behalf
what you should know of it; therefore I command and charge you that,
placing entire faith and credence in them, you shall execute this as
I wish, and that you shall in all this business have the watchfulness
I expect from you, so that the said demarcation be established justly
and truly. Burgos, May 7, 1524. I the King. By command of his Majesty:
Francisco de los Cobos.

The Treaty of Zaragoza

[This treaty was negotiated at Zaragoza (Saragossa) between the
representatives of the Spanish and Portuguese monarchs, and signed
by them April 22, 1529. It was ratified the following day by Carlos
I at Lerida, and by Joao III, at Lisboa (Lisbon), June 20, 1530. The
usual letters of authorization precede the treaty proper, the Spanish
letter being given at Zaragoza, April 15, 1529, and the Portuguese
at Lisboa, October 18, 1528. The Spanish deputies were: Mercurio de
Gatinara, count of Gatinara, and grand chancellor; Fray Garcia de
Loaysa, [197] bishop of Osma and confessor of the emperor; and Fray
Garcia de Padilla, commander-in-chief of the order of Calatrava,
[198] all three members of the emperor's council. The Portuguese
deputy was the licentiate Antonio de Azevedo _coutino_, member of
the Portuguese council and the King's ambassador. The treaty follows:]

After said authorizations were presented by the said representatives
it was declared that: inasmuch as there existed a doubt between
the said Emperor and King of Castilla, etc., and the said King of
Portugal, etc., concerning the ownership, possession, and rights,
or possession or quasi possession, navigation, and trade of Maluquo
and other islands and seas, which each one of the said lords, the
emperor and king of Castilla and the King of Portugal declares as his,
both by virtue of the treaties made by the most exalted, powerful, and
Catholic sovereigns, Don Fernando and Dona Isabel, rulers of Castilla,
grandparents of the said emperor and the King, Don Joam the Second
of Portugal (may they rest in glory) about the demarcation of the
Ocean Sea and by virtue of other rights and privileges which each
one of the said emperor and monarchs asserts to belong and pertain
to said islands, seas, and lands belonging to him of which he is in
possession; and inasmuch as the said emperor and monarchs considering
the very close relationship and great affection existing between them,
and which, not only should very rightly be preserved, but as far
as possible be increased; and in order to free themselves from the
doubts, complaints, and disputes that might arise between them, and
the many troubles that might ensue among their vassals and subjects
and the natives of their kingdoms; the said emperor and monarchs and
the said attorneys acting in their names, have covenanted and agreed
as to the said doubts and disputes in the following form and manner:

First, the said grand chancellor, the bishop of Osma and the
commander-in-chief of Calatrava, attorneys of the said emperor and
sovereign of Castilla declared that they, in his name, and by virtue
of their said power of attorney would sell and in fact did sell from
this day and for all time, to the said King of Portugal, for him and
all the successors to the crown of his kingdoms, all right, action,
dominion, ownership, and possession or quasi possession, and all
rights of navigation, traffic, and trade in any manner whatsoever;
that the said emperor and king of Castilla declares that he holds and
could hold howsoever and in whatsoever manner in the said Maluquo,
the islands, places, lands, and seas, as will be declared hereafter;
this, with the declarations, limitations, conditions, and clauses
contained and stated hereunder for the sum of three hundred and fifty
thousand ducats of gold, paid in the current money, of gold or silver,
each ducat being valued in Castilla at three hundred and seventy-five
maravedis. The said King of Portugal will give and pay this amount to
the said emperor and king of Castilla, and to the persons whom his
majesty may appoint, in the following manner: one hundred and fifty
thousand ducats to be paid at Lixbona, within the first fifteen or
twenty days after this contract, confirmed by the said emperor and
king of Castilla, shall have arrived at the city of Lixboa, or wherever
the said King of Portugal may be; thirty thousand ducats to be paid in
Castilla--twenty thousand at Valhadolid and ten thousand at Sevilla,
by the twentieth day of the month of May of this present year; seventy
thousand ducats to be paid in Castilla at the May fair of Medina del
Campo of this same year, at the terms of the payments of said fair;
[199] and the hundred thousand ducats remaining at the October fair
at the said town of Medina del Campo of this same year, at the terms
of the payment of the same--all to be paid over and above the rate of
exchange. If necessary, notes will be given for the said time; and,
if said emperor and King of Castilla wishes to take in exchange the
said hundred thousand ducats at the said May fair of this said year
in order to avail himself of their use, he shall pay the said King
of Portugal exchange at the rate of five or six per cent, the rate
which his treasurer, Hernand Alvarez, is accustomed to exact from fair
to fair. The aforesaid sale is made by the said emperor and king of
Castilla to the said King of Portugal on condition that, at whatever
time the said emperor and king of Castilla or his successors, should
wish to return, and should return, all of the said three hundred
and fifty thousand ducats without any shortage to the said King of
Portugal or his successors, the said sale becomes null and void and
each one of the said sovereigns shall enjoy the right and authority
which he now holds and claims to hold, both as regards the right of
possession or quasi possession, and as regards the proprietorship,
howsoever and in whatever manner they belong to him, as if this
contract were not made, and in the manner in which they first held
possession and claimed to hold it, and this contract shall cause no
prejudice or innovation. _Item_: It is covenanted and agreed by the
said attorneys, in the names of their said constituents, that, in order
to ascertain what islands, places, lands, seas, and their rights and
jurisdiction, are sold, henceforth and forever, by the said emperor
and king of Castilla, by this contract under the aforesaid condition,
to the said King of Portugal, a line must be determined from pole to
pole, that is to say, from north to south, by a semicircle extending
northeast by east nineteen degrees from Maluquo, to which number
of degrees correspond almost seventeen degrees on the equinoctial,
amounting to two hundred and ninety-seven and one-half leagues east of
the islands of Maluquo, allowing seventeen and one-half leagues to an
equinoctial degree. In this northeast by east meridian and direction
are situated the islands of Las Velas and of Santo Thome, through
which the said line and semicircle passes. Since these islands are
situated and are distant from Maluquo the said distance, more or less,
the deputies determine and agree that the said line be drawn at the
said two hundred and ninety-seven and one-half leagues to the east,
the equivalent of the nineteen degrees northeast by east from the said
islands of Maluquo, as aforesaid. The said deputies declare that, in
order to ascertain where the said line should be drawn, two charts of
the same tenor be made, conformable to the chart in the India House
of Trade at Sevilha, and by which the fleets, vassals and subjects
of the said emperor and king of Castilla navigate. Within thirty
days from the date of this contract two persons shall be appointed
by each side to examine the aforesaid chart and make the two copies
aforesaid conformable to it. In them the said line shall be drawn in
the manner aforesaid; and they shall be signed by the said sovereigns,
and sealed with their seals, so that each one will keep his own chart;
and the said line shall remain fixed henceforth at the point and place
so designated. This chart shall also designate the spot in which the
said vassals of the said emperor and king of Castilla shall situate
and locate Maluquo, which during the time of this contract shall be
regarded as situated in such place, although in truth it is situated
more or less distance eastward from the place that is designated in
the said charts. The seventeen degrees eastward shall be drawn from
the point where Maluquo is situated in said charts. For the good of
this contract the said King of Portugal must have said chart, and in
case the aforesaid be not found in the House of Trade of Sevilha,
the said persons appointed by the said sovereigns shall make said
charts within one month, signed and sealed as aforesaid. Furthermore
navigation charts shall be made by them, in which the said line shall
be drawn in the manner aforesaid, so that henceforth the said vassals,
natives, and subjects of the said emperor and king of Castilla shall
navigate by them; and so that the navigators of either pa shall be
certain of the location of the said line and of the aforesaid distance
of the two hundred and ninety-seven and one-half leagues between the
said line and Maluquo.

It is covenanted and agreed by the said deputies that, whenever
the said King of Portugal should wish to prove his right to the
proprietorship of Maluco, and the lands and seas specified in this
contract, and although at that time the said emperor and king of
Castilla shall not have returned the price abovesaid, nor the said
contract be canceled, it shall be done in the following manner, namely,
each one of the said sovereigns shall appoint three astrologers
and three pilots or three mariners who are experts in navigation,
who shall assemble at a place on the frontier between the kingdoms,
where it shall be agreed that they assemble, within four months of the
time when the emperor and king of Castilla, or his successors, shall
be notified by the said King of Portugal to appoint a day. There they
will consult, covenant, and agree upon the manner of ascertaining the
right of said proprietorship conformable to said treaty and contract
made between the said Catholic sovereigns, Don Fernando and Dona
Isabel, and the said King Dom Joam the Second of Portugal. In case
the said emperor and king of Castilla be judged to have the right
of said proprietorship, such sentence will not be executed nor used
until the said emperor and king of Castilla or his successors shall
first have actually returned all the said three hundred and fifty
thousand ducats, which by virtue of this contract shall have been
given. If the right of proprietorship be conceded to the said King
of Portugal, the said emperor and king of Castilla or his successors
shall be obliged actually to return the said three hundred and fifty
thousand ducats to said King of Portugal or his successors within
the first four years ensuing after the date of such sentence.

_Item_: It was covenanted and agreed by said deputies, in the names
of their said constituents, that, since this contract of sale shall
be valid and hold good henceforth from date, if any spices or drugs
of any sort whatever be brought to any ports or parts of the kingdoms
and seigniories of either of the said constituents, in charge of the
vassals, subjects or natives of the kingdoms of the said emperor and
king of Castilla or by any other persons whomsoever who may not be
vassals, subjects, or natives of said kingdoms, then the said emperor
and king of Castilla in his kingdoms and seigniories, and the said King
of Portugal in his, shall be obliged to order and cause, and they shall
order and cause, the said spices or drugs to be deposited securely,
without him to whose kingdom they have been brought being so notified
to do so by the other side; but they shall be deposited in the name
of both, in the power of the person or persons whom each one of the
said sovereigns shall have ordered to take charge of said deposit
in his lands and seigniories. The said sovereigns shall be obliged
to order and cause such deposit to be made in the manner abovesaid,
whether the said spices or drugs are found in the possession of those
who brought them, or in the power of any other person or persons, in
whatsoever regions or districts they shall have been found. The said
emperor and kings shall be obliged to give notification to this effect
henceforth throughout all their kingdoms and seigniories, so that these
instructions may be complied with and no one may plead ignorance of
them. The said spices or drugs having been taken to any ports or lands
that do not belong to either one of said sovereigns, provided they are
not those of enemies, either one of them, by virtue of this contract,
may require, in the name of both, and without showing any further
provision or power of the other to the justice of the kingdoms and
seigniories where said drugs or spices happen to be or to have been
found, and they may order them to be deposited, and they shall be
deposited. In whatsoever ports said drugs or spices are thus found,
they will be under embargo and deposited by both until it is known from
whese demarcation they were taken. In order to ascertain if the places
and lands from which the said spices or drugs are taken and brought,
fall within the demarcation and limits which by this contract remain
to the said King of Castilla, and if they contain the said spices or
drugs, the said emperor and kings shall despatch two or four ships,
an equal number being sent by both. In these an equal number of persons
from both sides, sworn to fulfil their obligation, will sail to those
places and lands whence the said spices or drugs were said to have
been taken and brought in order to ascertain and determine within
whose demarcation are situated the said lands and places whence the
said spices or drugs are said to have been brought. Should it be found
that said places and lands are within the demarcation of the said
emperor and king of Castilla, that the said spices and drugs exist
there in such quantity that they could reasonably be carried away;
then the said deposit shall be given up and freely delivered to the
said emperor and king of Castilla, without his being obliged to pay
any costs, expenses, interests, or any other thing. If, on the other
hand, it be discovered that said drugs or spices were taken from the
districts and lands belonging to the said King of Portugal, the said
deposit shall be ceded and delivered in like manner to the said King
of Portugal without his being obliged to pay any costs, expenses,
interests, nor anything whatsoever. The persons who thus imported said
drugs or spices shall be penalized and punished by the said emperor and
king of Castilla or by his justices, as violators of peace and faith,
according to law. Each one of the aforesaid, the emperor and king of
Castilla and the King of Portugal, shall be obliged to send as many
ships and persons as may be required by the other. As soon as the
said spices or drugs shall be deposited and placed under embargo in
the manner aforesaid, neither the said emperor and king of Castilla,
nor his agents, nor any one with his favor or consent, shall go or
send to the said land or lands whence were taken the said drugs or
spices in this manner. All that is set forth in this section about
the deposit of the spices or drugs, shall not be understood to refer
to the spices or drugs which may come to any places whatsoever for
the said King of Portugal.

_Item_: It is covenanted and agreed, that, in all the islands, lands,
and seas within the said line, the vessels and people of the said
emperor and king of Castilla or of his subjects, vassals or natives of
his kingdom, or any others (although these latter be not his subjects,
vassals, or natives of his kingdoms) shall not, with or without his
command, consent, favor, and aid, enter, navigate, barter, traffic,
or take on board anything whatsoever that may be in said islands,
lands, or seas. Whosoever shall henceforth violate any of the aforesaid
provisions, or who shall be found within said line, shall be seized by
any captain, captains, or people of the said King of Portugal and shall
be tried, chastised and punished by the said captains, as privateers
and violators of the peace. Should they not be found inside of said
line by the said captains or people of the said King of Portugal and
should come to any port, land, or seigniory whatsoever of the said
emperor and king of Castilla, the said emperor and king of Castilla,
by his justices in that place, shall be obliged and bound to take
and hold them. In the meantime the warrants and examinations proving
their guilt in each of the abovesaid things, shall be sent by the said
King of Portugal, or by his justices, and they shall be punished and
chastised exactly as evil-doers and violators of the peace and faith.

_Item_: It is covenanted and agreed by said deputies that the said
emperor and king of Castilla shall not, personally or through an
agent, send the natives of his kingdoms, his vassals, subjects, or
aliens (and although these latter be not natives of his kingdoms,
or his vassals or subjects), to the said islands, lands, and seas
within said line, nor shall he consent nor give them aid or favor
or permit them to go there, contrary to the form and determination
of this contract. Rather he shall be obliged to forbid, suppress,
and prevent it as much as possible. Should the said emperor and
king of Castilla, personally or through an agent, send natives of
his kingdoms, or his vassals, subjects or aliens (although these
latter be not natives of his kingdoms, or his vassals or subjects),
to the said islands, lands, or seas within the said line or consent
to such a thing, giving them aid, or favor, or permitting them to
go contrary to the form and determination of this contract; and
should he not forbid, suppress, or prevent it, as much as possible,
the said agreement of _retro vedendo_ becomes null and void; and the
said King of Portugal shall no longer be obliged to receive the said
sum, nor to sell back the rights and dominion which the said emperor
and king of Castilla might have therein in any manner whatsoever,
but which he has sold, renounced and delivered to the said King
of Portugal by virtue of this contract, by this very act, the said
sale shall remain complete and valid forever, as if at first it were
made without condition and agreement to sell back. However, since
it may happen that, when the aforesaid subjects, natives, or vassals
of the said emperor and king of Castilla navigating as aforesaid in
the southern seas, should meet with winds so tempestuous or contrary
that they would be constrained by necessity to continue their course
and navigation within the said line, they shall in such case incur no
penalty whatever. On the contrary, when, in such circumstances, they
shall come to and anchor at any land included within the said line,
pertaining by virtue of this contract to the said King of Portugal,
they shall be treated by his subjects, vassals, and inhabitants of
said land as the vassals of his brother, as in the same manner the
emperor and king of Castilla would command the Portuguese subjects to
be treated who should in like manner arrive at ports in his lands of
Nueva Espana or in any other of his ports. It is understood, however,
that, when such necessity ceases, they shall immediately set sail
and return to their part of the southern seas. Should the aforesaid
subjects cross said line through ignorance, it is herein covenanted and
agreed that they shall incur on that account no penalty whatsoever,
and as long as it is not fully evident that they know themselves to
be within the said line, they shall not turn about and go outside of
it, as is covenanted and agreed in case of entering on account of
tempestuous and contrary winds or necessity. But, when such a fact
is quite evident, if it shall be proved that they have entered the
line maliciously, they shall be punished and dealt with as those
who shall enter the line as aforesaid and as is set forth in this
contract. Should the aforesaid discover any islands or lands, while
navigating within the said line, such islands or lands shall belong
freely and actually to the said King of Portugal and his successors,
as if they were discovered, found, and taken possession of by his own
captains and vassals, at such time. It is covenanted and agreed by said
deputies that the ships and vessels of the said emperor and king of
Castilla and those of his subjects, vassals, and the natives of his
kingdoms, may navigate and pass through the seas of the said King of
Portugal, whence his fleets sail for India, only as much as may be
necessary to take a due course toward the strait of Magalhanes. And
if they violate the abovesaid, and sail farther over the said seas
of the said King of Portugal than is mentioned above, both the said
emperor and king of Castilla, if it is proved that they did it by
his order, countenance, aid, or consent, and those sailing in this
manner and violating the abovesaid, shall incur the above penalties,
in the completeness set forth above in this contract.

_Item_: It was covenanted and agreed that if any of the subjects of
the said emperor and king of Castilla or any others shall henceforth
be seized and found within the said limits above declared, they shall
be imprisoned by any captain, captains, or subjects whatsoever of the
said King of Portugal and shall be tried, chastised, and punished
as privateers, violators, and disturbers of the peace by the said
captains. Should they not be discovered within the said line, and
should afterwards come to any port whatever of the said emperor and
king of Castilla, his majesty and his justices shall be obliged to
seize and imprison them, until the warrants and testimonies sent by the
said King of Portugal, or his justices, shall have been presented. If
proved guilty of the aforesaid offenses they shall be punished and
chastised to the limit as evil-doers and violators of the faith and
peace, and of everything else set forth in this contract in regard to
the crossing of said line by any subjects of the said emperor and king
of Castilla, or any others by his command, consent, favor, or aid. It
is understood that these penalties shall apply from the day when the
subjects and people of the said Emperor now in and navigating those
seas and regions shall be notified. Before such notification they
shall not incur said penalties. It is to be understood, however, that
the aforesaid refers to the people of the fleets of the said Emperor,
which have until now gone to those parts and that no others be sent
without incurring said penalties from the day of the signing of this
contract, and henceforth during the time that the said sale be not
canceled in the aforesaid manner.

_Item_: It was covenanted and agreed by the said deputies that the
said King of Portugal shall not build nor order built for himself,
or any other, any new fortress whatever in Maluco, nor within twenty
leagues of it, nor any nearer Maluco than the line which is to be
drawn according to this contract. It is covenanted unanimously by the
said deputies of both sides that this provision shall take effect,
namely, from the time that the said King of Portugal can send there
a notification to make no new fortress whatever; that is to say, in
the first fleet which shall sail for India from the said kingdom of
Portugal, after this contract shall have been confirmed and approved
by the said constituents, and sealed with their seals. There shall be
no new work whatsoever undertaken on the fortress which is already
built at Maluquo, from the said time henceforth; it shall only be
repaired and kept in the same condition in which it may be at the
aforesaid time, if the said King of Portugal so desires; to the above
he shall swear and promise full compliance.

_Item_: It was covenanted and agreed that the fleets, which heretofore
have been despatched to those regions by the said emperor and king of
Castilla, be well treated in every way, by the said King of Portugal
and his people; and that no embargo or obstacle to their navigation or
traffic be imposed upon them. If there should be any damage, which is
not looked for however, which they shall have received or shall receive
from his captains or people, or shall anything have been seized from
them, the said King of Portugal shall be obliged to give satisfaction,
restore, make good and pay immediately all such damages suffered by
the said emperor and king of Castilla, and his subjects and fleets;
he shall order the offenders to be punished and chastised and he shall
allow the fleets and people of the said emperor and king of Castilla
to come and go as they please, freely without any obstacle whatever.

_Item_: It is covenanted that the said emperor and king of Castilla
command letters and instructions to be given immediately to his
captains and subjects who are in the said islands that they do no more
trading henceforth and return at once, provided that they be allowed
to bring freely whatever goods they shall have already bartered,
traded, and taken on board.

_Item_: It is covenanted, agreed, and provided that in the instructions
and letters relating to this covenant and contract, which are to
be given and despatched by the said emperor and king of Castilla,
it shall declare that this statement, instruction, and contract as
above made is as binding as though it were made and passed in the
general courts, with the express consent of the attorneys thereof;
and to make it valid by his royal and absolute power, which, as king
and natural lord, recognizing no temporal superior, he may exercise and
shall exercise, abrogate, abolish, repeal, and annul the supplication
made by the attorneys of the cities and towns of these kingdoms at
the court held in the city of Toledo, in the past year, five hundred
and twenty-five, concerning the trade of the said islands and lands,
the reply given to it, and any law that was made on this subject in
the said courts or in any others that may conflict with this.

_Item_: It is hereby covenanted that the said King of Portugal promises
to command manifest, sincere, and summary justice to be executed,
because certain subjects of the said emperor and king of Castilla and
other aliens of his kingdoms who entered his service complain that
their possessions have been seized by his House of Trade in India
and in his kingdoms, without any respect to the annoyance caused
them thereby, because they have entered the service and did serve
the said Emperor.

_Item_: It was covenanted and agreed by the said deputies in the
names of their said constituents that the treaties negotiated between
the said Catholic sovereigns, Don Fernando and Dona Ysabel and the
King Dom Joam the Second of Portugal in regard to the demarcation of
the Ocean Sea shall remain valid and binding _in toto_ and in every
particular, as is therein contained and declared, excepting those
things which are otherwise covenanted and agreed upon in this contract
In case the said emperor and king of Castilla returns the sum which
according to this contract is to be given in the manner aforesaid,
thus canceling the sale, the said treaties negotiated between the said
Catholic sovereigns Don Fernando and Dona Ysabel and the said King Dom
Joam the Second of Portugal, shall remain in full force and power,
as if this contract were not made; and the said constituents shall
be obliged to comply with it in every respect, as is therein stated.

_Item_: It is covenanted and agreed by the said attorneys that
although the rights and dominion which the said emperor and king
of Castilla claims to possess in the said lands, districts, seas,
and islands and which he sells to the said King of Portugal in the
manner abovesaid are worth more than half of the just price given, and
the said emperor and king of Castilla has certain definite knowledge
through exact information of persons who are experts on the subject,
and who have investigated and ascertained definitely, that said rights
are of much greater value and worth, more than half of the just price
that the said King of Portugal gives to the said emperor and king of
Castilla he is pleased to make him a gift of it, as he does in fact,
which from the said day henceforth shall be valid between the living,
of the said excess in value above the half of the just price, however
great that excess may be. This excess in value above the half of
the just price, the said emperor and king of Castilla relinquishes
for himself and his successors, and disunites the same from the royal
crown of his kingdoms forever, and delivers it entire to the said King
of Portugal, to him and to his successors and crown of his kingdoms,
really and effectually, in the aforesaid manner, and during the time
of this contract.

[The treaty provides further that he who may violate its provisions in
any way, shall lose all his rights therein, and shall in addition pay
a fine of two hundred thousand ducats to the other. The Pope is to be
asked to confirm it by a bull, imposing the penalty of excommunication
for its violation. The deputies promise most fully and under oath
that their respective constituents shall observe all the provisions.]

Papal Bull, _Eximiae_

November 16, 1501

_Source_: See Bibliographical Data at end of this volume.

_Translation_: By Rev. Thomas Cooke Middleton, O.S.A.

Bull, _Eximiae_--November 16, 1501

Alexander, bishop, servant of the servants of God: to the Catholic
sovereigns of Spain--Ferdinand the king, dearest son in Christ, and
to Elizabeth [Isabella] the queen, dearest daughter in Christ, health
and Apostolic blessing. The sincerity of your great devotion and the
unswerving faith with which you honor us and the Roman Church merit,
and not unworthily, that your wishes, especially those relating to
the spread of the Catholic faith, and the overthrow of infidel and
barbarous nations, should be freely and promptly granted. Indeed,
on your behalf, a petition recently laid before us set forth that,
impelled by pious devotion for the spread of the Catholic faith,
you greatly desire--inasmuch as quite recently, and not without
great expense and effort on your part, you began and from day to day
continue to do more toward the capture and recovery of the islands
and regions of the Indies, to the end that in those lands wherever
any accursed belief obtains, the Most High should be worshiped and
revered; and inasmuch as for the recovery of the islands and regions
aforesaid, it will be incumbent upon you to incur heavy expenses and
undergo great perils, it is expedient that for the conservation and
maintenance of the said islands, after their capture and recovery
by you, and for the defraying of the expenses necessary for the
conservation and maintenance of the same,--you should be empowered
to exact and levy tithes [200] on the inhabitants of the aforesaid
islands and dwellers therein for the time being. On this account
we have been humbly petitioned on your behalf to deign through our
apostolic graciousness to make in the premises suitable provision for
you and your state. Therefore yearning most eagerly for the spread
and increase of that same faith particularly in our own days, we
commend in the Lord your loving and praiseworthy purpose, and being
favorably disposed thereto we hereby through our apostolic power in
virtue of these presents do as a special favor grant to you and your
successors for the time being that in the aforesaid islands after their
capture and recovery (as observed) you may receive a tithe from the
inhabitants thereof and the dwellers therein for the time being, and
levy the same freely and lawfully, providing after dioceses shall there
be established (whereon we charge your consciences as well as your
successors'), you first from your own and their estate shall really
and effectively devise a sufficient revenue for the establishment of
churches in those islands through you and your aforesaid successors,
whereby the incumbents of the same and their administrators may
support themselves suitably, carry on the necessary work of those
churches for the time being, as well as celebrate rightly the divine
worship of Almighty God, and fulfil all diocesan requirements. The
Lateran Council, other apostolic constitutions and ordinances or other
decrees, to the contrary notwithstanding. Let no one then infringe this
our grant, nor dare with rashness to contravene its provisions. But
should any one presume to set it at naught, let him recognize that
he has thereby incurred the displeasure of Almighty God, and of the
Blessed Apostles Peter and Paul. Given at Rome at St. Peter's, in the
year of the incarnation of our Lord one thousand five hundred and one,
the sixteenth day of November, the tenth year of our Pontificate.

[The signatures and authorizations follow.]

Life and Voyage of Fernao de Magalhaes--1518-27

[Resume of contemporaneous documents--1518-27.]
Letter of authorization to Falero and Magallanes--March 22, 1518.
*Carta de el-rei de Castella para El-rei D. Manuel--February 28, 1519.
Instructions to Juan de Cartagena--April 6, 1519.
*Carta de rei de Castella a Fernando de Magalhaes e a Ruy Falero--April
19, 1519.
*Extracto de una carta de las Indias--1522.
De Molvccis Insulis: Maximilianus Transylvanus--1523.

_Sources_: See Bibliographical Data at end of this volume.

_Translations_: The first and the fifth of these documents are
translated by James A. Robertson; the second and fourth by Jose
M. Asensio; the third by Francis W. Snow; the sixth by Frederic
W. Morrison; for the last, we use the translation made by the late
Henry Stevens (published in his _Johann Schoener_.)

* Documents marked by an asterisk are here presented in both the
original text and English translation.

Resume of Contemporaneous Documents--1518-27

[_Prefatory Note_: The scope of the present series does not demand the
publication _in extenso_ of many documents on this subject. Those who
wish to study it in detail will find abundant material in volume iv
of the _Coleccion de viages_ published by Navarrete (Madrid, 1829);
we present only a brief resume of these documents, inserted here to
preserve the continuity of our narrative, and to indicate to students
the extent and scope of such material. [201]

Navarrete precedes these documents by a brief and somewhat imperfect
summary of early discoveries; a biographical sketch of Magalhaes,
with proofs, citations, etc., by way of authentication thereof--these
citations being drawn from the authors Fray Antonio de San Roman,
Herrera, Gomara, Munoz, Quintana, Barros, Maximilianus Transylvanus,
Argensola, and others; a letter by Ruy Falero; extract from Magalhaes's
will; [202] a memorandum addressed by him to the emperor; [203] and
a compilation from early authors and from the documents that follow,
giving full citations of authorities. The documents here mentioned
are given by Navarrete in the appendix to volume iv, at pp. 110-406;
some of them have been already presented in connection with the Line
of Demarcation.]

Valladolid, February 23, 1518. Rui Faller (Ruy Falero) and Fernando
Magallanes, [204] both Portuguese, bind themselves to deliver to
the factor of the India House of Trade at Seville the eighth part
of everything they may find in their discoveries in the spice
regions. This is promised in the following words: "Know all ye
who shall see this public testament that we, Rui Faller, citizen
of Cunilla, in the kingdom of Portugal, and Fernando de Magallanes,
citizen of the city of Puerto [Oporto], in the same kingdom, consent,
make manifest, and declare that, inasmuch as it has been agreed
between us, as parties of the first part, and you, Juan de Aranda,
Factor for the King, our Lord, and citizen of the city of Burgos, in
the House of Trade of the Indies of the city of Sevilla, as party of
the second part, that of all gain and income pertaining to us from the
discovery of lands and islands (which if God wills we are to discover
and find in the lands, limits, and demarcations of our Master the
King, Don Carlos) you shall have the eighth part. And we shall give
this to you from all the income and gain accruing to us therefrom,
whether in money, allotment, or rent, or by virtue of our office, or
in anything else whatever, of whatever quantity and quality, without
any shortage, and without deducting or excepting anything whatever
of our possessions." They promise this in extended terms and under
oath. The factor approves the document and promises to abide by all
its provisions. (No. i, pp. 111-113.)

March, 1518. The same two men in an unsigned document petition the
king on various matters connected with the proposed expedition. To
each section is appended the monarch's objections, approbations,
or other remarks.

1. That no permit be given for ten years to any other person to make
an expedition of discovery in those regions "where we are about to
go, ... if we desire to undertake such discovery, with as sufficient
equipment and as many ships as the other;" and that they be informed
of such tentative expeditions, so that they may go themselves or
commission agents.

2. That they receive the twentieth part of all profits after
expenses are paid, with the title of admiral, and the governorship
for themselves and heirs of all lands discovered.

3. That they be allowed to employ in the newly-discovered lands as
they see fit, one thousand ducats worth of merchandise (first cost)
each year, giving to the king the twentieth part, without other rights
or taxes.

4. That they be allowed to choose for themselves two islands, if the
number discovered exceeds six, giving to the crown ten per cent of
all profits therefrom.

5. That one-fifth of all net profits derived from the expedition be
allotted them on its return, and that each year they may carry one
hundred quintals' weight of merchandise in any ship sailing from
those regions.

6. That the twentieth part of all profits accruing from the royal
ships or any others be given them for ten years.

7. That if his Highness undertake at his cost the armament of the
fleet, they promise to prove to him the vast wealth of the lands and
islands that will be discovered within his dominions.

8. That if one of them die on the expedition the other, or his heirs
and successors, be ordered to fulfil everything as if both were living.

9. That the king order the strict observance of the above.

If the king prefers them to assume the expenses of the expedition
they propose the following:

1. That all the lands and islands discovered by them or their agents
belong to them "with all traffic, seigniory, and government," giving
to the crown one-fifth of all net profits.

2. That no other ships, either of the king or any other person,
be allowed to trade in such lands, under penalty of confiscation by
the petitioners.

3. That no other commissions for expeditions of discovery be given
for ten years.

4 and 5. Provision in case of death, and provision for
fulfilment. (No. ii, pp. 113-116; _vide infra,_ "Instructions to
Carthagena," p. 280.)

Zaragoza, July 20, 1518. The King writes to the officials of the
House of Trade, approving the contemplated expedition, and regarding
the expenditures of moneys and the fitting out of the fleet. [205]
(No. v, pp. 122, 123.)

October 24, 1518. Magallanes writes the king enumerating and amplifying
certain information and requests concerning the fleet, contained in
a letter written by him to his majesty on the fifteenth of the same
month. This letter had been despatched by a post sent by the House of
Trade. Besides giving a full account of the preparations of the fleet,
[206] it begs that the balance of the 16,000 ducats, "without which we
cannot finish" be provided; and that the 5,400 ducats lacking be taken
from the 11,000 ducats in the house. He asks also an increase of the
3,000 ducats for merchandise, "since the profits accruing therefrom
might be twenty-fold, estimating conservatively; and therefore I
desired all the gain to be your Highness's." Also, he asks that the
officials pay for the armament, weapons, and powder of the fleet,
which have been paid out of the 16,000 ducats, but which the king was
to provide. He complains of the antagonism of the officials at Seville,
relating a serious conflict that had taken place two days before. He
had caused his banners, bearing his arms to be flung from one of the
vessels. The Spaniards, incited thereto, claimed that they were those
of the King of Portugal, and attempted to arouse sentiment against him
and cause his arrest. This evil treatment, in which he did not receive
the aid and countenance of the officials, he says, was not done to him
"as Fernando de Magallanes, but as your highness's Captain." [207]
(No. vii, pp. 124-127.)

March 30, 1519. By a royal decree Luis de Mendoza is appointed
treasurer of the fleet, and 60,000 maravedis are assigned as his
annual salary during the voyage. Juan de Cartagena is appointed
inspector-general, "and he shall exercise the duties of that trust
in accordance with the instructions [_q. v. post_] given him under
the King's signature." He is to receive "70,000 maravedis from the
time of the departure of the fleet from Spain until its return." The
latter is also appointed "Captain of the third ship of the fleet of
Fernando Magallanes and Rui Falero," "with an annual salary of 40,000
maravedis." (Nos. viii-x, [208] pp. 127, 128.)

April 6, 1519. Gaspar de Quesada is appointed "Captain of the fourth
or fifth ship of the fleet in the expedition of discovery of the
spice regions, and Antonio Coca accountant, who shall have account of
everything contained in the ships, giving note of everything to the
Treasurer." The latter is to receive 50,000 maravedis a year. (Nos. xi,
xii, pp. 128, 129.) [209]

Barcelona, May 5, 1519. A letter from the king to the "officials of
the House of Trade of the Indies" states that there are to be two
hundred and thirty-five men [210] in the fleet, and orders, "because
calculation would have to be made for them in the provisioning and
in other things, if there were a greater number," "that they do not
allow, or give place in the said fleet, for any reason whatsoever,
for more than the two hundred and thirty-five men." They may even
specify a less number if it seems expedient. "All the seamen who
sail in the said fleet shall be received under the supervision of
our Captain Fernando de Magallanes, as he is the most experienced in
such things." Full declarations in writing must be made of the route
to be followed and a copy shall be given to each pilot. The officials
are ordered to buy from Magallanes the excess of powder, arms, etc.,
that has been provided for the fleet, "since it can be used in other
things," paying him what it cost. (No. xiii, pp. 129, 130.)

Barcelona, May 8, 1519. The instructions given to Magallanes and Falero
discuss more or less fully such points as the method and manner of
navigation (information as to routes given to the other captains
and pilots, method of signaling at night, and manner of procedure
in case the vessels become separated); treatment of natives found,
treatment of other vessels found trading in these spice regions,
"within our demarcation," such treatment differing if the vessels are
those of Christians or of Moros (Mahometans); ransoms and exchange
of prisoners; trade with the natives; division of prize-money;
reprovisioning the ships; giving of rations; keeping of accounts;
regulations concerning firearms; penalties for disobedience to the
captain-general; the taking of oaths; morals; discoveries; weights
and measures in trading; deaths of officers of the fleet, and the
cargo. Above all, the domains and demarcation of the Portuguese
monarch must be respected. The exact location of all lands must be
noted, and if these are inhabited they are to "try to ascertain if
there is anything in that land that will be to our interest." The
natives must be well treated, in order that food and water may be
obtained. When the land of spices is reached "you will make a treaty
of peace or trade with the king or lord of that land." As high a
valuation as possible is to be placed on the articles traded from the
ships. The inspector-general and accountant shall note everything
in their books. Other vessels found in the spice regions shall, if
Christians, be warned not to trade further without permission, under
penalty of seizure and confiscation of property; if Moros, "not of
the lands of our demarcation, you shall seize them in fair war," and
the gold, etc., found in their ships must be noted carefully in the
books. Moros who may, by their rank, avail for ransom are to be well
treated, but they may be sold as slaves. If Moros are found "who are
of our demarcation," they must be well treated; and a treaty must be
made, if possible, with their king or seignior. If they do not desire
peace, then the Castilians may exercise a certain amount of cruelty
against them to serve as a warning. Of the prize money or merchandise
of captured ships, certain percentages are to be given to all, these
portions varying. The King's share (one-fifth of the amount remaining,
after deducting certain sums that go to the captain-generals, and the
one-twentieth for the redemption of captives) is to be set apart for
him. One-fifth of what remains shall be given the captain-generals. The
remainder is to be divided into three parts, "of which two parts
are for us and the ships, and one for the crews." Of the latter,
ten parts are to be used for religious purposes. Good treatment is
to be accorded the natives in order that pleasant trade-relations may
be established. The physicians and surgeons are to take no money from
the natives for medical services, not even from their enemies who are
wounded in war. And the captain-generals must see that the men have
no intercourse with the native women. Entire freedom must be accorded
to every one to write what he pleases to Spain; and no letter must be
seized, under penalties to be imposed by the captain-generals. They
must guard against fire. In case of the death of any of the crew,
it is advisable to get slaves to fill their places. Rations are to be
given every two days, "and if it becomes necessary to shorten rations,
they shall be shortened." Dissatisfaction as to the length of the
voyage must not be expressed. The firearms are not to be discharged
on any newly-discovered land, "because the Indians fear this more than
anything else." No weapons shall be sold, under penalty of loss of all
property to the one so doing. Blasphemers, and card- and dice-players
are not to be allowed to ship with the crew. The captain-generals
have power to devise and execute punishments against disobedient men
of their crews. Oath shall be taken before the captain-generals by
all their crews to observe obedience and the King's service. If it is
necessary to seize water and provisions because of the hostility of
the natives, it shall be done, but with as little scandal and show of
force as possible. Samples of all products must be brought from the
lands discovered. "Ready-made clothes and other articles to give to
the kings and other princes of these lands shall be carried." "And if
the kings or seigniors of the land give any jewels or presents, they
shall be ours, and the inspector-general or accountant shall place
them in charge of the treasurer." No presents shall be given without
permission of the officers of the fleet. Everything traded must be
noted carefully and minutely in the books of the inspector-general
and accountant. If the return cargo is spice, it must be obtained as
clean as possible. The ships' cargoes must be traded first before
any private affairs are attended to. Full notices must be made in
the books regarding each member of the crew--his father and mother,
whether he is single or married, etc., in order that his heirs may be
known. Each person before embarking must have attended confession and
communion. In case any officer dies, another is to be elected in his
stead; but one-half of all the pay, etc., that would fall to the said
officer shall be given to his heirs, and the other half shall go to
the one taking his place. Any Portuguese or other Christians found in
the lands discovered must be treated well, in order to gain information
from them. "If by any chance you should meet ships from Portugal within
our limits, bid them quietly to leave the land, because in their own
requirements given by our very dear and well-loved uncle and brother,
it is forbidden to them to enter or discover in the lands and limits
belonging to us, and the same is forbidden to you by us." The cargoes
must be given up by such ships, if not peaceably, then by means of
force, provided "you can seize it without much loss to yourself." A
list is appended of the amount of freight that each one may take in
the vessels. A copy of these instructions is to be given to Juan de
Cartagena, the inspector-general. This document was copied from his
books by the secretary Joan de Samano in 1524. (No. xiv, pp. 130-152.)

Seville, 1519. The officials of the house of trade show to Magalhaes
an order from the King (dated at Barcelona, July 26, 1519), "by which
his Highness orders that the commander Rui Falero remain behind and
not go as captain jointly with him in the fleet which his Highness
orders to be prepared for the spice regions; and also that the said
official judges name and appoint the stewards sailing in the said
fleet, and as secretaries of the ships of the said fleet shall go those
appointed by the said commander [Magalhaes] if they are natives [of
his kingdom]." Juan de Cartagena is appointed in Ruy Falero's place
as _conjunta persona_, and Francisco, brother of Ruy, is appointed
captain of one of the ships. Magalhaes says in his communication
to the officials of the House of Trade that he consents to Falero
remaining behind, provided the latter surrender to them and to him the
"elevations of east and west longitude, with all the rules accompanying
them, that they may remain in the said house and be kept in the
said fleet." He justifies, the first appointment of two Portuguese
stewards, both of whom he declares to be good and faithful men. "If
they should prove unfaithful then they shall be removed." As for his
Highness ordering that "no Portuguese seamen sail in the fleet,"
these men had been accepted by the masters of the said ships, and
Magalhaes "received them as he did many other foreigners,--namely,
Venetians, Greeks, Bretons, French, German, and Genovese,--because,
at the time he took them, natives of these kingdoms were lacking." He
signifies his willingness to accept others in place of the Portuguese,
provided they make no extra expense. In regard to the order not to ship
Portuguese, if such a cause could be shown in the contract that he and
Falero made with the King at Barcelona he would keep it; but otherwise
he "would keep only the contract and instructions given to him in
Barcelona." He would not observe anything contrary to this contract,
even if ordered by the King and Council. That the King wishes no change
in the instructions is evident, because Juan de Cartagena has been
ordered not to make any innovation. Magalhaes notifies the officials
not to interfere with his taking the Portuguese who had shipped in
the fleet; the blame will be theirs if, now, when everything is in
readiness, they obstruct in any way the expedition. The officials
of the house of trade reply, asking Magalhaes to keep the commands
that have come from the king. Ruy Falero will give up all that is
needed. They believe that the two Portuguese stewards appointed by
Magalhaes are honest men; but it is against the king's orders to carry
men of that nation. Letters from the king are cited to the effect that
Magalhaes and Falero take only four or five Portuguese apiece. They
urge him to live up to these orders. (No. xvi, pp. 156-162.)

September, 1519. On setting out upon his voyage Magalhaes leaves
for the king a memorandum of the latitudes and location of the
Spice Islands, and the shores and principal capes in the Castilian
demarcation, "because some time the Portuguese King may try to declare
that the islands of Maluco are within his demarcation." He bids the
king keep this memorandum carefully, for there may be a time when it
is necessary. (No. xix, pp. 188, 189.)

On the nineteenth of April, 1520, while at port San Julian, Magalhaes
ordered an investigation of a petition presented by Alvaro de la
Mezquita, captain of the ship "San Antonio." The petition states
that on the first of April Gaspar de Quesada and Juan de Cartagena
appeared at Mezquita's ship, took him prisoner, and made themselves
masters of the vessel. Quesada refused to liberate the prisoner at
the request of the master, and checked the intended resistance of the
remaining officers and crew of the "San Antonio" by severely wounding
the master, Juan de Elorriaga and ordering the others disarmed. The
mate was taken prisoner, and carried to the "Concepcion." Antonio de
Coca, accountant of the fleet, was a party to the conspiracy. Juan de
Sebastian del Cano, master of the "Concepcion," was placed in command
of the captured vessel, which was put in a state of defense, all guns
being mounted in place. Mezquita asks for a thorough investigation of
this case, so that the fleet may be cleared of traitors. The charges of
wastefulness and cruelty preferred against him, he wishes examined;
and, if he is worthy of punishment, let it be administered. This
petition was presented on the fifteenth, and acknowledged on the
seventeenth. The testimonies were given before a notary on and after
April 19, and certified on the twenty-sixth. In the investigations the
depositions were taken of the chaplain of the fleet, and of the notary,
the pilot, a sailor, the boatswain, the steward, and the master of the
"San Antonio." In the main they are all alike, exonerating Mezquita
from all charges and condemning Quesada and his accomplices. On the
return to Seville of the "Victoria" (in which Mezquita was carried a
prisoner), these depositions were presented, through the efforts of
Diego Barbosa, to the alcalde-in-ordinary (May 22, 1523). (No. xx,
pp. 189-201.)

Seville, May 12, 1521. The accountant Juan Lopez de Recalde writes to
the bishop of Burgos on this date of the arrival of the "San Antonio"
at the port of Seville, Las Muelas. The captain of the vessel now was
"Geronimo Guerra, a relative and servant of Cristobal de Haro, and
its pilot Esteban, a Portuguese." "They brought as prisoner Alvaro de
la Mezquita, eldest son of Magallanes's brother, who was appointed
captain of this said ship in place of Juan de Cartagena." Mezquita
was transferred to a prison on shore, at which Barbosa, "Magallanes's
father-in-law, showed much resentment, saying that he ought to be
set free and those who brought him imprisoned." The letter relates
the discord between Magalhaes and certain of the other officers of the
fleet; the imprisonment of Mezquita by Cartagena; the attempted mutiny;
the tragic deaths of Mendoza, the treasurer, and Quesada; and other
vigorous measures of Magalhaes in quelling the outbreak. He relates the
separation in the strait of the "San Antonio" from the other vessels,
and the determination of the men of this vessel to return to Spain,
notwithstanding the opposition of Mezquita. The latter coming to blows
with the pilot Esteban Gomez was arrested and "they came direct to this
port, eating three ounces of bread each day, because their provisions
had failed. In the judgment and opinion of those who have come, the
said Magallanes will not return to Castilla." (No. xxi, pp. 201-208.)

A journal or log of Magalhaes's voyage was written by Francisco
Albo, covering the voyage from cape San Agustin in Brazil until the
"Victoria" [the first ship to circumnavigate the globe] returned
to Spain. The log begins November 29, 1519, and ends September
4, 1522. The entries are for the most part very brief. It shows
that the fleet sighted or touched at various points, among them "a
mountain shaped like a hat, which we called Monte Vidi, now corruptly
called Santo Vidio [today Montevideo], [211] and between it and Cape
Santa Maria... a river called the Patos River;" also, farther on,
"a very great river... Solis [today Rio de la Plata]." The record
for October 21-December 1, 1520, says: "On the twenty-first of
the said month we took the sun in fifty-two degrees at a distance
from land of five leagues. And there we saw an opening like a bay;
at its entrance toward the left was a long sandy point. The cape we
discovered before this point is called Cape Las Virgines. The point


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