Volume I, 1493-1529 (continued 4)

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 Acuña, 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," Bartolomé Ruiz de Castañeda 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," Búrgos, March 20, 1854.]

[Two letters follow, both bearing the date, March 21, 1524, and sent from Búrgos. The first is addressed to the licentiates Acuña, Pedro Manuel, and Barrientos "our deputies." The second is to Hernando Colon, Simon de Alacazaba, Doctor Salaya, Pero Ruiz de Villegas, Fray Tomás 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 Acuña 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 Búrgos, April 10, 1524, and addressed to the licentiates Acuña, 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 Cárlos 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 Estéban 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 Acuña, 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. Búrgos, 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 Acuña, 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. Búrgos, 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 Cárlos I at Lerida, and by João 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 García de Loaysa, [197] bishop of Osma and confessor of the emperor; and Fray García 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 coutiño, 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 Doña 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 Doña 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 España 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 Doña 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 Doña 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, Eximiæ

November 16, 1501

Source: See Bibliographical Data at end of this volume.

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

Bull, Eximiæ—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 Fernão de Magalhães—1518-27

[Résumé of contemporaneous documents—1518-27.] Letter of authorization to Falero and Magallánes—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 Magalhães 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 José 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 Schöner.)

* 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 resumé 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 Magalhães, with proofs, citations, etc., by way of authentication thereof—these citations being drawn from the authors Fray Antonio de San Roman, Herrera, Gomara, Muñoz, Quintana, Barros, Maximilianus Transylvanus, Argensola, and others; a letter by Ruy Falero; extract from Magalhães'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 Magallánes, [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 Magallánes, 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 Cárlos) 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. Magallánes 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 Magallánes, 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 Magallánes 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 Magallánes, 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 Magallánes 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 Magallánes 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 Magalhães 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 [Magalhães] 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. Magalhães 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 Magalhães "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. Magalhães 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 Magalhães 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 Magalhães 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 Magalhães 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 Magalhães 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, Magalhães 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 Búrgos on this date of the arrival of the "San Antonio" at the port of Seville, Las Muelas. The captain of the vessel now was "Gerónimo 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 Magallánes'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, "Magallánes'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 Magalhães 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 Magalhães 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 Magallánes will not return to Castilla." (No. xxi, pp. 201-208.)

A journal or log of Magalhães'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 Vírgines. The point of sand lies in fifty-two degrees of latitude and fifty-two and one-half degrees of longitude. From this sand-point to the other side is about five leagues. Inside this bay we found a strait of about one league in width. From this entrance to the sand-point it is straight east and west. On the left side of the bay is a large angle in which are many sunken rocks. But as you enter you keep toward the north, and as you enter the strait you go toward the southwest by a mid channel. And as you enter you observe some shoals in front at a distance of three leagues from the mouth, and afterward you will find two sandy islets, and then the open channel, and you can doubtless sail at will therein. Passing this strait we found another small bay, and then another strait like unto the first. From one entrance to the other the direction is east and west, and the strait runs from the northeast to the southwest. After we had passed through the two mouths or straits we found a very large bay, and some islands. In one of the latter we anchored and took the altitude, which we found to be fifty-two and one-third degrees. From this point we sailed southeast and found a point to the left, at a distance from the first entrance of about thirty leagues…. There are many turns in this strait, and the mountains are very high and covered with snow. Afterward we sailed northeast by east, passing many islands on the way. At the farther end of the strait the coast turns northward. At the left we saw a cape and an island, and we named them Cape Fermoso and Cape Deseado. It lies in the same altitude as Cape Las Virgines, which is the first point at the entrance. From the said Cape Fermoso we sailed northeast, north, and north-northwest, for two days and three nights, and on the next day we saw land … and this land we saw the first day of December." On the twenty-fourth of January, 1521, they find an islet, which they name San Pablo. On the sixth of March two small islands are sighted, and they see many small sails. A further note of this same day says "The islands of the Ladrones are three hundred leagues from Gilolo." March 16, they sight more islands, giving names to two, Suluan and Yunagan—the first island of the archipelago of San Lázaro [the Philippines]. They land successively at the islands of Gada, Seilani, and Mazava, and pass by or anchor at Matan, Subu, Baibai. "We left Subu sailing southeast … between the Cape of Subu and an island named Bohol; and on the western side of the Cape of Subu is another island, by name, Panilongo, inhabited by blacks. This island and Subu have gold and quantities of ginger…. We anchored at the island of Bohol." Thus the log continues without date for some time, the islands of Quipit, Quagayán, Poluan, and Borney being noted. At the latter place in a brush with the natives, they seize a junk, on which "was a son of the king of Luzon, which is a very large island." The ship passes on through the Moluccas, which are named: "Terrenate, Tidori, Mare, Motil, Maquiam, Bachian, Gilolo—these are all that have cloves." On the fourth of May, 1522, the Cape of Good Hope is founded. (No. xxii, pp. 209-247.)

The cargo of cloves brought by the "Victoria" amounted to three hundred and eighty-one sacks, with a net weight of five hundred and twenty-four quintals, twenty-one and one-half libras. This was delivered to Cristóbal de Haro, through an agent, in accordance with a royal decree of October 10, 1522. The cargo also contained other spices, and a feather ornament, besides the private stores. (No. xxiii, pp. 247, 248.)

October 18, 1522. Certain questions are to be put to those coming in the "Victoria." These included: the cause of the discord between Magalhães and Cartagena and others; the reason for the capture and killing of Mendoza, and if any reward were promised to Espinosa for killing him; the reason for Magalhães's abandonment of Cartagena and the ecclesiastic, and if he acted right toward Quesada, Mendoza, and others; whether the punishments were meted out for the purpose of putting the Portuguese accompanying him, and who were kin to him, in command of the ships; the reason for Magalhães's long delays in various ports, thus wasting provisions and losing valuable time; questions affecting trade; as to the manner in which Magalhães met his death from the Indians, and why some say he died in another manner; those who were left behind at the island where Magalhães had been killed, and whether they could be rescued. Answers are given to these questions by Juan Sebastian Del Cano, captain, Francisco Albo, pilot, and Fernando de Bustamente, barber, all of the "Victoria." (No. xxv, pp. 285-294.)

The expedition begun by Magalhães made treaties of peace with various petty kings or governors among the islands. One was made with the seignior of Poluan, a vassal of the king of Borneo. The interpreter in this treaty was "a Moro who was seized in the island of the king of Lozon and knew some Castilian." Presents were made to seal the peace. Treaties were made also in Tidori, Cebu, and Gilolo. (No. xxvii, pp. 295-298.)

1523. Diego de Barbosa presents a memorandum to the king regarding some events of Magalhães's voyage, and the methods for trading in the spice regions. He cites the memorandum left by the latter on his departure from Seville in 1519. He adds "And now, … I believe that the time has come when this must be investigated, and I determined to present this memorandum to your Majesty in order that you may not be deceived in the routes, and in the trade of those regions which you have in your power, since it was discovered at so great expense and toil to Magallánes, and his death …" He justifies the conduct of the latter, and urges the king to see justice done. Speaking of the trade he says, "Your Majesty should believe that the sport of this business that you have in your power is of what extent you may desire, only your Majesty must know the game well, because in these first beginnings lies its good. Whence I say, that before all else your Majesty ought, in this case, to give such examples to those sailing in the fleet which you expect to have prepared, so that those who go shall not be betrayed … as happened in the past, and that the captain-general … be one who knows thoroughly what he must do, and that those accompanying him go so instructed that after telling him their opinion, they shall not dare to instruct him in his duties; for where confusion exists there is the whole mistake." He urges a powerful fleet in order to be able to show sufficient force to the natives, and to punish those who killed Magalhães. He cites the example of the Portuguese who send large fleets to the east, and gain respect through fear, "for if the King of Portugal has prestige in the Indies, it is because he has always tried to demonstrate his power there, sending as large a fleet as possible each year. Therefore not only did he rule those lands with love and good works, but to a greater degree by means of fear." In the matter of trading, the king should keep control; for if traders are allowed to trade on their own account they will ruin everything, and will sell lower, being content with thirty or forty per cent when they might gain one hundred per cent or more. He advises the king that trading should be under the control of his Majesty's factor. (No. xxviii, pp. 298-301.)

Chainho, 1523. Antonio Brito writes to the king of Portugal in regard to events in India and the voyage of Magalhães. "I arrived at Tidore May 13, 522 [sic]. The Castilians had been there and loaded two of the five vessels that sailed from Castilla; and I learned that the one had left there four months before, and the other one month and a half." On October 20, news is brought of a ship. Brito orders it brought to port, and finds, as he had supposed, that it is a Castilian vessel. Of their crew of fifty-four men, thirty had died. Their maps and instruments are seized; and the ship and cargo confiscated, the wood of the former being used in the fortress. "They said that the bishop of Burgos and Cristóbal de Haro had fitted out this fleet." A short account of the voyage is given. From Rio de Janeiro the Castilians "sailed to the river called Solís, where Fernando Magallánes thought a passage would be found; and they stayed there forty days…. They coasted along shore to a river called San Juan, where they wintered for four months. Here the captains began to ask where he was taking them, especially one Juan de Cartagena…. Then they tried to rise against Magallánes and kill him." The flight of the "San Antonio" is narrated, "and it is not known whether it returned to Castilla or whether it was lost." The discovery of the strait is noted, with a brief description of its location. The succeeding events—the death of Magalhães, the election of two captains (Duarte Barbosa, "a Portuguese, and brother-in-law of Magallánes;… and Juan Serrana, a Castilian"), and the death of Barbosa and thirty-five or thirty-six men at the hands of natives, are briefly narrated. "They sailed to an island called Mindanao … and had an interview with the king, who showed them where Borneo lay," whither they next journeyed. Here they were taken by the natives for Portuguese, and were well treated. They asked for pilots to conduct them to the Moluccas, but the king gave them only as far as Mindanao "on the opposite side from which they had come, where they would get other pilots. Mindanao is a very large and fertile island." Brito relates further the disposition made of the Castilians and their cargo. (No. xxx, pp. 305-311.)

Valladolid, August 2, 1527. Investigations are instituted by the Council of the Indies in regard to the seizure and confiscation by the Portuguese of the "Trinidad," one of Magalhães's vessels. This court of inquiry is in charge of the bishop of Ciudad, Rodrigo, who examines under oath the captain of the vessel, Gonzalo Gomez de Espinosa and the two pilots Ginés de Mafra and Leon Pancado. The investigation brings out, in the form mainly of question and answer, the communication of the Castilians with the Portuguese, and the confiscation of their ship and cargo. (No. xi, pp. 378-388.)

Letter of Authorization to Falero and Magallanes

Inasmuch [212] as we have commanded a certain contract and agreement to be made with you, Ruy Falero, bachelor, and Fernando de Magalhayns, knight, natives of the Kingdom of Portogal, in order that you make an expedition of discovery in the Ocean Sea; and inasmuch as for the said voyage we have ordered five ships to be armed, manned, provisioned, and supplied with whatever else is necessary for said voyage, having confidence that you are such persons as will guard our service, and that you will execute fully and loyally what we command and entrust to you: it is our will and pleasure to appoint you—as by this present we do—as our captains of the said fleet. We also authorize you so that, during the time of your voyage and until (with the blessing of Our Lord) you shall return to these kingdoms, you may and shall hold office as our captains, both on sea and land, in your own names and those of your lieutenants, in every case and in everything relating and pertaining to said office. You shall see that there is proper execution of our justice in the lands and islands that you shall discover, according to and in the manner followed by those who have been our sea captains hitherto. By this our letter, we command the masters, mates, pilots, seamen, roustabouts, boys, any other persons and officials of the said fleet, and whatsoever persons may see this present, and shall reside in the said lands and islands that you shall discover, and whomsoever the contents of this letter may concern or affect in any manner whatever, that they regard, accept, and consider you as our captains of the said fleet. As such, they shall obey you and fulfil your commands, under the penalty or penalties which, in our name, you shall impose or order imposed, and which, by this present, we impose and consider as imposed. We authorize you to execute sentence on their persons and goods, and that they observe and cause to be observed all the honors, favors, grace, privileges, liberties, preeminences, prerogatives and immunities, which as our captains, you should hold and enjoy, and which must be kept for you. It is our pleasure and we command that, if during the voyage of said fleet, there should be any disputes or differences, either on land or sea, you shall be empowered to sentence, judge, and execute justice in brief form, summarily and without process of law. We authorize you to decide and judge the said disputes, and to execute all the remaining contents of this our letter and whatever is incumbent upon and pertains to said office of captain, with whatever may be incident, dependent, or connected in any way with the same; and neither yourselves nor others shall act contrary to this.

Given at Valladolid, the xxij day of March, of the year one thousand five hundred and eighteen. I, the King. I, Francisco de los Covos, Secretary of the Queen [213] and of the King, her son, our Sovereigns, write it by their command.

[Endorsed: "Authorization as sea-captains, given to Fernando Magallayns and the bachelor Ruj Fallero for the time while they shall be in the fleet which your Highness ordered to be equipped, until their return to España. Johanes le Sauvaige. Fonseca, archbishop and bishop. Registered. Juan de Samana. (Seal) Guilhermo, chancellor."]

Carta de El Rei de Castella para El Reid Manuel

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S_mo_ y muy ex_te_ Rey y principe mj muy caro y muy amado hr_o_ y tio Recebi vra letra de xij de hebrero con q he avido muy gran plazer en saber de vra salud, y de la S_ma_ Reyna vra muger mj muy cara y muy amada hermana especialment del contentamjento q me escreujs q tenys de su compañja q Lo mjsmo me escreujo Su Ser_d_ asi la he esperado sienpre y: demas de conplir lo q deveys a vra Real persona a mj me hazeys en ello muy singular conplazencia porq yo amo tanto a la dicha S_ma_ Reyna mj hermana, q es muy mas lo q la qero q el debdo q con ella tengo. afectuosamente vos Ruego sienpre me hagays saber de vra salud y de la suya q asi sienpre os hare saber de la mja y lo q de present ay de mas desto q dezires q por cartas q de alla me han escrito he sabido q vos teneys alguna sospecha q del armada q mandamos hazer para yr a las Jndias de q van por capitanes hernando magallanes y Ruy falero podria venjr algun perjuizo a lo q a vosos perteneçe di aqllas partes de las Jndias bien crehemos q avn q algunas personas qaran jnformas dealgo desto q vos terneys por cierta ñra voluntad y obra para las cosas q os tocare q es la q el debdo y amor y la Razon lo reqere mas porq dello no os qde pensamjento acorde de vos escreujr po q sepays q nra voluntad ha sido y es de muy cumplidamente guardar todo lo q sobre la demarcaciõ fue asentado y capitulado con los cathocos Rey y Reyna mjs señores y abuelos q ayan glra y q la dicha armada no yra ni tocara en parte q en cosa perjudiq a vro drho q no solamente q remos esto mas avn qrriamos dexaros de lo q a nos perteneçe y tenemos y el primer capitulo y mandamjeto nro, q lleban los dichos capitans es q guarden la demarcaciõ y q no toque en njnguna manera y so graves penas en las partes y terras y mares q por la demarcaciõ a vos os estan señaladas yos pertenece y asi lo guardarã y complirã y desto no tengays ninguna dubda. S_mo_ y muy ex_te_ Rey & _pn_cipe nro muy caro y muy amado hr_o_ y tio nro Señor vos aya en su especial guarda y Recomjenda de barcelona a xxviij dias de hebrero de dxjx as. Yo Elrey. Couos, sect?

(Sobrescripto:) S_mo_ y muy ex_te_ Rey * * * cipe de portugal * * * muy caro y muy * * o hermano y tio.

Letter from the King of Castile to the King Don Manuel

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Most Serene and very excellent King and Prince and very dear and beloved brother and uncle: I received your letter of the twelfth of February and I was extremely pleased to learn concerning the state of your health and that of the most serene queen, your wife, my very dear and much loved sister; and especially was I gratified to hear of the pleasure you take in her company, of which her serene highness likewise wrote me. So I have always wished it, and, besides fulfilling what you owe your royal character, you do me therein very great pleasure, for I love the most serene queen, my sister, so much, that my love for her far exceeds that which is due her from me. I pray you affectionately always to inform me concerning your health and hers, and I will always let you hear as to mine. And now with regard to what is further to be said, I have been informed by letters which I have received from persons near you that you entertain some fear that the fleet which we are dispatching to the Indies, under command of Hernando Magallanes and Ruy Falero, might be prejudicial to what pertains to you in those parts of the Indies. We believe that, in spite of the fact that certain persons desire to imbue you with such an idea, you are assured of our good will and deed in all matters affecting you, which are such as love, duty, and reason demand. Nevertheless, in order that your mind may be freed of anxiety, I thought it best to write to you to inform you that our wish has always been, and is, duly to respect everything concerning the line of demarcation which was settled and agreed upon with the Catholic king and queen my sovereigns and grandparents (may they rest in glory); and that the said fleet will not in any way enter a district so that your rights would be at all injured; and not only do we desire this but would even wish to give over to you that which belongs to and is held by us. And our first charge and order to the said commanders is to respect the line of demarcation and not to touch in any way, under heavy penalties, any regions of either lands or seas which were assigned to and belong to you by the line of demarcation; and that they will keep and fulfil this injunction I beg you to entertain no doubt. Most Serene and very excellent King and Prince, our very dear and well beloved brother and uncle, may our Lord have you in his special keeping and recommendation. Barcelona xxviij February dxjx. I, the King; Covos, secretary.

[Superscription: "Most Serene and very excellent King, [pr]ince of portugal [our] [214] very dear and well [belov]ed brother and uncle."]

Instructions to Cartagena

I, the King. That which you, Juan de Cartagena our captain, are to do in the fulfilment of your duties as our inspector-general of the fleet, which we are sending under command of Ruy Falero and Fernando de Magallãins, our captains, knights of the order of San Tiago, on the voyage of discovery which, with the blessing of Our Lord, they are about to undertake as our captain-generals of said fleet, is as follows:

First: in order that you may go well-informed, the instructions and agreement made with our said captains for the voyage of discovery are as follows:

I, the King. Inasmuch as you, Fernando de Magallãins, knight, native of the kingdom of Portogal and bachelor Ruy Falero, also native of said kingdom, wish to do us signal service, binding yourselves to discover within the boundaries which pertain to and belong to us in the Ocean Sea, within the limits of our demarcation, those islands and mainlands, riches, spices, and other things with which we shall be well pleased and these our kingdoms well profited, we order herewith the following agreement to be made with you:

First: in order that you may and shall with good fortune go on a voyage of discovery in that part of the Ocean Sea within our limits and demarcation; and as it would not be just that since you are going yourselves to perform the aforesaid, other persons should venture to do the same; and considering that you are to have the hardship of this enterprise: it is my will and pleasure (as I now promise) that, for the term of the first ten years ensuing we shall not permit any other person to go on a voyage of discovery by the same route and course that you may take; and that if anyone else should wish to undertake it and ask permission, it shall not be granted until you have been informed thereof, so that, if at the same time you should so desire, you may undertake it also, being as well prepared, equipped, and furnished with as many vessels as equally well-conditioned, equipped, and manned as those of the other persons wishing to make the said discovery. But it is to be understood that if we should wish to order or permit other persons to undertake such an enterprise by the western route, in the district of those islands, with Tierra Firme and all other places already discovered, towards the desired direction, for the purpose of seeking the strait of those seas, we may so order or permit to these others. If they should wish to start on their discoveries from Tierra Firme or from the island of Sant Miguel, and go through the southern sea, they may do so. Likewise if the governor or people who, by our mandate, are now, or may be in the future, in the said Tierra Firme, or any others of our subjects and vassals should wish to set out on a voyage of discovery in the southern sea, wherein such discovery is permitted; and if they wish to send out ships for further discoveries; then our said governor, vassals, and any other persons who, according to our pleasure, should go upon such discovery in that direction, may do so, notwithstanding the aforesaid of any section and clause whatever in this agreement. But we also desire that if you should wish to do so, you may discover by any of these said routes, provided the place be not already discovered or found.