and appurtenances of the same wherever they may be found. Moreover we invest you and your aforementioned heirs and successors with them, and make, appoint, and depute you owners of them with full and free power, authority, and jurisdiction of every kind, with this proviso however, that by this gift, grant, assignment, and investiture of ours no right conferred on any Christian prince is hereby to be understood as withdrawn or to be withdrawn. Moreover we command you in virtue of holy obedience, that, employing all due diligence in the premises, as you promise–nor do we doubt your compliance therewith to the best of your loyalty and royal greatness of spirit–you send to the aforesaid countries and islands worthy, God-fearing, learned, skilled, and experienced men in order to instruct the aforesaid inhabitants and dwellers therein in the Catholic faith, and train them in good morals. Besides, under penalty of excommunication _late sententie_ to be incurred _ipso facto_, [147] should anyone thus contravene, we strictly forbid all persons of no matter what rank, estate, degree, order, or condition, to dare, without your special permit or that of your aforesaid heirs and successors, to go for the sake of trade or any other purpose whatever to the said islands and countries discovered and found by your envoys or persons sent thither. And inasmuch as some kings of Portugal, by similar apostolic grant made to them, discovered and took possession of islands in the waters of Africa, Guinea, and the Gold Mine, [148] as well as elsewhere, far which reason divers privileges, favors, liberties, immunities, exemptions, and indults were granted to them by this apostolic see, we through similar accord, authority, knowledge, and fulness of our apostolic power, by a gift of special favor, do empower you and your aforesaid heirs and successors, in the islands and countries discovered and to be discovered by you, to use, employ, and enjoy freely and legally, as is right, in all things and through all things, the same as if they had been especially granted to you and your aforesaid heirs and successors, all and singular these favors, privileges, exemptions, liberties, faculties, immunities, and indults, whereof the terms of all we wish understood as being sufficiently expressed and inserted, the same as if they had been inserted word for word in these presents. Moreover we similarly extend and enlarge them in all things and through all things in favor of you and your aforesaid heirs and successors, the apostolic constitutions and ordinances as well as all those things that have been granted in the letters above or other things whatsoever to the contrary notwithstanding. We trust in him from whom derive empires and governments and everything good, that with the guidance of the Lord over your deeds, should you pursue this saintly and praiseworthy undertaking, in a short while your hardships and endeavors will result in the utmost success to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree that to copies of them, signed by the hand of a notary public commissioned therefor and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else, as would be given to these presents, should they be exhibited or shown. Let no one, therefore, infringe, or with rash boldness contravene this our exhortation, requisition, gift, grant, assignment, investiture, deed, constitution, deputation, mandate, inhibition, indult, exemption, enlargement, will, and decree. Should any one presume to do so, be it known to him that he will incur the wrath of Almighty God, and of the blessed apostles Peter and Paul. Given in Rome at St. Peter’s, on the third day of May in the year one thousand four hundred and ninety-three, of the incarnation of our Lord, in the first year of our pontificate.
Gratis by order [of our most holy lord the Pope.]
B. Capotius Coll. A. de Compania D. Sorrano N. Casanova
Eximiae–May 3
Alexander, etc., to the illustrious sovereigns, our very dear son in Christ Ferdinand, King, and our very dear daughter in Christ Elizabeth [Isabella], Queen of Castile, Leon, Aragon and Granada, health, etc. The sincereness and whole-souled loyalty of your exalted attachment to ourselves and the church of Rome deserve to have us grant in your favor those things whereby daily you may the more easily be enabled to the honor of Almighty God and the spread of Christian government as well as the exaltation of the Catholic faith to carry out your saintly and praiseworthy purpose and the work already undertaken of making search for far-away and unknown countries and islands. For this very day through our own accord and certain knowledge, as well as fulness of our apostolic power, we have given, granted, and assigned forever, as appears more fully in our letters drawn up therefor, to you and your heirs and successors, kings of Castile and Leon, all and singular the far-away and unknown mainlands and islands lying to the west in the Ocean Sea, that have been discovered or hereafter may be discovered by you or your envoys, whom you have equipped therefor not without great hardships, dangers, and expense; providing however these countries be not in the actual possession of Christian owners. But inasmuch as by this apostolic see have been granted divers privileges, favors, liberties, immunities, exemptions, faculties, letters, and indults to some kings of Portugal, who also by similar apostolic grant and donation in their favor, have discovered and taken possession of other countries and islands in the waters of Africa, Guinea, and the Gold Coast, with the desire to empower by our apostolic authority, as also is right and fitting, you and your aforesaid heirs and successors with graces, prerogatives, and favors of no less character; moved also thereto wholly by our own similar accord, not at your instance nor the petition of any one else in your favor, but through out own sole liberality as well as the same knowledge and fulness of our apostolic power, we do by tenor of these presents, as a gift of special favor, empower you and your aforesaid heirs and successors to the end that in the islands and countries, already discovered by you or in your name and to be discovered hereafter, you may freely and legally, as is proper, use, employ, and enjoy in all things and through all things exactly the same as if they had been granted especially to you and your aforesaid heirs and successors, all and singular the graces, privileges, exemptions, liberties, faculties, immunities, letters, and indults that have been granted to the kings of Portugal, the terms whereof we wish to be understood as sufficiently expressed and inserted, the same as if they had been inserted word for word in these presents. Moreover we extend similarly and enlarge these powers in all things and through all things to you and your aforesaid heirs and successors, to whom in the same manner and form we grant them forever, the apostolic constitutions and ordinances as well as all grants of similar kind made by letters to the kings of Portugal, as well as other things whatsoever to the contrary notwithstanding. But as it would be difficult to have these present letters sent to all places where desirable, we wish and with similar accord and knowledge do decree that to copies of them, signed by the hand of a public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents should they be exhibited or shown. Let no one therefore, etc., infringe, etc., this our indult, extension, enlargement, grant, will, and decree. Should any one, etc. Given at Rome at St. Peter’s, in the year, etc., one thousand four hundred and ninety-three, the third day of May, the first year of our pontificate.
Gratis by order of our most holy lord the Pope.
Jo. Nilis. D Gallettus.
Inter Caetera–May 4
Alexander, etc., to the illustrious sovereigns, our very dear son in Christ, Ferdinand, King, and our very dear daughter in Christ, Helisabeth [Isabella], Queen of Castile and Leon, Aragon, Sicily, and Granada, health, etc. Among other works well pleasing to his divine Majesty and cherished of our heart, this assuredly ranks highest: that in our times especially the Catholic faith and the Christian law be exalted and everywhere increased and spread as well as that the health of souls be procured, and barbarous nations overthrown and brought to the faith itself. Wherefore inasmuch as by the favor of divine clemency, through no fitting merits of ours, we have been raised to so holy a see as Peter’s, recognizing that as true Catholic kings and princes such as we have always known you to be, and as your illustrious deeds already known to almost the whole world declare, you not only eagerly desire but with every effort, zeal, and diligence, without regard to hardships, expenses, dangers, with the shedding even of your blood, are laboring to that end; that besides you have already long ago dedicated to this purpose your whole soul and all your endeavors, as witnessed in these times with so much glory to the divine name in your recovery of the kingdom of Granada from the yoke of the Moors, we therefore not unrighteously hold it as our duty to grant you even of our own accord and in your favor those things whereby daily and with heartier effort you may be enabled for the honor of God himself and the spread of the Christian rule to accomplish your saintly and praiseworthy purpose so pleasing to immortal God. In sooth we have learned that according to your purpose long ago you were in quest of some far-away islands and mainlands not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and the profession of the Catholic faith the inhabitants of them with the dwellers therein; that hitherto having been earnestly engaged in the siege and recovery of the kingdom itself of Granada you were unable to accomplish this saintly and praiseworthy purpose; but at length, as was pleasing to the Lord, the said kingdom having been regained, not without the greatest hardships, dangers, and expenses, that with the wish to fulfil your desire, you chose our beloved son, Christopher Colon, a man assuredly worthy and of the highest recommendations as well as furnished with ships and men equipped for like designs, to make diligent quest for these far-away, unknown mainlands and islands through the sea, where hitherto no one has sailed; who in fine, with divine aid, nor without the utmost diligence, sailing in the Ocean Sea discovered certain very far-away islands and even mainlands that hitherto had not been discovered by others, wherein dwell very many peoples living in peace, and, as reported, going unclothed, nor users of flesh meat; and, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, Creator in heaven, besides being sufficiently ready in appearance to embrace the Catholic faith and be trained in good morals. Nor is hope lacking that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be introduced into the said countries and islands. Besides on one of these aforesaid chief islands the said Christopher has already had put together and built a well-equipped fortress, wherein he has stationed as garrison certain Christians, companions of his, who are to make search for other far-away and unknown islands and mainlands. In certain islands and countries already discovered are found gold, spices, and very many other precious things of divers kinds and species. Wherefore, as becoming to Catholic kings and princes, after earnest consideration of all matters, especially of the rise and spread of the Catholic faith, as was the fashion of your ancestors, kings of renowned memory, you have purposed with the favor of divine clemency to bring under your sway the said mainlands and islands with their inhabitants and the dwellers therein, and bring them to the Catholic faith. Hence in heartiest commendation in the Lord of this your saintly and praiseworthy purpose, desirous too that it be duly accomplished in the carrying to those regions of the name of our Savior, we exhort you very earnestly in the Lord and insist strictly both through your reception of holy baptism, whereby you are bound to our apostolic commands, and in the bowels of the mercy of our Lord Jesus Christ, that, inasmuch as with upright spirit and through zeal for the true faith you design to equip and despatch this expedition, you purpose also as is your duty to lead the peoples dwelling in those islands and countries to embrace the Christian religion; nor at any time let dangers nor hardships deter you therefrom, with the stout hope and trust in your hearts that Almighty God will further your undertakings. Moreover, moved thereunto by our own accord, not at your instance nor the request of any one else in your regard, but wholly of our own largess and certain knowledge as well as fulness of our apostolic power, by the authority of Almighty God conferred upon us in blessed Peter and of the vicarship of Jesus Christ, which we hold on earth, in order that with greater readiness and heartiness you enter upon an undertaking of so lofty a character as has been entrusted to you by the graciousness of our apostolic favor, by tenor of these presents should any of said islands have been found by your envoys and captains, we do give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, together with all their dominions, cities, camps, places, and towns, as well as all rights, jurisdictions, and appurtenances, all islands and mainlands found and to be found, discovered and to be discovered towards the west and south, by drawing and establishing a line from the Arctic pole, namely the north, to the Antarctic pole, namely the south, no matter whether the said mainlands and islands are found and to be found in the direction of India or towards any other quarter, the said line to the west and south to be distant one hundred leagues from any of the islands commonly known as the _Azores_ and _Cabo Verde_. With this proviso however that none of the islands and mainlands found and to be found, discovered and to be discovered beyond that said line towards the west and south, be in the actual possession of any Christian king or prince up to the birthday of our Lord Jesus Christ just past in the present year one thousand four hundred and ninety-three. Moreover we make, appoint and depute you and your said heirs and successors owners of them with full and free power, authority, and jurisdiction of every kind; with this proviso however that through this gift, grant, and assignment of ours no right conferred on any Christian prince, who may be in actual possession of said islands and mainlands up to the said birthday of our Lord Jesus Christ, is hereby to be considered as withdrawn or to be withdrawn. Moreover we command you in virtue of holy obedience that, employing all due diligence in the premises, as you promise, nor do we doubt your compliance therein to the best of your loyalty and royal greatness of spirit, you send to the aforesaid main-lands and islands worthy, God-fearing, learned, skilled, and experienced men, in order to instruct the aforesaid inhabitants and dwellers therein in the Catholic faith and train them in good morals. Besides under penalty of excommunication _late sententie_ to be incurred _ipso facto_, should any one thus contravene, we strictly forbid all persons of whatsoever rank, even imperial and royal, or of whatsoever estate, degree, order, or condition, to dare, without your special permit or that of your aforesaid heirs and successors, to go, as charged, for the purpose of trade or any other reason to the islands and mainlands found and to be found, discovered and to be discovered, towards the west and south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the mainlands and islands found and to be found lie in the direction of India or towards any other quarter whatsoever, the said line to the west and south to be distant one hundred leagues from any of the islands commonly known as the _Azores_ and _Cabo Verde_, the apostolic constitutions and ordinances and other decrees whatsoever to the contrary notwithstanding. We trust in him from whom derive empires and governments and everything good, that with his guidance, should you pursue this saintly and praiseworthy undertaking, in a short while your hardships and endeavors will result in the utmost success, to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree, that to copies of them, signed by the hand of any public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents, should they thus be exhibited or shown. Let no one therefore, etc., infringe, etc., this our recommendation, gift, grant, assignment, constitution, deputation, decree, mandate, prohibition, and will. Should any one, etc. Given at Rome at St. Peter’s in the year, etc., one thousand four hundred and ninety-three, the fourth of May, and the first year of our pontificate.
Gratis by order of our most holy lord the Pope.
D. Gallectus.
For the registrar:
A. de Muciarellis.
Collator, L. Amerinus.
Extension of the Apostolic Grant and Donation of the Indies–September 25
Alexander, Bishop, servant of the servants of God, to the illustrious sovereigns, his very dear Son in Christ Fernando [Ferdinand], King, and his very dear Daughter in Christ Isabel, Queen of Castile, Leon, Aragon, Granada, health and Apostolic benediction. A short while ago through our own accord, certain knowledge, and fulness of our Apostolic power, we gave, conveyed, and assigned forever to you and your heirs and successors, kings of Castile and Leon, all islands and mainlands whatsoever, discovered and to be discovered towards the west and south, that were not under the actual temporal rule of any Christian owner. Moreover, investing therewith you and your aforesaid heirs and successors, we appointed and deputed you as owners of them with full and free power, authority, and jurisdiction of every kind, as more fully appears in our letters given to that effect, the terms whereof we wish to be understood the same as if they had been inserted word for word in these presents. But it may happen that your Envoys, Captains, or vassals, while voyaging towards the west or south might land and touch in eastern waters and there discover islands and mainlands that at one time belonged or even yet belong to India.
With the desire then to give you token of our graciousness, through similar accord, knowledge, and fulness of our power, by tenor of these presents and our apostolic authority, we do extend and enlarge our aforesaid gift, grant, assignment, and letters, with all and singular the clauses contained therein, so as to secure to you all islands and mainlands whatsoever that are found and to be found, discovered and to be discovered, are or were or seem to be in the route by sea or land to the west or south, but are now recognized as being in the waters of the west or south and east and India Moreover in all and through all, the same as if in the aforesaid letters full and express mention had been made thereof, we convey to you and your aforesaid heirs and successors full and free power through your own authority, exercised through yourselves or by the action of another or of others, to take corporal possession of the said islands and countries and to hold them forever, as well as to defend your right thereto against whomsoever may seek to prevent it. With this strict prohibition however to all persons, of no matter what rank, estate, degree, order or condition, that under penalty of excommunication _latae sententiae_, wherein such as contravene are to be considered as having fallen _ipso facto_, no one without your express leave or that of your aforesaid heirs and successors shall, for no matter what reason or pretense, presume in any manner to go or send to the aforesaid regions for the purpose of fishing, or of searching for any islands or mainlands. Notwithstanding any apostolic constitutions and ordinances or whatsoever gifts, grants, powers, and assignments of the aforesaid regions, seas, islands and countries, or any portion of them, may have been made by us or our predecessors in favor of whatsoever kings, princes, infantes, or whatsoever other persons, orders or knighthoods, who for any reason whatever may now be there, even for motives of charity or the faith, or the ransom of captives. Nor shall it matter how urgent these reasons may be, even though, based on repealing clauses, they may appear of the most positive, mandatory, and unusual character; nor even should there be contained therein sentences, censures, and penalties of any kind whatever, providing however these have not gone into effect through actual and real possession; nay even though it may have happened on occasion that the persons, to whom such gifts and grants were made, or their envoys, sailed thither through chance. Wherefore should any such gifts or grants have been made, considering the terms of our present decree to have been sufficiently expressed and inserted, we through similar accord, knowledge, and fulness of our power do wholly revoke the former. Moreover as regards countries and islands not in actual possession of others, we wish this to be considered as of no effect, notwithstanding what may appear in the aforesaid letters, or anything else to the contrary. Given at Rome at St. Peter’s, on the twenty-fifth day of September in the year of the Incarnation of our Lord one thousand four hundred and ninety-three, the second year of our pontificate.
The Treaty of Tordesillas
[This treaty was signed by the respective representatives of the Spanish and Portuguese monarchs, June 7, 1494, at the city of Tordesillas. Full powers were conferred upon these representatives in special letters, that of the Catholic sovereigns being given June 5 at Tordesillas, and that of King Dom Joan of Portugal, March 8. The former sovereigns, as well as their son Don Juan, signed the treaty in person, at Arevalo, July 2; the King of Portugal, September 5, at Setubal–each ratifying it fully. The letter given by Ferdinand and Isabella to their representatives is as follows:]
Don Fernando and Dona Isabel, by the grace of God, King and Queen of Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia, Mallorcas, Sevilla, Cerdena, Cordova, Corcega, Murcia, Jahan, Algarbe, Algezira, Gibraltar, and the Canary Islands; count and countess of Barcelona; seigniors of Vizcaya and Moljna; duke and duchess of Atenas and Neopatria; count and countess of Rosellon and Cerdanja; marquis and marchioness of Oristan and Goceano: Inasmuch as the most serene King of Portugal, our very dear and beloved brother, sent hither his ambassadors and representatives [the names and titles follow] for the purpose of conferring and negotiating a treaty and compact with us and with our ambassadors and representatives acting in our name, in regard to the controversy existing between ourselves and the said most serene King of Portugal, our brother, concerning what lands, of all those discovered prior to this date, in the Ocean Sea, belong to ourselves and to him respectively; therefore we, having entire confidence that you Don Enrrique Enrriques, our chief steward, Don Guterre de Cardenas, deputy-in-chief of Leon [149] and our auditor-in-chief, and doctor Rodrigo Maldonado, all members of our council, are persons who will guard our interests, and that you will perform thoroughly and faithfully what we order and recommend, by this present letter delegate to you, specially and fully, all our authority in as definitive a form as possible, [150] and as is requisite in such cases, in order that you may, for us and in our name and in those of our heirs and successors, our kingdoms and seigniories, [151] and the subjects and natives of them, confer concerning, conclude, ratify, and contract and determine with the said ambassadors acting in the name of the most serene King of Portugal, our brother, whatever compact, contract, bound, demarcation, and covenant regarding the above, by whatever bounds of the winds, degrees of north latitude and of the sun, and by whatever parts, divisions, and places of the heavens, sea, and land, [152] may seem best to you. And we delegate our said power to you in such manner that you may leave to the said King of Portugal, and to his kingdoms and successors, all seas, islands, and mainlands that may be and exist within such bound and demarcation, which shall be and remain his. [153] And further, we delegate to you the said power so that in our name, and in those of our heirs and successors, and of our kingdoms and seigniories, and the subjects and natives of them, you may affirm, concur in, approve, and arrange with the said King of Portugal and the said ambassadors and representatives acting in his name, that all seas, islands, and mainlands that may be and exist within the bound and demarcation of the coasts, seas, islands, and mainlands which shall be and remain ours and our successors’, may be ours and belong to our seigniory and conquest, and likewise to our kingdoms and the successors to the same, with such limitations and exceptions, [154] and with all other clauses and declarations that you deem best. [Furthermore we delegate the said powers] so that you may negotiate, authorize, contract, compact, approve, and accept in our name, and those of our said heirs and successors, and of all our kingdoms and seigniories, and the subjects and natives of the same, whatever covenants, contracts, and instruments of writing, with whatever bonds, decrees, forms, conditions, obligations, requirements, penalties, submissions, and renunciations you wish, and as may seem best to you, regarding all the aforesaid, and every part and parcel of the same, and every thing pertaining to it, or dependent upon it, or having even the slightest connection with it. And in regard to the foregoing you shall have authority to enact and authorize, and you shall enact and authorize, all and singular, of whatever nature and quality, weight and importance, they may or can be, although they may be such as by their terms should require in addition our signature and especial order, and of which especial and express mention should be made fully, and which we, in our own proper persons, could enact, authorize, and approve. Furthermore, we authorize you fully, to swear, and you shall swear, upon our consciences, that we, our heirs and successors, subjects, natives, and vassals, now and hereafter shall keep, observe, and fulfil, and that they shall keep, observe, and fulfil, really and effectually, all that you thus affirm, covenant, swear, authorize, and asseverate, without any deceit, fraud, duplicity, dissembling, or pretense. And in this manner, you shall, in our name, covenant, asseverate, and promise that we, in our own person, shall asseverate, swear, promise, authorize, and affirm all that you, in our name, asseverate, promise, and covenant in regard to the preceding, within whatever term and space of time you deem best, and that we shall observe and fulfil this, really and effectually, and under the conditions, penalties, and obligations contained in the treaty of peace [155] concluded and ratified between ourselves and the said most serene King, our brother, and under all other conditions whatsoever promised and determined upon by you, for all of which we promise, from this date, to pay the penalty if we violate them. For all the above, and each part and parcel of it, we grant to you the said authority with free and general powers of administration, and we promise and affirm by our kingly faith and word, we, our heirs and successors, to keep, observe, and fulfil everything, concerning all the aforesaid enacted, covenanted, sworn, and promised by you, in whatever form and manner; and we promise faithfully to maintain the same to the uttermost, now and forever, and neither ourselves nor our heirs and successors shall violate this compact, or any part of it, by any act of our own, or our agents, either directly or indirectly, under any pretense or cause, in judgment or out of it, under the express obligation of all our possessions, patrimonial and fiscal, and all other possessions whatsoever of our vassals, subjects, and natives, real and personal, acquired or to be acquired. In affirmation of the above we have caused this our letter of authorization to be given, and we sign the same with our names and order it sealed with our seal…. [Signatures of the King, Queen, and Royal Secretary.]
[The letter of authorization granted by the King of Portugal follows. It is couched in much the same terms as the preceding. It opens as follows:]
Don Juan, by the grace of God, King of Portugal and the Algarbes, on either side of the sea in Africa, and Seignior of Guinea: To all who shall see this our letter of authority and powers of attorney, we proclaim: that inasmuch as certain islands were discovered and found by command of the most exalted, excellent, and powerful Princes, King Don Fernando and Queen Dona Ysabel [certain of their dignities follow] our very dear and beloved brother and sister, and other islands and mainlands may in future be discovered and found, regarding certain of which, known already or to be known, there might arise disputes and controversy between ourselves and our kingdoms and seigniories, and the subjects and natives of the same, because of our rights therein–which may our Lord forbid,–it is our desire, because of the great love and friendship between us, and in order to seek, procure, and maintain greater peace, and more enduring concord and tranquillity, that the sea, in which the said islands were and shall be found, be divided and allotted between us in some good, sure, and circumscribed manner; and inasmuch as at present we cannot attend to this in person, and confiding in you, Ruy de Sosa, Seignior of Usagres [156] and Berenguel, and Don Juan de Sosa, our intendant-in-chief, and Arias de Almadana, magistrate of civil cases in our court, and a member of our desenbargo (all members of our council), we grant you by the present letter our full and complete power and authority and our special command, and we appoint and constitute you all jointly, and two of you and one of you _yn soljdun_, [157] in any manner whatsoever, if the others be prevented, as our ambassadors and representatives; and we do this in the most definitive form [158] possible and generally and specifically as is requisite in such cases,–in such manner that the general is not obscured by the specific nor the specific by the general. This we do so that, in our name, and those of our heirs and successors, and of all our kingdoms and seigniories, and the subjects and natives of the same, you may confer concerning, conclude, and ratify, and contract and determine with the said King and Queen of Castilla, our brother and sister, or with those empowered by the latter, whatever agreement, compact, limitation, demarcation, and contract regarding the Ocean Sea and the islands and mainlands contained therein, by whatever directions of winds and degrees of north latitude, and of the sun, and by whatever parts, divisions, and places of the heavens, land, and sea [159] you may deem best. [From this point the language is almost identical with that in the foregoing letter of authorization. The present letter is signed by the king and his secretary. The treaty proper follows:]
Thereupon it was declared by the above-mentioned representatives of the aforesaid King and Queen of Castilla, Leon, Aragon, Secilia, Granada, etc.; and of the aforesaid King of Portugal and the Algarbes, etc.: That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the Ocean Sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively; therefore, for the sake of peace and concord, and for the preservation of the relationship and love of the said King of Portugal for the said King and Queen of Castilla, Aragon, etc., it being the pleasure of their Highnesses, they, their said representatives, acting in their name and by virtue of their powers herein described, covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said Ocean Sea–from the Arctic to the Antarctic pole. This boundary, or line [160] shall be drawn straight, as aforesaid, at a distance of three hundred and seventy leagues west of the Cabo Verde islands, being calculated by degrees, or by any other manner, as may be considered the best and readiest, provided the distance shall be no greater than above said. And all lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter by the said King of Portugal and by his vessels on this side of the said line and bound determined as above, toward the east, in either north or south latitude, on the eastern side of the said bound, provided the said bound is not crossed, shall belong to, and remain in the possession of, and pertain forever to the said King of Portugal and his successors. And all other lands–both islands and mainlands, found or to be found hereafter, discovered or to be discovered hereafter, which have been discovered or shall be discovered by the said King and Queen of Castilla, Aragon, etc., and by their vessels, on the western side of the said bound, determined as above, after having passed the said bound toward the west, in either its north or south latitude, shall belong to, and remain in the possession of, and pertain forever to the said King and Queen of Castilla, Leon, etc., and to their successors.
_Yten [Item]_: [161] the said representatives promise and affirm by virtue of the powers aforesaid, that from this date no ships shall be despatched,–namely as follows: the said King and Queen of Castilla, Leon, Aragon, etc., for this part of the bound, and its eastern side, on this side the said bound, which pertains to the said King of Portugal and the Algarbes, etc.; nor the said King of Portugal to the other part of the said bound which pertains to the said King and Queen of Castilla, Aragon, etc.,–for the purpose of discovering and seeking any mainlands or islands, or for the purpose of trade, barter, or conquest of any kind. But should it come to pass that the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., on sailing thus on this side of the said bound, should discover any mainlands or islands in the region pertaining, as above said, to the said King of Portugal, such mainlands or islands shall pertain to and belong forever to the said King of Portugal and his heirs, and their Highnesses shall order them to be surrendered to him immediately. And if the said ships of the said King of Portugal discover any islands and mainlands in the regions of the said King and Queen of Castilla, Leon, Aragon, etc., all such lands shall belong to and remain forever in the possession of the said King and Queen of Castilla, Leon, Aragon, etc., and their heirs, and the said King of Portugal shall cause such lands to be surrendered immediately.
_Yten_: In order that the said line or bound of the said division may be made straight and as nearly as possible the said distance of three hundred and seventy leagues west of the Cabo Verde islands, as hereinbefore stated, the said representatives of both the said parties agree and assent that within the ten months immediately following the date of this treaty, their said constituent lords shall despatch two or four caravels, namely, one or two by each one of them, a greater or less number, as they may mutually consider necessary. These vessels shall meet at the island of Grande Canaria [Grand Canary Island] during this time, and each one of the said parties shall send certain persons in them, to wit, pilots, astrologers, sailors, and any others they may deem desirable. But there must be as many on one side as on the other, and certain of the said pilots, astrologers, sailors, and others of those sent by the said King and Queen of Castilla, Aragon, etc., and who are experienced, shall embark in the ships of the said King of Portugal and the Algarbes; in like manner certain of the said persons sent by the said King of Portugal shall embark in the ship or ships of the said King and Queen of Castilla, Aragon, etc.: a like number in each case, so that they may jointly study and examine to better advantage the sea, courses, winds, and the degrees of the sun or of north latitude, [162] and lay out the leagues aforesaid, in order that, in determining the line and boundary, all sent and empowered by both the said parties in the said vessels, shall jointly concur. These said vessels shall continue their course together to the said Cabo Verde islands, from whence they shall lay a direct course to the west, to the distance of the said three hundred and seventy degrees, measured as the said persons shall agree, and measured without prejudice to the said parts. When this point is reached, such point will constitute the place and mark for measuring degrees of the sun or of north latitude either by daily runs measured in leagues, or in any other manner that shall mutually be deemed better. This said line shall be drawn north and south as aforesaid, from the said Arctic pole to the said Antarctic pole. And when this line has been determined as above said, those sent by each of the aforesaid parties, to whom each one of the said parties must delegate his own authority and power, to determine the said mark and bound, shall draw up a writing concerning it and affix thereto their signatures. And when determined by the mutual consent of all of them, this line shall be considered forever as a perpetual mark and bound, in such wise that the said parties, or either of them, or their future successors, shall be unable to deny it, or erase or remove it, at any time or in any manner whatsoever. And should, perchance, the said line and bound from pole to pole, as aforesaid, intersect any island or mainland, at the first point of such intersection of such island or mainland by the said line, some kind of mark or tower shall be erected, and a succession of similar marks shall be erected in a straight line from such mark or tower, in a line identical with the above-mentioned bound. These marks shall separate those portions of such land belonging to each one of the said parties; and the subjects of the said parties shall not dare, on either side, to enter the territory of the other, by crossing the said mark or bound in such island or mainland.
_Yten_: Inasmuch as the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., sailing as before declared, from their kingdoms and seigniories to their said possessions on the other side of the said line, must cross the seas on this side of the line, pertaining to the said King of Portugal, it is therefore concerted and agreed that the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., shall, at any time and without any hindrance, sail in either direction, freely, securely, and peacefully, over the said seas of the said King of Portugal, and within the said line. And whenever their Highnesses and their successors wish to do so, and deem it expedient, their said ships may take their courses and routes direct from their kingdoms to any region within their line and bound to which they desire to despatch expeditions of discovery, conquest, and trade. They shall take their courses direct to the desired region and for any purpose desired therein, and shall not leave their course, unless compelled to do so by contrary weather. They shall do this provided that, before crossing the said line, they shall not seize or take possession of anything discovered in his said region by the said King of Portugal; and should their said ships find anything before crossing the said line, as aforesaid, it shall belong to the said King of Portugal, and their Highnesses shall order it surrendered immediately. And since it is possible that the ships and subjects of the said King and Queen of Castilla, Leon, etc., or those acting in their name, may discover within the next twenty days of this present month of June following the date of this treaty, some islands and mainlands within the said line, drawn straight from pole to pole, that is to say, inside the said three hundred and seventy leagues west of the Cabo Verde islands, as aforesaid, it is hereby agreed and determined, in order to remove all doubt, that all such islands and mainlands found and discovered in any manner whatsoever up to the said twentieth day of this said month of June, although found by ships and subjects of the said King and Queen of Castylla, Aragon, etc., shall pertain to and remain forever in the possession of the said King of Portugal and the Algarbes, and of his successors and kingdoms, provided that they lie within the first two hundred and fifty leagues of the said three hundred and seventy leagues reckoned west of the Cabo Verde islands to the above-mentioned line,–in whatsoever part, even to the said poles, of the said two hundred and fifty leagues they may be found, determining a boundary or straight line from pole, to pole, where the said two hundred and fifty leagues end. Likewise all the islands and mainlands found and discovered up to the said twenty days of this present month of June, by the ships and subjects of the said King and Queen of Castilla, Aragon, etc., or in any other manner, within the other one hundred and twenty leagues that still remain of the said three hundred and seventy leagues where the said bound that is to be drawn from pole to pole, as aforesaid, must be determined, and in whatever part of the said one hundred and twenty leagues, even to the said poles that they are found up to the said day, shall pertain to and remain forever in the possession of the said King and Queen of Castilla, Aragon, etc., and of their successors and kingdoms; just as whatever is or shall be found on the other side of the said three hundred and seventy leagues pertaining to their Highnesses, as aforesaid, is and must be theirs, although the said one hundred and twenty leagues are within the said bound of the said three hundred and seventy leagues pertaining to the said King of Portugal, the Algarbes, etc., as aforesaid. [163]
And if, up to the said twentieth day of this said month of June, no lands are discovered by the said ships of their Highnesses within the said one hundred and twenty leagues, and are discovered after the expiration of that time, then they shall pertain to the said King of Portugal as is set forth in the above.
[The faithful observance by the respective sovereigns, of every point of this treaty is provided for in the fullest of terms by the commissioners, by virtue of the powers delegated to them; and this is sworn “before God, the Blessed Mary, and on the sign of the Cross.” The instrument must receive also the sanction of the Pope, who will be asked to confirm the same by means of a bull in which the agreements of the treaty will be given. [164] The commissioners bind themselves under the foregoing oaths and penalties that, “within the one hundred days immediately following the date of this treaty, they will mutually exchange approbations and ratifications of the said treaty, written on parchment, and signed with the names of their said constituents, and sealed with their seals.” Don Juan, heir to the Spanish crown, shall sign the instrument as well as Ferdinand and Isabella, and the whole shall be witnessed in proper manner.]
Note on Correspondence of Jaime Ferrer
[For lack of space, certain documents to and by Jaime Ferrer, regarding the line of demarcation, cannot be included in this series. These documents–a letter from the Cardinal Despanya, Archbishop of Toledo, Don Pedro de Mendoza, Barcelona, August 26, 1493; a letter from Ferrer to the Catholic sovereigns, Barcelona, January 27, 1495; Ferrer’s opinion regarding the treaty of Tordesillas (undated, but probably in 1495); and a letter from the Catholic sovereigns, Madrid, February 28, 1495,–will be found in Navarrete, _Coll. de viages_, tomo ii, edition 1825, pp. 97-110; edition 1858, pp. 111-117, part of num. lxviii; and a translation of all but the first in Dawson’s _Lines of Demarcation_ (printed in _Translations of the Royal Society of Canada_, 1899-1900, second series, vol. v, sec. ii, pp. 541-544,–also printed separately). Navarrete states that these documents, were printed in Barcelona in 1545, in a now rare book compiled by Ferrer under the title _Sentencias catholicas del Divi poeta Dant_. In the first letter, signed “El Cardenal,” Ferrer’s presence is requested in Barcelona; he is to take with him his mappamundo and all his cosmographical instruments.]
Compact Between the Catholic Sovereigns and the King of Portugal, Regarding the Demarcation and Division of the Ocean Sea
Don Fernando and Dona Isabel, by the grace of God, King and Queen of Castilla, etc.: Inasmuch as, among other things in the treaty and compact regarding the division of the Ocean Sea, negotiated between ourselves and the most Serene King of Portugal and the Algarbes on either side of the sea in Africa, and Seignior of Guinea, our most dear and beloved brother, it was agreed and covenanted that, within the first ten months following the date of this treaty, our caravels and his, accompanied by astrologers, pilots, sailors, and others, agreed upon by ourselves and himself,–a like number on either side–shall be in the island of La Gran Canaria, in order to proceed to the determination and drawing of the divisional line of the said sea–which must be three hundred and seventy leagues west of the Cabo Verde islands, in a straight north and south line from the Arctic to the Antarctic pole, as covenanted between us by the said treaty of the division of the said sea, as is more fully set forth therein;–and inasmuch as we now consider that the line of the said division at the distance of the said three hundred and seventy leagues can be determined and calculated better, if the said astrologers, pilots, sailors, and others, come to a definite conclusion and agreement regarding the manner and order of procedure to be observed in the determination and marking of the said line, before the sailing of the said caravels, by so doing avoiding disputes and controversies that might arise regarding it among those going, if these had to be arranged after the departure; and inasmuch as it would be quite useless for the said caravels and persons to go before knowing that any island or mainland had been found in each one of the said parts of the said sea, and to which they must proceed immediately and orderly: Now therefore, in order that all this may be done to better advantage, and with the full and free consent of both sides, we agree and by this present letter consent that the said astrologers, pilots, sailors, and others determined upon with the said King, our brother–a like number on either side, and of sufficient number for this matter–must assemble and they shall assemble along any part of the frontier of these our Kingdoms and the Kingdom of Portugal. During the whole month of July first following the date of this letter these men shall consult upon, covenant concerning, and determine the manner of making the said divisional line of the said sea at the distance of the said three hundred and seventy leagues west of the said Cabo Verde islands, by means of a straight north and south line from the Arctic to the Antarctic Pole, as is set forth in the said treaty. And whatever they determine upon, unanimously, and whatever is concluded and marked out by them, shall be approved and confirmed through our letters-patent, by us and by the said King, our brother. And if after the said astrologers, pilots, and sailors, appointed as above said, shall have arrived at a conclusion, each one of the said parties going to that part of the said sea, according to the permission of the said treaty, and thereby observing the contents of said treaty, any island or mainland shall be found hereafter, which either of the parties consider to be so situated that the said line can be determined in accordance with the stipulations of the said treaty, and the one party shall cause notification to be given the other party that they shall cause the line abovesaid to be marked out, we and the said King, our brother, shall be obliged to have the said line determined and marked out, in accordance with the method determined upon by the astrologers, pilots, and sailors, and others abovesaid, and appointed as abovesaid, within the period of the first ten months reckoned from the date that either of the parties notified the other. And should it prove that the land thus found is not cut by the said line, a declaration of its distance from the said line shall be given, both on our own part and that of the said most serene King, our brother. They shall not, However, neglect to make the said declaration regarding any island or mainland which shall be found afterwards, during the period, nearer the said line. And in doing the aforesaid, they shall not neglect to observe the manner aforesaid, whenever any island or mainland is found in the neighborhood of the said line as aforesaid, and up to the said time of the said ten months after the notification of one party by the other, as aforesaid. It is our pleasure in this our letter to postpone and defer the departure of the said caravels and persons, notwithstanding the limit set and determined in the above-mentioned treaty in regard to it. And we therefore are pleased and consider it advantageous–for the better notification and declaration of the division of the said sea made by the said treaty between ourselves and the said King, our brother; and in order that both our subjects and natives and the subjects and natives of the said King our brother may be better informed henceforth as to the regions wherein they may navigate and discover,–to order (as in truth we shall order), under severe penalties, that the line of the said division be placed on all hydrographical maps made hereafter in our kingdoms and seigniories by those journeying in the said Ocean Sea. This line shall be drawn straight from the said Arctic to the said Antarctic pole, north and south, at the distance of the said three hundred and seventy leagues west of the Cabo Verde islands, as aforesaid, being measured as determined unanimously by the said astrologers, pilots, and sailors meeting as abovesaid. And we purpose and stipulate that neither this present letter nor anything contained herein, be prejudicial in any manner to the contents and compacts of the said treaty, but rather that they, all and singular, be observed throughout _in toto_ without any failure, and in the manner and entirety set forth in the said treaty; inasmuch as we have caused the present letter to be made in this manner, simply in order that the said astrologers and persons shall assemble and, within the said time, shall determine the order of procedure and the method to be observed in making the said line of demarcation, and in order to postpone and defer the departure of the said caravels and persons, until the said island or mainland, whither they must go, is known to have been found in each one of the said parts, and in order to command that the line of the said division be placed on the said hydrographical maps,–all of which is set forth most fully in the above. We promise and asseverate on our kingly faith and word, to fulfil and observe all of the foregoing, without any artifice, deceit, or pretense in the manner and in the entirety set down in the above. And in confirmation of the above, we cause this our letter to be given, signed with our names, and sealed with our leaden seal hanging from threads of colored silk.
[Dated at Madrid, April 15, 1495. [165] Signatures of the King and Queen, and the Royal Secretary.]
Bull, _Praecelsae_, of Leo X
_November_ 3, 1514
[This bull, called _Precelse denotionis_, confirms and extends certain bulls of Leo X’s predecessors, Nicholas V and Sixtus IV, reciting the bulls so confirmed and extended–two of the former and one of the latter. In the first bull, _Dum diversas_, authority is granted to King Alfonso V of Portugal to make war upon the infidels, to conquer their lands, and to reduce them to slavery. It concedes also plenary indulgence for their sins to all taking part in the expeditions against the Moors, or aiding the expeditions with gifts. [166] Its date is June 18, 1452. The second bull is dated January 8, 1454, and is called _Romanus Pontifex._ In it Nicholas “after reviewing with praise the zeal of Prince Henry in making discoveries and his desire to find a route to southern and eastern shores even to the Indians, granted to King Alfonso all that had been or should be discovered south of Cape Bojador and Cape Non toward Guinea and ‘ultra versus illam meridionalem plagam’ as a perpetual possession.” [167] The third bull, the _Eterni Regis_ of June 21, 1481, confirms that of Nicholas V. It “granted to the Portuguese Order of Jesus Christ [168] spiritual jurisdiction in all lands acquired from Cape Bojador ‘ad Indos.'” This bull also contained and sanctioned the treaty of 1480 between Spain and Portugal, by which the exclusive right of navigating and of making discoveries along the coast of Africa, with the possession of all the known islands of the Atlantic except the Canaries, was solemnly conceded to Portugal. [169] After thus reciting these bulls (“of our own accord … approve, renew, and confirm the aforesaid instruments” [170]) Pope Leo extends and amplifies them in the following words:]
And for added assurance, we do by virtue of the authority and tenor of the above instruments, concede anew, [to the King of Portugal] everything, all and singular, contained in the aforesaid instruments, as well as all other empires, kingdoms, principalities, duchies, provinces, lands, cities, towns, forts, dominions, islands, ports, seas, coasts, and all possessions whatsoever, real or personal, wherever they may be, and all uninhabited places whatsoever, recovered, found, discovered, and acquired from the above-mentioned infidels by the said King Emmanuel and his predecessors, or to be hereafter recovered, acquired, found and discovered, by the said King Emmanuel and his successors–both from Capes Bogiador and Naon [171] to the Indies and any district whatsoever, wherever situated, even although at present unknown to us. And likewise we do extend and amplify the instruments above-mentioned and everything, all and singular contained therein, as aforesaid, and in virtue of holy obedience, under penalty of our [wrath,] we do, by the authority and tenor of the foregoing, forbid all faithful Christians, whomsoever, even although possessing imperial, regal, or any other dignity whatsoever, from hindering, in any manner, King Emmanuel and his successors in the aforesaid, and from presuming to lend assistance, counsel, or favor to the infidels. [The Archbishop of Lisboa and the Bishops of Guarda and Funchal are ordered to see that the provisions of this bull are observed. [172]]
Instructions from the King of Spain to His Ambassadors in the Negotiations with Portugal
[In this document, written in Valladolid, February 4, 1523, and signed by the king and the chancellor and countersigned by the king’s secretary Cobos, the king lays down the following points:]
First, that the course of action mapped out for you, our said notary-in-chief Barroso, in answer to your letter reporting your conversation with the duke of Berganza regarding this treaty, seemed then, and seems still right and proper; since by this course we declare in effect our purpose and wish to fulfil _in toto_ toward the said most serene King, the treaty concerning the division and demarcation of the seas, negotiated between the Catholic sovereigns–my lords and grandparents–and King Don Juan of Portugal. I order you, likewise, to ascertain briefly what regions lie within the right of our conquest, and where are the limits of our demarcation, and those of the said most serene King of Portugal. And you shall ascertain in what manner restitution of whatever I may have appropriated of his possessions, with the profit accruing therefrom, may be made to the said most serene King, the latter making to our Royal crown the same restitution of whatever he may have appropriated, with all profits and revenues arising therefrom.
That we believe the reason for the refusal of the said most serene King to accept the expedients proposed, and for his recent reply to us, transmitted through you, the said notary-in-chief Barroso, was due to his not being informed thoroughly in regard to the said expedients, and of our past and present intention and wish to fulfil strictly in every point the said treaty; and to preserve and augment, by fair dealing on our part, our relations with, and love toward, the said most serene King. For these reasons we beseech him earnestly that he have the said expedients examined; that he treat and confer concerning them, singly and collectively; and that he inform us of whatever in them, singly or collectively, seems wrong or prejudicial to his rights–in order that we, through our great affection for him and our desire for its increase, may have his objections examined and discussed before our royal person by the members of our Council. This done we shall order what is unjust to be remedied, and the said most serene King, shall, in no wise, receive any hurt, in what by right pertains to him.
[The king orders further that his ambassadors confer discreetly and prudently with the Portuguese king and others, and advise him promptly as to the outcome, that he may take the proper steps. He continues:]
In case that you are unable to prevail upon the said most serene King to reexamine the said expedients, and if he declares that he has seen them already, and that he has informed us, through you, the said notary-in-chief Barroso, of his dissatisfaction regarding them,–although without stating in detail his causes for dissatisfaction–and that he proposed now that we each send two caravels to determine the said demarcation, in the meantime neither himself nor myself despatching our fleets to Maluco, you shall reply in this manner: that whatever pertains to the sending of the said caravels to determine the said demarcation is in perfect accord with our desires, and we are quite well satisfied with the proposal, since such a procedure is in keeping with the said treaty, which will in this manner, be fulfilled so far as we are concerned. And you shall confer briefly with him and with those he shall appoint concerning the method of procedure–the tons burdens of the said caravels; the astrologers, cosmographers, notaries, pilots, and others who shall embark in each vessel; in what manner they shall be armed; and for what time victualed and provisioned. You shall stipulate that a certain number of our subjects shall embark in his caravels, and a like number of his subjects in ours, who shall all be designated by name, in order that the determination and measurements might proceed with more fairness and justice. Also all documents, both measurements and proofs, made for the verification of the above, shall be made in presence of the notaries sent in the said caravels by each of us. They shall be made before those notaries in such manner that one notary shall be present always for each one of us, and two others shall sign the said documents, which without such signatures shall be invalid. And you shall confer upon all other desirable topics, in order that the voyage be fair to us both, and the demarcation be made in accordance to the said treaty, and that those sailing in the said caravels have desire only to ascertain and declare the truth. Before concluding anything discussed and treated by you, you shall first advise us. But as regards saying that, during the time taken in fixing upon the said demarcation, neither of us shall send his fleets to the Maluco Islands, you shall reply to the said most serene King that, as he may see clearly, it is neither just nor reasonable to ask this of me, for the agreement and treaty neither prohibits nor forbids of it, and to do this would be to the detriment of my rightful and civil possession in the said Maluco Islands, and in the other islands and mainlands which will be discovered by my fleets during this time of fixing upon the said demarcation. He is aware that I am received and obeyed as king and lord of those Maluco Islands, and that those who, until the present, held possession of these regions, have rendered me obedience as king and rightful seignior, and have been, in my name, appointed as my governors and lieutenants over the said regions. He knows, too, that my subjects, with much of the merchandise carried by my fleet, are at the present time in these regions. For these reasons it is not reasonable to ask that I discontinue my possession of these districts during the time of determining the demarcation, especially since the said most serene King has never held possession, past or present, of any of the said Maluco Islands, or of any others discovered by me up to the present; nor has his fleet touched at or anchored therein.
You shall say to him that, inasmuch as I have not asked that he discontinue to hold his possessions in Malaca and other regions discovered by him, although I have been assured on many different occasions by many different persons of learning and judgment–a number of whom are natives of the Kingdom of Portugal–that these regions pertain to me and to my crown, being, as these men declare, within the limits of our demarcation, he will recognize quite fully the injustice of asking me to discontinue sending my fleets to Maluco and other regions where I am in civil and rightful possession, and am obeyed and regarded as legitimate seignior, as aforesaid.
Should the said most serene King propose to you that it would be a fair expedient to us both that, during the time of determining the demarcation, since we claim that Malaca and many other islands where he carries on trade lie within the limits of our demarcation and pertain to us, he will desist from despatching his vessels and fleets to those regions, provided that I do the same as regards whatever of the Maluco and other islands discovered by me in those regions, and claimed by him as lying within his demarcation; or should he propose any other expedient or innovation not in this present writing, you shall make answer that such expedient is new, and that we have no knowledge of it. On this account you shall request that he allow you to consult with us. After this discussion you shall advise me of the matter.
[The instructions conclude by urging the ambassadors to proceed prudently, and to impress the Portuguese monarch with the affection felt toward him by Carlos, and the latter’s desire for its continuance. The ambassadors are to act in complete harmony with one another, and to carry on negotiations jointly at all times, one never presuming to act without the other’s full knowledge. Exact reports must be submitted by them, in order that their king may give definite instructions.]
Letter of Carlos I of Spain to Juan de Zuniga–1523
The King: Juan de Zuniga, knight of the order of Santiago, [173] my servant. I have not hitherto written you of transactions in the negotiations respecting Maluco, to which the most serene and illustrious King of Portugal, my very dear and beloved cousin, sent his ambassadors, as I believed that, our right being so apparent, the treaty would be kept with us, or at least some good method of settlement would be adopted. This the ambassadors have not cared to do, although on our part we have done everything absolutely possible–much more than is usual between princes or relatives. I speak of this because my steadfast wish to preserve forever the kinship and love existing in the past and present between the most serene King and myself has been made manifest by my deeds. I am exceedingly sorry to find that this has been not only of no advantage, but rather, because of the meager results obtained, a disadvantage. And on this account the said ambassadors are returning without having come to any conclusion. By them I write to the said most serene King as you will observe in the copy of the letter enclosed herein. [174] Now because you should be informed of the transactions at this discussion,–both that you might, in our behalf, give a full account thereof to the said most serene King, and that you might discuss the same there [in Lisbon] wherever convenient,–I have determined to put you in possession of the facts in this letter, which are as follows. As soon as the said ambassadors had arrived, and after the letters from the most serene King had been presented to me, and their embassy stated by virtue of our faith in these letters, they requested me to appoint persons with whom they might discuss the questions upon which they were to mediate for their sovereign. I did this immediately, appointing for this purpose certain members of my Council whom I, considered the best informed for that particular negotiation, and men of straightforward principles. These men, in company with the aforesaid ambassadors, examined the treaty presented by the latter, which seemed to have been drawn up and authorized by the Catholic King and Queen, my grandparents, and by King Don Manuel, his [King Joao III] father, of blessed memory. They listened to all the ambassadors had to say, and all together conferred regarding and discussed the questions many times. Afterwards, inasmuch as the said ambassadors besought me to give them a hearing, I did so, the above-named and others of my Council, whom I had summoned for that purpose, being present.
The result of their proposition was to present the said treaty to me and petition that I order the observance thereof, and in consequence thereof, have Maluco surrendered immediately to the said most serene King of Portugal. This they said we were bound to do, by virtue of the said treaty, which contained, they declared, a section whose tenor is as follows. [175]
In this manner they continued to assert that since Maluco had been found by the King of Portugal, we were bound to make petition for and accept it from him, if we claimed it as lying within the bounds of our demarcation, and not to take possession of it by our own authority; and that the King of Portugal being assured of our contention, which they neither denied nor mistrusted might prove correct, was quite prepared to surrender it to us immediately, according to the terms of the said treaty, of which, in the said name, he wished to make use, and they petitioned that we observe the same. And therefore, as being a matter in which all negotiations and conferences were in good faith, both because of the prominence of those engaged in them, and because of the relationship between them, they declared that they had no wish to profit by any other right or allegation, but only to petition that the contents of the said treaty be kept to the letter.
Certain members of our Council, being informed of the matter made answer that my wish and intention had ever been, and still was, to observe the said treaty, and not to violate it in any manner (as in truth is and has ever been so). When this treaty should be examined and understood in the true light of reason, it would be found to be in our favor; and our intention was clearly founded upon it; and especially were we acting in good faith, according to the declaration of the said ambassadors that it was only necessary to examine the tenor of the said treaty and abide by its contents. Furthermore, in the same section, upon which they, in the name of the said most serene King of Portugal, based their contentions, would be found also the declaration, that if the Castilian ships should find any mainland or island in the Ocean Sea, which the said most serene King of Portugal should claim or allege to have been found within the limits of his demarcation, we were bound to surrender it to him immediately; and he could not be ignorant, nor could he claim ignorance of this, since it was all together in one and the same section. Therefore it was quite evident, since Maluco had been and was found by Castilian and not Portuguese ships, as they declared, that we, according to the terms of the same treaty, held it lawfully, at least in the time taken in arriving at and concluding the true determination of demarcation; and the most serene King of Portugal, when he wished anything, must petition for, and ask it from us, and it being found to be in his demarcation, must accept it from us. All the above they said in my name; asserting that whenever it should appear to be as above stated, we should carry into effect and fulfil immediately everything according to the said treaty. They said that Maluco had been found and occupied first, as must be admitted, by our ships–a fact well known everywhere, as we believe you are aware–inasmuch as nothing else was ever heard or known. The present declaration of the ambassadors was a complete innovation, at which, and reasonably, we must express surprise, since the fact was so well known that no one could pretend ignorance of it.
And, in proof thereof (to continue the above), our present possession, which had been public and without any opposition by the said most serene King of Portugal, was sufficient. And this possession of ours had been continued with his knowledge, suffrance, and good grace, and had been likewise known and suffered by the most serene King Don Manuel, his father. It was now a cause for surprise, that, in an affair of such moment, after such a long interval, and after two generations had consented to it, the effort of obstruction and hindrance should be made, as if it were a matter that had just arisen. It was declared that whoever heard of it, believed it to be more for the purpose of vexing and annoying us at this time, seeing our necessities and our so just employment against the tyrants of Christendom, [176] than for the purpose of obtaining justice. For until the present we would have been able to have been advised of it, and to have informed ourselves, and therefore we, on our part, possessed the good faith in the observance and understanding of the said treaty, alleged by the said ambassadors.
Further, it could not be denied that Maluco had been found and taken possession of first by us, a fact supposed and proved by our peaceful and uninterrupted possession of it until now; and the contrary not being proved legally, our intention in the past and present is inferred and based upon this possession.
From the above it follows plainly that, inasmuch as we found and took possession of Maluco, and hold and possess it at present, as is quite evident that we do hold and possess it, if the said most serene King of Portugal, our brother, claims it, as being of his conquest and demarcation, he must petition us for it, and his representations proving correct, he must accept it from us. Herein is the said treaty obeyed to the letter, as the said ambassadors petition, and observed with the good faith alleged by them.
And in case anything has been obtained in Maluco, or any information has been acquired concerning Maluco, or any Portuguese has gone thither, or is there now, for the purpose of trade or barter, or for any other cause–none of which are known or believed to be so–it does not follow nor can it be asserted that Maluco was found by ships of the King of Portugal, as is required by the said treaty, and therefore the foregoing being, in fact, outside the terms of the treaty, we are outside of its jurisdiction and obligation.
Furthermore it was declared in our behalf, that, although Maluco had been discovered by ships of the King of Portugal–a thing by no means evident–it could not, on this account, be made to appear evident, or be said that Maluco had been found by him. Neither was the priority of time, on which he based his claims, proved, nor that it was discovered by his ships; for it was evident, that to find required possession, and that which was not taken or possessed could not be said to be found, although seen or discovered.
Leaving out of consideration the decision of the law, even the general opinion which was on my side and which comprehends and binds by virtue of common sense those who recognize no superior, and which all of us were and are bound to follow, pointed to the same thing, and it was proved clearly by the said treaty on which we both founded our pretensions, without any necessity arising of dragging _ab extra_ any other right or allegation; because if he who found land, found it in the other’s demarcation, he was bound to surrender it to him, according to the terms of the said treaty, it is evident, and follows plainly, that he who found the land must first hold and possess it, because not holding it he could not surrender it to the other, who petitioned him for it, on the grounds that it had been found within his demarcation. If any thing else should be declared, it was in violation of the terms of the said treaty, which must be understood and fulfilled effectually.
From the above it followed clearly that the finding of which the said treaty speaks, must be understood and is understood effectually. It is expedient to know, by taking and possessing it, that which is found; and consequently the most serene King of Portugal, nor his ships, can, in no manner, be spoken of as having found Maluco at any time, since he did not take possession of it at all, nor holds it now, nor has it in his possession in order that he may surrender it according to the stipulations of the said treaty.
And by this same reasoning it appeared that Maluco was found by us and by our ships, since possession of it was taken and made in our name, holding it and possessing it, as now we hold and possess it, and having power to surrender it, if supplication is made to us. It appearing to fall within the demarcation of the most serene King of Portugal, it follows from this, that supplication must be made to us by him, and if it is found to lie within his demarcation, he must receive it from us, and not we from him, in accordance with the said treaty, which being understood to the letter, as the ambassadors petition, thus proves and determines the question.
It was especially declared that we, in this reasoning, made no request of the King of Portugal. And inasmuch as we were the defendant we neither wished to, nor ought we to have any desire to assume the duties of the plaintiff, because if the King wished anything from us for which he should petition us, we were quite ready to fulfil in entire good faith all the obligations of the said treaty.
Furthermore it was declared that, supposing–which is not at all true–that the King of Portugal had found Maluco first, and that he should claim that we should restore it to him, asserting that he had been despoiled of it by our having taken possession of it on our own authority, when we should have petitioned and received it from him; or alleging that we did not disturb or trouble him in the possession of what he does not have, nor ever had in his possession, it was quite clear that the case was not comprehended in the said treaty. Neither was it provided for nor determined in the treaty, which was not to be extended, nor did extend to more than was expressly mentioned and set down therein, which it did determine. Rather this appeared to be a new case, omitted and unprovided for by the treaty, which must be determined and decided by common sense or common law.
Accordingly, since this matter was outside of the said treaty, we were not bound by the treaty, nor in any other manner to leave our right unexamined, nor was it either reasonable or proper to restore immediately in order to have to petition later, thus making ourselves, contrary to all ideas of equity and good faith, original criminal, prosecutor, or plaintiff; especially as it would be impossible or very difficult to recover what we should restore. For this very reason even the restitution of what was well known to be stolen was deferred by law, until the case of ownership was decided.
Furthermore the right of our ownership and possession was evident because of our just occupation. At least it could not be denied that we had based our intention on common law, according to which newly-found islands and mainlands, belonged to and remain his who occupied and took possession of them first, especially if taken possession of under the apostolic authority, to which–or according to the opinion of others, to the Emperor–it is only conceded to give this power. Since we, the said authorities, possessed these lands more completely than any other, and since the fact of our occupation and possession was quite evident, it followed clearly and conclusively that we ought to be protected in our rule and possession, and that whenever anyone should desire anything from us, he must sue us for it; and in such suit must be the occasion for examining the virtue and strength of the titles, the priority, and the authority of the occupation alleged by each party to the suit.
Meanwhile, and until it should be stated legally before one or the other, and that there ought to be a better right than ours, which we neither knew nor believed, we would base our intention upon common law. Therefore we held and possessed Maluco justly, since our title to acquire dominions therein was and is just and sufficient; and from common law arose, both then and now, our good faith and just intention. Our good faith and the justice of our side was apparent by these and other reasons, by the said treaty in what falls within its scope, and by common law and common sense in what falls outside it, or by all jointly. There was no reason or just cause in what the ambassadors petitioned, as formerly in this matter of possession, Silveira, ambassador of our brother, the most serene King of Portugal, the first to come upon this business, had been given thoroughly to understand. Now inasmuch as my wish has ever been, past and present, to preserve the relationship existing between the said most serene King and myself, and in order that the affection and alliance we have ever had may continue to increase, as is in accordance with our desire and actions regarding this matter, as well as upon everything most intimately connected with it, I commanded the members of our Council to review this question in private, and with care; and I charged them in the strongest possible manner that upon God and their own consciences they should declare to me their opinion When it had been examined and discussed again thoroughly, all these members agreed, _nemine discrepante,_ that, from everything observed up to the present, we held Maluco rightly. Now because, as you will understand, since all the members of my Council say the same thing, I ought to believe them, and it would neither be honest nor reasonable to disregard their opinion, especially in a matter upon which I acting alone could not nor can be well informed, I commanded that, according to the above, their opinion would be the answer to the said ambassadors, giving them to understand thoroughly the causes and reasons abovesaid, and others, which although clear and evident, the ambassadors would not accept. Rather they continued to persist that Maluco ought to be surrendered to them. They said they had information that Maluco had been found by the King of Portugal, and by his ships. But that information being unauthorized and in the same the witnesses being subjects of the King of Portugal, (you see how much advantage, honor, and increase it is to this nation to succeed in this undertaking), and it being a thing beyond the bounds of reason, and a matter of no credence or damage, we did not permit examination of it; for even though the evidence should prove damaging to the King of Portugal, he could not be compelled to abide by it, as it had not been presented in a regular court of law, nor sufficiently empowered by him. It was a departure from the principal matter of negotiation. And then too the said ambassadors, although other information better than their own was offered on my part, would not accept it, nor would they abide by it. Although, as you see, I ought not to depart from the said treaty, which was the only petition made me by the said ambassadors, they not wishing to stick to the truth, persisted obstinately in so doing, and then it was sufficient to have satisfied themselves as to its full observance.
But paying no heed to this, nor to the harm ensuing to us in persuading them, on account of my great affection to my cousin, the said most serene King of Portugal, and those causes already declared, proposals were made to the said ambassadors in my behalf, to wit, that it be considered immediately by the court of demarcation, and for this persons be appointed in accordance with the said treaty and the prorogation of it, and within a convenient period, which would not lengthen greatly the business in hand, nor be so short that it would seem that the matter could not be concluded in the time named, and the said declaration and demarcation should be determined. While this was being done, neither he nor I would despatch ships, nor engage in any new undertaking. This would be without hurt to either one of us, so that, if the demarcation was not determined in the time appointed, each one’s right would remain and continue fully in force. This expedient, although, it was very prejudicial to our evident and peaceful possession to discontinue it by any compact, and withal a compact made with the side opposing us, the ambassadors would scarcely listen to, declaring that they were not empowered by the King of Portugal to discuss any halfway measures. And afterwards, although with great urging on our part they consented to write the latter concerning this question (and they say they did write him concerning it), they gave out that the reply received was in the way of a refusal.
And notwithstanding that it was seen and known that they did not wish to abide by the said treaty, nor to adopt a middle course or any reasonable conclusion, another expedient was proposed by certain members of our Council, to whom I committed the matter, namely, that while the court of demarcation was sitting, as aforesaid, each side should have entire liberty to despatch ships, if he so wished. For by this means the King of Portugal could take no offense, since this expedient was the same for both. Rather, if any harm resulted, it appeared to be against our right, for of our own free will we permitted them to make expeditions, from which would follow the disturbance of our peaceful and continued possession. Upon every point, although they were given the choice between the said expedients, they answered as at first maintaining an obstinate silence and asserting that they were not authorized. Thus by their own decision and choice they left everything to us.
Then because there remained nothing more to attempt, and in order to convince them thoroughly, and that the King of Portugal, our cousin, might know our intention thoroughly, it was proposed to them that since they were not abiding by the treaty upon which they based their pretensions, nor accepted the expedients proposed to them, that they themselves should propose other expedients, so that if they seemed proper (as were those proposed to them), they might be deliberated upon. To this they answered for the third time that they had no authority to discuss halfway measures, but that Maluco should be surrendered to them. Seeing that all these compliments and offers of expedients made to them on my part, which were submissions rather than compliments, rather proved a loss than a gain to the negotiations, they were abandoned, and the question remained as at first. Inform the most serene King of Portugal in regard to these entire proceedings, for it is the truth. And see that he understands fully my wish, which is as above stated to you; and that I have not failed on my part to do all required by the said treaty, nor to consider any proper and reasonable expedient. Advise me fully of all that is done in this matter. Pamplona, December 18, 1523. I the King. [177] [Countersigned by the secretary Cobos. Signature of the chancellor and of Carvajal]
Treaty Between the Emperor and the King of Portugal Concerning the Limits and Possession of Maluco
[This treaty was negotiated in the city of Vitoria, being signed February 19, 1524. The negotiators acting for Spain were the following: Mercurinus de Gatinara, Grand Chancellor of his Majesty; Hernando de Vega, Commander-in-chief in Castile of the order of Santiago; Garcia de Padilla, Commander-in-chief of Calatrava; and Doctor Lorenzo Galindez de Carvajal: “all members of the Council of the most exalted and powerful Princes, Don Carlos, by the divine clemency Emperor ever august, and King of the Romans, and Dona Juana, his mother, and the same Don Carlos, her son, by the grace of God King and Queen of Castilla, Leon, Aragon, the two Sicilas, Jerusalen, etc.” Those acting for the Portuguese monarch were Pero Correa de Atubia, seignior of the city of Velas, and Doctor Juan de Faria, “both members of the Council of the most exalted and excellent Lord, Don Juan, by the grace of God, King of Portugal, of the Algarbes on this side of the sea and in Africa, seignior of Guinea, and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, India, etc.” The respective monarchs delegated full powers to these representatives to negotiate, in their names, this treaty, in which the ownership of Maluco was to be determined. The Spanish letter of authorization was signed in Vitoria, January 25, 1524. (Navarrete omits the Portuguese letter of authorization.) The treaty proper follows:]
Thereupon the said Representatives of the said King and Queen of Castilla, … etc., and of the said King of Portugal, … etc., said: That, inasmuch as some doubt exists, between the said Lords, their constituents as to the possession and ownership of Maluco, each one claiming that it falls within the bounds of his demarcation–which must be determined in accordance with the terms of the compact and treaty negotiated between the Catholic Sovereigns Don Hernando and Queen Dona Isabel, King and Queen of Castilla, … etc., and the most exalted and excellent King, Don Joan, King of Portugal, … etc., (may they rest in peace),–therefore they, jointly and severally, in the said names, and by virtue of the said powers, incorporated above, for the sake of peace and concord, and for the preservation of the relationship and affection between their constituents, authorize, consent to, and ratify the following:
First, there shall be appointed by each one of the parties to this treaty three astrologers, and three pilots and sailors, for the determination of the demarcation, which must be made according to the terms of the said treaty. These men must assemble, and they shall assemble, by the end of the month of March first following, or before that time if possible, at the boundary line of Castilla and Portugal, between the cities of Badajoz and Yelbes; in order that by the end of the month of May next following, of this present year, they may determine, in accordance with the terms of the said treaty, the said demarcation–taking a solemn oath as soon as they have assembled, and before attending to anything else, in the form prescribed by law and before two notaries (one for each side) with public declaration and testimony, swearing in the presence of God and the blessed Mary, and upon the words of the four holy Gospels, upon which they shall place their hands, that, laying aside all love and fear, hate, passion, or any interest, and with regard only to securing justice, they will examine the rights of the two parties involved.
Likewise three lawyers shall be appointed by each side, who, within the same period, and at the same place, and after having taken the said oath with all the solemn forms and in the manner abovesaid, shall inquire into the possession of Maluco, and receiving the proofs, documents, treaties, witnesses, and rights that shall have been presented before them, shall determine the possession, doing everything that seems necessary for making the said declaration, just as they would do in court. Of the three above-mentioned lawyers, he who is named first in the commission shall take charge of assembling all the other deputies of his side, in order that greater care may be exercised in the negotiations.
Further, during the said period and up to the end of the said month of May, next following, neither of the parties to this treaty shall despatch expeditions to Maluco, for purposes of trade or barter. But if, before the end of the said period the question of possession or ownership shall be determined, then the side, in whose favor the right of each of the said questions is declared, may despatch expeditions and may barter. And in case the question of ownership and demarcation is determined, then that of possession shall be understood to be decided and absorbed. If only the question of possession is determined by the said lawyers, without their being able to determine that of ownership, as aforesaid, then what still remains to be determined of the said ownership, and likewise of the possession of the said Maluco, shall, in accordance with the terms of the said treaty, remain in the same condition as before this present compact. All of the above must and shall be investigated without any prejudice to the rights of ownership and possession of either side, in accordance with the said treaty.
But if, before the conclusion of the said period, it shall appear to the lawyers first named in the commissions, as aforesaid, that the settlement can, in all probability, be concluded and determined with some further continuation of the time set, as above said; or if another good way or manner of procedure, by which this matter could be determined better under one head or another, to wit, that of possession or that of ownership, should offer itself to them, the two lawyers, as aforesaid, may, in either of these cases, prolong, for so long a time as seems convenient to them, the brief determination of the matter. During the period of the said continuation, these lawyers, and all the other deputies, each one in his own capacity, may investigate and ascertain, and they shall investigate and ascertain, just as if this extension of time were within the principal period named in their commission. But the said time shall be understood to be continued under the same conditions and obligations as hereinbefore stated.
And all the actions taken in this case shall be signed by the two notaries appointed in his name by each of the parties to this treaty, as aforesaid. Each notary shall write the actions taken by his side, and the other, after having confirmed and collated them, shall sign them.
_Iten_ [_Item_]: each one of the sides must obtain the ratification and confirmation of these articles from their said constituents, within the twenty days first ensuing.
[The strict observance of the above is promised in the fullest of terms by the representatives of the two sovereigns, in the names of their respective constituents. The oath is taken in the usual way, “before God, and the blessed Mary, and on the sign of the Cross, upon which they placed their right hands, and upon the words of the four holy Gospels, wheresoever they are written most completely, and on the consciences of their said constituents, that they, jointly and severally, shall keep, observe, and fulfil all the above, and every part and parcel of it, really and effectually, casting out all deceit, fraud, and pretense; and they shall, at no time, nor in any manner, contradict it; and under the said oath they swore not to seek absolution from our most Holy Father, or from any other legate or prelate who may give it them, and even if it be given them, of his own accord, they shall make no use of it.” Within twenty days of the date of the treaty, the respective representatives must exchange confirmations written on parchment and signed with the names and sealed with the hanging leaden seals of their constituents. The signatures affixed to the treaty are: Francisco de Valenzuela, secretary and knight of the order of Santiago; Pedro de Salazar, captain of their Majesties; Pedro de Ysasago, Contino [178] of their Majesties; Gregorio Casgas, Alvaro Mexia, and Sebastian Fernandez, servants of the said ambassador Pedro Correa de Arubia; Juan de Samano; and those of the negotiators.]
The Junta of Badajoz
Extract from the Records of the Possession and Ownership of the Moluccas
_Record of Possession_
April 11. On the bridge over the river Caya, situated on the boundary line between Castilla and Portugal the twenty-three deputies exhibited their authorizations. This first day passed in reading the treaty of Vitoria, negotiated February 19, 1524, and the letter of commission of the nine judges for Spain; the recall of Esteban Gomez, who _does not understand why he should take part in negotiations for our service_, and the appointment in his place of Fray Tomas Duran under date of Burgos March 20, 1524; the appointment of the nine Portuguese judges; the appointment of one attorney for Spain, and two attorneys for Portugal; and a secretary for Spain, and the same for Portugal.
II They took the solemn oath to act in the sight of God and conscientiously.
III The judges ordered the attorneys of either side to state their side of the case, and to proceed with the matter.
IV The attorneys disputed as to who should act as plaintiff. Each one wished the other to act in this capacity. The Spanish attorney asserted that this affair was at the instance of Portugal, and that the ambassadors had been sent for this purpose by that country. The Portuguese attorney asserted that there was nothing upon the matter in the treaty, as was well known to Spain. In this wise passed the day.
April 14. On the said bridge. The Portuguese attorneys presented a notification, asserting that they made no petition; they said that the King had had possession of Maluco for more than ten years; therefore Spain ought to ask for and accept the witnesses which, according to the terms of the treaty of Vitoria, they were prepared to give as their proofs.
The Spanish attorney gave answer, insisting that the King of Portugal had moved first in this matter, and therefore should be the plaintiff. As to the rest he said that the suit was obscure, vague, and general, insufficient to form a case on possession, and to pass a sure sentence upon it, let them specify wherein they thought the treaty was not observed, and let them attempt the fitting remedy and interdict, and he will answer them.
April 20. In the chapter of the Cathedral church of San Juan at Badajoz. The attorney for Portugal said that it was not apparent from the records that his King had moved first in this matter, nor even if such a thing should be apparent, could it be called a provocation, because this matter was between those who could not be coerced into judgment, since they recognized no superior. As to the claim that their suit was vague, that was no reason why it was not a suit. They stated clearly that their King had been in possession ten years and more. Therefore Spain should act as plaintiff.
April 21. Under the same head. The attorney for Spain insisted upon what he said before, adding only that in regard to this matter being started by Portugal, they denied what they knew to be so, and such a thing could be proved quickly. As to Portugal’s saying she had been in possession furnished no reason why Spain should be plaintiff.
April 22. _Ibid._ In a meeting of the judges, the three lawyers of Portugal gave expression to the following interlocutory opinion: that each side should make cross-examinations according to law, in order that they might examine the witness produced by the attorneys. Thus the latter could offer any writs, proofs, and documents from which they hoped to gain aid in this case, so that, when everything was seen and examined, this case and the doubt as to whom the possession belonged could be determined.
The three Castilian lawyers declared that the petitions of the Portuguese attorneys had no place, and therefore within three days they would state and plead their right.
The Portuguese judges said that both informal opinions agreed in each side pleading its right, but the Castilian judges did not state in theirs whether they should be by court or by petition, and they therefore asked them to make such declaration. The Castilian attorney said that the opinion of his side was clear and there was no occasion for the suit.
The legal judges for Castilla made the same assertion.
May 4. In Yelves, in the town hall. The attorneys for Portugal replied that they would receive hurt from the opinion of the Castilian judges, because the latter claimed wrongly that they were the plaintiffs; that the two interlocutory decisions of either part were not the same. And they asserted that to be in accord with justice, and the treaty, which was in harmony with the opinion of their judges, they ought to form a court of cross-examination and furnish as proofs to the attorney for Castilla those things placed before them. And if they would not do this, then it was evident that the delay in the case was due to the Castilian judges and attorney.
May 6. _Ibid._ The attorney for Castilla denied that the parties to the suit could compel the arbitrators to submit to their opinions. He defended the opinion of his judges; demonstrated that the contrary was unjust and null and void, because they demand witnesses and proofs to be received without a suit, debate, or conclusion preceding, a thing quite contrary to all order in law. He impugned the secret motive that could provoke the Portuguese judges to their interlocutory opinion, the apparent meaning of which was to make a summary investigation concerning the possession in order thereby to clear the way for the decision of ownership, thus making defendant and plaintiff change places. This had no place in the proceedings because they could not prepare the decision in which they did not make investigations. Further it would be a perversion of the order given by the two sides, both for petitioner and possessor, and clearly what they would do would be null and void. For this and other reasons the opinion of the Portuguese judges had no value. They ought to conform to ours, and not doing so, it is evident that they are guilty of the time already lost and which will be lost.
May 7. _Ibid._ The Portuguese attorney shattered at length the reasons of Ribera with texts from Bartulo [179] and Baldo, and concluded by saying that the opinion of the Castilian judges was null and void and wrong, and ought to be rectified. Without doubt this was the instruction received from the court.
May 13. At Badajoz, in the council house of the said town. The attorneys for Portugal petitioned that the reply of the attorney for Castilla should not be read, because it should have been presented in the junta before the twelfth. There was a dispute on this point, but it was read. It contradicted the other side, and insisted on the same thing as before. At the end it threw the blame for the delay on the Portuguese deputies, inasmuch as they would not come to an agreement with the intention of their Majesties that the cases be determined in the time allotted. The same day, _ibid._ In the afternoon meeting Ribera said that the onslaught of the Portuguese deputies on the preceding afternoon had been expected, and it was understood that today was the first meeting at which he ought to speak. Therefore he asked that the petition which precedes be admitted and be placed on record. This was ordered.
May 18. _Ibid._ In the afternoon the vote of the Portuguese judges taken the morning of the same day was made public, namely, that they clung to their opinion, and threw the blame for the delay on the opposite side.
May 19. The vote of the Castilian judges was made public. It was to the same effect. They added that the judges of Portugal should consider whether they could find any expedient or legal form, whereby the remaining time should not be lost, without prejudice to their declaration. The Portuguese judges asserted the answer given at Yelves, whereupon Ribera presented a petition, setting forth the intention of their Majesties, and throwing the blame on the other side for not having even commenced the case by wishing for proof without suit or foundation.
May 23. In Yelves, in the town hall. The attorneys for Portugal said that, with regard to the fault of the others who would not make use of the remedies provided by law in such cases, they found no other expedient except the one they had set forth in their interlocutory opinion.
May 24. _Ibid._ The judges for Portugal declared they had a letter from their King, in which he told them that the Emperor was writing to his deputies to agree to resolve themselves into courts for cross-examination and to continue the time. In the afternoon the judges for Spain answered that they were ready for any good expedient and method whereby this negotiation could be brought to a speedy close, in accordance with their Majesties’ wish. Those of Portugal replied that they did not answer whether they had such a letter from the Emperor, and if there was any delay, they were to blame.
May 25. _Ibid_. In the morning the judges for Castilla said that inasmuch as the matter upon which they had been notified was a weighty one, they would defer their answer until the next meeting on the twenty-seventh. Then the attorney Ribera presented a paper wherein he stated that the attorneys for Portugal ought to be compelled justly to act as plaintiffs, as in fact they had proved themselves to be in their petitions, conforming themselves therein with their sovereign who had provoked and commenced this negotiation. Therefore they were acting contrary to their words and deeds. The judges for Portugal ought to act in accordance with the interlocutory opinion of Castilia, so that the case might be valid. We did not have to solicit proofs and witnesses, since our rights were so well-known. But how could we solicit such things without a preceding sentence in accord with the suit depending upon the petitions, etc? Outside of this, since sentence must be passed jointly on possession and ownership, and the judges appointed for this purpose by the King of Portugal having placed a thousand impertinent obstacles in the way, it was evident that the deputies on the other side were avoiding the judgment and suit, and were eluding and losing the time of the compromise. Then he petitioned that they act in accord with his petition.
May 27. _Ibid_. The Emperor’s deputies, in answer to the notification of the twenty-fourth, said that although it was proper that their interlocutory opinion be acted upon, nevertheless, because their Majesties wished the affair settled within the time agreed upon, they would agree that the attorneys of each side should plead their rights within three days.
In the afternoon meeting the deputies of Portugal responded saying that the answer was unsatisfactory. It was unnecessary to have the attorneys of each part plead, since such a thing had been ordered without avail on the eleventh of April. Therefore they insisted upon the interlocutory assembly.
May 28. _Ibid_. The attorneys for Portugal presented a writ to the effect that the time limit expired on the last of May, and the matter was in such shape that it would be finished briefly; for in regard to the ownership, their attorneys were unanimous on the three points, except in matters of slight moment, in which they could soon agree. In the matter of possession, the witnesses of both sides were present, and such an expedient could be adopted that this case could be determined immediately. “Therefore we petition,” said they, “for a continuation of the time limit. In this will be done what ought to be done, and what the Emperor seems to wish, since he has told the ambassadors of our King that your graces could extend the time, and were empowered to do it by the said treaty.”
The licentiate Acuna answered immediately that prorogation was an act of jurisdiction, and should be determined on the boundary line, where, according to the order, they must meet during the last three days; and that he was ready to discuss the matter on Monday, May 30 with the licentiate Acevedo, the member first named on their commission.
Acevedo consented, and they agreed to meet on the said day at seven in the morning.
May 30. When the deputies met on the boundary line Acevedo gave his vote, namely, that bearing in mind the treaty and that the matter could be settled briefly, the two cases be continued through June.
Acuna’s vote was to the effect that it stipulated in the treaty that, if the case was in such shape it could be settled in a short time. In the matter of possession there was no case nor any sign that there would be one during the month. In that of ownership they differed from the very first point–some insisting that they should count from the island of La Sal, and others from that of San Antonio. He thought the time spent here by the deputies would be lost, and his presence was necessary in the employment and discharge of his duty. He did not see any other expedient but to refer the matter to their principals. Therefore, it was his opinion that the matter should not be continued.
Immediately the attorneys for Portugal declared that their King had written to the Emperor, both upon the question of proceeding by means of courts of cross-examination and upon that of continuing the case, and as he expected a favorable reply within eight or ten days, they should at least prorogue it until that time. To this effect notification should be made by licentiates Acuna and Acevedo.
Acuna answered that he had given his final answer in his reply. On the thirty-first there would be no meeting in regard to the possession. [180]
_Record of Ownership_ [181]
April 11. On the bridge of Caya River assembled the licentiates Cristobal Vasquez de Acuna, a member of the council, Pedro Manuel, a member of the audiencia and chancery of Valladolid; Fernando de Barrientos, a member of the council of Ordenes; Don Hernando Colon, Simon de Alcazoba, Doctor Sancho de Salaya, master of theology; Fray Tomas Duran, Pero Ruiz de Villegas, Captain Juan Sebastian del Cano; likewise the licentiate Antonio de Acevedo Coutino, Doctor Francisco Cardoso, Doctor Gaspar Vasquez, all of the desembargo of the King of Portugal; Diego Lopez de Sequera, of the King’s council and his chief magistrate, Pedro Alonso de Aguiar, nobleman of the said King’s household; Francisco de Mela, master of holy theology; licentiate Tomas de Torres, physician to the said King; Simon Fernandez, Bernaldo Perez, knight of the order of Christ–arbitrators appointed by Spain and Portugal. In the presence of the secretaries Bartolome Ruiz de Castaneda and Gomez Yanes de Freitas, the treaty appointments, etc., were read. And the witnesses, Doctor Bernaldino de Ribera, attorney of the chancery of Granada, and attorney-general for Spain; and the licentiate Juan Rodriguez de Pisa, advocate to their Majesties; and the licentiate Alfonso Fernandez and Doctor Diego Barradas, attorneys-general for Portugal [182] took the solemn oath.
Upon this day, the Portuguese attorneys declared that Alcazaba could not take the oath or act as judge, inasmuch as he had fled from Portugal with intent to be disloyal to his King, who had, for good and sufficient causes, refused him certain rewards, and had ordered him tried for certain offenses committed in India. This was the reason for his flight, and therefore he was a suspicious person and ought not act as judge. The attorneys asserted strenuously that they would not assent to anything Alcazaba did, and that their King had written the Emperor to appoint another in his place.
Nevertheless the judges ordered that he be sworn and he took the oath with the others. Immediately Doctor Ribera, attorney for Spain, said that the reasons were trifling, and seemed to have been invented to delay the case. A copy was given to the attorneys for Portugal and the day of
April 12. _Ibid_. The latter said that they held their suspicions justly, and therefore the King had written to the Emperor, etc.
April 20. In the chapter of San Juan, the Cathedral church of Badajoz. A despatch from the King of Portugal was read, removing Bernardo Perez from participation in the case, “because of certain reasons that move us” [could he have been refused by the Emperor in reply to the refusal of Alcazaba? could the said Perez be a Spaniard?] and appointing in his place master Margallo. Another provision of their Majesties was read, removing Simon de Alcazaba, “because he must occupy himself with matters connected with our service,” and appointing in his stead Master Alcarez; dated Burgos, April 10, 1524.–Secretary Cobos. Margallo and Alcarez took the oath and the matter of the demarcation was begun, by the reading of the treaty of Tordesillas of June 5, 1494, [183] with the confirmation given to the same at Arevalo, July 2, of the same year; and the agreement of May 7, 1495, as to the prorogation of the ten months allowed to the caravels to determine the said demarcation.
April 23. _Ibid_. They began to treat formally of the matter, and in accordance with what had been discussed before, the attorneys propounded three questions.
1st. In what manner the demarcation should be determined.
2d. How the islands of Cabo Verde were to be situated and located in their proper place.
3d. From which of the said islands they should measure the three hundred and seventy leagues.
The judges for Spain voted that these questions should be examined in this order.
May 4. In Yelves, in the town hall. The attorneys for Portugal deferred their voting until this day, and voted that the order of examination should be in the inverse order. Immediately the deputies for Spain declared that in order to avoid discussions they made the declaration of the following writ. In substance this was reduced to saying that they ought to determine first the manner of locating the islands and to choose the meridian for the three hundred and seventy leagues. But this matter being easy and one of pure reason, it ought not obstruct the investigation of the other two, and therefore they would summon the attorneys within three days, to give their decision as to the first question. And they would treat immediately of the other two, since the time limit was short, and already they had lost time enough both because of the refusal to accept Alcazaba and the illness of certain Portuguese deputies.
The Portuguese deputies voiced the following expression in the afternoon: that the reason for not meeting sooner was because certain of the Castilian deputies were not empowered. Moreover they insisted that the first point to be discussed was the one declared by them, but they agreed to the declaration of the attorneys concerning it within three days.
May 6. _Ibid_. In the morning the attorneys discussed the matter. They sent for the sea-charts and globes of each side which each desired. Several examinations were made. The same discussion was continued in the afternoon, and voting was deferred until
May 7. _Ibid_. In the morning the Portuguese representatives said that sea-charts were not so good as the blank globe with meridians as it represents better the shape of the world. Then they discussed the best means of putting the lands, islands, and coasts upon it, as they were quite prepared to do this.
The judges for Spain said that they preferred a spherical body, but that the maps and other proper instruments should not be debarred, in order that they might locate the lands better upon the said body.
May 12. In Badajoz, in the chapter of the said church. The judges for Spain said that on May 4 they had ordered the attorneys to discuss the question of the island from which the three hundred and seventy leagues should be measured; that their intention was to hear them _viva voce_; that time was short, and they summoned them for the following day.
May 13. At Badajoz, in the town hall. Having given notification, the togated attorney of their Majesties and the licentiate Juan Rodriguez de Pisa, of the Council and advocate in this case, discussed the law. The attorneys for Portugal talked also. Then the judges for Spain voted as follows: as to the island from which we should begin to reckon the three hundred and seventy leagues, it is our opinion that it should be the most westerly, San Antonio. They proved this conclusively both by the natural meaning of words, and by the intention and purpose of the Portuguese King to have it as far west as possible. It was also evident from other documents [he alludes to the bull] that Portugal had one hundred leagues on the other side of the islands, and two hundred and seventy more were conceded to her. Then the three hundred and seventy leagues must begin from the most westerly, that of San Antonio. [This is doubtless the paper of Hernando Colon, for it says _spherical_ and contains other sentences peculiar to it.] It was signed at the bottom by the astrologers and pilots alternately in the following order: D. Hernando Colon, Fray Tomas Duran, _Magister_, Doctor Salaya, Pero Ruiz de Villegas, Master Alcaraz, Juan Sebastian del Cano.
In the afternoon the judges for Portugal rendered the following vote: that the measurement of the said three hundred and seventy leagues should be made from the islands of La Sal or Buena Vista, which were on the same meridian. They adduced several trifling reasons which are not worth recording. They signed it at the bottom: Francisco de Melo, Diego Lopez de Sequera, Pedro Alfonso de Aguiar, Master Margallo, Licentiate Torres, Simon Fernandez.
May 14. _Ibid_. Having discussed the matter in regard to the judges for Portugal telling those for Castilla that they should give the form of their agreement, the latter presented the following writ: “The principal grounds upon which the judges for Portugal take their stand is, because in the treaty of 494 [_sic_] it is stated that the caravels shall sail from Canaria to the Cabo Verde Islands, of which the first and principal ones are La Sal and Buena Vista, as if that more than disposed of the voyage, and it was only necessary to finish the measurement.” Then they confirmed the reasons given in their former paper and showed conclusively that the judges for Portugal ought to act in accord with them, or the blame for the delay would be theirs, etc.
May 18. _Ibid_. The judges for Portugal say that they cannot act in accordance with them, because the treaty states that the measurement shall begin at the Cabo Verde Islands, and this must not be understood indefinite, in such manner that it signifies all of them, but that it must be from a meridian where several islands are found. This is the case at the islands of La Sal and Buena Vista. They repeated this with the terms _a quo_ and _ad quem_, and other subtle phrases, and concluded their long writ by saying that those of Castilla should act with them.
The judges for Castilla presented the following writ immediately: notwithstanding the contention in regard to the place from which they should calculate the three hundred and seventy leagues–to which they thought those from Portugal should conform themselves through fear of God–that they thought it best to pass beyond this question, and to locate the seas and lands on the blank globe. Much advantage would be derived from this. By so doing they would not be standing still and doing nothing. The location of the said lands and seas had no connection with the discussion, but perhaps it would prove to whom the Malucos belong no matter how the line be drawn. Therefore this ought to be done without awaiting the replies or debates which they have insinuated in their discussions, since they had not come here for debates nor to expect other agreement than the determining of justice. Then the judges for Castilla notified those of Portugal that they were acting up to what they said, and would continue to do so. And they would cast the blame upon them as acting contrary to right and law, and it could be seen that they were persisting in their attempt at delay, etc.
In the afternoon the judges for Portugal made answer asserting that their vote was in accordance with law, and they hoped those from Castilla would act in harmony with it. Moreover they agreed to pass on to the other matters of this negotiation.
May 23. In Yelves, in the town hall. The judges for Castilla said that, in accordance with the agreement, they had brought in the map showing the navigation from Castilla to the Malucos. In this was set down especially the cape of San Agustin in Brazil, in eight degrees of south latitude, and in twenty degrees of longitude west of the island of San Antonio; likewise was shown all the coast to the strait of the Malucos [Magallanes] whose entrance lies in fifty-two and one-half degrees of south latitude and four and one-half degrees of longitude farther west. The map contained also all the Maluco Islands, Gilolo, Burnel, Tincor, and many others which were named by Captain Juan Sebastian [del Cano], navigators who sailed in the “Victoria” and who were present at the assembly, and others who together with the foregoing discovered them, calling them the archipelago of the Malucos; and being situated in two degrees on each side of the equinoctial, and lying a distance of one hundred and seventy degrees from the meridian of the cape of San Agustin and one hundred and fifty from the divisional line. They handed this map to the judges for Portugal so that they might examine it, and petitioned them to show their navigation [eastward].
In the afternoon those acting for Portugal said that the foregoing map was of use only in determining the third point, for the Cabo Verde islands were not on it, with the exception of a portion of the island of San Antonio. “Many other lands were lacking and, above all the Line of Demarcation was drawn contrary to our opinion, nor is it sufficient to say that it was the navigation of Captain Juan Sebastian del Cano. Likewise we showed a similar map on which the Malucos were