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diff --git a/old/13255-8.txt b/old/13255-8.txt new file mode 100644 index 0000000..b9e69b3 --- /dev/null +++ b/old/13255-8.txt @@ -0,0 +1,9724 @@ +Project Gutenberg's The Philippine Islands, 1493-1803, by Emma Helen Blair + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Philippine Islands, 1493-1803 + +Author: Emma Helen Blair + +Release Date: August 22, 2004 [EBook #13255] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PHILIPPINE ISLANDS, 1493-1803 *** + + + + +Produced by Jeroen Hellingman and the Distributed Proofreaders Team + + + + + + + + + +The Philippine Islands, 1493-1898 + +explorations by early navigators, descriptions of the islands and +their peoples, their history and records of the catholic missions, +as related in contemporaneous books and manuscripts, showing the +political, economic, commercial and religious conditions of those +islands from their earliest relations with European nations to the +beginning of the nineteenth century + +Volume I, 1493-1529 + + + +Edited and annotated by Emma Helen Blair and James Alexander Robertson +with historical introduction and additional notes by Edward Gaylord +Bourne. + + + + + + + + +Contents of Volume I + + +General Preface. _The Editors_. ... 13 +Historical Introduction. _Edward Gaylord Bourne._ ... 19 +Preface to Volume I ... 89 +Documents regarding the Line of Demarcation: + + Papal Bulls of 1493: _Inter cætera_ (May 3), _Eximiæ_ (May + 3), _Inter cætera_ (May 4), _Extension de la concesion_ + (September 25). Alexander VI; Rome, 1493. ... 97 + Treaty of Tordesillas. Fernando V and Isabel of Castile, + and João II of Portugal; Tordesillas, June 7, 1494. ... 115 + [Note on correspondence of Jaime Ferrer regarding the Line + of Demarcation--1493-95.] 130 + Compact between the Catholic Sovereigns and the King of + Portugal. Fernando V and Isabel of Castile, and João II of + Portugal; Madrid, April 15, 1495. 131 + Papal Bull, _Præcelsæ_ Leo X; Rome, November 3, 1514. 136 + Instructions from the King of Spain to his ambassadors. Cárlos + I of Spain; Valladolid, February 4, 1523. 139 + Letter to Juan de Zúñiga. Cárlos I of Spain; Pamplona, + December 18, 1523. 145 + Treaty of Vitoria. Cárlos I of Spain, and João III of Portugal; + Vitoria, February 19, 1524 + Junta of Badajoz: extract from the records in the possession + and ownership of the Moluccas. Badajoz; April 14-May 13, 1524 + + Opinions concerning the ownership of the + Moluccas. Hernando Colon, Fray Tomás Duran, Sebastian + Caboto, and Juan Vespucci; Badajoz April 13-15, 1524 + Letters to the Spanish delegates at the Junta of + Badajoz. Cárlos I of Spain; Búrgos, March 21 and + April 10, 1524 + + Treaty of Zaragoza. Cárlos I of Spain and João III of Portugal; + Zaragoza, April 29, 1529 + +Papal Bull, _Eximiæ_. Alexander VI; Rome, November 16, 1501 +Life and Voyage of Fernão de Magalhães. + + [Résumé of contemporaneous documents--1518-27.] + Letter of authorization to Falero and Magalhães. Cárlos I of + Spain; Valladolid, March 22, 1518 + Carta de el-rei de Castella para El-rei D. Manuel. Cárlos I + of Spain; Barcelona, February 28, 1519 + Instructions to Juan de Cartagena. Cárlos I of Spain; + Barcelona, April 6, 1519 + [1]Carta do rei de Castella a Fernando de Magalhães e a Ruy + Falero. Cárlos I; Barcelona, April 19, 1519 ... 294 + Extracto de una carta de las Indias. 1522. ... 296 + De Molvccis Insulis. [Letter to the Cardinal of Salzburg, + describing Magalhães's voyage to the Moluccas.] Maximillianus + Transylvanus; Coloniæ, 1523. ... 305 + +Bibliographical Data ... 339 +Appendix: Chronological Tables ... 345 + + + + +Illustrations + + +Portrait of Fernão de Magalhães; photographic reproduction +from painting in the Museo-Biblioteca de Ultramar, +Madrid. ... _Frontispiece_ +Signature of Fernão de Magalhães; photographic facsimile, from original +_Ms_. in Archivo General de Indias, Seville. ... 273 +Title-page of _De Molvccis Insulis_; photographic facsimile, from +copy of the first edition, at Lenox Library. ... 303 +General map of the Philippine Archipelago. ... _At end of volume_ + + + + + +General Preface + + +The entrance of the United States of America into the arena of +world-politics, the introduction of American influence into Oriental +affairs, and the establishment of American authority in the Philippine +archipelago, all render the history of those islands and their, +numerous peoples a topic of engrossing interest and importance +to the reading public, and especially to scholars, historians, +and statesmen. The present work--its material carefully selected +and arranged from a vast mass of printed works and unpublished +manuscripts--is offered to the public with the intention and hope +of casting light on the great problems which confront the American +people in the Philippines; and of furnishing authentic and trustworthy +material for a thorough and scholarly history of the islands. For +this purpose, the Editors reproduce (mainly in English translation) +contemporaneous documents which constitute the best original sources +of Philippine history. Beginning with Pope Alexander VI's line of +demarcation between the Spanish and the Portuguese dominions in the +New World (1493), the course of history in the archipelago is thus +traced through a period of more than three centuries, comprising the +greater part of the Spanish régime. + +In the selection of material, the Editors have sought to make +the scope of the work commensurate with the breadth of the field, +and to allot to each subject space proportioned to its interest; +not only the political relations, but the social and religious, +economic and commercial conditions of the Philippines have received due +attention and care. All classes of writers are here represented--early +navigators, officials civil and military, ecclesiastical dignitaries, +and priests belonging to the various religious orders who conducted +the missions among the Filipino peoples. To the letters, reports, and +narratives furnished by these men are added numerous royal decrees, +papal bulls and briefs, and other valuable documents. Most of this +material is now for the first time made accessible to English-speaking +readers; and the great libraries and archives of Spain, Italy, France, +England, Mexico, and the United States have generously contributed +to furnish it. + +In the presentation of these documents, the Editors assume an entirely +impartial attitude, free from any personal bias, whether political or +sectarian. They aim to secure historical accuracy, especially in that +aspect which requires the sympathetic interpretation of each author's +thought and intention; and to depict faithfully the various aspects +of the life of the Filipinos, their relations with other peoples +(especially those of Europe), and the gradual ascent of many tribes +from barbarism. They invite the reader's especial attention to the +Introduction furnished for this series by Professor Edward Gaylord +Bourne, of Yale University--valuable alike for its breadth of view +and for its scholarly thoroughness. The Bibliographical Data at the +end of each volume will supply necessary information as to sources +and location of the documents published therein; fuller details, and +of broader scope, will be given in the volume devoted to Philippine +bibliography, at the end of the series. + +In preparing this work, the Editors have received most friendly +interest and aid from scholars, historians, archivists, librarians, +and State officials; and from prominent ecclesiastics of the Roman +Catholic church, and members of its religious orders. Especial +thanks are due to the following persons: Hon. John Hay, Secretary +of State, Washington; Sr. D. Juan Riaño, secretary of the Spanish +Legation, Washington; Hon. Bellamy Storer, late U.S. Minister to +Spain; Hon. Robert Stanton Sickles, secretary of U.S. Legation, +Madrid; Dr. Thomas Cooke Middleton, O.S.A., Villanova College, +Penn.; Rev. Thomas E. Sherman, S.J., St. Ignatius College, Chicago; +Rev. John J. Wynne, S.J., Apostleship of Prayer, New York; Rev. Ubaldus +Pandolfi, O.S.F., Boston; Bishop Ignatius F. Horstmann, Cleveland; +Bishop Sebastian G. Messmer, Green Bay, Wis.; Fray Eduardo Navarro +Ordóñez, O.S.A., Colegio de Agustinos, Valladolid, Spain; Rev. Pablo +Pastells, S.J., Sarría, Barcelona, Spain; Charles Franklin Thwing, +LL.D., President of Western Reserve University; Frederick J. Turner, +Director of the School of History, University of Wisconsin; Richard +T. Ely (director) and Paul S. Reinsch, of the School of Economics and +Political Science, University of Wisconsin; Edward G. Bourne, Professor +of History, Yale University; Herbert Putnam (librarian), Worthington +C. Ford, P. Lee Phillips, A.P.C. Griffin, James C. Hanson, and other +officials, Library of Congress, Washington, D. C.; Wilberforce Eames +(librarian) and Victor H. Paltsits, Lenox Library, New York; William +I. Fletcher, librarian of Amherst College; Reuben G. Thwaites and +Isaac S. Bradley, State Historical Society of Wisconsin; William +C. Lane (librarian) and T.J. Kiernan, Library of Harvard University; +John D. Fitzgerald, Columbia University, New York; Henry Vignaud, chief +secretary of U.S. Legation, Paris; Sr. D. Duque del Almodovar del Rio, +Minister of State, Madrid, Spain; Sr. Francisco Giner de los Rios, of +University of Madrid, and Director of Institución Libre de Enseñanza; +Sr. Ricardo Velasquez Bosco, Madrid; Sr. D. Cesáreo Fernández Duro, +of Real Academia de la Historia, Madrid; Sr. D. Eduardo de Hinojosa, +Madrid; Sr. D. Pedro Torres Lanzas, Director of Archivo General de +Indias, Seville; Sr. D. Julian Paz, Director of Archivo General, +Simancas; Sr. D. Francisco de P. Cousiño y Vazquez, Librarian of +Museo-Biblioteca de Ultramar, Madrid. + +Favors from the following are also acknowledged. Benj. P. Bourland, +Professor of Romance Languages, Western Reserve University; Professor +C.H. Grandgent, Department of Romance Languages, Harvard University; +John Thomson, Free Library of Philadelphia; George Parker Winship, +Carter-Brown Library, Providence, R.I.; Addison Van Name, Librarian +of Yale University; Otto H. Tittmann, U.S. Coast and Geodetic Survey, +and Dr. Otis T. Mason, Curator U.S. National Museum, Washington, +D. C.; Rev. Laurence J. Kenny, S.J., St. Louis University; +Rev. Henry J. Shandelle, S.J., Georgetown University, Washington; +Rev. Thomas Hughes, S.J., and Rev. Rudolf J. Meyer, S.J., Rome, Italy; +Dr. N. Murakami, Imperial University, Tokyo, Japan; Sr. D. Vicente +Vignau y Balester, Director of Archivo Histórico-Nacional, Madrid; +Sr. D. Conde de Ramonones, Minister of Public Instruction, Madrid; +Sr. D.W.E. Retana, Civil Governor of province of Huesca, Spain; +Sr. D. Clemente Miralles de Imperial (director) and Sr. D. J. Sanchez +Garrigós (librarian), of Compañia General de Tabacos de Filipinas, +Barcelona; Rev. Julius Alarcon, S.J., Rev. Joaquin Sancho, S.J., +Rev. J.M. de Mendia, S.J., and the late Rev. José María Vélez, S.J., +Madrid; Rev. T. M. Obeso, S.J., Bilbao; Rev. José Algué, S.J., Director +of Observatory, Manila, Luzon; Fray Tirso Lopez, O.S.A., and Fray +Antonio Blanco, O.S.A., Colegio de Agustinos, Valladolid; Sr. Antonio +Rodriguez Villa, Biblioteca de la Real Académia de la Historia, +Madrid; Sr. Roman Murillo y Ollo, Librarian, Real Académia Española, +Madrid; and officials of Biblioteca Nacional, Madrid; Sr. Gabriel +Pereira, Director of Bibliotheca Nacional, Lisbon; Sr. P.A. d'Azevedo, +Director of Archivo Nacional (Torre do Tombo), Lisbon; Sr. José Duarte +Ramalho Ortigão (director) and Sr. Jordão A. de Freitas (official), +Bibliotheca Real da Ajuda, Lisbon; officials of Academia Real das +Sciencias, Lisbon; and officials of U.S. Legations, Lisbon and Madrid. + +_Emma Helen Blair_ +_James Alexander Robertson_ + + + +Historical Introduction + +_by Edward Gaylord Bourne_ + +The American people are confronted with two race problems, one within +their own confines and long familiar but still baffling solution; +the other, new, remote, unknown, and even more imperatively demanding +intelligent and unremitting effort for its mastery. + +In the first case there are some eight millions of people +ultimately derived from various savage tribes in Africa but long +since acclimatized, disciplined to labor, raised to civilized life, +Christianized, and by the acquisition of the English language brought +within a world of ideas inaccessible to their ancestors. Emancipated +by the fortune of war they are now living intermingled with a ruling +race, in it, but not of it, in an unsettled social status, oppressed +by the stigma of color and harassed and fettered by race prejudice. + +In the other case there are six or seven millions of Malays whose +ancestors were raised from barbarism, taught the forms and manners +of civilized life, Christianized, and trained to labor by Catholic +missionaries three centuries ago. A common religion and a common +government have effaced in large measure earlier tribal differences +and constituted them a people; yet in the fullest sense of the word a +peculiar people. They stand unique as the only large mass of Asiatics +converted to Christianity in modern times. They have not, like the +African, been brought within the Christian pale by being torn from +their natural environment and schooled through slavery; but, in their +own home and protected from general contact with Europeans until +recent times, they have been moulded through the patient teaching, +parental discipline, and self-sacrificing devotion of the missionaries +into a whole unlike any similar body elsewhere in the world. They, +too, by the fortunes of war have lost their old rulers and guides +and against their will submit their future to alien hands. To govern +them or to train them to govern themselves are tasks almost equally +perplexing, nor is the problem made easier or clearer by the clash +of contradictory estimates of their culture and capacity which form +the ammunition of party warfare. + +What is needed is as thorough and intelligent a knowledge of their +political and social evolution as a people as can be gained from +a study of their history. In the case of the Negro problem the +historical sources are abundant and accessible and the slavery +question is accorded, preeminent attention in the study of American +history. In the Philippine question, however, although the sources +are no less abundant and instructive they are and have been highly +inaccessible owing, on the one hand, to the absolute rarity of the +publications containing them, and, on the other, to their being +in a language hitherto comparatively little studied in the United +States. To collect these sources, scattered and inaccessible as they +are, to reproduce them and interpret them in the English language, +and to make it possible for university and public libraries and +the leaders in thought and policy to have at hand the complete and +authentic records of the culture and life of the millions in the +Far East whom we must understand in order to do them justice, is an +enterprise large in its possibilities for the public good. + +In accordance with the idea that underlies this collection this +Introduction will not discuss the Philippine question of today nor +Philippine life during the last half century, nor will it give a +short history of the Islands since the conquest. For all these the +reader may be referred to recent publications like those of Foreman, +Sawyer, or Worcester, or earlier ones like those of Bowring and +Mallat, or to the works republished in the series. The aim of the +Introduction is rather to give the discovery and conquest of the +Philippines their setting in the history of geographical discovery, +to review the unparalleled achievements of the early conquerors and +missionaries, to depict the government and commerce of the islands +before the revolutionary changes of the last century, and to give such +a survey, even though fragmentary, of Philippine life and culture under +the old régime as will bring into relief their peculiar features and, +if possible, to show that although the annals of the Philippines may +be dry reading, the history of the Philippine people is a subject of +deep and singular interest. + +The Philippine Islands in situation and inhabitants belong to the +Asiatic world, but, for the first three centuries of their recorded +history, they were in a sense a dependency of America, and now the +whirligig of time has restored them in their political relations to +the Western Hemisphere. As a dependency of New Spain they constituted +the extreme western verge of the Spanish dominions and were commonly +known as the Western Islands [2] _(Las Islas del Poniente)._ Their +discovery and conquest rounded out an empire which in geographical +extent far surpassed anything the world had then seen. When the sun +rose in Madrid, it was still early afternoon of the preceding day in +Manila, and Philip II was the first monarch who could boast that the +sun never set upon his dominions. [3] + +In one generation, 1486-1522, the two little powers of the Iberian +Peninsula had extended their sway over the seas until they embraced the +globe. The way had been prepared for this unparalleled achievement by +the courage and devotion of the Portuguese Prince Henry the Navigator, +who gave his life to the advancement of geographical discovery and +of Portuguese commerce. The exploration of the west coast of Africa +was the school of the navigators who sailed to the East and the West +Indies, and out of the administration of the trade with Africa grew +the colonial systems of later days. + +In the last quarter of the fifteenth century the increasing +obstructions in Egypt and by the Turks to the trade with the East +Indies held out a great prize to the discoverer of an all-sea route +to the Spice Islands. Bartholomew Diaz and Vasco da Gama solved this +problem for Portugal, but the solution offered to Spain by Columbus +and accepted in 1492 revealed a New World, the Indies of the West. + +The King of Portugal, zealous to retain his monopoly of African and +eastern exploration, and the pious sovereigns of Spain, desirous to +build their colonial empire on solid and unquestioned foundations, +alike appealed to the Pope for a definition of their rights and a +confirmation of their claims. The world seemed big enough and with a +spacious liberality Pope Alexander VI granted Ferdinand and Isabella +the right to explore and to take possession of all the hitherto +unknown and heathen parts of the world west of a certain line drawn +north and south in the Atlantic Ocean. East of that line the rights +of Portugal, resting on their explorations and the grants of earlier +popes, were confirmed. + +The documentary history of the Philippines begins with the Demarcation +Bulls and the treaty of Tordesillas, for out of them grew Magellan's +voyage and the discovery of the islands; and without them the +Philippines would no doubt have been occupied by Portugal and later +have fallen a prey to the Dutch as did the Moluccas. + +King John of Portugal was dissatisfied with the provisions of the +Demarcation Bulls. He held that the treaty between Spain and Portugal +in 1479 had resigned to Portugal the field of oceanic discovery, +Spain retaining only the Canaries; and he felt that a boundary line +only a hundred leagues west of the Azores not only was an infringement +on his rights but would be a practical embarrassment in that it would +not allow his sailors adequate sea room for their African voyages. + +His first contention was hardly valid; the second, however, +was reasonable and, as Columbus had estimated the distance from +the Canaries to the new islands at over nine hundred leagues, the +Catholic sovereigns were disposed to make concessions. By the treaty +of Tordesillas, June 7, 1494, it was agreed that the Demarcation +Line should be drawn three hundred and seventy leagues west of the +Cape Verde Islands. [4] This treaty accepted the principle of the +Papal arbitration but shifted the boundary to a position supposed to +be half-way between the Cape Verde Islands and the newly discovered +islands of Cipangu and Antilia. [5] + +Neither in the Papal Bulls nor in the Treaty of Tordesillas was there +any specific reference to an extension of the Line around the globe or +to a division of the world. The arrangement seems to have contemplated +a free field for the exploration and conquest of the unknown parts +of the world, to the eastward for Portugal, and to the westward for +Spain. If they should cross each other's tracks priority of discovery +would determine the ownership. [6] + +The suggestion of the extension of the line around the globe and of the +idea that Spain was entitled to what might be within the hemisphere +set off by the Demarcation Line and its extension to the antipodes +does not appear until the time of Magellan, and it is then that we +first meet the notion that the Pope had divided the world between +Spain and Portugal like an orange. [7] + +The Portuguese reached India in 1498. Thirteen years later Albuquerque +made conquest of Malacca of the Malay Peninsula, the great entrepôt +of the spice trade; but even then the real goal, the islands where +the spices grow, had not been attained. The command of the straits, +however, promised a near realization of so many years of labor, and, as +soon as practicable, in December 1511, Albuquerque despatched Antonio +d'Abreu in search of the precious islands. A Spanish historian of the +next century affirms that Magellan accompanied d'Abreu in command of +one of the ships, but this can hardly be true. [8] Francisco Serrão, +however, one of the Portuguese captains, was a friend of Magellan's and +during his sojourn of several years in the Moluccas wrote to him of a +world larger and richer than that discovered by Vasco da Gama. It is +probable, as the historian Barros, who saw some of this correspondence, +sugguests, that Serrão somewhat exaggerated the distance from Malacca +to the Moluccas, and so planted the seed which bore such fruit in +Magellan's mind. [9] + +The year after the Portuguese actually attained the Spice Islands, +Vasco Nuñez de Balboa, first of Europeans (1513), set eyes upon the +great South Sea. It soon became only too certain that the Portuguese +had won in the race for the land of cloves, pepper, and nutmegs. But, +in the absence of knowledge of the true dimensions of the earth and +with an underestimate of its size generally prevailing, the information +that the Spice Islands lay far to the east of India revived in the +mind of Magellan the original project of Columbus to seek the land +of spices by the westward route. That he laid this plan before the +King of Portugal, there seems good reason to believe, but when he saw +no prospect for its realization, like Columbus, he left Portugal for +Spain. It is now that the idea is evolved that, as the Moluccas lie so +far east of India, they are probably in the Spanish half of the world, +and, if approached from the west, may be won after all for the Catholic +king. No appeal for patronage and support could be more effective, +and how much reliance Magellan and his financial backer Christopher +Haro placed upon it in their petition to King Charles appears clearly +in the account by Maximilianus Transylvanus of Magellan's presentation +of his project: "They both showed Caesar that though it was not yet +quite sure whether Malacca was within the confines of the Spaniards +or the Portuguese, because, as yet, nothing of the longitude had been +clearly proved, yet, it was quite plain that the Great Gulf and the +people of Sinae lay within the Spanish boundary. This too was held +to be most certain, that the islands which they call the Moluccas, +in which all spices are produced, and are thence exported to Malacca, +lay within the Spanish western division, and that it was possible to +sail there; and that spices could be brought thence to Spain more +easily, and at less expense and cheaper, as they come direct from +their native place." [10] + +Equally explicit was the contract which Magellan entered into with King +Charles: "Inasmuch as you bind yourself to discover in the dominions +which belong to us and are ours in the Ocean Sea within the limits of +our demarcation, islands and mainlands and rich spiceries, etc." This +is followed by an injunction "not to discover or do anything within +the demarcation and limits of the most serene King of Portugal." [11] + +Las Casas, the historian of the Indies, was present in Valladolid when +Magellan came thither to present his plan to the King. "Magellan," +he writes, "had a well painted globe in which the whole world was +depicted, and on it he indicated the route he proposed to take, +saving that the strait was left purposely blank so that no one should +anticipate him. And on that day and at that hour I was in the office +of the High Chancellor when the Bishop [of Burgos, Fonseca] brought it +[_i.e._ the globe] and showed the High Chancellor the voyage which +was proposed; and, speaking with Magellan, I asked him what way he +planned to take, and he answered that he intended to go by Cape Saint +Mary, which we call the Rio de la Plata and from thence to follow the +coast up until he hit upon the strait. But suppose you do not find +any strait by which you can go into the other sea. He replied that +if he did not find any strait that he would go the way the Portuguese +took.--This Fernando de Magalhaens must have been a man of courage and +valiant in his thoughts and for undertaking great things, although +he was not of imposing presence because he was small in stature and +did not appear in himself to be much." [12] + +Such were the steps by which the Papal Demarcation Line led to +the first circumnavigation of the globe, the greatest single human +achievement on the sea. [13] The memorable expedition set out from +Seville September 20, 1519. A year elapsed before the entrance to the +strait named for the great explorer was discovered. Threading its +sinuous intricacies consumed thirty-eight days and then followed a +terrible voyage of ninety-eight days across a truly pathless sea. The +first land seen was the little group of islands called Ladrones from +the thievishness of the inhabitants, and a short stay was made at +Guam. About two weeks later, the middle of March, the little fleet +reached the group of islands which we know as the Philippines but +which Magellan named the islands of St. Lazarus, from the saint whose +day and feast were celebrated early in his stay among them. [14] + +The calculations of the longitude showed that these islands were well +within the Spanish half of the world and the success with which a Malay +slave of Magellan, brought from Sumatra, made himself understood [15] +indicated clearly enough that they were not far from the Moluccas +and that the object of the expedition, to discover a westward route +to the Spice Islands, and to prove them to be within the Spanish +demarcation, was about to be realized. But Magellan, like Moses, +was vouchsafed only a glimpse of the Promised Land. That the heroic +and steadfast navigator should have met his death in a skirmish with +a few naked savages when in sight of his goal, is one of the most +pathetic tragedies in history. [16] + +The difficulties, however, of approaching the Moluccas by the western +route through the straits of Magellan (that Cape Horn could be rounded +was not discovered till 1616), the stubborn and defiant attitude +of the King of Portugal in upholding his claims, the impossibility +of a scientific and exact determination of the Demarcation Line in +the absence of accurate means for measuring longitude,--all these, +reinforced by the pressure of financial stringency led King Charles in +1529 to relinquish all claims to or rights to trade with the Moluccas +for three hundred and fifty thousand ducats. [17] In the antipodes a +Demarcation Line was to be drawn from pole to pole seventeen degrees +on the equator, or two hundred and ninety-seven leagues east of the +Moluccas, and it was agreed that the subjects of the King of Castile +should neither sail or trade beyond that line, or carry anything +to the islands or lands within it. [18] If a later scientific and +accurate determination should substantiate the original claims of +either party the money should be returned [19] and the contract be +dissolved. Although the archipelago of St. Lazarus was not mentioned +in this treaty it was a plain renunciation of any rights over the +Philippines for they lie somewhat to the west of the Moluccas. + +The King of Spain, however, chose to ignore this fact and tacitly +assumed the right to conquer the Philippines. It was, however, +thirteen years before another attempt was made in this direction. By +this time the conquest and development of the kingdom of New Spain +made one of its ports on the Pacific the natural starting point. This +expedition commanded by Rui Lopez de Villalobos was despatched +in 1542 and ended disastrously. The Portuguese Captain-general in +the Moluccas made several vigorous protests against the intrusion, +asserting that Mindanao fell within the Portuguese Demarcation and +that they had made some progress in introducing Christianity. [20] + +Villalobos left no permanent mark upon the islands beyond giving +the name "Felipinas" to some of them, in honor of "our fortunate +Prince." [21] + +Nearly twenty years elapsed before another expedition was undertaken, +but this was more carefully organized than any of its predecessors, and +four or five years were absorbed in the preparations. King Philip II, +while respecting the contract with Portugal in regard to the Moluccas, +proposed to ignore its provisions in regard to other islands included +within the Demarcation Line of 1529. In his first despatch relative +to this expedition in 1559 he enjoins that it shall not enter the +Moluccas but go "to other islands that are in the same region as +are the Philippines and others that were outside the said contract, +but within our demarcation, that are said to produce spices." [22] + +Friar Andrés de Urdaneta, who had gone to the Moluccas with Loaisa +in 1525, while a layman and a sailor, explained to the king that as +_la isla Filipina_ was farther west than the Moluccas the treaty of +Zaragoza was just as binding in the case of these islands as in that +of the Moluccas, and that to avoid trouble some "legitimate or pious +reason for the expedition should be assigned such as the rescue of +sailors who had been lost on the islands in previous expeditions or +the determination of the longitude of the Demarcation Line" [23] + +It is clear from the sequel that King Philip intended, as has been +said, to shut his eyes to the application of the Treaty of Zaragoza +to the Philippines. As they did not produce spices the Portuguese +had not occupied them and they now made no effectual resistance +to the Spanish conquest of the islands. [24] The union of Portugal +to the crown of Spain in 1580 subsequently removed every obstacle, +and when the Portuguese crown resumed its independence in 1640 the +Portuguese had been driven from the Spice Islands by the Dutch. + +This is not the place to narrate in detail the history of the +great expedition of Legaspi. It established the power of Spain +in the Philippines and laid the foundations of their permanent +organization. In a sense it was an American enterprise. The ships +were built in America and for the most part equipped here. It was +commanded and guided by men who lived in the New World. The work of +Legaspi during the next seven years entitles him to a place among the +greatest of colonial pioneers. In fact he has no rival. Starting with +four ships and four hundred men, accompanied by five Augustinian monks, +reinforced in 1567 by two hundred soldiers, and from time to time by +similar small contingents of troops and monks, by a combination of +tact, resourcefulness, and courage he won over the natives, repelled +the Portuguese and laid such foundations that the changes of the +next thirty years constitute one of the most surprising revolutions +in the annals of colonization. A most brilliant exploit was that of +Legaspi's grandson, Juan de Salcedo, a youth of twenty-two who with +forty-five men explored northern Luzon, covering the present provinces +of Zambales, Pangasinán, La Union, Ilocos, and the coast of Cagayán, +and secured submission of the people to Spanish rule. [25] Well might +his associates hold him "unlucky because fortune had placed him where +oblivion must needs bury the most valiant deeds that a knight ever +wrought." [26] Nor less deserving of distinction than Legaspi and his +heroic grandson was Friar Andrés de Urdaneta the veteran navigator +whose natural abilities and extensive knowledge of the eastern seas +stood his commander in good stead at every point and most effectively +contributed to the success of the expedition. Nor should the work of +the Friars be ignored. Inspired by apostolic zeal, reinforced by the +glowing enthusiasm of the Catholic Reaction, gifted and tireless, +they labored in harmony with Legaspi, won converts, and checked the +slowly-advancing tide of Mohammedanism. The ablest of the Brothers, +Martin de Rada, was preaching in Visayan within five months. + +The work of conversion opened auspiciously in Cebu, where Legaspi +began his work, with a niece of Tupas, an influential native, who was +baptized with great solemnity. Next came the conversion of the Moor +[Moslem] "who had served as interpreter and who had great influence +throughout all that country." In 1568 the turning point came with +the baptism of Tupas and of his son. This opened the door to general +conversion, for the example of Tupas had great weight. [27] + +It is a singular coincidence that within the span of one human life +the Spaniard should have finished the secular labor of breaking the +power of the Moslem in Spain and have checked his advance in the +islands of the antipodes. The religion of the prophet had penetrated +to Malacca in 1276, had reached the Moluccas in 1465, and thence was +spreading steadily northward to Borneo and the Philippines. Iolo +(Sulu) and Mindanao succumbed in the sixteenth century and when +Legaspi began the conquest of Luzon in 1571 he found many Mohammedans +whose settlement or conversion had grown out of the trade relations +with Borneo. As the old Augustinian chronicler Grijalva remarks, and +his words are echoed by Morga and by the modern historian Montero y +Vidal: [28] "So well rooted was the cancer that had the arrival of +the Spaniards been delayed all the people would have become Moors, +as are all the islanders who have not come under the government of +the Philippines." [29] + +It is one of the unhappy legacies of the religious revolution +of the sixteenth century that it has fixed a great gulf between +the Teutonic and the Latin mind, which proves impassable for the +average intellect. The deadly rivalries of Catholic and Protestant, +of Englishman and Spaniard, have left indelible traces upon their +descendants which intensify race prejudice and misunderstanding. The +Englishman or American looks with a contempt upon the economic +blindness or incapacity of the Spaniard that veils his eyes to their +real aims and achievements. + +The tragedies and blunders of English colonization in America are often +forgotten and only the tragedies and blunders of Spanish colonization +are remembered. In the period which elapsed between the formulation of +the Spanish and of the English colonial policies religious ideals were +displaced by the commercial, and in the exaltation of the commercial +ideal England took the lead. Colonies, from being primarily fields for +the propagation of Christianity and incidentally for the production +of wealth, became the field primarily for industrial and commercial +development and incidentally for Christian work. The change no doubt +has contributed vastly to the wealth of the world and to progress, +but it has been fatal to the native populations. The Spanish policy +aimed to preserve and civilize the native races, not to establish a +new home for Spaniards, and the colonial legislation provided elaborate +safeguards for the protection of the Indians. Many of these were a mere +dead letter but the preservation and civilization of the native stock +in Mexico, Central and South America, and above all in the Philippines +stand out in marked contrast, after all allowances and qualifications +have been made, with the fate, past and prospective, of the aborigines +in North America, the Sandwich Islands, New Zealand, and Australia, +and clearly differentiate in their respective tendencies and results +the Spanish and English systems. The contrast between the effects of +the Spanish conquest in the West Indies, Mexico, and the Philippines +reflects the development of the humane policy of the government. The +ravages of the first conquistadores, it should be remembered, took +place before the crown had time to develop a colonial policy. + +It is customary, too, for Protestant writers to speak with contempt +of Catholic missions, but it must not be forgotten that France and +England were converted to Christianity by similar methods. The +Protestant ridicules the wholesale baptisms and conversions and +a Christianity not even skin-deep, but that was the way in which +Christianity was once propagated in what are the ruling Christian +nations of today. The Catholic, on the other hand, might ask for some +evidence that the early Germans, or the Anglo-Saxons would ever have +been converted to Christianity by the methods employed by Protestants. + +The wholesale baptisms have their real significance in the +frame of mind receptive for the patient Christian nurture that +follows. Christianity has made its real conquests and is kept alive +by Christian training, and its progress is the improvement which one +generation makes upon another in the observance of its precepts. One +who has read the old Penitential books and observed the evidences +they afford of the vitality of heathen practices and rites among the +people in England in the early Middle Ages will not be too harsh in +characterizing the still imperfect fruits of the Catholic missions +of the last three centuries. + +In the light, then, of impartial history raised above race prejudice +and religious prepossessions, after a comparison with the early years +of the Spanish conquest in America or with the first generation or +two of the English settlements, the conversion and civilization of +the Philippines in the forty years following Legaspi's arrival must be +pronounced an achievement without a parallel in history. An examination +of what was accomplished at the very ends of the earth with a few +soldiers and a small band of missionaries will it is believed reveal +the reasons for this verdict. We are fortunate in possessing for this +purpose, among other materials, a truly classic survey of the condition +of the islands at the opening of the seventeenth century written by a +man of scholarly training and philosophic mind, Dr. Antonio de Morga, +who lived in the islands eight years in the government service. [30] + +The Spaniards found in the population of the islands two sharply +contrasted types which still survive--the Malay and the Negrito. After +the introduction of Christianity the natives were commonly classified +according to their religion as Indians (Christian natives), Moors +[31] (Mohammedan natives), and Heathen (Gentiles) or Infidels. The +religious beliefs of the Malays were not held with any great tenacity +and easily yielded to the efforts of the missionaries. The native taste +for the spectacular was impressed and gratified by the picturesque +and imposing ceremonials of the church. + +Their political and social organization was deficient in +cohesion. There were no well established native states but rather a +congeries of small groups something like clans. The headship of these +groups or _barangays_ was hereditary and the authority of the chief of +the _barangay_ was despotic. [32] This social disintegration immensely +facilitated the conquest; and by tact and conciliation, effectively +supported by arms, but with very little actual bloodshed, Spanish +sovereignty was superimposed upon these relatively detached groups, +whose essential features were preserved as a part of the colonial +administrative machinery. This in turn was a natural adaptation of that +developed in New Spain. Building upon the available institutions of the +_barangay_ as a unit the Spaniards aimed to familiarize and accustom +the Indians to settled village life and to moderate labor. Only under +these conditions could religious training and systematic religious +oversight be provided. These villages were commonly called _pueblos_ +or _reducciones_, and Indians who ran away to escape the restraints +of civilized life were said to "take to the hills" (_remontar_). + +As a sign of their allegiance and to meet the expenses of government +every Indian family was assessed a tribute of eight reals, about one +dollar, and for the purpose of assessment the people were set off in +special groups something like feudal holdings (_encomiendas_). The +tribute from some of the _encomiendas_ went to the king. Others had +been granted to the Spanish army officers or to the officials. [33] +The "Report of the _Encomiendas_ in the Islands in 1591" just twenty +years after the conquest of Luzon reveals a wonderful progress in +the work of civilization. In the city of Manila there was a cathedral +and the bishop's palace, monasteries for the Austin, Dominican, and +Franciscan Friars, and a house for the Jesuits. The king maintained a +hospital for Spaniards; there was also a hospital for Indians in the +charge of two Franciscan lay brothers. The garrison was composed of +two hundred soldiers. The Chinese quarter or _Parián_ contained some +two hundred shops and a population of about two thousand. In the suburb +of Tondo there was a convent of Franciscans and another of Dominicans +who provided Christian teaching for some forty converted Sangleyes +(Chinese merchants). In Manila and the adjacent region nine thousand +four hundred and ten tributes were collected, indicating a total of +some thirty thousand six hundred and forty souls under the religious +instruction of thirteen missionaries (_ministros de doctrina_), besides +the friars in the monasteries. In the old province of La Pampanga +the estimated population was 74,700 with twenty-eight missionaries; +in Pangasinán 2,400 souls with eight missionaries; in Ilocos 78,520 +with twenty missionaries; in Cagayán and the Babuyan islands 96,000 +souls but no missionaries; in La Laguna 48,400 souls with twenty-seven +missionaries; in Vicol and Camarines with the island of Catanduanes +86,640 souls with fifteen missionaries, etc., making a total for the +islands of 166,903 tributes or 667,612 souls under one hundred and +forty missionaries, of which seventy-nine were Augustinians, nine +Dominicans, forty-two Franciscans. The King's _encomiendas_ numbered +thirty-one and the private ones two hundred and thirty-six. [34] + +Friar Martin Ignacio in his _Itinerario_, the earliest printed +description of the islands (1585), says: "According unto the common +opinion at this day there is converted and baptised more than foure +hundred thousand soules." [35] + +This system of _encomiendas_ had been productive of much hardship and +oppression in Spanish America, nor was it altogether divested of these +evils in the Philippines. The payment of tributes, too, was irksome +to the natives and in the earlier days the Indians were frequently +drafted for forced labor, but during this transition period, and later, +the clergy were the constant advocates of humane treatment and stood +between the natives and the military authorities. This solicitude of +the missionaries for their spiritual children and the wrongs from which +they sought to protect them are clearly displayed in the _Relacion de +las Cosas de las Filipinas_ of Domingo de Salazar, the first bishop, +who has been styled the "Las Casas of the Philippines." [36] + +That it was the spirit of kindness, Christian love, and brotherly +helpfulness of the missionaries that effected the real conquest of +the islands is abundantly testified by qualified observers of various +nationalities and periods, [37] but the most convincing demonstration +is the ridiculously small military force that was required to support +the prestige of the Catholic king. The standing army organized in +1590 for the defense of the country numbered four hundred men! [38] +No wonder an old viceroy of New Spain was wont to say: "_En cada fraile +tenía el rey en Filipinas un capitan general y un ejercito entero_"-- +"In each friar in the Philippines the King had a captain general and +a whole army." [39] The efforts of the missionaries were by no means +restricted to religious teaching, but were also directed to promote +the social and economic advancement of the islands. They cultivated +the innate taste for music of the natives and taught the children +Spanish. [40] They introduced improvements in rice culture, brought +Indian corn and cacao from America and developed the cultivation +of indigo and coffee, and sugar cane. Tobacco alone of the economic +plants brought to the islands by the Spaniards owes its introduction +to government agency. [41] + +The young capital of the island kingdom of New Castile, as it was +denominated by Philip II, in 1603 when it was described by Morga +invites some comparison with Boston, New York, or Philadelphia in the +seventeenth century. The city was surrounded by a wall of hewn stone +some three miles in circuit. There were two forts and a bastion, each +with a garrison of a few soldiers. The government residence and office +buildings were of hewn stone and spacious and airy. The municipal +buildings, the cathedral, and the monasteries of the three orders were +of the same material. The Jesuits, besides providing special courses of +study for members of their order, conducted a college for the education +of Spanish youth. The establishment of this college had been ordered by +Philip II in 1585 but it was 1601 before it was actually opened. [42] +Earlier than this in 1593 there had been established a convent school +for girls, [43] the college of Saint Potenciana. In provisions for +the sick and helpless, Manila at the opening of the seventeenth +century was far in advance of any city in the English colonies for +more than a century and a half to come. [44] There was first the +royal hospital for Spaniards with its medical attendants and nurses; +the Franciscan hospital for the Indians administered by three priests +and by four lay brothers who were physicians and apothecaries and +whose skill had wrought surprising cures in medicine and surgery; +the House of Mercy, which took in sick slaves, gave lodgings to +poor women, portioned orphan girls, and relieved other distresses; +and lastly, the hospital for Sangleyes or Chinese shopkeepers in the +Chinese quarter. [45] Within the walls the houses, mainly of stone and +inhabited by Spaniards, numbered about six hundred. The substantial +buildings, the gaily-dressed people, the abundance of provisions and +other necessaries of human life made Manila, as Morga says, "one of +the towns most praised by the strangers who flock to it of any in the +world." [46] There were three other cities in the islands, Segovia +and Cazeres in Luzon, and the city of the "most holy name of Jesus" +in Cebú, the oldest Spanish settlement in the archipelago. In the +first and third the Spanish inhabitants numbered about two hundred +and in Cazeres about one hundred. In _Santisimo nombre de Jesús_ +there was a Jesuit college. + +Although the Indians possessed an alphabet before the arrival of the +Spaniards and the knowledge of reading and writing was fairly general +they had no written literature of any kind. [47] A Jesuit priest who +had lived in the islands eighteen years, writing not far from 1640, +tells us that by that time the Tagals had learned to write their +language from left to right instead of perpendicularly as was their +former custom, but they used writing merely for correspondence. The +only books thus far in the Indian languages were those written by +the missionaries on religion. [48] + +In regard to the religious life of the converted Indians the Friars +and Morga speak on the whole with no little satisfaction. Friar Martin +Ignacio in 1584 writes: "Such as are baptised, doo receive the fayth +with great firmenesse, and are good Christians, and would be better, if +that they were holpen with good ensamples." [49] Naturally the Spanish +soldiers left something to be desired as examples of Christianity +and Friar Martin relates the story of the return from the dead of a +principal native--"a strange case, the which royally did passe of a +trueth in one of these ilandes,"--who told his former countrymen of the +"benefites and delights" of heaven, which "was the occasion that some +of them forthwith received the baptisme, and that others did delay +it, saying, that because there were Spaniard souldiers in glory, they +would not go thither, because they would not be in their company." [50] + +Morga writing in 1603 says: "In strictest truth the affairs of the +faith have taken a good footing, as the people have a good disposition +and genius, and they have seen the errors of their paganism and the +truths of the Christian religion; they have got good churches and +monasteries of wood, well constructed, with shrines and brilliant +ornaments, and all the things required for the service, crosses, +candlesticks, chalices of gold and silver, many brotherhoods and +religious acts, assiduity in the sacraments and being present at +divine service, and care in maintaining and supplying their monks, +with great obedience and respect; they also give for the prayers +and burials of their dead, and perform this with all punctuality and +liberality." [51] A generation later the report of the Religious is +not quite so sanguine: "They receive our religion easily and their lack +of intellectual penetration saves them from sounding the difficulties +of its mysteries. They are too careless of fulfilling the duties of +the Christianity which they profess and must needs be constrained by +fear of chastisement and be ruled like school children. Drunkenness +and usury are the two vices to which they are most given and these +have not been entirely eradicated by the efforts of our monks." [52] +That these efforts were subsequently crowned with a large measure of +success is shown by the almost universal testimony to the temperate +habits of the Filipinos. + +This first period of Philippine history has been called its Golden +Age. Certainly no succeeding generation saw such changes and +advancement. It was the age of Spain's greatest power and the slow +decline and subsequent decrepitude that soon afflicted the parent +state could not fail to react upon the colony. This decline was in +no small degree the consequence of the tremendous strain to which +the country was subjected in the effort to retain and solidify its +power in Europe while meeting the burden of new establishments in +America and the Philippines. That in the very years when Spaniards +were accomplishing the unique work of redeeming an oriental people +from barbarism and heathenism to Christianity and civilized life, +the whole might of the mother-country should have been massed in a +tremendous conflict in Europe which brought ruin and desolation to +the most prosperous provinces under her dominion, and sapped her own +powers of growth, is one of the strangest coincidences in history. + +Bending every energy for years to stay the tide of change and progress, +suppressing freedom of thought with relentless vigor, and quarantining +herself and her dependencies against new ideas, conservatism +grew to be her settled habit and the organs of government became +ossified. Policies of commercial restriction which were justifiable +or at least rationally explicable in the sixteenth century lasted on, +proof against innovation or improvement, until the eighteenth century +and later. Consequently from the middle of the seventeenth century at +the period of the rapid rise of colonial powers of France, Holland, +and England, the Spanish colonies find themselves under a commercial +regime which increasingly hampers their prosperity and effectually +blocks their advancement. + +The contrast between the Spanish possessions and those of the other +maritime powers became more marked as time went on. The insuperable +conservatism of the home government gave little opportunity for the +development of a class of energetic and progressive colonial officials, +and financial corruption honeycombed the whole colonial civil service. + +Such conditions: the absence of the spirit of progress, hostility to +new ideas, failure to develop resources, and the prevalence of bribery +and corruption in the civil service, insure abundant and emphatic +condemnation at the present day for the Spanish colonial system. But +in any survey of this system we must not lose sight of the terrible +costs of progress in the tropical colonies of Holland, France, and +England; nor fail to compare the _pueblos_ of the Philippines in the +eighteenth century with the plantations of San Domingo, or Jamaica, +or Java, or with those of Cuba in the early nineteenth century when +the spirit of progress invaded the island. + +To facilitate the understanding of the historical materials which will +be collected in this series and to lay the foundation for a just and +appreciative comparison of the institutions of the Philippines with +those of other European dependencies in the tropics, it will be my aim +now to bring into relief the distinctive features of the work wrought +in the islands which raised a congeries of Malay tribes to Christian +civilization, and secured for them as happy and peaceful an existence +on as high a plane as has yet been attained by any people of color +anywhere in the world, or by any orientals for any such length of time. + +Such a survey of Philippine life may well begin with a brief +account of the government of the islands. This will be followed by a +description of the commercial system and of the state of the arts and +of education, religion, and some features of social life during the +eighteenth century and in the first years of the nineteenth before +the entrance of the various and distracting currents of modern life +and thought. In some cases significant details will be taken from the +works of competent witnesses whose observations were made somewhat +earlier or later. This procedure is unobjectionable in describing +a social condition on the whole so stationary as was that of the +Philippines before the last half century. + +From the beginning the Spanish establishments in the Philippines were +a mission and not in the proper sense of the term a colony. They were +founded and administered in the interests of religion rather than of +commerce or industry. They were an advanced outpost of Christianity +whence the missionary forces could be deployed through the great +empires of China and Japan, and hardly had the natives of the islands +begun to yield to the labors of the friars when some of the latter +pressed on adventurously into China and found martyrs' deaths in +Japan. In examining the political administration of the Philippines, +then, we must be prepared to find it a sort of outer garment under +which the living body is ecclesiastical. Against this subjection to +the influence and interests of the Church energetic governors rebelled, +and the history of the Spanish domination is checkered with struggles +between the civil and religious powers which reproduce on a small +scale the mediæval contests of Popes and Emperors. + +Colonial governments are of necessity adaptations of familiar domestic +institutions to new functions. The government of Spain in the sixteenth +century was not that of a modern centralized monarchy but rather of +a group of kingdoms only partially welded together by the possession +of the same sovereign, the same language, and the same religion. The +King of Spain was also the ruler of other kingdoms outside of the +peninsula. Consequently when the New World was given a political +organization it was subdivided for convenience into kingdoms and +captaincies general in each of which the administrative machinery was +an adaptation of the administrative machinery of Spain. In accordance +with this procedure the Philippine islands were constituted a kingdom +and placed under the charge of a governor and captain general, +whose powers were truly royal and limited only by the check imposed +by the Supreme Court (the _Audiencia_) and by the ordeal of the +_residencia_ at the expiration of his term of office. Among his +extensive prerogatives was his appointing power which embraced +all branches of the civil service in the islands. He also was _ex +officio_ the President of the _Audiencia_. [53] His salary was $8,000 +[54] a year, but his income might be largely augmented by gifts or +bribes. [55] The limitations upon the power of the Governor imposed by +the _Audiencia_, in the opinion of the French astronomer Le Gentil, +were the only safeguard against an arbitrary despotism, yet Zúñiga, +a generation later pronounced its efforts in this direction generally +ineffectual. [56] The _residencia_ to which reference has been made +was an institution peculiar in modern times to the Spanish colonial +system, it was designed to provide a method by which officials +could be held to strict accountability for all acts during their +term of office. Today reliance is placed upon the force of public +opinion inspired and formulated by the press and, in self-governing +communities, upon the holding of frequent elections. The strength +of modern party cohesion both infuses vigor into these agencies and +neutralizes their effectiveness as the case may be. But in the days +of the formation of the Spanish Empire beyond the sea there were +neither free elections, nor public press, and the criticism of the +government was sedition. To allow a contest in the courts involving +the governor's powers during his term of office would be subversive of +his authority. He was then to be kept within bounds by realizing that a +day of judgment was impending, when everyone, even the poorest Indian, +might in perfect security bring forward his accusation. [57] In the +Philippines the _residencia_ for a governor lasted six months and was +conducted by his successor and all the charges made were forwarded to +Spain. [58] The Italian traveler Gemelli Careri who visited Manila in +1696 characterizes the governor's _residencia_ as a "dreadful Trial," +the strain of which would sometimes "break their hearts." [59] + +On the other hand, an acute observer of Spanish-American +institutions of the olden time intimates that the severities of the +_residencia_ could be mitigated and no doubt such was the case in the +Philippines. [60] By the end of the eighteenth century the _residencia_ +seems to have lost its efficacy. [61] The governorship was certainly a +difficult post to fill and the remoteness from Europe, the isolation, +and the vexations of the _residencia_ made it no easy task to get good +men for the place. An official of thirty years experience, lay and +ecclesiastical, assures us in the early seventeenth century that he +had known of only one governor really fitted for the position, Gomez +Perez Dasmariñas. He had done more for the happiness of the natives in +three years than all his predecessors or successors. Some governors had +been without previous political experience while others were deficient +in the qualities required in a successful colonial ruler. [62] + +The supreme court or _Audiencia_ was composed of four judges +(_oidores,_ auditors) an attorney-general _(fiscal)_ a constable, +etc. The governor who acted as president had no vote. [63] Besides +the functions of this body as the highest court of appeal for +criminal and civil cases it served as has been said as a check upon +the governor. Down to 1715 the _Audiencia_ took charge of the civil +administration in the interim between the death of a governor and the +arrival of his successor, and the senior auditor assumed the military +command. [64] Attached to the court were advocates for the accused, +a defender of the Indians, and other minor officials. In affairs of +public importance the _Audiencia_ was to be consulted by the governor +for the opinions of the auditors. [65] + +For the purposes of local administration the islands were subdivided +into or constituted Provinces under _alcaldes mayores_ who exercised +both executive and judicial functions, and superintended the collection +of tribute. [66] The _alcaldes mayores_ were allowed to engage in trade +on their own account which resulted too frequently in enlisting their +interest chiefly in money making and in fleecing the Indians. [67] + +The provincial court consisted of the _alcalde mayor,_ an assessor +who was a lawyer, and a notary. The favoritism and corruption that +honeycombed the civil service of Spain in the colonies in the days of +her decline often placed utterly unfit persons in these positions of +responsibility. A most competent observer, Tomás de Comyn, many years +the factor of the Philippine Commercial Company, has depicted in dark +colors, and perhaps somewhat overdrawn the evils of the system. [68] + +The subdivision of the provinces was into _pueblos_ each under +its petty governor or _gobernadorcillo._ The _gobernadorcillo_ +was an Indian and was elected annually. In Morga's time the right +of suffrage seems to have been enjoyed by all married Indians, [69] +but in the last century it was restricted to thirteen electors. [70] +The _gobernadorcillo_ was commonly called the "captain." Within the +_pueblos_ the people formed little groups of from forty to fifty +tributes called _barangays_ under the supervision of _cabezas de +barangay_. These heads of _barangay_ represent the survival of the +earlier clan organization and were held responsible for the tributes +of their groups. Originally the office of _cabeza de barangay_ was no +doubt hereditary, but it became generally elective. [71] The electors +of the _gobernadorcillo_ were made up of those, who were or had been +_cabezas de barangay_ and they after three years of service became +eligible to the office of petty governor. + +In the few Spanish towns in the islands the local government was +similar to that which prevailed in America, which in turn was derived +from Spain. That of Manila may be taken as an example. The corporation, +_El Cabildo_ (chapter) consisted of two ordinary _alcaldes_, eight +_regidores_, a registrar, and a constable. The _alcaldes_ were +justices, and were elected annually from the householders by the +corporation. The _regidores_ were aldermen and with the registrar +and constable held office permanently as a proprietary right. These +permanent positions in the _cabildo_ could be bought and sold or +inherited. [72] + +Turning now to the ecclesiastical administration, we find there the +real vital organs of the Philippine governmental system. To the modern +eye the islands would have seemed, as they did to the French scientist +Le Gentil, priest-ridden. Yet it was only through the Friars that Spain +retained her hold at all. [73] A corrupt civil service and a futile +and decrepit commercial system were through their efforts rendered +relatively harmless, because circumscribed in their effects. The +continuous fatherly interest of the clergy more than counterbalanced +the burden of the tribute. [74] They supervised the tilling of the +soil, as well as the religious life of the people; and it was through +them that the works of education and charity were administered. [75] + +The head of the ecclesiastical system was the Archbishop of Manila, +who in a certain sense was the Patriarch of the Indies. [76] The other +high ecclesiastical digntaries were the three bishops of Cebú, of +Segovia in Cagayán, and of Cazeres in Camarines; and the provincials +of the four great orders of friars, the Dominicans, Augustinians, +the Franciscans, the barefooted Augustinians, and the Jesuits. [77] +In the earlier days the regular clergy (members of the orders) greatly +outnumbered the seculars, and refused to acknowledge that they were +subject to the visitation of bishop or archbishop. This contention +gave rise, at times, to violent struggles. During the eighteenth and +nineteenth centuries the proportionate number of seculars increased. In +1750 the total number of parishes was 569, of which 142, embracing +147,269 persons, were under secular priests. The numbers in charge +of the orders were as follows: + + + Villages. Souls. + Augustinians, 115 252,963 + Franciscans, 63 141,193 + Jesuits, 93 209,527 + Dominicans, 51 99,780 + Recollects, 105 53,384 + + +making a total of 569 parishes and 904,116 souls. [78] + +These proportions, however, fail to give a correct idea of the enormous +preponderance of the religious orders; for the secular priests were +mostly Indians and could exercise nothing like the influence of the +Friars upon their cures. [79] + +In these hundreds of villages the friars bore sway with the mild +despotism of the shepherd of the flock. Spanish officials entered +these precincts only on occasion. Soldiers were not to be seen save +to suppress disorders. Spaniards were not allowed to live in these +communities, and visitors were carefully watched. [80] As Spanish was +little known in the provinces, the curate was the natural intermediary +in all communications between the natives and the officials or +outsiders. In some provinces there were no white persons besides +the _alcalde mayor_ and the friars. Without soldiers the _alcalde +mayor_ must needs rely upon the influence of the friars to enable +him to execute his duties as provincial governor. In contemplating +their services for civilization and good order Tomas de Comyn rises +to enthusiasm. "Let us visit," he writes, "the Philippine Islands, +and with astonishment shall we there behold extended ranges, studded +with temples and spacious convents, the Divine worship celebrated with +pomp and splendour; regularity in the streets, and even luxury in the +houses and dress; schools of the first rudiments in all the towns, +and the inhabitants well versed in the art of writing. We shall see +there causeways raised, bridges of good architecture built, and, in +short, all the measures of good government and police, in the greatest +part of the country, carried into effect; yet the whole is due to the +exertions, apostolic labours, and pure patriotism of the ministers of +religion. Let us travel over the provinces, and we shall see towns of +5, 10, and 20,000 Indians, peacefully governed by one weak old man, +who, with his doors open at all hours, sleeps quiet and secure in his +dwelling, without any other magic, or any other guards, than the love +and respect with which he has known how to inspire his flock." [81] + +If this seems too rosy a picture, it still must not be forgotten that +at this time the ratio of whites to Indians in the islands was only +about one to sixteen hundred, [82] that most of these lived in Manila, +and that the entire military force was not more than two thousand +regular troops. [83] As has been intimated this condition lasted +down until a comparatively recent period. As late as 1864 the total +number of Spaniards amounted to but 4,050 of whom 3,280 were government +officials, etc., 500 clergy, 200 landed proprietors, and 70 merchants; +and in the provinces the same conditions prevailed that are described +by Comyn. [84] In more than half of the twelve hundred villages in the +islands "there was no other Spaniard, no other national authority, nor +any other force to maintain public order save only the friars." [85] + +Recurring for a moment to the higher ecclesiastical organization, the +judicial functions of the church were represented by the archbishop's +court and the commissioner of the Inquisition. The Episcopal court, +which was made up of the archbishop, the vicar-general, and a notary, +tried cases coming under the canon law, such as those relating to +matrimony and all cases involving the clergy. Idolatry on the part +of the Indians or Chinese might be punished by this court. [86] +The Holy Inquisition transplanted to New Spain in 1569 stretched its +long arm across the great ocean to the Philippines, in the person of +a commissioner, for the preservation of the true faith. The Indians +and Chinese were exempted from its jurisdiction. Its processes were +roundabout, and must have given a considerable proportion of its +accused a chance to die a natural death. The Commissioner must first +report the offense to the Court in New Spain; if a trial was ordered, +the accused must be sent to Mexico, and, if convicted, must be returned +to the Philippines to receive punishment. [87] + +The most peculiar feature of the old regime in the Philippines is +to be found in the regulations of the commerce of the islands. In +the _Recopilacion de leyes de los reinos de las Indias_, the code of +Spanish colonial legislation, a whole title comprising seventy-nine +laws is devoted to this subject. For thirty years after the conquest +the commerce of the islands was unrestricted and their prosperity +advanced with great rapidity. [88] Then came a system of restrictions, +demanded by the protectionists in Spain, which limited the commerce +of the islands with America to a fixed annual amount, and effectively +checked their economic development. All the old travelers marvel +at the possibilities of the islands and at the blindness of Spain, +but the policy absurd as it may seem was but a logical application +of the protective system not essentially different from the forms +which it assumes today in our own relations to Porto Rico, Cuba, +and the Philippines. + +The Seville merchants through whose hands the Spanish export trade to +the New World passed looked with apprehension upon the importation +of Chinese fabrics into America and the exportation of American +silver to pay for them. The silks of China undersold those of Spain +in Mexico and Peru, and the larger the export of silver to the East +the smaller to Spain. Consequently to protect Spanish industry and to +preserve to Spanish producers the American market, [89] the shipment +of Chinese cloths from Mexico to Peru was prohibited in 1587. In 1591 +came the prohibition of all direct trade between Peru or other parts +of South America and China or the Philippines, [90] and in 1593 a +decree--not rigorously enforced till 1604--which absolutely limited +the trade between Mexico and the Philippines to $250,000 annually for +the exports to Mexico, and to $500,000 for the imports from Mexico, to +be carried in two ships not to exceed three hundred tons burden. [91] +No Spanish subject was allowed to trade in or with China, and the +Chinese trade was restricted to the merchants of that nation. [92] + +All Chinese goods shipped to New Spain must be consumed there and +the shipping of Chinese cloths to Peru in any amount whatever even +for a gift, charitable endowment, or for use in divine worship was +absolutely prohibited. [93] As these regulations were evaded, in +1636 all commerce was interdicted between New Spain and Peru. [94] +A commerce naturally so lucrative as that between the Philippines and +New Spain when confined within such narrow limits yielded monopoly +profits. It was like a lottery in which every ticket drew a prize. In +these great profits every Spaniard was entitled to share in proportion +to his capital or standing in the community. [95] The assurance +of this largess, from the beginnings of the system, discouraged +individual industry and enterprise, and retarded the growth of Spanish +population. [96] Le Gentil and Zúñiga give detailed descriptions of the +method of conducting this state enterprise [97] after the limits had +been raised to $500,000 and $1,000,000 respectively for the outgoing +and return voyage. The capacity of the vessel was measured taking as +a unit a bale about two and one-half feet long, sixteen inches broad +and two feet high. If then the vessel could carry four thousand of +these bales, each bale might be packed with goods up to a value of +one hundred and twenty-five dollars. The right to ship was known as a +_boleta_ or ticket. The distribution of these tickets was determined +at the town hall by a board made up of the governor, attorney-general, +the dean of the _audiencia_, one _alcalde_, one _regidor_ and eight +citizens. [98] + +To facilitate the allotment and the sale of tickets they were divided +into sixths. Tickets were ordinarily worth in the later eighteenth +century in times of peace eighty dollars to one hundred dollars, +and in war time they rose to upwards of three hundred dollars. [99] +Le Gentil tells us that in 1766 they sold for two hundred dollars +and more, and that the galleon that year went loaded beyond the +limit. [100] Each official as the perquisite of his office had +tickets. The regidores and alcaldes had eight. + +The small holders who did not care to take a venture in the voyage +disposed of their tickets to merchants or speculators, who borrowed +money, usually of the religious corporations, at twenty-five to thirty +per cent per annum to buy them up and who sometimes bought as many +as two or three hundred. [101] The command of the Acapulco galleon +was the fattest office within the gift of the Governor, who bestowed +it upon "whomsoever he desired to make happy for the commission," +and was equivalent to a gift of from $50,000 to $100,000. [102] +This was made up from commissions, part of the passage-money of +passengers, from the sale of his freight tickets, and from the +gifts of the merchants. Captain Arguelles told Careri in 1696 that +his commissions would amount to $25,000 or $30,000, and that in all +he would make $40,000; that the pilot would clear $20,000 and the +mates $9,000 each. [103] The pay of the sailors was three hundred +and fifty dollars, of which seventy-five dollars was advanced before +the start. The merchants expected to clear one hundred and fifty to +two hundred per cent. The passenger fare at the end of the eighteenth +century was $1,000 for the voyage to Acapulco, which was the hardest, +and $500 for the return. [104] Careri's voyage to Acapulco lasted two +hundred and four days. The ordinary time for the voyage to Manila was +seventy-five to ninety days. [105] Careri's description of his voyage +is a vivid picture of the hardships of early ocean travel, when cabin +passengers fared infinitely worse than cattle today. It was a voyage +"which is enough to destroy a man, or make him unfit for anything +as long as he lives;" yet there were those who "ventured through it, +four, six and some ten times." [106] + +Acapulco in New Spain had little reason for existence, save for +the annual fair at the time of the arrival of the Manila ship, and +the silver fleet from Peru. That event transformed what might more +properly be called "a poor village of fishermen" into "a populous +city," for the space of about two weeks. [107] + +The commerce between the Philippines and Mexico was conducted +in this manner from 1604 to 1718, when the silk manufacturers of +Spain secured the prohibition of the importation of Chinese silk +goods into New Spain on account of the decline of their industry. A +prolonged struggle before the Council of the Indies ensued, and in +1734 the prohibition was revoked and the east and west cargoes fixed +at $500,000 and $1,000,000 respectively. [108] The last _nao_, as +the Manila-Acapulco galleon was called, sailed from Manila in 1811, +and the final return voyage was made in 1815. After that the commerce +fell into private hands, the annual exports were limited to $750,000 +and the ports of San Blas (Mexico), Guayaquil (Ecuador), and Callao +(Peru) were opened to it. + +Other changes were the establishment of direct communication with +Spain and trade with Europe by a national vessel in 1766. [109] These +expeditions lasted till 1783 and their place was taken in 1785 by the +Royal Philippine Company, organized with a capital of $8,000,000, and +granted the monopoly of the trade between Spain and the islands. [110] +The Manila merchants resented the invasion of their monopoly of the +export trade, and embarrassed the operations of the company as much +as they could. [111] It ceased to exist in 1830. + +By this system for two centuries the South American market for +manufactures was reserved exclusively for Spain, but the protection did +not prevent Spanish industry from decay and did retard the well-being +and progress of South America. Between Mexico and the Philippines a +limited trade was allowed, the profits of which were the perquisites +of the Spaniards living in the Philippines and contributed to the +religious endowments. But this monopoly was of no permanent advantage +to the Spanish residents. It was too much like stock-jobbing, and +sapped all spirit of industry. Zúñiga says that the commerce made a +few rich in a short time and with little labor, but they were very few; +that there were hardly five Spaniards in Manila worth $100,000, nor a +hundred worth $40,000, the rest either lived on the King's pay or in +poverty. [112] "Every morning one could see in the streets of Manila, +in the greatest poverty and asking alms, the sons of men who had made a +fine show and left much money, which their sons had squandered because +they had not been well trained in youth." [113] The great possibilities +of Manila as an entrepot of the Asiatic trade were unrealized; for +although the city enjoyed open trade with the Chinese, Japanese, +and other orientals, [114] it was denied to Europeans and the growth +of that conducted by the Chinese and others was always obstructed +by the lack of return cargoes owing to the limitations placed upon +the trade with America and to the disinclination of the Filipinos to +work to produce more than was enough to insure them a comfortable +living and pay their tributes. That the system was detrimental to +the economic progress of the islands was always obvious and its evils +were repeatedly demonstrated by Spanish officials. Further it was not +only detrimental to the prosperity of the islands but it obstructed +the development of Mexico. + +Grau y Monfalcon in 1637 reported that there were fourteen thousand +people employed in Mexico in manufacturing the raw silk imported +from China. This industry might be promoted by the relaxation of +the restrictions on trade. It would also be for the advantage of the +Indians of Peru to be able to buy for five pence a yard linen from +the Philippines, rather than to be compelled to purchase that of Rouen +at ten times the price. [115] But such reasoning was received then as +it often is now, and no great change was made for nearly two centuries. + +We have now passed in review the political, ecclesiastical, and +commercial administration of the Philippines in the olden time; and +a general survey of some of the more striking results of the system +as a whole may now be made. This is especially necessary on account +of the traditional and widely prevalent opinion that the Spanish +colonial system was always and everywhere a system of oppression +and exploitation; whereas, as a matter of fact, the Spanish system, +as a system of laws, always impeded the effectual exploitation of the +resources of their colonies, and was far more humane in its treatment +of dependent peoples than either the French or English systems. + +If, on the one hand, the early conquistadores treated the natives with +hideous cruelty, the Spanish government legislated more systematically +and benevolently to protect them than any other colonizing power. In +the time of the first conquests things moved too rapidly for the home +government in those days of slow communication, and the horrors of the +clash between ruthless gold-seekers and the simple children of nature, +as depicted by the impassioned pen of Las Casas and spread broadcast +over Europe, came to be the traditional and accepted characteristic +of Spanish rule. [116] The Spanish colonial empire lasted four hundred +years and it is simple historical justice that it should not be judged +by its beginnings or by its collapse. + +The remoteness of the Philippines, and the absence of rich deposits +of gold and silver, made it comparatively easy for the government to +secure the execution of its humane legislation, and for the church to +dominate the colony and guide its development as a great mission for +the benefit of the inhabitants. [117] To the same result contributed +the unenlightened protectionism of the Seville merchants, for the +studied impediments to the development of the Philippine-American +trade effectually blocked the exploitation of the islands. In view of +the history of our own Southern States, not less than of the history +of the West Indies it should never be forgotten that although the +Philippine islands are in the Tropics, they have never been the scene +of the horrors of the African slave trade or of the life-wasting +labors of the old plantation system. + +Whether we compare the condition of the natives of the other islands in +the Eastern Archipelago or of the peasants of Europe at the same time +the general well-being of the Philippine mission villagers was to be +envied. A few quotations from unimpeachable witnesses, travelers of +wide knowledge of the Orient, may be given in illustration and proof +of this view. The famous French explorer of the Pacific, La Pérouse, +who was in Manila in 1787, wrote: "Three million people inhabit +these different islands and that of Luzon contains nearly a third of +them. These people seemed to me no way inferior to those of Europe; +they cultivate the soil with intelligence, they are carpenters, +cabinet-makers, smiths, jewelers, weavers, masons, etc. I have +gone through their villages and I have found them kind, hospitable, +affable," etc. [118] + +Coming down a generation later the Englishman Crawfurd, the historian +of the Indian Archipelago, who lived at the court of the Sultan of +Java as British resident, draws a comparison between the condition +of the Philippines and that of the other islands of the East that +deserves careful reflection. + +"It is remarkable, that the Indian administration of one of the +worst governments of Europe, and that in which the general principles +of legislation and good government are least understood,--one too, +which has never been skillfully executed, should, upon the whole, +have proved the least injurious to the happiness and prosperity +of the native inhabitants of the country. This, undoubtedly, has +been the character of the Spanish connection with the Philippines, +with all its vices, follies, and illiberalities; and the present +condition of these islands affords an unquestionable proof of the +fact. Almost every other country of the Archipelago is, at this +day, in point of wealth, power, and civilization, in a worse state +than when Europeans connected themselves with them three centuries +back. The Philippines alone have improved in civilization, wealth, +and populousness. When discovered most of the tribes were a race of +half-naked savages, inferior to all the great tribes, who were pushing, +at the same time, an active commerce, and enjoying a respectable share +of the necessaries and comforts of a civilized state. Upon the whole, +they are at present superior in almost everything to any of the other +races. This is a valuable and instructive fact." [119] + +This judgment of Crawfurd in 1820 was echoed by Mallat (who was +for a time in charge of the principal hospital in Manila), in 1846, +when he expressed his belief that the inhabitants of the Philippines +enjoyed a freer, happier, and more placid life than was to be found +in the colonies of any other nation. [120] + +Sir John Bowring, who was long Governor of Hong Kong, was impressed +with the absence of caste: "Generally speaking, I found a kind +and generous urbanity prevailing,--friendly intercourse where that +intercourse had been sought,--the lines of demarcation and separation +less marked and impassable than in most oriental countries. I have +seen at the same table Spaniard, Mestizo and Indian--priest, civilian, +and soldier. No doubt a common religion forms a common bond; but to +him who has observed the alienations and repulsions of caste in many +parts of the eastern world--caste, the great social curse--the binding +and free intercourse of man with man in the Philippines is a contrast +worth admiring." [121] Not less striking in its general bearing than +Crawfurd's verdict is that of the German naturalist Jagor who visited +the islands in 1859-1860. + +"To Spain belongs the glory of having raised to a relatively high grade +of civilization, improving greatly their condition, a people which +she found on a lower stage of culture distracted by petty wars and +despotic rule. Protected from outside enemies, governed by mild laws, +the inhabitants of those splendid islands, taken as a whole, have no +doubt passed a more comfortable life during recent centuries than the +people of any tropical country whether under their own or European +rule. This is to be accounted for in part by the peculiar conditions +which protected the natives from ruthless exploitation. Yet the monks +contributed an essential part to this result. Coming from among the +common people, used to poverty and self-denial, their duties led +them into intimate relations with the natives and they were naturally +fitted to adapt the foreign religion and morals to practical use. So, +too, in later times, when they came to possess rich livings, and +their pious zeal, in general, relaxed as their revenues increased, +they still contributed most essentially to bring about conditions, +both good and bad, which we have described, since, without families +of their own and without refined culture, intimate association with +the children of the soil was a necessity to them. Even their haughty +opposition to the secular authorities was generally for the advantage +of the natives." [122] Similar testimony from a widely different source +is contained in the charming sketch "Malay Life in the Philippines" +by William Gifford Palgrave, whose profound knowledge of oriental life +and character and his experience in such divergent walks in life as +soldier and Jesuit missionary in India, pilgrim to Mecca, and English +consul in Manila, give his opinion more than ordinary value. + +"To clerical government," he writes "paradoxical as the statement may +sound in modern European ears, the Philippine islands owe, more than +to anything else, their internal prosperity, the Malay population its +sufficiency and happiness. This it is that again and again has stood a +barrier of mercy and justice between the weaker and stronger race, the +vanquished and the victor; this has been the steady protector of the +native inhabitants, this their faithful benefactor, their sufficient +leader and guide. With the 'Cura' for father, and the 'Capitan' +for his adjutant, a Philippine hamlet feels and knows little of the +vexations inseparable from direct and foreign official administration; +and if under such a rule 'progress,' as we love to term it, be rare, +disaffection and want are rarer still." + +As compared with India, the absence of famines is significant; and +this he attributes in part to the prevalence of small holdings. "Not +so much what they have, but rather what they have not, makes the good +fortune of the Philippines, the absence of European Enterprise, the +absence of European Capital. A few European capitalist settlers, a few +giant estates, a few central factories, a few colossal money-making +combinations of organized labour and gainful produce, and all the +equable balance of property and production, of ownership and labour +that now leaves to the poorest cottager enough, and yet to the +total colony abundance to spare, would be disorganized, displaced, +upset; to be succeeded by day labour, pauperism, government relief, +subscriptions, starvation. Europe, gainful, insatiate Europe would +reap the harvest; but to the now happy, contented, satiate Philippine +Archipelago, what would remain but the stubble, but leanness, want, +unrest, misery?" [123] + +The latest witness to the average well-being of the natives under the +old system whom I shall quote is Mr. Sawyer. "If the natives fared +badly at the hands of recent authors, the Spanish Administration fared +worse, for it has been painted in the darkest tints, and unsparingly +condemned. It was indeed corrupt and defective, and what government +is not? More than anything else it was behind the age, yet it was +not without its good points. + +"Until an inept bureaucracy was substituted for the old paternal rule, +and the revenue quadrupled by increased taxation, the Filipinos were +as happy a community as could be found in any colony. The population +greatly multiplied; they lived in competence, if not in affluence; +cultivation was extended, and the exports steadily increased.--Let us +be just; what British, French, or Dutch colony, populated by natives +can compare with the Philippines as they were until 1895?" [124] + +These striking judgments, derived from such a variety of sources, are a +sufficient proof that our popular ideas of the Spanish colonial system +are quite as much in need of revision as popular ideas usually are. + +Yet one must not forget that the Spanish mission system, however useful +and benevolent as an agency in bringing a barbarous people within the +pale of Christian civilization, could not be regarded as permanent +unless this life is looked upon simply as a preparation for heaven. As +an educative system it had its bounds and limits; it could train to a +certain point and no farther. To prolong it beyond that stage would be +to prolong carefully nurtured childhood to the grave, never allowing +it to be displaced by self-reliant manhood. The legal status of the +Indians before the law was that of minors, and no provision was made +for their arriving at their majority. The clergy looked upon these +wards of the State as the school-children of the church, and compelled +the observance of her ordinances even with the rod. La Pérouse says: +"The only thought was to make Christians and never citizens. This +people was divided into parishes, and subjected to the most minute +and extravagant observances. Each fault, each sin is still punished +by the rod. Failure to attend prayers and mass has its fixed penalty, +and punishment is administered to men and women at the door of the +church by order of the pastor." [125] Le Gentil describes such a +scene in a little village a few miles from Manila, where one Sunday +afternoon he saw a crowd, chiefly Indian women, following a woman who +was to be whipped at the church door for not having been to mass. [126] + +The prevalence of a supervision and discipline so parental for the +mass of the people in the colony could but react upon the ruling +class, and La Pérouse remarks upon the absence of individual liberty +in the islands: "No liberty is enjoyed: inquisitors and monks watch +the consciences; the oidors (judges of the Audiencia) all private +affairs; the governor, the most innocent movements; an excursion to +the interior, a conversation come before his jurisdiction; in fine, +the most beautiful and charming country in the world is certainly +the last that a free man would choose to live in." [127] + +Intellectual apathy, one would naturally suppose, must be the +consequence of such sedulous oversight, and intellectual progress +impossible. Progress in scientific knowledge was, indeed, quite +effectually blocked. + +The French astronomer Le Gentil gives an interesting account of +the conditions of scientific knowledge at the two Universities +in Manila. These institutions seemed to be the last refuge of the +scholastic ideas and methods that had been discarded in Europe. A +Spanish engineer frankly confessed to him that "in the sciences Spain +was a hundred years behind France, and that in Manila they were a +hundred years behind Spain." Nothing of electricity was known but +the name, and making experiments in it had been forbidden by the +Inquisition. Le Gentil also strongly suspected that the professor +of Mathematics at the Jesuit College still held to the Ptolemaic +system. [128] + +But when we keep in mind the small number of ecclesiastics in +the islands we must clear them of the charge of intellectual +idleness. Their activity, on the other hand, considering the climate +was remarkable. [129] An examination of J.T. Medina's monumental work +[130] on printing in Manila and of Retana's supplement [131] reveals +nearly five hundred titles of works printed in the islands before +1800. This of course takes no account of the works sent or brought +to Spain for publication, which would necessarily comprise a large +proportion of those of general rather than local interest, including +of course the most important histories. To these should be added no +small number of grammars and dictionaries of the native languages, +and missionary histories, that have never been printed. [132] The +monastic presses in the islands naturally were chiefly used for the +production of works of religious edification, such as catechisms, +narratives of missions, martyrdoms, lives of saints, religious +histories, and hand-books to the native languages. Simpler manuals +of devotion, rosaries, catechisms, outlines of Christian doctrine, +stories of martyrdoms, etc., were translated for the Indians. Of +these there were about sixty in the Tagal, and from three to ten +or twelve each in the Visayan, Vicol, Pampanga, Ilocan, Panayan, +and Pangasinán languages. [133] + +If, as is credibly asserted, the knowledge of reading and writing +was more generally diffused in the Philippines than among the common +people of Europe, [134] we have the singular result that the islands +contained relatively more people who could read, and less reading +matter of any but purely religious interest, than any other community +in the world. Yet it would not be altogether safe to assume that +in the eighteenth century the list of printed translations into the +native languages comprised everything of European literature available +for reading; for the Spanish government, in order to promote the +learning of Spanish, had prohibited at times the printing of books +in Tagal. [135] Furthermore, Zúñiga says explicitly that "after the +coming of the Spaniards they (_i.e._ the people in Luzon) have had +comedies, interludes, tragedies, poems, and every kind of literary +work translated from the Spanish, without producing a native poet +who has composed even an interlude." [136] Again, Zúñiga describes +a eulogistic poem of welcome addressed by a Filipino villager to +Commodore Alava. This _loa_, as this species of composition was called, +was replete with references to the voyages of Ulysses, the travels +of Aristotle, the unfortunate death of Pliny, and other incidents in +ancient history. The allusions indicate some knowledge at any rate +outside the field of Christian doctrine, even if it was so slight +as not to make it seem beyond the limits of poetic license to have +Aristotle drown himself in chagrin at not being able to measure the +depths of the sea, or to have Pliny throw himself into Vesuvius in his +zeal to investigate the causes of its eruption. The literary interests +of the Indians found their chief expression however in the adaptation +of Spanish plays for presentation on religious holidays. Zúñiga gives +an entertaining description of these plays. They were usually made +up from three or four Spanish tragedies, the materials of which were +so ingeniously interwoven that the mosaic seemed a single piece. The +characters were always Moors and Christians, and the action centered +in the desire of Moors to marry Christian princesses or of Christians +to marry Moorish princesses. The Christian appears at a Moorish +tournament or vice versa. The hero and heroine fall in love but their +parents oppose obstacles to the match. To overcome the difficulties +in case of a Moor and Christian princess was comparatively easy. A +war opportunely breaks out in which, after prodigies of valor, the +Moor is converted and baptized, and the wedding follows. The case +is not so easy when a Christian prince loves a Moorish lady. Since +he can never forsake his religion his tribulations are many. He is +imprisoned, and his princess aids in his attempt to escape, which +sometimes costs him his life; or if the scene is laid in war time +either the princess is converted and escapes to the Christian army, +or the prince dies a tragic death. The hero is usually provided with +a Christ, or other image or relic, given him by his dying mother, +which extricates him from his many plights. He meets lions and bears, +and highwaymen attack him; but from all he escapes by a miracle. If, +however, some principal personage is not taken off by a tragic end, +the Indians find the play insipid. During the intermission one or +two clowns come out and raise a laugh by jests that are frigid enough +"to freeze hot water in the tropics." After the play is over a clown +appears again and criticizes the play and makes satirical comments on +the village officials. These plays usually lasted three days. [137] +Le Gentil attended one of them and says that he does not believe any +one in the world was ever so bored as he was. [138] Yet the Indians +were passionately fond of these performances. [139] + +If one may judge from Retana's catalogue of his Philippine collection +arranged in chronological order, the sketch we have given of the +literature accessible to Filipinos who could not read Spanish in +the eighteenth century would serve not unfairly for much of the +nineteenth. The first example of secular prose fiction I have noted +in his lists is Friar Bustamente's pastoral novel depicting the quiet +charms of country life as compared with the anxieties and tribulations +of life in Manila. [140] His collection did not contain so far as I +noticed a single secular historical narrative in Tagal or anything +in natural science. + +Sufficient familiarity with Spanish to compensate for this lack of +books of secular knowledge was enjoyed by very few Indians in the +country districts and these had learned it mainly while servants of +the curate. It was the common opinion of the Spanish authorities that +the Friars purposely neglected instructing the Indians in Spanish, +in order to perpetuate their hold upon them; but Zúñiga repels this +charge as unjust and untrue. [141] + +It is obvious that it was impracticable for the Indians to learn +Spanish under the mission system. For the pastor of a pueblo of +several hundred families to teach the children Spanish was an +impossibility. A few words or simple phrases might be learned, but +the lack of opportunity for constant or even frequent practice of +the language in general conversation would make their attainments in +it far below those of American grammar-school children in German in +cities where that has been a compulsory study. [142] As long as the +mission system isolated the pueblos from contact with the world at +large, it of necessity followed that the knowledge of Spanish would be +practically limited to such Indians as lived in Manila or the larger +towns, or learned it in the households of the Friars. Slavery with +its forced transplanting has been the only means by which large +masses of alien or lower races have been lifted into the circle +of European thought and endowed with a European language. If such a +result is secured in the future in any large measure for the Filipino, +it can be accomplished only by the translation of English or Spanish +literature into the Tagal and other languages, on a scale not less +generous than the work of the Friars in supplying the literature of +religious edification. This will be a work of not less than two or +three generations, and of a truly missionary devotion. + +We have now surveyed in its general aspects the old régime in the +Philippines, and supplied the necessary material upon which to +base a judgment of this contribution of Spain to the advancement of +civilization. In this survey certain things stand out in contrast to +the conventional judgment of the Spanish colonial system. The conquest +was humane, and was effected by missionaries more than by warriors. The +sway of Spain was benevolent, although the administration was not +free from the taint of financial corruption. Neither the islands nor +their inhabitants were exploited. The colony in fact was a constant +charge upon the treasury of New Spain. The success of the enterprise +was not measured by the exports and imports, but by the number of +souls put in the way of salvation. The people received the benefits +of Christian civilization, as it was understood in Spain in the days +of that religious revival which we call the Catholic Reaction. This +Christianity imposed the faith and the observances of the mediæval +church, but it did for the Philippine islanders who received it just +what it did for the Franks or Angles a thousand years earlier. It +tamed their lives, elevated the status of women, established the +Christian family, and gave them the literature of the devotional life. + +Nor did they pay heavily for these blessings. The system of government +was inexpensive, and the religious establishment was mainly supported +by the landed estates of the orders. Church fees may have been at +times excessive, but the occasions for such fees were infrequent. The +tenants of the church estates found the friars easy landlords. Zúñiga +describes a great estate of the Augustinians near Manila of which +the annual rental was not over $1,500, while the annual produce was +estimated to be not less than $70,000, for it supported about four +thousand people. [143] The position of women was fully as good among +the Christian Indians of the Philippines as among the Christian people +of Europe. But conspicuous among the achievements of the conquest +and conversion of the islands in the field of humanitarian progress, +when we consider the conditions in other European tropical colonies, +have been the prohibition of slavery and the unremitting efforts to +eradicate its disguised forms. These alone are a sufficient proof +that the dominating motives in the Spanish and clerical policies were +humane and not commercial. Not less striking proof of the comfortable +prosperity of the natives on the whole under the old Spanish rule has +been the steady growth of the population. At the time of the conquest +the population in all probability did not exceed a half-million. In +the first half of the eighteenth century according to the historian +of the Franciscans, San Antonio, the Christian population was about +830,000. At the opening of the nineteenth century Zúñiga estimated the +total at a million and a half as over 300,000 tributes were paid. The +official estimate in 1819 was just short of 2,600,000; by 1845 Buzeta +calculates the number at a little short of four millions. In the next +half century it nearly doubled. [144] + +In view of all these facts one must readily accord assent to Zúñiga's +simple tribute to the work of Spain. "The Spanish rule has imposed +very few burdens upon these Indians, and has delivered them from many +misfortunes which they suffered from the constant warfare waged by one +district with another, whereby many died, and others lived wretched +lives as slaves. For this reason the population increased very slowly, +as is now the case with the infidels of the mountain regions who do +not acknowledge subjection to the King of Spain. Since the conquest +there has been an increase in well-being and in population. Subjection +to the King of Spain has been very advantageous in all that concerns +the body. I will not speak of the advantage of knowledge of the true +God, and of the opportunity to obtain eternal happiness for the soul, +for I write not as a missionary but as a philosopher." [145] + +The old régime in the Philippines has disappeared forever. In hardly +more than a generation the people have passed from a life which was +so remote from the outside contemporary world that they might as +well have been living in the middle ages in some sheltered nook, +equally protected from the physical violence and the intellectual +strife of the outside world, and entirely oblivious of the progress of +knowledge. They find themselves suddenly plunged into a current that +hurls them along resistlessly. Baptized with fire and blood, a new +and strange life is thrust upon them and they face the struggle for +existence under conditions which spare no weakness and relentlessly +push idleness or incapacity to the wall. What will be the outcome no +man can tell. To the student of history and of social evolution it +will be an experiment of profound interest. + +_Edward Gaylord Bourne_ + +_Yale University_, October, 1902. + + + +Preface to Volume I + + +The history of the Philippine archipelago is fitly introduced by +presenting a group of documents which relate to Pope Alexander VI's +Line of Demarcation between the respective dominions of Spain and +Portugal in the recently-discovered New World. So many controversies +regarding this line have at various times arisen, and so little on the +subject has appeared in the English tongue, that we have thought it +well to place before our readers the more important of the documents +relating thereto, of which a brief synopsis is here given. + +They begin with Alexander's Bulls--two dated on the third and one +on the fourth day of May, 1493. The first of these (commonly known +as _Inter cætera_) grants to. Spain all the lands in the West, +recently discovered or yet to be discovered, which are hitherto +unknown, and not under the dominion of any Christian prince. The +second (_Eximiæ devotionis_, also dated May 3) grants to Spain the +same rights in those discoveries which had formerly been conferred +on Portugal in Africa. These grants are superseded by the Bull of +May 4 (_Inter cætera_), which establishes the Demarcation Line, +and grants to Spain all lands west and south thereof which were not +already in the possession of any Christian prince. Still another Bull +(dated September 25 of the same year) authorizes Spain to extend her +sovereignty also over lands which shall be discovered to the East, +including India--thus practically annulling both the Demarcation Line +and previous concessions to Portugal. The latter power's remonstrances +against this infringement of her former rights lead to the Treaty of +Tordesillas (June 7, 1494), in which, by mutual agreement between the +sovereigns, a new line of demarcation is established to be drawn two +hundred and seventy leagues farther west than that of Alexander VI; +and another document (dated April 15, 1495) makes suitable arrangements +for a scientific and equitable determination of this boundary. The +final action of the Holy See in this matter is indicated by a Bull +of Leo X (_Præcelsæ_, dated November 3, 1514) granted to Portugal; it +confirms all previous papal gifts to that power of lands in the East, +and grants to her both past and future discoveries and conquests, +there and elsewhere. Disputes arising between Spain and Portugal over +the ownership of the Moluccas or Spice Islands (see letters of Cárlos +I to his ambassadors at Lisbon, February 4 and December 18, 1523; +and the treaty of Vitoria, February 19, 1524), the Junta of Badajoz +is convened (April 11-May 31, 1524) to settle this question; and that +body fixes the Line of Demarcation three hundred and seventy leagues +west of San Antonio, the most westerly of the Cape Verde Islands. (In +this connection are presented the opinions of Hernando Colon, Sebastian +Cabot, and other competent judges; and letters from Cárlos I to the +Spanish deputies.) This settlement proving ineffectual, the Moluccas +are relinquished to Portugal by the treaty of Zaragoza (April 22, +1529), Spain retaining possession of the Philippine Islands, although +the terms of that treaty placed them outside of her jurisdiction. + +Reverting to a somewhat earlier date, we note incidentally the Bull +of Alexander VI (_Eximiæ_, November 16, 1501) which authorizes the +Spanish monarchs to levy tithes on the natives and inhabitants of +their newly-acquired possessions in the western world; and proceed to +a summary of the life and voyages of Fernão de Magalhães (commonly +known as Magellan). Synopses are given of many documents published +by Navarrete, dated from 1518 to 1527: a contract by Magalhães and +Falero to deliver to the House of Commerce of Seville one-eighth of +all gains accruing to them from their future discoveries; a petition +from the same men to Cárlos I regarding the expedition which they +are about to undertake; remonstrances against the undertaking, by the +Portuguese ambassador in Spain, Magalhães's request for more money; +various appointments in the fleet; restriction of the number of seamen; +instructions to Magalhães; a royal order that Ruy Falero shall not +accompany the expedition; Magalhães's last will; the expense account of +the fleet; an attempted mutiny on one of the ships; Francisco Albo'* +journal of Magalhães's voyage; description of the cargo brought +back to Spain by the "Victoria;" investigation of Magalhães's death; +treaties with the natives of the Moluccas; advice given to the emperor +by Diego de Barbosa; Brito's account of Magalhães's voyage; and the +confiscation of two of his ships by the Portuguese. + +This résumé is followed by various supplementary documents. A +royal mandate (March 22, 1518) authorizes Falero and Magalhães to +undertake their expedition of discovery. A letter from Cárlos to King +Manuel of Portugal (February 28, 1519) assures him that nothing in +this enterprise is intended to infringe upon Portuguese rights. A +document written (April 6, 1519) to Juan de Cartagena, appointed +inspector-general of Magalhães's fleet, gives detailed instructions as +to his duties in that office, especially in regard to the equipment +of the fleet, its trading operations in the Orient, the royal share +of profits to be derived therefrom, and the current accounts of the +enterprise; he is also charged with the necessary arrangements for the +colonization of lands to be discovered, and commanded to furnish to the +King information as to the treatment of the natives by their Spanish +conquerors, and the general conduct of the officers of the expedition, +etc. The fleet is ordered (April 19, 1510) to proceed directly to the +Spice Islands, and all persons belonging to it are exhorted to obey +Magalhães. A letter (1522) to the King of Spain gives information about +Magalhães's death, obtained from some Spanish ship-boys who had found +their way to the Portuguese posts in India. The earliest published +account of this noted expedition is the letter written (October 24, +1522) to Matthæus Lang, archbishop of Salzburg, by a natural son of +his named Maximilian Transylvanus (then a student at Valladolid), +relating the events of Magallanes's voyage to the Moluccas (1519-21), +his death at the hands of hostile natives, and the further experiences +of his followers in the Philippine archipelago and on their homeward +voyage. The small remnant of this expedition--the ship "Victoria," +and eighteen men--reach Spain on September 6, 1522, the first persons +thus completing the circumnavigation of the globe. + +At this point should appear in the present series the relation +of Magalhães's voyage written by Antonio Pigafetta, who himself +accompanied the great discoverer. Printed books gave Pigafetta's +relation in abridged form, in both French and Italian, as early as +1525 and 1536 respectively; but apparently his own original work has +never hitherto been adequately presented to the world. The Editors +of the present series, desiring to supply this deficiency, purpose to +publish an exact transcription from Pigafetta's original manuscript, +with accompanying English translation. They have not, however, been +able to secure it in time for Volume II, where it should appear; +it will accordingly be presented to their readers at a later period +in this work. + +_The Editors_ + + + + + +Documents Regarding the Line of Demarcation--1493-1529 + + + +Papal bulls: _Inter cætera_ (May 3), _Eximiæ_ (May 3), _Inter cætera_ +(May 4), _Extension de la concesion_ (September 25)--1493. +Treaty of Tordesillas--June 7, 1494. +[Note on correspondence of Jaime Ferrer--1493-95.] +Compact between the Catholic Sovereigns and the King of Portugal--April +15, 1495. +Papal bull, _Præcelsæ_--November 3, 1514. +Instructions from the King of Spain to his ambassadors--February +4, 1523. +Letter from Cárlos I to Juan de Zúñiga--December 18, 1523. +Treaty of Vitoria--February 19, 1524. +Junta of Badajoz: extract from the records (April 14-May 13), opinions +of cosmographers (April 13-15), letters to the Spanish delegates +(March 21, April 10)--1524. +Treaty of Zaragoza--April 22, 1529. + + + +_Sources_: See Bibliographical Data at end of this volun + +_Translations_: The Papal Bulls are translated by Rev. Thomas Cooke +Middleton, D.D., O.S.A.; the Treaty of Zaragoza, by José M. Asensio; +the remaining documents of this group are compiled, translated, +and arranged by James A. Robertson. + + + +Papal Bulls of 1493 + + +Inter Cætera--May 3 + + +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 and apostolic benediction. 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 religion be 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 this holy see of Peter, 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; recognizing +besides that already you have 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 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, we have also learned that with the wish to +fulfil your desire, you chose our beloved son Christopher Colon, +whom you furnished with ships and men equipped for like designs, +so as to make diligent quest for these far-away unknown countries +through the sea, which hitherto no one has sailed; who in fine with +divine aid nor without the utmost diligence sailing in the Ocean Sea, +as said, through western waters towards the Indies, discovered certain +very far-away islands and even mainlands, that hitherto had not been +discovered by others. Therein dwell very many peoples living in peace, +and, as reported, going unclothed, nor users of flesh meat. Moreover, +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 above-mentioned Christopher +has already had put together and built a fortress [146] fairly well +equipped, wherein he has stationed as garrison certain Christians, +companions of his, who are to make search for other far-away and +unknown islands and countries. In the 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 countries 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 through 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 to embrace the Christian profession; nor +at any time let dangers or hardships deter you therefrom, with the +stout hope and trust in your hearts that almighty God will further +your undertakings. Moreover, 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, +we, moved thereunto by our own accord, not at your instance nor the +request of anyone else in your regard, but of our own sole largess and +certain knowledge as well as in the 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, +do by tenor of these presents give, grant, and assign forever to +you and your heirs and successors, kings of Castile and Leon, all +and singular the aforesaid countries and islands thus unknown and +hitherto discovered by your envoys and to be discovered hereafter, +providing however they at no time have been in the actual temporal +possession of any Christian owner, together with all their dominions, +cities, camps, places, and towns as well as all rights, jurisdictions, +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 + + + +Eximiæ--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 Cætera--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 Doña Isabel, by the grace of God, King and Queen of +Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia, +Mallorcas, Sevilla, Cerdeña, Cordova, Corçega, Murçia, 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 Doña 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, Seçilia, 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 núm. 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 cathólicas +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 Doña 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, _Præcelsæ_, 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 reëxamine 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 Zúñiga--1523 + + +The King: Juan de Zúñiga, 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 João 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; +García 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 Cárlos, by the divine clemency +Emperor ever august, and King of the Romans, and Doña Juana, his +mother, and the same Don Cárlos, 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 Doña 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 Tomás Duran under date of +Búrgos 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 Acuña 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. + +Acuña'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 Acuña and Acevedo. + +Acuña 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 +Cristóbal Vasquez de Acuña, 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 +Tomás Duran, Pero Ruiz de Villegas, Captain Juan Sebastian del Cano; +likewise the licentiate Antonio de Acevedo Coutiño, 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 +Tomás 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 Bartolomé Ruiz de +Castañeda and Gomez Yañes 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 Búrgos, +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 Tomás 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 _á 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 +one hundred and thirty-four degrees distant [eastward] from La Sal +and Buena Vista, quite different from theirs." But inasmuch as neither +touched upon the case, they notified the Castilian deputies to present +maps containing all the necessary lands, and "we would do the same." + +Immediately the Castilian deputies petitioned that both maps be signed +by the secretaries, and they showed theirs with all the Cabo Verde +islands added to it, and some lands which the judges for Portugal +passed by, so that on their part this did not remain to be done. + +The Portuguese map contained Cape Verde with the Rio Grande to the +Arbitro, but no more; and toward the north Cape Bojador, which lies +thirteen and one-half degrees from Cape Verde; _Item_, an islet +called La Ascencion, and then nothing to Cape Buena Esperanza, +which was a northwest direction with a north and south distance of +fifty-two and one-half degrees, and a run of sixty degrees; _Item_, +a nameless bay; _Item_, Cape Guardafui whither it was navigated from +Buena Esperanza to the northeast, with a north and south distance of +fifty and one-half degrees, and a run of fifty-six degrees; _Item_, +Cape Comerin whither it was navigated from Guardafui in an east and +west direction, one-half degree northwest, five degrees east, and a +run of twenty degrees; _Item_, to Zamatra and up to the point called +Ganispola, a run of fifteen and one-half degrees, from which point +to the Malucos it was twenty-seven degrees. + +Thereupon the judges for Portugal, with the exception of Francisco +de Melo, who had departed, said they would answer the other points +made by the deputies from Castilla in the morning. + +May 24. _Ibid._ The judges for Castilla presented the following writ: +"To say that the maps were only for the purpose of locating the Cabo +Verde islands is strange, inasmuch as we are discussing the bringing +by each side of our respective navigations, in order to determine +the distance of the Malucos, as witness the members of the Council, +who were and are present. It is also strange that among such persons +they should withdraw the plans and maps of their navigation, and not +allow us to examine them. In our navigation the only thing necessary is +to see the distance in dispute, and we will locate on it anything else +they wish. The line is drawn according to our opinion. Let them do the +same on theirs meanwhile, in order that it may not prove an obstacle +to the third point. As to what they say about their map being like +ours, it is not so, for they have located only capes and points. We +show the entire navigation up to the Malucos just as they saw it +therein. As to the principal matter that there are one hundred and +thirty-four degrees eastward from La Sal to Maluco, that is a matter +we shall look into, and discuss, and say what we shall deduce as the +truth. As to whether we have located the Cabo Verde islands properly, +why was there no doubt about that when they agreed to it yesterday +afternoon, comparing them in the book of Domingo Lopez de Sequerra, +wherein the whole world is shown in meridian circles? Pero Alfonso +de Aguiar assured the licentiate Acevedo, who showed doubt upon the +matter, many times of this. But for greater abundance of proof we are +going to bring back the maps so that they will be sure of it." [This +writ seems to be an answer to the following one, but they are in the +order written.] + +Then the following writ of the judges for Portugal was read. In +substance it said that the maps presented by Castilla located the +Cabo Verde islands farther west than they should be; that it was +unnecessary to present maps showing their navigations, since the only +thing they ought to discuss was the location of the Cabo Verde islands. + +Then the judges for Castilla offered for a second time their map with +the Cabo Verde islands, from which the measurements were taken. + +In the afternoon the Portuguese deputies said in substance that the +navigations should not be examined, but only the locations of the +Cabo Verde islands with their respective distances. This ought to +be done in order to determine the meridian at the three hundred and +seventy leagues. + +The Castilian deputies declared immediately that they were ready +to do this, without prejudice of going on to the decision of the +negotiations. + +Those from Portugal measured the maps, finding several differences +between the one of Castilla and their two--a large one and a small one. + +Those from Castilla petitioned that the differences be pointed out +and that the Portuguese deputies should state what they considered +the truth; and that they were quite ready to acquiesce. + +May 25. _Ibid_. Those of Portugal declared that they found differences +in this place of one degree, in that of five, which they should try +to reconcile. Neither had those of Castilla shown the locations of +the Canaries and Cape San Vicente, and it was necessary to have these +lands indicated. + +The Castilian deputies offered a map with the lands in question, +saying that, if this was the opinion of the Portuguese deputies they +would conform to it, only they would take back the map presented first, +being ready to conform with this opinion in order to get rid of the +disputes which were blocking the decision. + +The Portuguese deputies said it was quite late, and they would give +their answer on the next day. + +May 27. _Ibid_. The judges for Portugal asserted in regard to +the location of the Cabo Verde islands: "We locate the island of +Santiago in five and one-fourth degrees of longitude from Cape Verde; +the islands of La Sal and Buena Vista in four; Sant Anton in eight; +and San Nicolas in five and one-half." + +The judges for Castilla gave immediately as their opinion that the +island of Santiago was in five and two-thirds of longitude distant +from the meridian of Cape Verde; those of La Sal and Buena Vista four +and two-thirds; that of Sant Anton nine, being in eighteen degrees of +latitude. [The original signatures of Colon, Duran, Salaya, Villegas, +Alcaraz, and Cano follow.] + +May 28. By common consent both sides presented globes showing the +whole world, where each nation had placed the distances to suit +themselves. The measurements were taken and the secretaries ordered +to set them down. + +The measurements followed in the afternoon. Numberless differences +were found, such that the globe of the Portuguese deputies showed +one hundred and thirty-seven degrees of longitude from the meridian +of the islands of La Sal and Buenavista to the meridian passing +through the Malucos; while that of the Castilians showed one hundred +and eighty-three. Both were measured eastward with a difference of +forty-six degrees. + +At adjournment of this meeting they agreed to meet upon the thirtieth +upon the bridge of Caya to discuss and examine everything needful +for the negotiations. + +May 30. Monday, on the said bridge. The judges for Portugal presented +the following notification, read by Francisco de Melo: that because of +the differences in the globes they believed it necessary to investigate +and make certain of the longitudes in question. For this they proposed +four methods, namely: The first, on land by taking distances from +the moon to some fixed star, as might be agreed upon; the second, to +take the distances of the sun and moon in their risings and settings, +and this upon land having its horizon above the water; the third by +taking a degree of the sky without any limit for sea and land; and the +fourth, by lunar eclipses. "Let us examine the method that we must +use," they say, "and let us consider how to end the negotiation. If +the time remaining seems short, it should be prorogued as long as may +be necessary and for such prorogation we notify," etc., and they did +notify Acuña and Acevedo to prorogue it for all of June. + +Acevedo gave his vote [the same as in the records of possession]. Acuña +said that he heard it, and Don Fernando Colon read immediately the +following writ, which in brief showed the subterfuges of the judges for +Portugal, the differences between the said judges and the globes which +they presented concerning the distance from the meridian of La Sal +eastward to Maluco, for they say it is one hundred and thirty-seven +degrees but in one globe there were one hundred and thirty-four +degrees and in another one hundred and thirty-three, a difference +which proved falsehood; that both word and drawing showed their +[the Castilians'] truth, and reasons and experience proves the said +distance to one hundred and eighty-three degrees, and by way of the +west one hundred and seventy-seven. The principal matter could have +been determined in the time set; and this proposition of methods, +which would require a long time, proved that they wished to delay +matters. Neither was one month sufficient for the examination by these +methods foreign to the spirit of the treaty, and they were opposed to +this thing. They notified the Portuguese deputies to vote definitely +on the demarcation and ownership at four o'clock in the afternoon +on the following and last day of the time set. If they did not do so +they would be to blame ... we protest that we shall vote, etc. + +The licentiate Acuña immediately handed in a negative vote on the +question of continuation, as is seen in the Records of Possession. The +notification of Acevedo and the confirmation of Acuña are also the +same as in the said Records. + +May 31. _Ibid_. In reply to the deputies of Castilla; those of +Portugal presented a writ to the following effect: that the case was +far from being in a state to pass a definitive sentence upon it. Only +three preliminary points had been touched upon, and discussion of +the principal things passed by. Therefore they were to agree upon +the distances by virtue of certain observations; to place, by common +consent, the lands and seas on a blank globe; and to draw the line of +demarcation. The difference in our globes proved nothing. Also they +[the Castilians] had altered their only globe and map, based on the +voyages of Juan Sebastian del Cano. Therefore believing that all the +globes and maps were in error, we have proposed certain astrological +methods. Meanwhile we cannot vote, etc. + +Don Fernando Colon read immediately the following vote and opinion +of the Castilian deputies: + +_Opinion of the Spanish Astronomers and Pilots_ [184] + +The first thing required and presupposed in this matter of defining +and determining the present case of the ownership of the Malucos is to +ascertain where the divisional line passes; and secondly the location +of the above-mentioned Malucos. As to the first--the location of the +said line--we their Majesties' deputies declare: We have voted already +for many reasons and causes that this line must pass west of the island +of Sant Antonio, the measurement commencing from this place, as we +have demonstrated by our words and drawings during the procedure of +this case; and we declare the same now by our vote and decision. As to +the second, we assert that the Malucos fall many degrees within their +Majesties' demarcation. In verification of this assertion it is to +be noted, that, since the sphere has a circumference of three hundred +and sixty degrees, this number should, of necessity, correspond to the +distance, demonstrated by the deputies of the King of Portugal, to be +comprised between the meridian of the island of La Sal and the Malucos, +plus our assertion of the distance westward to the same Malucos. And as +this number of degrees not only is not attained in the said navigation, +but the latter rather falls short of it by about fifty degrees, no +other reason can be assigned for the shortage, except that it arises +from the distance eastward being greater than they have shown it to +be; and the error consists in their having shortened the said journey, +which is suspected and proved conclusively according to the following. + +First, because it is sufficiently clear evidence to note that, +in the prosecution of this case, they attempted to make use of +ends which were manifestly unjustifiable, and wished to delay +and not arrive at a conclusion. This was quite apparent when they +immediately _refused to admit Simon de Alcazaba,_ because he had +voyaged in those seas and lands with the Portuguese, and knew the +truth concerning their distances, and the places where they shortened +the distances; and because some days must pass before their Majesties' +commission to elect another judge, could arrive from Búrgos. _Item_: +because on Saturday, April 23, we [the Castilian deputies] voted +upon the order of investigating the three points necessary in the +prosecution of this case, namely, in what manner we should determine +the demarcation,--whether on a plane or spherical surface,--what +location we should assign to the Cabo Verde islands, and from which +one of them we should commence to measure the three hundred and seventy +leagues; they in a matter so apparent, and of so little inconvenience +or room for speculation, would not vote until Wednesday, May 4, a +space of eleven days, and in order to cause confusion they voted that +the first thing to determine was from what island the three hundred +and seventy leagues to the line were to be measured, it being beyond +the bounds of reason to discuss such a thing before investigating +or ascertaining the relative locations of these islands with regard +to each other, examining them in some manner, in order afterwards +to enable us to determine from which one such measurement should be +made. This we showed most conclusively by the reasons brought forward +in this case. But wishing the verification of the truth, we consented +to proceed in the matter as they elected. + +_Item_: when it came to a vote as to the island from which the three +hundred and seventy leagues was to be measured, they voted for the +islands of La Sal and Buena Vista. This was quite contrary to justice, +inasmuch as the measurement should begin at the island of Sant Antonio, +the most westerly of the Cabo Verde islands, as is apparent from +reasons adduced by us. It is apparent also from these reasons that, +at our last meeting in Yelves, they brought in a globe upon which the +line of demarcation had been drawn by them twenty-one and one-half +degrees west of the said island of Sant Antonio. This they tried to +disavow so that the notaries could give no testimony regarding it, +telling them they could give no other testimony than that they saw +a reddish band just like many others on the globe. Nevertheless in +downright truth, in a globe marked with the points of the compass +as it was, on which the principal winds were shown in black, the +mid winds in green, and the quadrants in lines of a reddish hue, +there could not be a quadrant or colored band passing from pole +to pole--especially since there was but one, all the others being +black--which they were substituting for the north and south wind, +blowing from one pole to the other, and which is placed on such globes +instead of the wind or meridian line. + +Therefore it is apparent from the above that they had drawn this line +long before they voted for the line of demarcation, by the sphere +which they showed to have been made long before; and which if it had +other reddish lines girdling the sphere, these latter did not pass +through the poles as this line did, but started from the center of +the compasses placed on the equinoctial, and were in proportion to +other circular lines. But this line was in proportion to no other line, +saving one corresponding to the number of the three hundred and seventy +leagues reckoned from the island of Sant Antonio, just as we voted it +must be located. Therefore it is proved by this line and globe that +the said line was in harmony with our vote in regard to the distance +it must have from the said island of Sant Antonio and in regard to +its passing from one pole to the other, according to the stipulation +of the first treaty negotiated between the Catholic sovereigns and +King Don Juan (may they rest in peace), and not in harmony with it, +in regard to the other things maintained on this point in the said +globe. Therefore it results that they voted contrary to justice, +with intent to show that they had navigated a shorter distance, and +to delay and cause disagreement in these negotiations because of this +point. All the above is apparent and is proved by the records of this +assembly, and it is inferred therefrom that they did not consider or +regard as true the few degrees they had given out. + +_Item_: having agreed that we should bring good maps on which we would +show our voyages westward, and they theirs eastward, they produced +a map, upon which were shown only a few points and principal capes, +and those lately inserted thereon; so that their voyages could not +be ascertained. Neither was it possible to verify in such a map what +they compressed in it. As the said distance of degrees given by them +was not true, as would be quite apparent if they brought a good map, +and one made some time before, in which their said navigation should be +contained, and as they had no just excuse to palliate such contention, +they said that they brought the said maps only to locate the Cabo Verde +islands, which by the very same map was proved to be contrary to the +truth and was not a sufficient excuse, since the said islands were not +located on this map, as is evident from the judicial records. Therefore +because of all the above reasons, and because it might not be possible +to verify later what had passed, they would not permit the judges and +notaries of the case to examine the said map. More than this, having +decided afterwards upon the location of the said islands, we were in +agreement with a map on which they had located them. As the decision +was not unanimous they locked up the said map and would not produce +it again, although they were requested to do so by us. And therefore, +they voted afterwards upon the location of the said islands contrary +to their own determination of them in the said map, and contrary to +what we voted in the said case. They did this contrary to all reason +and right, as was proved afterwards by a globe that they showed, on +which both the island of Sant Antonio and that of La Sal were exactly +where we located them, as is evident from the judicial records of +this case. Consequently they acted contrary to what they had declared +and voted. In the same way it was proved by the said globe [the first +one] that the voyage eastward from the said island of La Sal to the +Malucos, was greater than they had declared at first; and the said +globe did not conform with the map they had shown first, nor even with +another globe they produced. It is adduced from all the above by, +evidence and clear demonstration, that the said distance of degrees +asserted by them is untrue. Therefore they sought and tried to delay +these negotiations, alleging that maps and globes were insufficient +instruments from which to ascertain the truth, and that the demarcation +could not be determined by them. They begged insistently that other +methods of eclipses and fixed stars be sought, not taking into +account, as we have said, that these are causes for great delay; for +the consideration of such eclipses, and the movement of the moon, +and its visual conjunction with any fixed star, and all other like +mathematical considerations can at present be of no advantage to us, +_because of our being limited to such a brief period as two months_, +in examining and determining this matter. From this [the short time] +it is seen that it was not the intention of those sending us that such +expedients should be sought or pursued. It can be well said from the +above that he who has a poor proof, shows in detail the witnesses to +that fact, and therefore, we shall demonstrate in the following more +fully and specifically that the said distance is not what they assert, +and that all reason, every document, and all experience contradict it. + +First it is proved that they have on their part, lessened the number +of degrees, for the voyage from Guinea _to_ Calicut is shown to be +greater than they assert or show, because from the time those lands +were discovered until now, the said Portuguese have been shortening +and lessening the said distance. [This assertion is proved by the +various discoveries eastward made by the Portuguese navigators from the +time of the Infante Don Enrique, (Prince Henry the Navigator) namely, +Cadamosto, the Venetian; Antonieto, the Genoese; Pedro Zinzio; Diego +Cano; Bartolomé Diaz; and Vasco da Gama. [185] The distances navigated +by these men are given as they themselves recorded them.] Therefore +with apparent reason the _Itinerario Portugallensium_, translated +from Portuguese into Latin by Archangelo Madrignano, and which was +printed in 1508, [186] in chapter sixty, reckons a distance of three +thousand eight hundred leagues, or fifteen thousand miles from Lisbona +to Calicut, and declares in the last chapter that it is a three months' +voyage from Calicut to Zamotra. + +_Item._ the said distance is proved to be much greater, as we assert, +because of certain persons who traveled through and navigated the +lands and seas eastward from the sea Rojo [Red Sea] and recorded +their voyages at a time when there was no suspicion of a discussion +like the present. [Gerónimo de Santisteban, a Genoese, is given as +an example. He sailed from Aden to Calicut in thirty days, and in +eighty-three days from Calicut to Zaumotra (Sumatra), a distance of +about fourteen hundred leagues. "With this number agree Marco Paulo +(Marco Polo) and Juan de Mandevilla (John Mandeville) in the self-same +voyages and travels made by them, as is stated very diffusely in their +books." The three-year voyage of King Solomon's ships, as recorded in +"the third book of the Kings" [187] to "Ofir and Zetin whence they +brought the gold to build the Temple," and which places "all writers +upon the sacred scriptures assert" to be "toward the most eastern +part of India," agree with the same figures.] From all the above, +therefore it is inferred that the navigation from the said Mar Rubro +[Red Sea] to the eastern part of India is a much greater distance +than the Portuguese say. + +_Item:_ it is well-known that the Portuguese themselves confessed that +the said Maluco islands were so far to the eastward that they fell +within their Majesties' territories. And this was so apparent that one +of the deputies acting now in this cause for the said King, by name +Master Margallo, in a philosophical book written by him, and but lately +out of press, in showing the division between Castilla and Portugal, +proves that the said Malucos fall and are within their Majesties' +limits. And too, when they were discovered by the Castilian fleet, +the King of Portugal desiring to have information regarding their +location and boundary, considered himself perfectly assured when all +those whom he ordered to assemble for this purpose concluded that they +lay within the Castilian boundaries. And therefore the more than great +caution exercised up to that time in not permitting sea charts to be +taken from his realms was thereafter observed much more strictly, +and many maps were burned, destroyed, and seized, and an order was +sent forth that the routes in all maps should be shortened. And those +maps they do give out for purposes of navigation, to those who must +sail toward India, they give on account, so that they must be returned +to the treasury in order that there might be no information in other +places as to the longitude of this route. And all the abovesaid is +confirmed more clearly, because, notwithstanding the great caution +exercised in Portugal in not allowing maps to be taken outside of the +kingdom, certain Portuguese and Castilians have taken and possessed +some maps. We, the said deputies of their Majesties, wishing to +become better informed concerning these maps, in order to pronounce +better and more truly upon this case, for the greater assurance of +our consciences, and for the purpose of securing the most indubitable +knowledge in regard to this matter, summoned before us certain pilots +and men, skilled both in navigation and in making maps, globes, and +mappamundos. These men have always tried to inform themselves with +great care, concerning the distances and routes of the said voyage, +both of those who made the voyage, and of those who delineated and +located the lands comprehended in the voyage. They stated under oath +and before two notaries and the secretary of this case, that they knew +that the said navigation and the location of these lands comprised +more degrees than was declared and demonstrated by the said deputies +of the King of Portugal, by their globes and maps. So much greater +was the distance that it was evident they were now trying to shorten +the said voyage again by more than twenty-five degrees of longitude +of the distance until now declared by them. + +Therefore, as is apparent from the said information of modern +navigators and cosmographers, both Portuguese and those of other +nations, and from the relation of the said pilots and sailors, it has +been proved completely that the said distances and routes, declared +by the said deputies of Portugal, are neither just nor true, and that +the deputies have reported them much shorter than, in sober truth, +they are. From this it can be presumed, that inasmuch as they shorten +the said route each day, the said mistake of fifty degrees proceeds +doubtless from their eastern part and not from our western part. + +_Item:_ it is to be observed that, notwithstanding the said distances, +expressed, as is shown by the said pilots who determined them, as +they should, on a spherical body, the said Malucos fall many degrees +within the limits of our lord, the Emperor, and that they lie a much +greater number of degrees east of the island of La Sal, than they had +declared, inasmuch as, according to geometrical reasoning, the lands +situated along the said eastern voyage, placed on a plane surface, +and the number of leagues being reckoned by equinoctial degrees, +are not in their proper location as regards the number and quantity +of their degrees, for it is well known in cosmography that a lesser +number of leagues along parallels other than the equinoctial, occupy +a greater quantity of degrees. Now then as almost all the lands from +the Cabo Verde islands to the Malucos, are, for the most part quite +distinct from the equinoctial, it will take a much greater number +of degrees when they are transferred and drawn on the spherical +body. Calculating by geometrical proportion, with the arc and chord, +whereby we pass from a plane to a spherical surface, so that each +parallel is just so much less as its distance from the equinoctial +is increased, the number of degrees in the said maps is much greater +than the said pilots confess, and consequently these lands fall by a +greater number of degrees inside their Majesties' limits. In order to +verify the above we must examine the itineraries and navigation routes, +and the angles and intersections made by the routes with the meridians +and parallels encountered, which are styled angles _positionis_ among +cosmographers. This is the most certain method of determining lands +on a spherical body, when calculating them from the plane surface, +as the following will show. + +[The distances of these itineraries are shown in evidence of the +preceding. Maps of India made in Portugal "at the time when there was +no suspicion that so great a number of leagues was to be subtracted +as is proved now to have been the case," are cited and distances taken +therefrom in proof of the assertions made by the Castilian deputies. As +a result of these distances it is shown that the distance between +the Moluccas and the island of Sant Antonio would be one hundred and +eighty-four degrees to the eastward, to which number "must be added +the degrees contained in the said three hundred and seventy leagues +from the island of Sant Antonio to the line of demarcation." The +following deductions are made:] + +It is quite evident from the above that the distance of the navigation +eastward assigned by the Portuguese in the proceedings is short by more +than fifty degrees, being proved by the said old Portuguese relations +and maps, which are not to be doubted. And it is evident that our +calculation is true, both eastward and westward, and that from the +said divisional line commencing from the island of Sant Antonio, +the distance westward to the Malucos is not more than the said one +hundred and fifty degrees. + +[At this point the aid of the old authors, Ptolemæus and Plinius, +is invoked to prove more conclusively that the distance was shortened +by the Portuguese. The summary of the document is as follows:] + +Therefore in concluding, we assert, both on account of the reasons +abovesaid, and for many others which incite us to this decision, +that we find the location of the Malucos not to lie in the longitude +declared by the deputies of the King of Portugal, but where we claim +and prove by our sea chart. Consequently we assert that they lie and +are situated a distance of one hundred and fifty degrees west of the +divisional line, as we have shown in these discussions. It results +then that the distance eastward from the said line to the said Malucos +is two hundred and ten degrees, and according to this the ownership +and seigniory of the Malucos pertain to their Majesties. This is +our vote and decision, and thus we declare to and notify the said +deputies of the King of Portugal, that since our vote is just and in +accordance with right, they conform to the same. Don Hernando Colon, +Fray Tomás Duran, Doctor Zalaya, Pero Ruiz de Villegas, Master Alcarez, +Juan Sebastian del Cano. + +I have read the above vote and decision of their Majesties' +said deputies in the presence of the deputies of the said King of +Portugal. Thereupon the said deputies of their Majesties and their +secretary all said for themselves that their opinion is in accordance +with the above, and they ordered us, the said secretaries to set +it down in the records. Then the said deputies of the said King of +Portugal declared that they were opposed to the said vote and adhered +to the writ presented by them yesterday, and to the one presented at +this meeting today before the reading of the vote in question. They +said they had other reasons to offer, which they would not give +today for lack of time, but would present tomorrow, Wednesday, the +first of June. They ordered us, the said secretaries to set it down +thus in this record. And we, the said secretaries being present at +this declaration, set it down in this record, and sign it with our +names. Bartolomé Ruiz de Castañeda. + +The Portuguese deputies answered that they adhered to their +proposition. The formalities follow and the junta was adjourned, +as was certified in the records by the secretaries Bartolomé Ruiz de +Castañeda acting for Spain, and Gomez Yañes Freytas for Portugal. [188] + + + +Opinion Rendered by Don Hernando Colon in the Junta of Badajoz +Concerning the Ownership of the Malucos + + +Don Hernando Colon declares that, at the first meeting of the +deputies who were to confer regarding the question of ownership, +when discussing the method of procedure, it was his opinion that +each one should set down in writing what he knew of this matter, thus +furnishing reasons and information upon which to base his Majesty's +right, and also material wherewith to answer the arguments, to which +he thought they might be opposed _ex adverso_. Although this method +was not approved by the said deputies, considering that it could not +but result in some good to his Majesty's service, he presented his +opinion in writing after the following Saturday, wherein he showed +their Majesties' right not only to the Malucos, but also to all of +Persia, Arabia, and India. [Thereupon it was decided that each one +should present his opinion, "especially as each one will incite and +spur on his fellows, and in case of any sickness or absence, what +such and such a deputy knew of the matter would be known, and if we +should decide upon nothing definite at this time, we shall leave a +record of the truth for a future time." Colon says:] + +First, inasmuch as the division of the sphere, which is an unknown +quantity, is to be determined, we must determine and verify its +size. This must be done by one of two methods, namely, by measuring +the entire globe or body to be divided; or by ascertaining exactly the +proportional relation between one portion of it and the corresponding +portion of another body, whose size is known to us, as for instance +the heavens, which learned men have divided into three hundred and +sixty parts or degrees. + +As to the first method of measuring the earth, besides being very +difficult, it becomes also arbitrary unless measurements were always +made by line. Much uncertainty is occasioned by this method, because, +as we hear and say continually such and such leagues are very long, +while others speak of them as small, each one judging according to his +own opinion, and taking into consideration the time and rapidity it +took him to walk them. On this account a much greater difference will +result when the said leagues are measured by sea, for there are many +more obstacles that alter or impede the correct calculation of them, +such as, for instance, currents, tides, the ship's loss of speed, +because of its meeting with strong head winds, or because of heavy +seas coming athwart the bows, or from other directions. In addition +to all these one may be deceived by the ship's burden and bulk; or +by reason of the ship's bottom being cleaner or dirtier at one time +than another; or whether it is towed or sailing alone; or whether it +carries new or old sails and whether they are of good or ill pattern, +and wet or dry; whether the day's run is estimated from the poop, +prow, or amidships; and other special considerations that I pass by, +such as the heaviness or lightness of the winds, the differences in +compasses, etc. From the above then, I infer that it is difficult +and unsatisfactory to determine the size of the earth by means of +measuring it by traveling or sailing, and the same was maintained by +Ptolemæus and other erudite men by actual test. + +As to the second method, namely, by determining what portion of the +earth corresponds to another known part of the heavens, it is more +_probabile etiam per demonstrationem_. But the difficulty of this +method lies in the fact that this proof or demonstration has been +made by many learned and experienced men, and we discover a great +diversity in their results, as I pointed out in my opinion when it +was agreed that every one should commit _in scriptis_ the number of +leagues corresponding to each degree, of which the following is a copy. + +[Here follow the different calculations of the length of a degree and +the circumference of the earth, beginning with Aristotle. Briefly +these are as follows: Aristotle, 800 stadia to a degree, making +the terrestial circumference, 12,500 leagues; Strabo, Ambrosius, +Theodosius, Macrobius, [189] and Eratosthenes, each 700 stadia to the +degree, and a circumference of 7,875 leagues; Marinus and Ptolemæus, +500 stadia to the degree, and a circumference of 5,625 leagues; +Tebit, Almeon, Alfragano, Pedro de Aliaco [190] "in the tenth +chapter of _De imagine mundi_ and the author of the sphere in the +division of the zones," Fray Juan de Pecan "in the fourth chapter of +the treatise of the sphere," and the "first Admiral of the Indies, +[191] as is evident from many papers made by him," each "fifty-six +and two-thirds miles" or "fourteen leagues and two-thirds of a mile" +to a degree, and a circumference of 5,100 leagues. "If no opposition is +given to this latter _ex adverso mere voluntarie_," continues Colon, +"then necessarily we must have recourse to verify it by experience, +which is hindered by many obstacles." In further reasoning he says:] + +It is clear from the above, that, supposing the measurement of the +degrees to be conclusive, it is not reduced to such practical form +that the place where such and such a number of leagues correspond +to a degree can be told, nor is it easy to determine this; so that +it will be necessary, both sides concurring, to select persons and +instruments and the place for making the test. After these men had +been ordered to proceed, instruction and advice must be given them, +which being a huge matter and outside of the present discussion, I +shall not dwell upon. If such practical experience is not acquired, +then rightly and quite reasonably the measurement or size of degrees +used by the authors of tables, or of almanacs and daily calculations of +the stars, should be accepted; and such a view seems quite conclusive +to whomever is not obstinate, since it is proved that the diversity +of the relative positions of the superior bodies proceeds from the +difference between the places of observation. + +Supposing that the number of miles or leagues corresponding to each +degree were to be verified by the care and skill of the men abovesaid, +then another very long and difficult calculation would be necessary, +namely, the appointment of experienced men to measure and determine +the number of measures or degrees from one continent or province to +another. And when they shall reach the half [one hundred and eighty +degrees] counting from the line passing at the end of the three hundred +and seventy leagues, at that place they shall establish a point or mark +to show what pertains to each side. But as this manner of measuring +degrees may be difficult from east to west, although easy from north +to south, recourse must be had to certain fine and subtile methods, +of which, although everybody is well informed concerning them, I +shall not hesitate to state a few facts I have been able to acquire, +in order to give these other deputies an opportunity to explain those +facts of which I am ignorant. + +[Various methods for estimating the length of a degree follow. Colon +concludes thus:] + +But inasmuch as the determination of the above methods seems to +be and is difficult, each one of them must be employed, and each +one put into execution, so long as one does not conflict with the +other. Furthermore the day's run must conform to these methods, +and pilots of great experience and judgment chosen. In this way it +might be hoped to determine a division in which neither part would +suffer and great loss or inconvenience. Inasmuch as, in another form, +_rebus stantibus ut nunc_, I consider it impossible that one side can +succeed in convincing the other by demonstrating that the Malucos +fall within his territory, although one might show that it is more +in accordance with equity and reason, and thus obtain his object, if +the judges imagine that they could determine it according to rigorous +and absolute judgment; therefore in order to accomplish my utmost as +well as to do everything that I think can be of use in this question, +upon the day determined by the assembly I shall present in writing all +the evidences, documents, and drawings bearing upon this case that, +to my mind, might prove useful. + +Now to sum up in conclusion of the above, neither side can convince +the other that he is trying to shift his ground; and therefore, I say, +no sentence can at the present time be passed upon this case, except +that it will be necessary to agree upon an expedition to compute the +size of the degrees; and this done, ships and men must be chosen, +for the purpose of measuring the longitude by one or the other of the +various methods found to be best, and for definitely determining and +marking the beginning and end of the said demarcation, and the lands +falling in each part or hemisphere. [His signature and the notarial +countersignature follow. The date of this document is April 13, 1524.] + + + + +Opinions of Fray Tomas Duran, Sebastian Caboto, and Juan Vespucci +Rendered at the Junta of Badajoz Regarding the Ownership of Maluco + + +Inasmuch as you wish, it appearing to have some value, that each one +should set down in writing his opinion regarding the demarcation that +his Majesty commended to us, we, Fray Tomás Duran, Sebastian Caboto, +captain and pilot, and Juan Vespuchi, pilot, concert together in +setting down and explaining our opinion regarding this demarcation. + +First we must calculate the leagues, giving as few at possible to +the celestial degree, because giving fewer leagues [to the celestial +degree] there will be fewer throughout the earth, which suffices quite +well for their Majesties' service. However, as we pointed out formerly, +it seems to us that we must employ the number used commonly by sailors +both in Portugal and Castilla. These men assign to each heavenly +degree seventeen and one-half leagues, to the first following point +of the compass from the north [north by east] eighteen and one-half, +to the northeast by north twenty, etc. The second fundamental is that +we must conform ourselves to that most grave and practical astrologer +Ptolemaeus, who, writing later than Pomponius, Marinus, Plinius, +and Strabo, calculated sixty-two and one-half miles to each degree. + +Thirdly we declare that there are two methods of procedure in this +demarcation. The first is according to the conjectures and experiments +made during many repeated voyages by skilled pilots. This method has +been followed by all the writers on cosmography. The other most sure +method is by proceeding in a northern altitude from north to south, +and in an altitude from east to west, or by taking the east and west +longitude. This is a difficult task, as this assembly is aware, and +as each one has declared, and setting forth many methods for doing +it that appear feasible to them, and finding fault with them all. + +First let us examine this first method, and then the second. As to the +first we must place the line of demarcation three hundred and seventy +leagues from the island of San Antonio. This number of leagues is +equal to twenty-two degrees and almost nine miles. Reckoning degrees +from that parallel and from the island of San Antonio there is a +distance of one hundred and eighty leagues to Cape Verde which equals +ten degrees. Therefore it is thirty-two degrees from Cape Verde to +the line of demarcation. We assert then, that by graduating these +degrees in this manner, the Malucos fall within the boundaries of +our lord the Emperor, however we may make the demarcation. For if we +wish to determine it after the customary models and where voyages +have been made up to this time, to wit, calculating five hundred +and forty leagues from Cape Guardafuui to Cape Comori, five hundred +and sixty leagues from Cape Comori to Malaca, and four hundred and +twenty leagues from Malaca to the Malucos, in which way the voyage +is always made, not only do the Malucos fall within his Majesty's +demarcation but also Malaca and Zamatra. And if, perchance, we wish to +determine the demarcation in accordance with the recently corrected +Portuguese maps, which reckon a much less number of leagues between +the above-named places, to wit, from Cape Guardafuui to Cape Comori, +Cape Comori to Malaca, and from Malaca to the Malucos, we still +assert that the Malucos fall within the demarcation of our lord the +Emperor. For according to these maps corrected recently in this way, +the demarcation or line of demarcation falls near Gilolo, an island +near the Malucos. This is so on the plane surface of their map. When +this plane surface is reduced to a spherical one, because of the +rotundity of the sea where these voyages are made--the latter being +in addition along parallels other than that of the equinoctial and +where the degrees are less than those of the equinoctial, (the same +league being assigned to the different degrees)--so that when this +reduction is made, five degrees are gained, or nearly this number, +which we have measured and proved to be so, then it comes to pass, from +their own map, that the line of demarcation falls outside the Malucos, +and the Malucos are in the territory of the Emperor our sovereign. + +_Item_: let us suppose, for instance, that when the Catholic Sovereigns +and King Don Juan of Portugal ordered the demarcation of the seas +to be made, by commanding a line to be drawn from the Arctic to the +Antarctic pole at a distance of three hundred and seventy leagues from +the Cabo Verde islands, they had ordered also the demarcation made +on the eastern side, which his Majesty orders us to do now--though +at that time neither Persia, Arabia, nor the Cabo Buena Esperanza +[Good Hope] was discovered--it is quite certain that this north +and south line must pass on the eastern side through the mouth of +the river Ganges. This is a fact, because Ptolemaeus with great care +described and located the cape of Catigara in accordance with the long +experience of those voyaging through the spice region, as is discussed +in the fourteenth chapter of the first book of his cosmography. He +makes a distance of one hundred and eighty degrees from the Canarias +to Catigara or the Metropol of the Chinese. Therefore subtracting +the thirty-two degrees--the distance of the divisional line west [of +the Cape Verde Islands], the line on the other side passes through +the mouth of the river Ganges, which lies in one hundred and fifty +degrees of longitude. Therefore Malaca, Zamatra, and Maluco fall +within the demarcation of his Majesty. + +_Item_: it can not be denied that the island of Gilolo, lying near the +Maluco Islands, is the cape of Catigara, inasmuch as the companions +of Magallanes journeyed westward upon leaving the strait discovered in +fifty-four degrees of south latitude, sailing such a distance west and +northeast that they arrived in twelve degrees of north latitude where +were found certain islands, and one entrance to them. Then running +southward four hundred leagues, they passed the Maluco islands and the +coast of the island of Gilolo, without finding any cape on it. Then +they took their course toward the Cabo Buena Esperanza [Good Hope] +for Spain. Therefore then the cape of Catigara can only be the said +island of Gilolo and the Malucos. + +_Item_: Ptolemaeus locates this cape of Catigara at the point of the +gulf Magnus, next to the gulf of the Ganges and the Cresonensus bay, +which conforms wholly to the account now discovered, so that the +description and figure of Ptolemaeus and the description and model +found recently by those who came from the spice regions are alike and +not only alike in appearance, but in name. That region is now called +China; Ptolemæus styled it _regio Sinarum;_ the barbarians also +compressing the _s_ say Sina instead of China; and the Portuguese +themselves place China in this region. Therefore it being asserted +that the island of Gilolo and the Maluco islands are Cape Catigara, +as is a fact, the line of demarcation falls thirty-two degrees more +to the westward and passes through the mouth of the Ganges. Therefore +Zamatra, Malaca, and the Malucos fall within our demarcation. + +_Item_: in everything discovered by the Portuguese of which Ptolemaeus +has any notice, the former conform in their navigation to the +latter. They locate China north of the Malucos in the gulf Magnus, +just as Ptolemaeus locates it. For these and other reasons, which will +be adduced by wiser than we, it seems to us that the Malucos, Malaca, +and Zamatra fall thirty-two degrees within his Majesty's demarcation, +as we stated above. This is the opinion of all three of us, and as +such we give it, signed with our names this fifteenth of April, one +thousand five hundred and twenty-four, in the city of Badajoz. Fray +Tomás Duran, _Magister_. Sebastian Caboto. Juan Vespucci. [The notarial +countersignature follows.] + + + +Memorandum Relative to the Right of His Majesty to the Dominion and +Ownership of Maluco, Presented by Don Hernando Colon + + +Don Hernando Colon asserts that the first section of the treaty +ratified between the Catholic sovereigns (may they rest in peace) +and King Don Juan of Portugal, sets forth a certain division of +seas and lands of which, the people having no definite knowledge +or understanding, the public report has originated and been sown +broadcast that they had divided the world between themselves. From +this supposition it resulted that the people inferred another general +conclusion, namely, that having divided the world, it followed +immediately that they divided it into equal parts. So wide spread is +this that the above report gives rise to a so deep-rooted impression +in these men whom his Majesty sent at present to inquire into the +question of ownership, that they have persuaded themselves that it +is really the truth. And although they have seen and read the said +treaty many times, this does not suffice to make them recognize in +their method of procedure that such a supposition is untrue, especially +since the contrary was not declared by his Majesty's Council in their +assembly. Neither did they appreciate the fact that the assembly did +not say they should understand it in this or that manner, but fulfil +the stipulations of the first treaty in accordance with the new treaty +and commissions delegated to you. + +Therefore, inasmuch as many inconveniences result from this, which +occasion not only great damage to his Majesty's service, but also a +great delay in the settlement of the present business, on account of +this vicious understanding being the cause of their trying to direct +it by unsuitable and senseless methods, and to wrangle and dispute +not only with the Portuguese, but even among themselves in regard +to obtaining certain other things, it seems to me that the present +negotiations would move more briskly and advantageously if they should +do the very contrary of what they are striving to do, namely, to locate +the line of demarcation as far westward as possible; I the said Don +Hernando beg your graces, the lawyers Acuna, Manuel, and Barrientos, +as being members of his Majesty's Council, and the licentiates Pisa, +and Doctor Ribera, as being his advocate and official attorney, both +in order to fulfil his Majesty's command, namely that we ask your +advice, and in order that the above command might be obeyed by your +graces, that, since this point consists principally in law and not +in astrology or cosmography, you set forth and declare in writing, +for our good understanding, what we ought to do in this case, and +what understanding we should have of it; so that we may all give a +good account of what was commanded us, which we should do now, for +we know the intent of the Portuguese, and what they wish or show +that they wish; and are about to come to certain conclusions with +them. And especially since a fortnight has passed since I proposed +this doubt to your graces by word and writing, it is to be supposed +that you will have come to a decision regarding it; and in closing +I beg that a definite decision be rendered in the case. + +Don Hernando Colon. + +[The official recognition of the notary dated Wednesday, April 27, +1524 follows.] + + + + +Letters from the Emperor to the Deputies Appointed to Treat of the +Ownership of the Malucos in the Junta of Badajoz + + +[The first letter is an open proclamation and order to the "Council, +court, _regidores,_ [192] knights, squires, officials, and good +people of the city of Badajoz." The King announces that he is sending +"to this said city the licentiates de Acuña, of my Council; the +licentiate Pedro Manuel, auditor of our audiencia of Valladolid; +the licentiate Barrientos, of my Council of Las Ordenes," [193] +Don Hernando Colon, Simon de Alcazaba, other astrologers, pilots, +and other lawyers and persons, who are to investigate, in our name, +the demarcation, with other deputies and representatives of the most +serene and excellent King of Portugal." He orders that the utmost +hospitality be extended to those representatives. They must be given +free and (not in inns) good lodging. No overcharges must be made +in food and other necessities, and they must not be bothered with +noises or questionings. All courtesy must likewise be extended to +"the ambassadors of the said most serene King ... as it is proper in +a matter of such import to these kingdoms, that I should receive from +you courteous behavior." Vitoria, March 8, 1524.] + +[In accordance with the terms of the treaty negotiated in Vitoria, +February 19, 1524, (_q.v._. above) which make it incumbent upon the +king to appoint "a notary before whom, together with another notary +appointed by the said most serene King of Portugal the said case and +all its proceedings must be conducted," Bartolomé Ruiz de Castañeda is +appointed "as notary for our side, so that, together with him who shall +be appointed by the said most serene King of Portugal, you may inquire +into it, and all the proceedings shall be conducted in your presence, +and you shall do whatever else, in accordance with the above compact, +that is necessary," Búrgos, March 20, 1854.] + +[Two letters follow, both bearing the date, March 21, 1524, and sent +from Búrgos. The first is addressed to the licentiates Acuña, Pedro +Manuel, and Barrientos "our deputies." The second is to Hernando Colon, +Simon de Alacazaba, Doctor Salaya, Pero Ruiz de Villegas, Fray Tomás +Duran, and Captain Juan Sebastian [del Cano], "our astrologers and +pilots." Each letter contains the following injunction, couched in +the same words:] + +Inasmuch as, as you will understand, this matter that you are to +examine and determine is of so great caliber and import to us and the +good of these kingdoms, that it should be considered with great care +and vigilance, and that in the determination of it, there should +be great moderation and discretion; and inasmuch as there should +be no want of harmony among yourselves, I charge and order you that +before conferring with the deputies of the said most serene King of +Portugal, that you shall have discussed and conferred on the matter +among yourselves, so that you may take a common resolution as to what +you shall answer or plead in our favor, and so that you may all speak +with one mouth. + +[The second letter contains the additional injunction:] + +And in order that you may be better informed, you shall always +listen to the opinions and arguments of our astrologers and pilots, +and others, who by our command, accompany you for the purpose of +informing you as to our rights, in order that everything might be +done in a suitable manner. And it will be advisable for you to hold +discussions with the licentiates Acuña and Pedro Manuel, and the +licentiate Hernando de Barrientos, our deputies, as often as possible, +so that all that should be done for our service and the good of the +said negotiation be done better and unanimously. + +[A letter from Búrgos, April 10, 1524, and addressed to the licentiates +Acuña, Pedro Manuel, and Hernando de Barrientos, states that the +King of Portugal has requested the removal of "one of our deputies, +the astrologer Simon de Alcazaba, as he was formerly a vassal and is +a native of that kingdom (Portugal)," as he is suspicious of him; and +that another be appointed in his stead. Accordingly Cárlos appoints +one master Alcarez, although declaring that Alcazaba entered his +service with the knowledge and consent of the Portuguese monarch. This +change goes into effect provided that no former Spanish subjects be +appointed on the commission by the King of Portugal. It is reported +that two Spaniards--the bachelor Maldonado, who fled from Spain for +various offenses, and Bernardo Perez, a citizen of Noya, kingdom of +Galicia--had been appointed by the latter. Should these be retained, +or should other former vassals of Spain be appointed, then "the said +Simon de Alcazaba shall enjoy what was committed to him, until as +abovesaid, both the above-mentioned men be removed and displaced, +or whichever of them is appointed, or any one else, who may be our +vassal, subject, or native of our kingdoms." + +[On the same date the King writes to the same licentiates as follows:] + +I have your letter of the sixth instant, and your memoranda of your +doubts since your meeting and conference with the deputies of the +most serene and excellent King of Portugal, our very dear and beloved +cousin, and you have done well in advising me of it. + +As to what you say about having difficulty in the place where you +must meet for your investigations in the determination of this matter, +for the reason that no place on the boundary line is suitable for it; +and because, as you have seen by the compact negotiated in Vitoria, +the stipulation was relaxed so that the meeting might take place +wherever agreed upon between yourselves and the deputies of the +most serene King of Portugal, therefore you may agree, as you say, +to remain there in Badajoz one week, or what time you determine, +and an equal period in Yelves, in order that you may be well lodged +and have a good meeting place. You do well in wishing that the first +meeting be held there in Badajoz, since it is not to be believed that +the deputies of the most serene King, my cousin, will wish any thing +else or oppose any objection, nor should you consent to anything else. + +As to the departure of Simon de Alcazaba, he will have arrived already, +for this post brought news hither that the day of its arrival here, +he would have arrived there in Badajoz. Therefore the negotiations +will not be delayed on his account. + +As to what you say about the astrologers, pilots, and other persons +whom we sent thither to furnish reasons and information concerning our +right, namely, that, because they were not named on the commission, +our astrologers and pilots who were appointed as deputies, will not +receive them in their assembly as not bearing our special writ of +appointment, I am much surprised, for it was here repeated again +and again that they must summon to their council all those going +thither at our command for the above said purpose, and they must +confer with them and discuss with them concerning the demarcation; +for otherwise their being there was useless. I am sending orders to +these deputies to the effect that from this moment they do this. And +I therefore order you to give them my letter, and to see to it that +whenever the said pilots and astrologers shall meet to discuss and +confer in regard to the matter committed to them that they summon to +their council all those who are there at my behest, to wit, Master +Alcarez, the bachelor Tarragona, our chief pilot, the other pilots +of the India House of Trade, [194] and Diego Rivero; and that they +confer with and discuss with them everything necessary for their +information and the elucidation of our right; they shall always be +careful to preserve a mutual harmony, as I now recommend to you. + +In regard to your lodging, I am giving orders to the _corregidor_ +[195] that he look after the same and provide the rooms. You shall be +careful that whenever the deputies of my cousin, the most serene King, +shall come there, that they be well lodged and treated as is fitting. + +This post brings the moneys asked for by the treasurer for the payment +of the witnesses there at Badajoz, and if more are necessary, they +will be sent. + +I will have the bulls and other documents favoring our rights that +you ask for, looked up, and will send them to you. Likewise I will +have secured the hydrographical maps of which you say you have been +advised, and which are in the possession of Francisco de Lerma, an +inhabitant of this city, and the one that the pilot Estéban Gomez gave +to Colonel Espinosa. These latter I shall send by another messenger, +for this one does not take them, in order not to be detained. + +I have ordered sent you with the present letter the copy of the letter +you mention that I wrote to my ambassador in Portugal, and in which +I give the reasons for our right, and reply to the reasons brought +forward on the side of the most serene King. [196] + +This mail bears a packet of letters written by the ambassadors +of the most serene and excellent King, my cousin, residing at my +court, to the licentiate Antonio de Acevedo, his chief magistrate, +or to whatever other such official resides in the city of Yelves as +his deputy. As it is a thing which concerns this negotiation in my +service, as soon as this post arrives, you are to give or send this +packet to him with all care, and you shall make him certify that it +has been delivered to him, and shall send me the certification. + +[The letter closes with the king prescribing the order in which the +deputies shall be seated at their general councils.] + + +[Another letter of the same date as the preceding commands the +astrologers and pilots named as deputies to summon to their councils +those who, though not named on the commission are there to give their +opinion and advice. They are commanded "whenever you assemble among +yourselves to consider and discuss regarding this matter, you shall +summon the persons above named, and shall discuss and confer with +them, and shall listen to their words and opinions, and after having +heard all of them, according to this order, you shall determine what +you shall reply or plead when you meet with the deputies of the most +serene and excellent King of Portugal, my cousin, and you shall always +advise me fully of every thing that happens."] + +The King. Licentiates Acuña, of my Council, Pedro Manuel, auditor of +Valladolid, and Licentiate Barrientos, of my council of Las Ordenes, +our commissaries in the city of Badajoz, investigating the affair +of the Spice Islands: I saw your letter, and the records and papers +you sent me of what occurred there in regard to the possession of +the Maluco islands, at which proceedings you were present; also in +what shape affairs are at present, and the manner in which you have +managed them. My Council of the Indies has discussed it, and consulted +with me regarding it. What you have done seems good, and as was to +be expected from your learning and prudence. And inasmuch as I have +ordered a full reply to be made in regard to the matters upon which you +have consulted me, as you will see by the memorandum accompanying this +letter, signed by my grand chancellor, I therefore command and charge +you to examine it, and in accordance with it direct affairs, so that, +so far as we are concerned, it will be evident that nothing remains to +be done for the fulfilment of what we agreed upon. You must accomplish +this secretly and in the good manner I expect from you. You shall +give a very secret account of everything to the licentiate de Pisa. + +I am writing to our deputies--the astrologers and pilots--to place +entire confidence in you. You shall discuss with them in the best and +most reserved manner possible what pertains to them in accordance with +the section of the said memorandum that treats of the demarcation, +and in regard to the advices given by Don Hernando on the true +understanding of the treaty. Búrgos, May 7, 1524. I the King. By +command of his Majesty: Francisco de los Cobos. + + +The King. Our deputies in the city of Badajoz, who are considering the +demarcation: I saw what you wrote me, and am pleased with you. I hold +in mind all you say, which is as I expected from you. And inasmuch +as I am writing fully to the licentiates Acuña, Pedro Manuel, and +Barrientos, our commissaries, who will discuss with you in my behalf +what you should know of it; therefore I command and charge you that, +placing entire faith and credence in them, you shall execute this as +I wish, and that you shall in all this business have the watchfulness +I expect from you, so that the said demarcation be established justly +and truly. Búrgos, May 7, 1524. I the King. By command of his Majesty: +Francisco de los Cobos. + + + + +The Treaty of Zaragoza + + +[This treaty was negotiated at Zaragoza (Saragossa) between the +representatives of the Spanish and Portuguese monarchs, and signed +by them April 22, 1529. It was ratified the following day by Cárlos +I at Lerida, and by João III, at Lisboa (Lisbon), June 20, 1530. The +usual letters of authorization precede the treaty proper, the Spanish +letter being given at Zaragoza, April 15, 1529, and the Portuguese +at Lisboa, October 18, 1528. The Spanish deputies were: Mercurio de +Gatinara, count of Gatinara, and grand chancellor; Fray García de +Loaysa, [197] bishop of Osma and confessor of the emperor; and Fray +García de Padilla, commander-in-chief of the order of Calatrava, +[198] all three members of the emperor's council. The Portuguese +deputy was the licentiate Antonio de Azevedo _coutiño_, member of +the Portuguese council and the King's ambassador. The treaty follows:] + +After said authorizations were presented by the said representatives +it was declared that: inasmuch as there existed a doubt between +the said Emperor and King of Castilla, etc., and the said King of +Portugal, etc., concerning the ownership, possession, and rights, +or possession or quasi possession, navigation, and trade of Maluquo +and other islands and seas, which each one of the said lords, the +emperor and king of Castilla and the King of Portugal declares as his, +both by virtue of the treaties made by the most exalted, powerful, and +Catholic sovereigns, Don Fernando and Doña Isabel, rulers of Castilla, +grandparents of the said emperor and the King, Don Joam the Second +of Portugal (may they rest in glory) about the demarcation of the +Ocean Sea and by virtue of other rights and privileges which each +one of the said emperor and monarchs asserts to belong and pertain +to said islands, seas, and lands belonging to him of which he is in +possession; and inasmuch as the said emperor and monarchs considering +the very close relationship and great affection existing between them, +and which, not only should very rightly be preserved, but as far +as possible be increased; and in order to free themselves from the +doubts, complaints, and disputes that might arise between them, and +the many troubles that might ensue among their vassals and subjects +and the natives of their kingdoms; the said emperor and monarchs and +the said attorneys acting in their names, have covenanted and agreed +as to the said doubts and disputes in the following form and manner: + +First, the said grand chancellor, the bishop of Osma and the +commander-in-chief of Calatrava, attorneys of the said emperor and +sovereign of Castilla declared that they, in his name, and by virtue +of their said power of attorney would sell and in fact did sell from +this day and for all time, to the said King of Portugal, for him and +all the successors to the crown of his kingdoms, all right, action, +dominion, ownership, and possession or quasi possession, and all +rights of navigation, traffic, and trade in any manner whatsoever; +that the said emperor and king of Castilla declares that he holds and +could hold howsoever and in whatsoever manner in the said Maluquo, +the islands, places, lands, and seas, as will be declared hereafter; +this, with the declarations, limitations, conditions, and clauses +contained and stated hereunder for the sum of three hundred and fifty +thousand ducats of gold, paid in the current money, of gold or silver, +each ducat being valued in Castilla at three hundred and seventy-five +maravedis. The said King of Portugal will give and pay this amount to +the said emperor and king of Castilla, and to the persons whom his +majesty may appoint, in the following manner: one hundred and fifty +thousand ducats to be paid at Lixbona, within the first fifteen or +twenty days after this contract, confirmed by the said emperor and +king of Castilla, shall have arrived at the city of Lixboa, or wherever +the said King of Portugal may be; thirty thousand ducats to be paid in +Castilla--twenty thousand at Valhadolid and ten thousand at Sevilla, +by the twentieth day of the month of May of this present year; seventy +thousand ducats to be paid in Castilla at the May fair of Medina del +Campo of this same year, at the terms of the payments of said fair; +[199] and the hundred thousand ducats remaining at the October fair +at the said town of Medina del Campo of this same year, at the terms +of the payment of the same--all to be paid over and above the rate of +exchange. If necessary, notes will be given for the said time; and, +if said emperor and King of Castilla wishes to take in exchange the +said hundred thousand ducats at the said May fair of this said year +in order to avail himself of their use, he shall pay the said King +of Portugal exchange at the rate of five or six per cent, the rate +which his treasurer, Hernand Alvarez, is accustomed to exact from fair +to fair. The aforesaid sale is made by the said emperor and king of +Castilla to the said King of Portugal on condition that, at whatever +time the said emperor and king of Castilla or his successors, should +wish to return, and should return, all of the said three hundred +and fifty thousand ducats without any shortage to the said King of +Portugal or his successors, the said sale becomes null and void and +each one of the said sovereigns shall enjoy the right and authority +which he now holds and claims to hold, both as regards the right of +possession or quasi possession, and as regards the proprietorship, +howsoever and in whatever manner they belong to him, as if this +contract were not made, and in the manner in which they first held +possession and claimed to hold it, and this contract shall cause no +prejudice or innovation. _Item_: It is covenanted and agreed by the +said attorneys, in the names of their said constituents, that, in order +to ascertain what islands, places, lands, seas, and their rights and +jurisdiction, are sold, henceforth and forever, by the said emperor +and king of Castilla, by this contract under the aforesaid condition, +to the said King of Portugal, a line must be determined from pole to +pole, that is to say, from north to south, by a semicircle extending +northeast by east nineteen degrees from Maluquo, to which number +of degrees correspond almost seventeen degrees on the equinoctial, +amounting to two hundred and ninety-seven and one-half leagues east of +the islands of Maluquo, allowing seventeen and one-half leagues to an +equinoctial degree. In this northeast by east meridian and direction +are situated the islands of Las Velas and of Santo Thome, through +which the said line and semicircle passes. Since these islands are +situated and are distant from Maluquo the said distance, more or less, +the deputies determine and agree that the said line be drawn at the +said two hundred and ninety-seven and one-half leagues to the east, +the equivalent of the nineteen degrees northeast by east from the said +islands of Maluquo, as aforesaid. The said deputies declare that, in +order to ascertain where the said line should be drawn, two charts of +the same tenor be made, conformable to the chart in the India House +of Trade at Sevilha, and by which the fleets, vassals and subjects +of the said emperor and king of Castilla navigate. Within thirty +days from the date of this contract two persons shall be appointed +by each side to examine the aforesaid chart and make the two copies +aforesaid conformable to it. In them the said line shall be drawn in +the manner aforesaid; and they shall be signed by the said sovereigns, +and sealed with their seals, so that each one will keep his own chart; +and the said line shall remain fixed henceforth at the point and place +so designated. This chart shall also designate the spot in which the +said vassals of the said emperor and king of Castilla shall situate +and locate Maluquo, which during the time of this contract shall be +regarded as situated in such place, although in truth it is situated +more or less distance eastward from the place that is designated in +the said charts. The seventeen degrees eastward shall be drawn from +the point where Maluquo is situated in said charts. For the good of +this contract the said King of Portugal must have said chart, and in +case the aforesaid be not found in the House of Trade of Sevilha, +the said persons appointed by the said sovereigns shall make said +charts within one month, signed and sealed as aforesaid. Furthermore +navigation charts shall be made by them, in which the said line shall +be drawn in the manner aforesaid, so that henceforth the said vassals, +natives, and subjects of the said emperor and king of Castilla shall +navigate by them; and so that the navigators of either pa shall be +certain of the location of the said line and of the aforesaid distance +of the two hundred and ninety-seven and one-half leagues between the +said line and Maluquo. + +It is covenanted and agreed by the said deputies that, whenever +the said King of Portugal should wish to prove his right to the +proprietorship of Maluco, and the lands and seas specified in this +contract, and although at that time the said emperor and king of +Castilla shall not have returned the price abovesaid, nor the said +contract be canceled, it shall be done in the following manner, namely, +each one of the said sovereigns shall appoint three astrologers +and three pilots or three mariners who are experts in navigation, +who shall assemble at a place on the frontier between the kingdoms, +where it shall be agreed that they assemble, within four months of the +time when the emperor and king of Castilla, or his successors, shall +be notified by the said King of Portugal to appoint a day. There they +will consult, covenant, and agree upon the manner of ascertaining the +right of said proprietorship conformable to said treaty and contract +made between the said Catholic sovereigns, Don Fernando and Doña +Isabel, and the said King Dom Joam the Second of Portugal. In case +the said emperor and king of Castilla be judged to have the right +of said proprietorship, such sentence will not be executed nor used +until the said emperor and king of Castilla or his successors shall +first have actually returned all the said three hundred and fifty +thousand ducats, which by virtue of this contract shall have been +given. If the right of proprietorship be conceded to the said King +of Portugal, the said emperor and king of Castilla or his successors +shall be obliged actually to return the said three hundred and fifty +thousand ducats to said King of Portugal or his successors within +the first four years ensuing after the date of such sentence. + +_Item_: It was covenanted and agreed by said deputies, in the names +of their said constituents, that, since this contract of sale shall +be valid and hold good henceforth from date, if any spices or drugs +of any sort whatever be brought to any ports or parts of the kingdoms +and seigniories of either of the said constituents, in charge of the +vassals, subjects or natives of the kingdoms of the said emperor and +king of Castilla or by any other persons whomsoever who may not be +vassals, subjects, or natives of said kingdoms, then the said emperor +and king of Castilla in his kingdoms and seigniories, and the said King +of Portugal in his, shall be obliged to order and cause, and they shall +order and cause, the said spices or drugs to be deposited securely, +without him to whose kingdom they have been brought being so notified +to do so by the other side; but they shall be deposited in the name +of both, in the power of the person or persons whom each one of the +said sovereigns shall have ordered to take charge of said deposit +in his lands and seigniories. The said sovereigns shall be obliged +to order and cause such deposit to be made in the manner abovesaid, +whether the said spices or drugs are found in the possession of those +who brought them, or in the power of any other person or persons, in +whatsoever regions or districts they shall have been found. The said +emperor and kings shall be obliged to give notification to this effect +henceforth throughout all their kingdoms and seigniories, so that these +instructions may be complied with and no one may plead ignorance of +them. The said spices or drugs having been taken to any ports or lands +that do not belong to either one of said sovereigns, provided they are +not those of enemies, either one of them, by virtue of this contract, +may require, in the name of both, and without showing any further +provision or power of the other to the justice of the kingdoms and +seigniories where said drugs or spices happen to be or to have been +found, and they may order them to be deposited, and they shall be +deposited. In whatsoever ports said drugs or spices are thus found, +they will be under embargo and deposited by both until it is known from +whese demarcation they were taken. In order to ascertain if the places +and lands from which the said spices or drugs are taken and brought, +fall within the demarcation and limits which by this contract remain +to the said King of Castilla, and if they contain the said spices or +drugs, the said emperor and kings shall despatch two or four ships, +an equal number being sent by both. In these an equal number of persons +from both sides, sworn to fulfil their obligation, will sail to those +places and lands whence the said spices or drugs were said to have +been taken and brought in order to ascertain and determine within +whose demarcation are situated the said lands and places whence the +said spices or drugs are said to have been brought. Should it be found +that said places and lands are within the demarcation of the said +emperor and king of Castilla, that the said spices and drugs exist +there in such quantity that they could reasonably be carried away; +then the said deposit shall be given up and freely delivered to the +said emperor and king of Castilla, without his being obliged to pay +any costs, expenses, interests, or any other thing. If, on the other +hand, it be discovered that said drugs or spices were taken from the +districts and lands belonging to the said King of Portugal, the said +deposit shall be ceded and delivered in like manner to the said King +of Portugal without his being obliged to pay any costs, expenses, +interests, nor anything whatsoever. The persons who thus imported said +drugs or spices shall be penalized and punished by the said emperor and +king of Castilla or by his justices, as violators of peace and faith, +according to law. Each one of the aforesaid, the emperor and king of +Castilla and the King of Portugal, shall be obliged to send as many +ships and persons as may be required by the other. As soon as the +said spices or drugs shall be deposited and placed under embargo in +the manner aforesaid, neither the said emperor and king of Castilla, +nor his agents, nor any one with his favor or consent, shall go or +send to the said land or lands whence were taken the said drugs or +spices in this manner. All that is set forth in this section about +the deposit of the spices or drugs, shall not be understood to refer +to the spices or drugs which may come to any places whatsoever for +the said King of Portugal. + +_Item_: It is covenanted and agreed, that, in all the islands, lands, +and seas within the said line, the vessels and people of the said +emperor and king of Castilla or of his subjects, vassals or natives of +his kingdom, or any others (although these latter be not his subjects, +vassals, or natives of his kingdoms) shall not, with or without his +command, consent, favor, and aid, enter, navigate, barter, traffic, +or take on board anything whatsoever that may be in said islands, +lands, or seas. Whosoever shall henceforth violate any of the aforesaid +provisions, or who shall be found within said line, shall be seized by +any captain, captains, or people of the said King of Portugal and shall +be tried, chastised and punished by the said captains, as privateers +and violators of the peace. Should they not be found inside of said +line by the said captains or people of the said King of Portugal and +should come to any port, land, or seigniory whatsoever of the said +emperor and king of Castilla, the said emperor and king of Castilla, +by his justices in that place, shall be obliged and bound to take +and hold them. In the meantime the warrants and examinations proving +their guilt in each of the abovesaid things, shall be sent by the said +King of Portugal, or by his justices, and they shall be punished and +chastised exactly as evil-doers and violators of the peace and faith. + +_Item_: It is covenanted and agreed by said deputies that the said +emperor and king of Castilla shall not, personally or through an +agent, send the natives of his kingdoms, his vassals, subjects, or +aliens (and although these latter be not natives of his kingdoms, +or his vassals or subjects), to the said islands, lands, and seas +within said line, nor shall he consent nor give them aid or favor +or permit them to go there, contrary to the form and determination +of this contract. Rather he shall be obliged to forbid, suppress, +and prevent it as much as possible. Should the said emperor and +king of Castilla, personally or through an agent, send natives of +his kingdoms, or his vassals, subjects or aliens (although these +latter be not natives of his kingdoms, or his vassals or subjects), +to the said islands, lands, or seas within the said line or consent +to such a thing, giving them aid, or favor, or permitting them to +go contrary to the form and determination of this contract; and +should he not forbid, suppress, or prevent it, as much as possible, +the said agreement of _retro vedendo_ becomes null and void; and the +said King of Portugal shall no longer be obliged to receive the said +sum, nor to sell back the rights and dominion which the said emperor +and king of Castilla might have therein in any manner whatsoever, +but which he has sold, renounced and delivered to the said King +of Portugal by virtue of this contract, by this very act, the said +sale shall remain complete and valid forever, as if at first it were +made without condition and agreement to sell back. However, since +it may happen that, when the aforesaid subjects, natives, or vassals +of the said emperor and king of Castilla navigating as aforesaid in +the southern seas, should meet with winds so tempestuous or contrary +that they would be constrained by necessity to continue their course +and navigation within the said line, they shall in such case incur no +penalty whatever. On the contrary, when, in such circumstances, they +shall come to and anchor at any land included within the said line, +pertaining by virtue of this contract to the said King of Portugal, +they shall be treated by his subjects, vassals, and inhabitants of +said land as the vassals of his brother, as in the same manner the +emperor and king of Castilla would command the Portuguese subjects to +be treated who should in like manner arrive at ports in his lands of +Nueva España or in any other of his ports. It is understood, however, +that, when such necessity ceases, they shall immediately set sail +and return to their part of the southern seas. Should the aforesaid +subjects cross said line through ignorance, it is herein covenanted and +agreed that they shall incur on that account no penalty whatsoever, +and as long as it is not fully evident that they know themselves to +be within the said line, they shall not turn about and go outside of +it, as is covenanted and agreed in case of entering on account of +tempestuous and contrary winds or necessity. But, when such a fact +is quite evident, if it shall be proved that they have entered the +line maliciously, they shall be punished and dealt with as those +who shall enter the line as aforesaid and as is set forth in this +contract. Should the aforesaid discover any islands or lands, while +navigating within the said line, such islands or lands shall belong +freely and actually to the said King of Portugal and his successors, +as if they were discovered, found, and taken possession of by his own +captains and vassals, at such time. It is covenanted and agreed by said +deputies that the ships and vessels of the said emperor and king of +Castilla and those of his subjects, vassals, and the natives of his +kingdoms, may navigate and pass through the seas of the said King of +Portugal, whence his fleets sail for India, only as much as may be +necessary to take a due course toward the strait of Magalhanes. And +if they violate the abovesaid, and sail farther over the said seas +of the said King of Portugal than is mentioned above, both the said +emperor and king of Castilla, if it is proved that they did it by +his order, countenance, aid, or consent, and those sailing in this +manner and violating the abovesaid, shall incur the above penalties, +in the completeness set forth above in this contract. + +_Item_: It was covenanted and agreed that if any of the subjects of +the said emperor and king of Castilla or any others shall henceforth +be seized and found within the said limits above declared, they shall +be imprisoned by any captain, captains, or subjects whatsoever of the +said King of Portugal and shall be tried, chastised, and punished +as privateers, violators, and disturbers of the peace by the said +captains. Should they not be discovered within the said line, and +should afterwards come to any port whatever of the said emperor and +king of Castilla, his majesty and his justices shall be obliged to +seize and imprison them, until the warrants and testimonies sent by the +said King of Portugal, or his justices, shall have been presented. If +proved guilty of the aforesaid offenses they shall be punished and +chastised to the limit as evil-doers and violators of the faith and +peace, and of everything else set forth in this contract in regard to +the crossing of said line by any subjects of the said emperor and king +of Castilla, or any others by his command, consent, favor, or aid. It +is understood that these penalties shall apply from the day when the +subjects and people of the said Emperor now in and navigating those +seas and regions shall be notified. Before such notification they +shall not incur said penalties. It is to be understood, however, that +the aforesaid refers to the people of the fleets of the said Emperor, +which have until now gone to those parts and that no others be sent +without incurring said penalties from the day of the signing of this +contract, and henceforth during the time that the said sale be not +canceled in the aforesaid manner. + +_Item_: It was covenanted and agreed by the said deputies that the +said King of Portugal shall not build nor order built for himself, +or any other, any new fortress whatever in Maluco, nor within twenty +leagues of it, nor any nearer Maluco than the line which is to be +drawn according to this contract. It is covenanted unanimously by the +said deputies of both sides that this provision shall take effect, +namely, from the time that the said King of Portugal can send there +a notification to make no new fortress whatever; that is to say, in +the first fleet which shall sail for India from the said kingdom of +Portugal, after this contract shall have been confirmed and approved +by the said constituents, and sealed with their seals. There shall be +no new work whatsoever undertaken on the fortress which is already +built at Maluquo, from the said time henceforth; it shall only be +repaired and kept in the same condition in which it may be at the +aforesaid time, if the said King of Portugal so desires; to the above +he shall swear and promise full compliance. + +_Item_: It was covenanted and agreed that the fleets, which heretofore +have been despatched to those regions by the said emperor and king of +Castilla, be well treated in every way, by the said King of Portugal +and his people; and that no embargo or obstacle to their navigation or +traffic be imposed upon them. If there should be any damage, which is +not looked for however, which they shall have received or shall receive +from his captains or people, or shall anything have been seized from +them, the said King of Portugal shall be obliged to give satisfaction, +restore, make good and pay immediately all such damages suffered by +the said emperor and king of Castilla, and his subjects and fleets; +he shall order the offenders to be punished and chastised and he shall +allow the fleets and people of the said emperor and king of Castilla +to come and go as they please, freely without any obstacle whatever. + +_Item_: It is covenanted that the said emperor and king of Castilla +command letters and instructions to be given immediately to his +captains and subjects who are in the said islands that they do no more +trading henceforth and return at once, provided that they be allowed +to bring freely whatever goods they shall have already bartered, +traded, and taken on board. + +_Item_: It is covenanted, agreed, and provided that in the instructions +and letters relating to this covenant and contract, which are to +be given and despatched by the said emperor and king of Castilla, +it shall declare that this statement, instruction, and contract as +above made is as binding as though it were made and passed in the +general courts, with the express consent of the attorneys thereof; +and to make it valid by his royal and absolute power, which, as king +and natural lord, recognizing no temporal superior, he may exercise and +shall exercise, abrogate, abolish, repeal, and annul the supplication +made by the attorneys of the cities and towns of these kingdoms at +the court held in the city of Toledo, in the past year, five hundred +and twenty-five, concerning the trade of the said islands and lands, +the reply given to it, and any law that was made on this subject in +the said courts or in any others that may conflict with this. + +_Item_: It is hereby covenanted that the said King of Portugal promises +to command manifest, sincere, and summary justice to be executed, +because certain subjects of the said emperor and king of Castilla and +other aliens of his kingdoms who entered his service complain that +their possessions have been seized by his House of Trade in India +and in his kingdoms, without any respect to the annoyance caused +them thereby, because they have entered the service and did serve +the said Emperor. + +_Item_: It was covenanted and agreed by the said deputies in the +names of their said constituents that the treaties negotiated between +the said Catholic sovereigns, Don Fernando and Doña Ysabel and the +King Dom Joam the Second of Portugal in regard to the demarcation of +the Ocean Sea shall remain valid and binding _in toto_ and in every +particular, as is therein contained and declared, excepting those +things which are otherwise covenanted and agreed upon in this contract +In case the said emperor and king of Castilla returns the sum which +according to this contract is to be given in the manner aforesaid, +thus canceling the sale, the said treaties negotiated between the said +Catholic sovereigns Don Fernando and Doña Ysabel and the said King Dom +Joam the Second of Portugal, shall remain in full force and power, +as if this contract were not made; and the said constituents shall +be obliged to comply with it in every respect, as is therein stated. + +_Item_: It is covenanted and agreed by the said attorneys that +although the rights and dominion which the said emperor and king +of Castilla claims to possess in the said lands, districts, seas, +and islands and which he sells to the said King of Portugal in the +manner abovesaid are worth more than half of the just price given, and +the said emperor and king of Castilla has certain definite knowledge +through exact information of persons who are experts on the subject, +and who have investigated and ascertained definitely, that said rights +are of much greater value and worth, more than half of the just price +that the said King of Portugal gives to the said emperor and king of +Castilla he is pleased to make him a gift of it, as he does in fact, +which from the said day henceforth shall be valid between the living, +of the said excess in value above the half of the just price, however +great that excess may be. This excess in value above the half of +the just price, the said emperor and king of Castilla relinquishes +for himself and his successors, and disunites the same from the royal +crown of his kingdoms forever, and delivers it entire to the said King +of Portugal, to him and to his successors and crown of his kingdoms, +really and effectually, in the aforesaid manner, and during the time +of this contract. + +[The treaty provides further that he who may violate its provisions in +any way, shall lose all his rights therein, and shall in addition pay +a fine of two hundred thousand ducats to the other. The Pope is to be +asked to confirm it by a bull, imposing the penalty of excommunication +for its violation. The deputies promise most fully and under oath +that their respective constituents shall observe all the provisions.] + + + + +Papal Bull, _Eximiæ_ + + +November 16, 1501 + +_Source_: See Bibliographical Data at end of this volume. + +_Translation_: By Rev. Thomas Cooke Middleton, O.S.A. + + + + +Bull, _Eximiæ_--November 16, 1501 + + +Alexander, bishop, servant of the servants of God: to the Catholic +sovereigns of Spain--Ferdinand the king, dearest son in Christ, and +to Elizabeth [Isabella] the queen, dearest daughter in Christ, health +and Apostolic blessing. The sincerity of your great devotion and the +unswerving faith with which you honor us and the Roman Church merit, +and not unworthily, that your wishes, especially those relating to +the spread of the Catholic faith, and the overthrow of infidel and +barbarous nations, should be freely and promptly granted. Indeed, +on your behalf, a petition recently laid before us set forth that, +impelled by pious devotion for the spread of the Catholic faith, +you greatly desire--inasmuch as quite recently, and not without +great expense and effort on your part, you began and from day to day +continue to do more toward the capture and recovery of the islands +and regions of the Indies, to the end that in those lands wherever +any accursed belief obtains, the Most High should be worshiped and +revered; and inasmuch as for the recovery of the islands and regions +aforesaid, it will be incumbent upon you to incur heavy expenses and +undergo great perils, it is expedient that for the conservation and +maintenance of the said islands, after their capture and recovery +by you, and for the defraying of the expenses necessary for the +conservation and maintenance of the same,--you should be empowered +to exact and levy tithes [200] on the inhabitants of the aforesaid +islands and dwellers therein for the time being. On this account +we have been humbly petitioned on your behalf to deign through our +apostolic graciousness to make in the premises suitable provision for +you and your state. Therefore yearning most eagerly for the spread +and increase of that same faith particularly in our own days, we +commend in the Lord your loving and praiseworthy purpose, and being +favorably disposed thereto we hereby through our apostolic power in +virtue of these presents do as a special favor grant to you and your +successors for the time being that in the aforesaid islands after their +capture and recovery (as observed) you may receive a tithe from the +inhabitants thereof and the dwellers therein for the time being, and +levy the same freely and lawfully, providing after dioceses shall there +be established (whereon we charge your consciences as well as your +successors'), you first from your own and their estate shall really +and effectively devise a sufficient revenue for the establishment of +churches in those islands through you and your aforesaid successors, +whereby the incumbents of the same and their administrators may +support themselves suitably, carry on the necessary work of those +churches for the time being, as well as celebrate rightly the divine +worship of Almighty God, and fulfil all diocesan requirements. The +Lateran Council, other apostolic constitutions and ordinances or other +decrees, to the contrary notwithstanding. Let no one then infringe this +our grant, nor dare with rashness to contravene its provisions. But +should any one presume to set it at naught, let him recognize that +he has thereby incurred the displeasure of Almighty God, and of the +Blessed Apostles Peter and Paul. Given at Rome at St. Peter's, in the +year of the incarnation of our Lord one thousand five hundred and one, +the sixteenth day of November, the tenth year of our Pontificate. + +[The signatures and authorizations follow.] + + + + +Life and Voyage of Fernão de Magalhães--1518-27 + + + +[Résumé of contemporaneous documents--1518-27.] +Letter of authorization to Falero and Magallánes--March 22, 1518. +*Carta de el-rei de Castella para El-rei D. Manuel--February 28, 1519. +Instructions to Juan de Cartagena--April 6, 1519. +*Carta de rei de Castella a Fernando de Magalhães e a Ruy Falero--April +19, 1519. +*Extracto de una carta de las Indias--1522. +De Molvccis Insulis: Maximilianus Transylvanus--1523. + + +_Sources_: See Bibliographical Data at end of this volume. + +_Translations_: The first and the fifth of these documents are +translated by James A. Robertson; the second and fourth by José +M. Asensio; the third by Francis W. Snow; the sixth by Frederic +W. Morrison; for the last, we use the translation made by the late +Henry Stevens (published in his _Johann Schöner_.) + +* Documents marked by an asterisk are here presented in both the +original text and English translation. + + + + +Resume of Contemporaneous Documents--1518-27 + + +[_Prefatory Note_: The scope of the present series does not demand the +publication _in extenso_ of many documents on this subject. Those who +wish to study it in detail will find abundant material in volume iv +of the _Coleccion de viages_ published by Navarrete (Madrid, 1829); +we present only a brief resumé of these documents, inserted here to +preserve the continuity of our narrative, and to indicate to students +the extent and scope of such material. [201] + +Navarrete precedes these documents by a brief and somewhat imperfect +summary of early discoveries; a biographical sketch of Magalhães, +with proofs, citations, etc., by way of authentication thereof--these +citations being drawn from the authors Fray Antonio de San Roman, +Herrera, Gomara, Muñoz, Quintana, Barros, Maximilianus Transylvanus, +Argensola, and others; a letter by Ruy Falero; extract from Magalhães's +will; [202] a memorandum addressed by him to the emperor; [203] and +a compilation from early authors and from the documents that follow, +giving full citations of authorities. The documents here mentioned +are given by Navarrete in the appendix to volume iv, at pp. 110-406; +some of them have been already presented in connection with the Line +of Demarcation.] + +Valladolid, February 23, 1518. Rui Faller (Ruy Falero) and Fernando +Magallánes, [204] both Portuguese, bind themselves to deliver to +the factor of the India House of Trade at Seville the eighth part +of everything they may find in their discoveries in the spice +regions. This is promised in the following words: "Know all ye +who shall see this public testament that we, Rui Faller, citizen +of Cunilla, in the kingdom of Portugal, and Fernando de Magallánes, +citizen of the city of Puerto [Oporto], in the same kingdom, consent, +make manifest, and declare that, inasmuch as it has been agreed +between us, as parties of the first part, and you, Juan de Aranda, +Factor for the King, our Lord, and citizen of the city of Burgos, in +the House of Trade of the Indies of the city of Sevilla, as party of +the second part, that of all gain and income pertaining to us from the +discovery of lands and islands (which if God wills we are to discover +and find in the lands, limits, and demarcations of our Master the +King, Don Cárlos) you shall have the eighth part. And we shall give +this to you from all the income and gain accruing to us therefrom, +whether in money, allotment, or rent, or by virtue of our office, or +in anything else whatever, of whatever quantity and quality, without +any shortage, and without deducting or excepting anything whatever +of our possessions." They promise this in extended terms and under +oath. The factor approves the document and promises to abide by all +its provisions. (No. i, pp. 111-113.) + +March, 1518. The same two men in an unsigned document petition the +king on various matters connected with the proposed expedition. To +each section is appended the monarch's objections, approbations, +or other remarks. + +1. That no permit be given for ten years to any other person to make +an expedition of discovery in those regions "where we are about to +go, ... if we desire to undertake such discovery, with as sufficient +equipment and as many ships as the other;" and that they be informed +of such tentative expeditions, so that they may go themselves or +commission agents. + +2. That they receive the twentieth part of all profits after +expenses are paid, with the title of admiral, and the governorship +for themselves and heirs of all lands discovered. + +3. That they be allowed to employ in the newly-discovered lands as +they see fit, one thousand ducats worth of merchandise (first cost) +each year, giving to the king the twentieth part, without other rights +or taxes. + +4. That they be allowed to choose for themselves two islands, if the +number discovered exceeds six, giving to the crown ten per cent of +all profits therefrom. + +5. That one-fifth of all net profits derived from the expedition be +allotted them on its return, and that each year they may carry one +hundred quintals' weight of merchandise in any ship sailing from +those regions. + +6. That the twentieth part of all profits accruing from the royal +ships or any others be given them for ten years. + +7. That if his Highness undertake at his cost the armament of the +fleet, they promise to prove to him the vast wealth of the lands and +islands that will be discovered within his dominions. + +8. That if one of them die on the expedition the other, or his heirs +and successors, be ordered to fulfil everything as if both were living. + +9. That the king order the strict observance of the above. + +If the king prefers them to assume the expenses of the expedition +they propose the following: + +1. That all the lands and islands discovered by them or their agents +belong to them "with all traffic, seigniory, and government," giving +to the crown one-fifth of all net profits. + +2. That no other ships, either of the king or any other person, +be allowed to trade in such lands, under penalty of confiscation by +the petitioners. + +3. That no other commissions for expeditions of discovery be given +for ten years. + +4 and 5. Provision in case of death, and provision for +fulfilment. (No. ii, pp. 113-116; _vide infra,_ "Instructions to +Carthagena," p. 280.) + +Zaragoza, July 20, 1518. The King writes to the officials of the +House of Trade, approving the contemplated expedition, and regarding +the expenditures of moneys and the fitting out of the fleet. [205] +(No. v, pp. 122, 123.) + +October 24, 1518. Magallánes writes the king enumerating and amplifying +certain information and requests concerning the fleet, contained in +a letter written by him to his majesty on the fifteenth of the same +month. This letter had been despatched by a post sent by the House of +Trade. Besides giving a full account of the preparations of the fleet, +[206] it begs that the balance of the 16,000 ducats, "without which we +cannot finish" be provided; and that the 5,400 ducats lacking be taken +from the 11,000 ducats in the house. He asks also an increase of the +3,000 ducats for merchandise, "since the profits accruing therefrom +might be twenty-fold, estimating conservatively; and therefore I +desired all the gain to be your Highness's." Also, he asks that the +officials pay for the armament, weapons, and powder of the fleet, +which have been paid out of the 16,000 ducats, but which the king was +to provide. He complains of the antagonism of the officials at Seville, +relating a serious conflict that had taken place two days before. He +had caused his banners, bearing his arms to be flung from one of the +vessels. The Spaniards, incited thereto, claimed that they were those +of the King of Portugal, and attempted to arouse sentiment against him +and cause his arrest. This evil treatment, in which he did not receive +the aid and countenance of the officials, he says, was not done to him +"as Fernando de Magallánes, but as your highness's Captain." [207] +(No. vii, pp. 124-127.) + +March 30, 1519. By a royal decree Luis de Mendoza is appointed +treasurer of the fleet, and 60,000 maravedis are assigned as his +annual salary during the voyage. Juan de Cartagena is appointed +inspector-general, "and he shall exercise the duties of that trust +in accordance with the instructions [_q. v. post_] given him under +the King's signature." He is to receive "70,000 maravedis from the +time of the departure of the fleet from Spain until its return." The +latter is also appointed "Captain of the third ship of the fleet of +Fernando Magallánes and Rui Falero," "with an annual salary of 40,000 +maravedis." (Nos. viii-x, [208] pp. 127, 128.) + +April 6, 1519. Gaspar de Quesada is appointed "Captain of the fourth +or fifth ship of the fleet in the expedition of discovery of the +spice regions, and Antonio Coca accountant, who shall have account of +everything contained in the ships, giving note of everything to the +Treasurer." The latter is to receive 50,000 maravedis a year. (Nos. xi, +xii, pp. 128, 129.) [209] + +Barcelona, May 5, 1519. A letter from the king to the "officials of +the House of Trade of the Indies" states that there are to be two +hundred and thirty-five men [210] in the fleet, and orders, "because +calculation would have to be made for them in the provisioning and +in other things, if there were a greater number," "that they do not +allow, or give place in the said fleet, for any reason whatsoever, +for more than the two hundred and thirty-five men." They may even +specify a less number if it seems expedient. "All the seamen who +sail in the said fleet shall be received under the supervision of +our Captain Fernando de Magallánes, as he is the most experienced in +such things." Full declarations in writing must be made of the route +to be followed and a copy shall be given to each pilot. The officials +are ordered to buy from Magallánes the excess of powder, arms, etc., +that has been provided for the fleet, "since it can be used in other +things," paying him what it cost. (No. xiii, pp. 129, 130.) + +Barcelona, May 8, 1519. The instructions given to Magallánes and Falero +discuss more or less fully such points as the method and manner of +navigation (information as to routes given to the other captains +and pilots, method of signaling at night, and manner of procedure +in case the vessels become separated); treatment of natives found, +treatment of other vessels found trading in these spice regions, +"within our demarcation," such treatment differing if the vessels are +those of Christians or of Moros (Mahometans); ransoms and exchange +of prisoners; trade with the natives; division of prize-money; +reprovisioning the ships; giving of rations; keeping of accounts; +regulations concerning firearms; penalties for disobedience to the +captain-general; the taking of oaths; morals; discoveries; weights +and measures in trading; deaths of officers of the fleet, and the +cargo. Above all, the domains and demarcation of the Portuguese +monarch must be respected. The exact location of all lands must be +noted, and if these are inhabited they are to "try to ascertain if +there is anything in that land that will be to our interest." The +natives must be well treated, in order that food and water may be +obtained. When the land of spices is reached "you will make a treaty +of peace or trade with the king or lord of that land." As high a +valuation as possible is to be placed on the articles traded from the +ships. The inspector-general and accountant shall note everything +in their books. Other vessels found in the spice regions shall, if +Christians, be warned not to trade further without permission, under +penalty of seizure and confiscation of property; if Moros, "not of +the lands of our demarcation, you shall seize them in fair war," and +the gold, etc., found in their ships must be noted carefully in the +books. Moros who may, by their rank, avail for ransom are to be well +treated, but they may be sold as slaves. If Moros are found "who are +of our demarcation," they must be well treated; and a treaty must be +made, if possible, with their king or seignior. If they do not desire +peace, then the Castilians may exercise a certain amount of cruelty +against them to serve as a warning. Of the prize money or merchandise +of captured ships, certain percentages are to be given to all, these +portions varying. The King's share (one-fifth of the amount remaining, +after deducting certain sums that go to the captain-generals, and the +one-twentieth for the redemption of captives) is to be set apart for +him. One-fifth of what remains shall be given the captain-generals. The +remainder is to be divided into three parts, "of which two parts +are for us and the ships, and one for the crews." Of the latter, +ten parts are to be used for religious purposes. Good treatment is +to be accorded the natives in order that pleasant trade-relations may +be established. The physicians and surgeons are to take no money from +the natives for medical services, not even from their enemies who are +wounded in war. And the captain-generals must see that the men have +no intercourse with the native women. Entire freedom must be accorded +to every one to write what he pleases to Spain; and no letter must be +seized, under penalties to be imposed by the captain-generals. They +must guard against fire. In case of the death of any of the crew, +it is advisable to get slaves to fill their places. Rations are to be +given every two days, "and if it becomes necessary to shorten rations, +they shall be shortened." Dissatisfaction as to the length of the +voyage must not be expressed. The firearms are not to be discharged +on any newly-discovered land, "because the Indians fear this more than +anything else." No weapons shall be sold, under penalty of loss of all +property to the one so doing. Blasphemers, and card- and dice-players +are not to be allowed to ship with the crew. The captain-generals +have power to devise and execute punishments against disobedient men +of their crews. Oath shall be taken before the captain-generals by +all their crews to observe obedience and the King's service. If it is +necessary to seize water and provisions because of the hostility of +the natives, it shall be done, but with as little scandal and show of +force as possible. Samples of all products must be brought from the +lands discovered. "Ready-made clothes and other articles to give to +the kings and other princes of these lands shall be carried." "And if +the kings or seigniors of the land give any jewels or presents, they +shall be ours, and the inspector-general or accountant shall place +them in charge of the treasurer." No presents shall be given without +permission of the officers of the fleet. Everything traded must be +noted carefully and minutely in the books of the inspector-general +and accountant. If the return cargo is spice, it must be obtained as +clean as possible. The ships' cargoes must be traded first before +any private affairs are attended to. Full notices must be made in +the books regarding each member of the crew--his father and mother, +whether he is single or married, etc., in order that his heirs may be +known. Each person before embarking must have attended confession and +communion. In case any officer dies, another is to be elected in his +stead; but one-half of all the pay, etc., that would fall to the said +officer shall be given to his heirs, and the other half shall go to +the one taking his place. Any Portuguese or other Christians found in +the lands discovered must be treated well, in order to gain information +from them. "If by any chance you should meet ships from Portugal within +our limits, bid them quietly to leave the land, because in their own +requirements given by our very dear and well-loved uncle and brother, +it is forbidden to them to enter or discover in the lands and limits +belonging to us, and the same is forbidden to you by us." The cargoes +must be given up by such ships, if not peaceably, then by means of +force, provided "you can seize it without much loss to yourself." A +list is appended of the amount of freight that each one may take in +the vessels. A copy of these instructions is to be given to Juan de +Cartagena, the inspector-general. This document was copied from his +books by the secretary Joan de Samano in 1524. (No. xiv, pp. 130-152.) + +Seville, 1519. The officials of the house of trade show to Magalhães +an order from the King (dated at Barcelona, July 26, 1519), "by which +his Highness orders that the commander Rui Falero remain behind and +not go as captain jointly with him in the fleet which his Highness +orders to be prepared for the spice regions; and also that the said +official judges name and appoint the stewards sailing in the said +fleet, and as secretaries of the ships of the said fleet shall go those +appointed by the said commander [Magalhães] if they are natives [of +his kingdom]." Juan de Cartagena is appointed in Ruy Falero's place +as _conjunta persona_, and Francisco, brother of Ruy, is appointed +captain of one of the ships. Magalhães says in his communication +to the officials of the House of Trade that he consents to Falero +remaining behind, provided the latter surrender to them and to him the +"elevations of east and west longitude, with all the rules accompanying +them, that they may remain in the said house and be kept in the +said fleet." He justifies, the first appointment of two Portuguese +stewards, both of whom he declares to be good and faithful men. "If +they should prove unfaithful then they shall be removed." As for his +Highness ordering that "no Portuguese seamen sail in the fleet," +these men had been accepted by the masters of the said ships, and +Magalhães "received them as he did many other foreigners,--namely, +Venetians, Greeks, Bretons, French, German, and Genovese,--because, +at the time he took them, natives of these kingdoms were lacking." He +signifies his willingness to accept others in place of the Portuguese, +provided they make no extra expense. In regard to the order not to ship +Portuguese, if such a cause could be shown in the contract that he and +Falero made with the King at Barcelona he would keep it; but otherwise +he "would keep only the contract and instructions given to him in +Barcelona." He would not observe anything contrary to this contract, +even if ordered by the King and Council. That the King wishes no change +in the instructions is evident, because Juan de Cartagena has been +ordered not to make any innovation. Magalhães notifies the officials +not to interfere with his taking the Portuguese who had shipped in +the fleet; the blame will be theirs if, now, when everything is in +readiness, they obstruct in any way the expedition. The officials +of the house of trade reply, asking Magalhães to keep the commands +that have come from the king. Ruy Falero will give up all that is +needed. They believe that the two Portuguese stewards appointed by +Magalhães are honest men; but it is against the king's orders to carry +men of that nation. Letters from the king are cited to the effect that +Magalhães and Falero take only four or five Portuguese apiece. They +urge him to live up to these orders. (No. xvi, pp. 156-162.) + +September, 1519. On setting out upon his voyage Magalhães leaves +for the king a memorandum of the latitudes and location of the +Spice Islands, and the shores and principal capes in the Castilian +demarcation, "because some time the Portuguese King may try to declare +that the islands of Maluco are within his demarcation." He bids the +king keep this memorandum carefully, for there may be a time when it +is necessary. (No. xix, pp. 188, 189.) + +On the nineteenth of April, 1520, while at port San Julian, Magalhães +ordered an investigation of a petition presented by Alvaro de la +Mezquita, captain of the ship "San Antonio." The petition states +that on the first of April Gaspar de Quesada and Juan de Cartagena +appeared at Mezquita's ship, took him prisoner, and made themselves +masters of the vessel. Quesada refused to liberate the prisoner at +the request of the master, and checked the intended resistance of the +remaining officers and crew of the "San Antonio" by severely wounding +the master, Juan de Elorriaga and ordering the others disarmed. The +mate was taken prisoner, and carried to the "Concepcion." Antonio de +Coca, accountant of the fleet, was a party to the conspiracy. Juan de +Sebastian del Cano, master of the "Concepcion," was placed in command +of the captured vessel, which was put in a state of defense, all guns +being mounted in place. Mezquita asks for a thorough investigation of +this case, so that the fleet may be cleared of traitors. The charges of +wastefulness and cruelty preferred against him, he wishes examined; +and, if he is worthy of punishment, let it be administered. This +petition was presented on the fifteenth, and acknowledged on the +seventeenth. The testimonies were given before a notary on and after +April 19, and certified on the twenty-sixth. In the investigations the +depositions were taken of the chaplain of the fleet, and of the notary, +the pilot, a sailor, the boatswain, the steward, and the master of the +"San Antonio." In the main they are all alike, exonerating Mezquita +from all charges and condemning Quesada and his accomplices. On the +return to Seville of the "Victoria" (in which Mezquita was carried a +prisoner), these depositions were presented, through the efforts of +Diego Barbosa, to the alcalde-in-ordinary (May 22, 1523). (No. xx, +pp. 189-201.) + +Seville, May 12, 1521. The accountant Juan Lopez de Recalde writes to +the bishop of Búrgos on this date of the arrival of the "San Antonio" +at the port of Seville, Las Muelas. The captain of the vessel now was +"Gerónimo Guerra, a relative and servant of Cristobal de Haro, and +its pilot Esteban, a Portuguese." "They brought as prisoner Alvaro de +la Mezquita, eldest son of Magallánes's brother, who was appointed +captain of this said ship in place of Juan de Cartagena." Mezquita +was transferred to a prison on shore, at which Barbosa, "Magallánes's +father-in-law, showed much resentment, saying that he ought to be +set free and those who brought him imprisoned." The letter relates +the discord between Magalhães and certain of the other officers of the +fleet; the imprisonment of Mezquita by Cartagena; the attempted mutiny; +the tragic deaths of Mendoza, the treasurer, and Quesada; and other +vigorous measures of Magalhães in quelling the outbreak. He relates the +separation in the strait of the "San Antonio" from the other vessels, +and the determination of the men of this vessel to return to Spain, +notwithstanding the opposition of Mezquita. The latter coming to blows +with the pilot Esteban Gomez was arrested and "they came direct to this +port, eating three ounces of bread each day, because their provisions +had failed. In the judgment and opinion of those who have come, the +said Magallánes will not return to Castilla." (No. xxi, pp. 201-208.) + +A journal or log of Magalhães's voyage was written by Francisco +Albo, covering the voyage from cape San Agustin in Brazil until the +"Victoria" [the first ship to circumnavigate the globe] returned +to Spain. The log begins November 29, 1519, and ends September +4, 1522. The entries are for the most part very brief. It shows +that the fleet sighted or touched at various points, among them "a +mountain shaped like a hat, which we called Monte Vidi, now corruptly +called Santo Vidio [today Montevideo], [211] and between it and Cape +Santa Maria... a river called the Patos River;" also, farther on, +"a very great river... Solis [today Rio de la Plata]." The record +for October 21-December 1, 1520, says: "On the twenty-first of +the said month we took the sun in fifty-two degrees at a distance +from land of five leagues. And there we saw an opening like a bay; +at its entrance toward the left was a long sandy point. The cape we +discovered before this point is called Cape Las Vírgines. The point +of sand lies in fifty-two degrees of latitude and fifty-two and +one-half degrees of longitude. From this sand-point to the other +side is about five leagues. Inside this bay we found a strait of +about one league in width. From this entrance to the sand-point it is +straight east and west. On the left side of the bay is a large angle +in which are many sunken rocks. But as you enter you keep toward the +north, and as you enter the strait you go toward the southwest by a +mid channel. And as you enter you observe some shoals in front at a +distance of three leagues from the mouth, and afterward you will find +two sandy islets, and then the open channel, and you can doubtless +sail at will therein. Passing this strait we found another small bay, +and then another strait like unto the first. From one entrance to +the other the direction is east and west, and the strait runs from +the northeast to the southwest. After we had passed through the two +mouths or straits we found a very large bay, and some islands. In one +of the latter we anchored and took the altitude, which we found to be +fifty-two and one-third degrees. From this point we sailed southeast +and found a point to the left, at a distance from the first entrance +of about thirty leagues.... There are many turns in this strait, +and the mountains are very high and covered with snow. Afterward we +sailed northeast by east, passing many islands on the way. At the +farther end of the strait the coast turns northward. At the left we +saw a cape and an island, and we named them Cape Fermoso and Cape +Deseado. It lies in the same altitude as Cape Las Virgines, which is +the first point at the entrance. From the said Cape Fermoso we sailed +northeast, north, and north-northwest, for two days and three nights, +and on the next day we saw land ... and this land we saw the first +day of December." On the twenty-fourth of January, 1521, they find +an islet, which they name San Pablo. On the sixth of March two small +islands are sighted, and they see many small sails. A further note +of this same day says "The islands of the Ladrones are three hundred +leagues from Gilolo." March 16, they sight more islands, giving names +to two, Suluan and Yunagan--the first island of the archipelago of +San Lázaro [the Philippines]. They land successively at the islands +of Gada, Seilani, and Mazava, and pass by or anchor at Matan, Subu, +Baibai. "We left Subu sailing southeast ... between the Cape of Subu +and an island named Bohol; and on the western side of the Cape of Subu +is another island, by name, Panilongo, inhabited by blacks. This island +and Subu have gold and quantities of ginger.... We anchored at the +island of Bohol." Thus the log continues without date for some time, +the islands of Quipit, Quagayán, Poluan, and Borney being noted. At +the latter place in a brush with the natives, they seize a junk, +on which "was a son of the king of Luzon, which is a very large +island." The ship passes on through the Moluccas, which are named: +"Terrenate, Tidori, Mare, Motil, Maquiam, Bachian, Gilolo--these are +all that have cloves." On the fourth of May, 1522, the Cape of Good +Hope is founded. (No. xxii, pp. 209-247.) + +The cargo of cloves brought by the "Victoria" amounted to three +hundred and eighty-one sacks, with a net weight of five hundred +and twenty-four quintals, twenty-one and one-half libras. This was +delivered to Cristóbal de Haro, through an agent, in accordance with +a royal decree of October 10, 1522. The cargo also contained other +spices, and a feather ornament, besides the private stores. (No. xxiii, +pp. 247, 248.) + +October 18, 1522. Certain questions are to be put to those coming +in the "Victoria." These included: the cause of the discord between +Magalhães and Cartagena and others; the reason for the capture and +killing of Mendoza, and if any reward were promised to Espinosa for +killing him; the reason for Magalhães's abandonment of Cartagena +and the ecclesiastic, and if he acted right toward Quesada, Mendoza, +and others; whether the punishments were meted out for the purpose +of putting the Portuguese accompanying him, and who were kin to him, +in command of the ships; the reason for Magalhães's long delays +in various ports, thus wasting provisions and losing valuable time; +questions affecting trade; as to the manner in which Magalhães met his +death from the Indians, and why some say he died in another manner; +those who were left behind at the island where Magalhães had been +killed, and whether they could be rescued. Answers are given to these +questions by Juan Sebastian Del Cano, captain, Francisco Albo, pilot, +and Fernando de Bustamente, barber, all of the "Victoria." (No. xxv, +pp. 285-294.) + +The expedition begun by Magalhães made treaties of peace with various +petty kings or governors among the islands. One was made with the +seignior of Poluan, a vassal of the king of Borneo. The interpreter +in this treaty was "a Moro who was seized in the island of the king +of Lozon and knew some Castilian." Presents were made to seal the +peace. Treaties were made also in Tidori, Cebu, and Gilolo. (No. xxvii, +pp. 295-298.) + +1523. Diego de Barbosa presents a memorandum to the king regarding some +events of Magalhães's voyage, and the methods for trading in the spice +regions. He cites the memorandum left by the latter on his departure +from Seville in 1519. He adds "And now, ... I believe that the time +has come when this must be investigated, and I determined to present +this memorandum to your Majesty in order that you may not be deceived +in the routes, and in the trade of those regions which you have in +your power, since it was discovered at so great expense and toil to +Magallánes, and his death ..." He justifies the conduct of the latter, +and urges the king to see justice done. Speaking of the trade he says, +"Your Majesty should believe that the sport of this business that you +have in your power is of what extent you may desire, only your Majesty +must know the game well, because in these first beginnings lies its +good. Whence I say, that before all else your Majesty ought, in this +case, to give such examples to those sailing in the fleet which you +expect to have prepared, so that those who go shall not be betrayed +... as happened in the past, and that the captain-general ... be one +who knows thoroughly what he must do, and that those accompanying him +go so instructed that after telling him their opinion, they shall +not dare to instruct him in his duties; for where confusion exists +there is the whole mistake." He urges a powerful fleet in order +to be able to show sufficient force to the natives, and to punish +those who killed Magalhães. He cites the example of the Portuguese +who send large fleets to the east, and gain respect through fear, +"for if the King of Portugal has prestige in the Indies, it is because +he has always tried to demonstrate his power there, sending as large +a fleet as possible each year. Therefore not only did he rule those +lands with love and good works, but to a greater degree by means +of fear." In the matter of trading, the king should keep control; +for if traders are allowed to trade on their own account they will +ruin everything, and will sell lower, being content with thirty or +forty per cent when they might gain one hundred per cent or more. He +advises the king that trading should be under the control of his +Majesty's factor. (No. xxviii, pp. 298-301.) + +Chainho, 1523. Antonio Brito writes to the king of Portugal in regard +to events in India and the voyage of Magalhães. "I arrived at Tidore +May 13, 522 [sic]. The Castilians had been there and loaded two of the +five vessels that sailed from Castilla; and I learned that the one had +left there four months before, and the other one month and a half." On +October 20, news is brought of a ship. Brito orders it brought to port, +and finds, as he had supposed, that it is a Castilian vessel. Of their +crew of fifty-four men, thirty had died. Their maps and instruments +are seized; and the ship and cargo confiscated, the wood of the +former being used in the fortress. "They said that the bishop of +Burgos and Cristóbal de Haro had fitted out this fleet." A short +account of the voyage is given. From Rio de Janeiro the Castilians +"sailed to the river called Solís, where Fernando Magallánes thought +a passage would be found; and they stayed there forty days.... They +coasted along shore to a river called San Juan, where they wintered +for four months. Here the captains began to ask where he was taking +them, especially one Juan de Cartagena.... Then they tried to rise +against Magallánes and kill him." The flight of the "San Antonio" +is narrated, "and it is not known whether it returned to Castilla +or whether it was lost." The discovery of the strait is noted, with +a brief description of its location. The succeeding events--the +death of Magalhães, the election of two captains (Duarte Barbosa, +"a Portuguese, and brother-in-law of Magallánes;... and Juan Serrana, +a Castilian"), and the death of Barbosa and thirty-five or thirty-six +men at the hands of natives, are briefly narrated. "They sailed to +an island called Mindanao ... and had an interview with the king, who +showed them where Borneo lay," whither they next journeyed. Here they +were taken by the natives for Portuguese, and were well treated. They +asked for pilots to conduct them to the Moluccas, but the king gave +them only as far as Mindanao "on the opposite side from which they +had come, where they would get other pilots. Mindanao is a very large +and fertile island." Brito relates further the disposition made of +the Castilians and their cargo. (No. xxx, pp. 305-311.) + +Valladolid, August 2, 1527. Investigations are instituted by the +Council of the Indies in regard to the seizure and confiscation by +the Portuguese of the "Trinidad," one of Magalhães's vessels. This +court of inquiry is in charge of the bishop of Ciudad, Rodrigo, +who examines under oath the captain of the vessel, Gonzalo Gomez +de Espinosa and the two pilots Ginés de Mafra and Leon Pancado. The +investigation brings out, in the form mainly of question and answer, +the communication of the Castilians with the Portuguese, and the +confiscation of their ship and cargo. (No. xi, pp. 378-388.) + + + +Letter of Authorization to Falero and Magallanes + + +Inasmuch [212] as we have commanded a certain contract and agreement +to be made with you, Ruy Falero, bachelor, and Fernando de Magalhayns, +knight, natives of the Kingdom of Portogal, in order that you make +an expedition of discovery in the Ocean Sea; and inasmuch as for +the said voyage we have ordered five ships to be armed, manned, +provisioned, and supplied with whatever else is necessary for said +voyage, having confidence that you are such persons as will guard +our service, and that you will execute fully and loyally what we +command and entrust to you: it is our will and pleasure to appoint +you--as by this present we do--as our captains of the said fleet. We +also authorize you so that, during the time of your voyage and until +(with the blessing of Our Lord) you shall return to these kingdoms, +you may and shall hold office as our captains, both on sea and land, +in your own names and those of your lieutenants, in every case and +in everything relating and pertaining to said office. You shall see +that there is proper execution of our justice in the lands and islands +that you shall discover, according to and in the manner followed by +those who have been our sea captains hitherto. By this our letter, +we command the masters, mates, pilots, seamen, roustabouts, boys, +any other persons and officials of the said fleet, and whatsoever +persons may see this present, and shall reside in the said lands and +islands that you shall discover, and whomsoever the contents of this +letter may concern or affect in any manner whatever, that they regard, +accept, and consider you as our captains of the said fleet. As such, +they shall obey you and fulfil your commands, under the penalty or +penalties which, in our name, you shall impose or order imposed, +and which, by this present, we impose and consider as imposed. We +authorize you to execute sentence on their persons and goods, and that +they observe and cause to be observed all the honors, favors, grace, +privileges, liberties, preeminences, prerogatives and immunities, +which as our captains, you should hold and enjoy, and which must be +kept for you. It is our pleasure and we command that, if during the +voyage of said fleet, there should be any disputes or differences, +either on land or sea, you shall be empowered to sentence, judge, +and execute justice in brief form, summarily and without process of +law. We authorize you to decide and judge the said disputes, and to +execute all the remaining contents of this our letter and whatever is +incumbent upon and pertains to said office of captain, with whatever +may be incident, dependent, or connected in any way with the same; +and neither yourselves nor others shall act contrary to this. + +Given at Valladolid, the xxij day of March, of the year one thousand +five hundred and eighteen. I, the King. I, Francisco de los Covos, +Secretary of the Queen [213] and of the King, her son, our Sovereigns, +write it by their command. + +[_Endorsed:_ "Authorization as sea-captains, given to Fernando +Magallayns and the bachelor Ruj Fallero for the time while they shall +be in the fleet which your Highness ordered to be equipped, until +their return to España. Johanes le Sauvaige. Fonseca, archbishop and +bishop. Registered. Juan de Samana. (Seal) Guilhermo, chancellor."] + + + +Carta de El Rei de Castella para El Reid Manuel + ++ + +S_mo_ y muy ex_te_ Rey y principe mj muy caro y muy amado hr_o_ y tio +Recebi vra letra de xij de hebrero con q he avido muy gran plazer en +saber de vra salud, y de la S_ma_ Reyna vra muger mj muy cara y muy +amada hermana especialment del contentamjento q me escreujs q tenys de +su compañja q Lo mjsmo me escreujo Su Ser_d_ asi la he esperado sienpre +y: demas de conplir lo q deveys a vra Real persona a mj me hazeys en +ello muy singular conplazencia porq yo amo tanto a la dicha S_ma_ +Reyna mj hermana, q es muy mas lo q la qero q el debdo q con ella +tengo. afectuosamente vos Ruego sienpre me hagays saber de vra salud +y de la suya q asi sienpre os hare saber de la mja y lo q de present +ay de mas desto q dezires q por cartas q de alla me han escrito he +sabido q vos teneys alguna sospecha q del armada q mandamos hazer +para yr a las Jndias de q van por capitanes hernando magallanes y +Ruy falero podria venjr algun perjuizo a lo q a vosos perteneçe di +aqllas partes de las Jndias bien crehemos q avn q algunas personas +qaran jnformas dealgo desto q vos terneys por cierta ñra voluntad +y obra para las cosas q os tocare q es la q el debdo y amor y la +Razon lo reqere mas porq dello no os qde pensamjento acorde de vos +escreujr po q sepays q nra voluntad ha sido y es de muy cumplidamente +guardar todo lo q sobre la demarcaciõ fue asentado y capitulado +con los cathocos Rey y Reyna mjs señores y abuelos q ayan _glra_ +y q la dicha armada no yra ni tocara en parte q en cosa perjudiq a +vro _drho_ q no solamente q remos esto mas avn qrriamos dexaros de +lo q a nos perteneçe y tenemos y el primer capitulo y mandamjeto nro, +q lleban los dichos capitans es q guarden la demarcaciõ y q no toque +en njnguna manera y so graves penas en las partes y terras y mares +q por la demarcaciõ a vos os estan señaladas yos pertenece y asi lo +guardarã y complirã y desto no tengays ninguna dubda. S_mo_ y muy +ex_te_ Rey & _pn_cipe nro muy caro y muy amado hr_o_ y tio nro Señor +vos aya en su especial guarda y Recomjenda de barcelona a xxviij dias +de hebrero de dxjx as. Yo Elrey. Couos, sect? + +(_Sobrescripto_:) S_mo_ y muy ex_te_ Rey * * * cipe de portugal * * +* muy caro y muy * * o hermano y tio. + + + +Letter from the King of Castile to the King Don Manuel + ++ + +Most Serene and very excellent King and Prince and very dear and +beloved brother and uncle: I received your letter of the twelfth +of February and I was extremely pleased to learn concerning the +state of your health and that of the most serene queen, your wife, +my very dear and much loved sister; and especially was I gratified +to hear of the pleasure you take in her company, of which her serene +highness likewise wrote me. So I have always wished it, and, besides +fulfilling what you owe your royal character, you do me therein very +great pleasure, for I love the most serene queen, my sister, so much, +that my love for her far exceeds that which is due her from me. I pray +you affectionately always to inform me concerning your health and hers, +and I will always let you hear as to mine. And now with regard to what +is further to be said, I have been informed by letters which I have +received from persons near you that you entertain some fear that the +fleet which we are dispatching to the Indies, under command of Hernando +Magallanes and Ruy Falero, might be prejudicial to what pertains to +you in those parts of the Indies. We believe that, in spite of the +fact that certain persons desire to imbue you with such an idea, +you are assured of our good will and deed in all matters affecting +you, which are such as love, duty, and reason demand. Nevertheless, +in order that your mind may be freed of anxiety, I thought it best +to write to you to inform you that our wish has always been, and +is, duly to respect everything concerning the line of demarcation +which was settled and agreed upon with the Catholic king and queen +my sovereigns and grandparents (may they rest in glory); and that +the said fleet will not in any way enter a district so that your +rights would be at all injured; and not only do we desire this but +would even wish to give over to you that which belongs to and is +held by us. And our first charge and order to the said commanders +is to respect the line of demarcation and not to touch in any way, +under heavy penalties, any regions of either lands or seas which were +assigned to and belong to you by the line of demarcation; and that +they will keep and fulfil this injunction I beg you to entertain +no doubt. Most Serene and very excellent King and Prince, our very +dear and well beloved brother and uncle, may our Lord have you in his +special keeping and recommendation. Barcelona xxviij February dxjx. I, +the King; Covos, secretary. + +[_Superscription:_ "Most Serene and very excellent King, [pr]ince of +portugal [our] [214] very dear and well [belov]ed brother and uncle."] + + + +Instructions to Cartagena + +I, the King. That which you, Juan de Cartagena our captain, are to +do in the fulfilment of your duties as our inspector-general of the +fleet, which we are sending under command of Ruy Falero and Fernando +de Magallãins, our captains, knights of the order of San Tiago, +on the voyage of discovery which, with the blessing of Our Lord, +they are about to undertake as our captain-generals of said fleet, +is as follows: + +First: in order that you may go well-informed, the instructions and +agreement made with our said captains for the voyage of discovery +are as follows: + +I, the King. Inasmuch as you, Fernando de Magallãins, knight, native +of the kingdom of Portogal and bachelor Ruy Falero, also native of +said kingdom, wish to do us signal service, binding yourselves to +discover within the boundaries which pertain to and belong to us in +the Ocean Sea, within the limits of our demarcation, those islands +and mainlands, riches, spices, and other things with which we shall be +well pleased and these our kingdoms well profited, we order herewith +the following agreement to be made with you: + +First: in order that you may and shall with good fortune go on a +voyage of discovery in that part of the Ocean Sea within our limits +and demarcation; and as it would not be just that since you are going +yourselves to perform the aforesaid, other persons should venture to +do the same; and considering that you are to have the hardship of this +enterprise: it is my will and pleasure (as I now promise) that, for +the term of the first ten years ensuing we shall not permit any other +person to go on a voyage of discovery by the same route and course that +you may take; and that if anyone else should wish to undertake it and +ask permission, it shall not be granted until you have been informed +thereof, so that, if at the same time you should so desire, you may +undertake it also, being as well prepared, equipped, and furnished with +as many vessels as equally well-conditioned, equipped, and manned as +those of the other persons wishing to make the said discovery. But it +is to be understood that if we should wish to order or permit other +persons to undertake such an enterprise by the western route, in the +district of those islands, with Tierra Firme and all other places +already discovered, towards the desired direction, for the purpose of +seeking the strait of those seas, we may so order or permit to these +others. If they should wish to start on their discoveries from Tierra +Firme or from the island of Sant Miguel, and go through the southern +sea, they may do so. Likewise if the governor or people who, by our +mandate, are now, or may be in the future, in the said Tierra Firme, +or any others of our subjects and vassals should wish to set out on +a voyage of discovery in the southern sea, wherein such discovery is +permitted; and if they wish to send out ships for further discoveries; +then our said governor, vassals, and any other persons who, according +to our pleasure, should go upon such discovery in that direction, +may do so, notwithstanding the aforesaid of any section and clause +whatever in this agreement. But we also desire that if you should wish +to do so, you may discover by any of these said routes, provided the +place be not already discovered or found. + +The aforesaid discovery must be made in such manner that you do not +discover or do anything to his prejudice, within the demarcation +and limits of the most serene king of Portogal, my very dear and +well beloved uncle and brother, but only within the limits of our +demarcation. + +And acknowledging your wish to serve us which has moved you to +undertake the said discovery; the service which we shall receive +therefrom; and the benefit of our royal crown--as a remuneration for +the labor and danger which you will have to undergo, it is our will +and pleasure, and our desire in all the islands and mainlands that you +may discover, to grant you--as we do in this present--that of all the +profit and gain from all the lands and islands you may so discover, +both rents and rights, and whatever else accrues to us in any way, +you shall have and take the twentieth part (after first deducting +all expenses which may be involved); also you shall have title as our +_adelantados_ [215] and governors of said lands and islands, you, your +children, and lawful heirs forever. This shall be on condition that +the supremacy of the same shall pertain to us and to the kings after +us, and if your children and heirs are natives of our kingdoms and +married therein; and if the said government and title of _adelantado_ +shall descend to your son or heir after your death. We shall have +your letters and privileges to this effect sent to you in proper form. + +We also grant you grace and give you license and power, so that each +year hereafter you may take and send, and you shall send, either in our +vessels or in any others that you may prefer, to said islands and lands +that you shall discover, as above, the value of one thousand ducats +first cost. This is to be employed at your risk, and in the place and +manner you may deem best. And you can sell this there and use it as +you shall decide and desire. You shall bring the returns thereof to +these kingdoms, paying us as our rights the twentieth part thereof, +without being obliged to pay any other taxes whatsoever, those usually +imposed or those which may be newly levied. It is to be understood, +however, that this is to be after the return from the first voyage, +not during the same. + +Moreover, it is our will and pleasure that if the islands, which you +shall discover in this manner, exceed six in number, having first +chosen six [for us], you may assign to yourselves two of those that +remain. Of these you shall have and take the fifteenth part of all +the profit and gain of rent and rights pertaining to us, left clear, +over and above the expenses involved. + +_Yten_: We wish and it is our will and pleasure that, considering +the expenses and labors involved by you on said voyage, to grant you +grace--as we do by this present--that at the return of this first +fleet and for this once you shall have and take the fifth part of +whatever pertains to us in the things that you bring from those +regions, which remains clear, over and above the expenses involved +in the said fleet. In order that you may accomplish the aforesaid +better, and that the necessary caution may be observed, I shall order +five ships to be armed for you, two of one hundred and thirty tons, +two of ninety and one of sixty tons, all to be sufficiently manned, +provisioned, and armed. It should be known that said ships shall be +provisioned for two years and shall have two hundred and thirty-four +persons to manage them, counting masters, mariners, deck hands and +all others necessary, according to the memorandum of the same. This +we shall order to be put into effect immediately by our officials of +the India House of Trade who reside in the city of Sevilla. + +Because it is our will and pleasure that the aforesaid should +be kept and complied with in every respect, we desire that, if, +in the prosecution of the aforesaid, either of you should die, the +contents of this present instrument shall be observed and fulfilled +by the remaining one, and as faithfully as it must be kept, should +both live. Furthermore, in order that there may be justice and a +good account of the aforesaid, and the suitable caution as regards +our estates, we are to appoint, and we shall appoint a treasurer, +accountant, and clerks for said ships, who shall keep and record the +account and calculation of every thing, and before [whom shall pass] +[216] and be delivered everything acquired by the said fleet. + +This I promise you and I pledge on my royal faith and word that I +will order it kept and observed in every particular, according to +the contents herewith. I order this present instrument given, signed +with my name. Given at Valladolid, March twenty-two, one thousand +five hundred and eighteen. I, the King. By command of the King: +Francisco de los Covos. + +Then when you shall come to the city of Sevilla, you shall show our +officials of the India House of Trade, residing there, the despatch +which you bring concerning your said office, informing them fully +and specifically of the method which you think you ought to employ +in guarding the interests of our estates; also of the said voyage, +and the contents of this instruction. + +_Yten_: You will cause our accountant of said fleet to take note of +everything spent and which will be spent in said fleet; everything in +the cargo taken in the ships from the said city of Sevilla; and the +wages and provisions, the merchandise carried, both that belonging +to us, and that belonging to others who may supply anything for +the furnishing and maintenance of the said fleet. You must see to +it that a book is kept in which you will make entry of all that is +loaded in the holds. These things must be marked with your mark, +each different class of merchandise being by itself; and you must +designate particularly what belongs to each person, because, as will +be seen later, the profits must be allotted at so much to the pound, +in order that there may be no fraud. + +_Yten_: You will ask the said officials of Sevilla to give you, before +the departure of said fleet, an inventory of all the merchandise +and other articles placed on board, both on our account and for any +other persons. Our accountant must put all this in the charge of +our treasurer of said fleet, entry being made in the books of both, +in order that, when, with the blessing of Our Lord, said fleet shall +return, they may give an account and calculation of everything which +can be easily verified and explained. And I order these latter to +give you such account, so that whenever the said articles shall be +bartered in the said lands and islands, during the bartering, the +things bartered shall be unloaded in presence of the said treasurer, +and he shall note everything bartered for them, and he shall do this, +setting down everything fully and specifically. + +Furthermore, as you will see, I have ordered certain merchants to +place on board the said fleet the merchandise and articles to be +sent for ransoms. These are they whom the father bishop of Búrgos, +very reverend in Christ and a member of our council, may appoint to +furnish the same to the amount of four thousand ducats, which after +subtracting the twentieth part of the profits which God shall give +to said fleet, must be used for the redemption of captives. The +remainder is to be divided between us and said merchants, each of +whom draws profit according to the number of pounds he has placed +on board. Also in all the expenses of the said fleet, the wages and +costs, both in the merchandise and other things, you must see to it +that our accountant takes note of what is placed on board, in our name +and in the names of others, so that the amount of the shares will be +known and what is due us. You shall deliver everything to our said +treasurer in the presence of our accountant, who shall enter it on +his books, their names and yours being signed at each entry, so that +in everything there may be due caution and the requisite clearness. + +You shall also see to it carefully that the bartering and trading of +said fleet is done to the greatest possible advantage to our estates, +and that everything is delivered to said treasurer, said accountant +of said fleet taking note, in your presence, in order to bring it +to us. The aforesaid portion which belongs to us you shall deliver +to our officials at Sevilla; that which is due to said merchants and +other persons you shall give and deliver to them after the return of +the said fleet to these kingdoms, according to the order given you +as hereinbefore stated. In everything, you must take care that the +said treasurer records in his book and in that of said accountant, +stating what is delivered to him, and the results of the bartering, +it being entered in his book and in that of the said accountant--every +one being present at the entries in said books, in order that each +division of said entries may correspond with that of the other book, +no more in one book than in the other. This will be signed by you and +by said treasurer and accountant, as before stated, in the manner +and according to the order prescribed in this our instructions. We +command this so that everything may be stated clearly and that +requisite caution be exercised in regard to our estate. + +Moreover, you must watch and see to it that all the rents belonging +to us [in (?)--blank space in _Alguns documentos_] whatever manner, +in said lands and islands that are discovered by said fleet, [whether +(?)--blank space in _Alguns documentos_] in trade or in any other +way; also the rents of the salt marshes which in the said islands and +lands have belonged up to the present and will hereafter belong to us. + +_Yten_: You shall see to it that our treasurer of the said fleet +collect the fifth and other rights whatsoever belonging to us, of all +and whatsoever bartering that be made or shall be made in the future +in said islands and lands; also the slaves, guanins, [217] pearls, +and precious stones, drugs, or spices and other things whatsoever +that must be delivered and which belong to us, fulfilling that which +is commanded to and agreed upon with the said captains, merchants, +and other persons. You will see that said accountant entrusts this +to said treasurer, as aforesaid, in your presence, observing therein +the order as before stated. + +Moreover you must see to it that the said treasurer shall receive +all the fines that have been imposed and shall be imposed by our +said captains and by any justice and person whatever, and that said +accountant shall enter them in a separate book, in your presence. + +Moreover, you must exercise much care and vigilance to see that +our service is complied with and to effect what is proper for the +colonization and pacification of the lands that are found. You +will advise us fully and specifically of the manner in which our +instructions and mandates are complied with in said islands and lands; +of our justice; of the treatment of the natives of said lands, with +whom you must be careful to use good faith and fulfil all that is +promised--they must be treated most affectionately, both in order +that they may be influenced to become good Christians, which is our +principal desire, and that they may with good will serve us and be +under our government, subjection, and friendship; how said captains and +officers observe our instructions, and other matters of our service; +and of everything else of which you think I should be informed, +as I state and declare herein. + +When, with the blessing of Our Lord, the fleet shall set sail, +you together with our other said captains, inspector general, and +officers shall write me of the departure and of the caution you +are employing. [Blank space in _Alguns documentos_]. In the future +whenever you write me of the events of the said voyage and of those +matters concerning which you must inform me, you will all together +write me in one letter, but if you think that I should be advised +privately of anything which relates to our service, you may do so. + +Moreover, you must treat our said captains and officials well since +they are those to whom we have entrusted duties, and they shall do the +same to you. For I am sure that they will serve us on this voyage and +in the future as good and loyal subjects as they have shown themselves +to be heretofore; and it is my will to show them favor and grace. All +that you see which may be suitable for our service you must guide +and direct, aiding in all possible way to serve us to the best of +your ability. + +_Yten_: When in due time you have arrived in the regions where said +fleet shall discover, you must investigate and ascertain what land it +is. If it should be a land where you must barter, you must first effect +the bartering of the merchandise of the said fleet before attending +to any other private interest, following the decision and opinion of +our said officials of the said fleet. After bartering the belongings +of the fleet, the officers and people may barter the other merchandise +of which, according to this mandate, they shall pay us the fifth part. + +_Yten_: As one of the principal things required in such voyages is +concord among the persons in charge, you must see to it carefully that +there may be unity and harmony among you, and our said captains, and +other officials. If there should be any misunderstanding among them, +they must desist from all differences, and you and your companions +shall settle all such and prevent them from taking place. Do the same +yourselves and all being in harmony the interests of our service will +be better guarded, which if the contrary is observed, would not be +the case. This I order and charge you because therein you will serve +me well. + +Moreover, although the offices of our captains and inspector, +treasurer, and accountant of said fleet are independent of each +other, in that which relates to the trust of each, inasmuch as it +is convenient for the good of our service and the increase of our +royal income, for the colonization and pacification of our lands, +each one must keep account of what pertains to the office of the +other. Inasmuch as the office you hold as inspector general of the +said fleet is an office of great trust, and it is necessary that +there be exercised therein much diligence, care, and vigilance, I +order you to charge and entrust yourself with this trust because it +is the one office of said fleet on which all the others depend. Even +should there be any negligence in the other offices and should there +be no such good foresight and caution as is proper, if you fulfil your +duty, it would be less inconvenient. You must labor and endeavor with +all your strength to observe the care and thoroughness in everything +relating to your said office and necessary for our service with that +care and diligence which I expect from you, so that there may be a +good record and the proper caution. + +Although it has not been before stated, you are to have a separate +book in which you shall enter all the aforesaid. Nevertheless you +must be present at all entries and sign the books of our treasurer and +accountant of the said fleet, because (though God forbid), should any +accident befall any of the ships in which the said officials sail, it +were well that in everything there should be due caution and a record +of it; and that, besides being always present you have a separate +book. Therefore I order and charge you that this book be similar to and +contain the same account of the affairs of the said fleet as the one +kept by the said accountant. You will keep a separate book, in which +you will set down the accounts of the treasurer as herein stated. You +will cause said treasurer and accountant to sign also in your book; but +you shall not, on this account, neglect to be present in all matters, +and observe diligence in the books of the others, as before mentioned. + +Furthermore, that we may be informed of all, when at good time you +will arrive at those lands and islands for which the said fleet is +bound, you shall make a book and full relation of everything you +see and find there. When you are about to return you shall have five +copies made of this, placing one copy in each ship, so that in case +of accident to any one of the said ships there may be a full account +of everything. You must also place in each ship a list of everything +which the said fleet brings in each one of the ships, each list being +identical and in accordance with your books. You must take care that +the goods brought by said fleet be divided among all the ships, placing +in each one the amount deemed proper for our captains and officials. + +I charge and order you to do all this and more which you may consider +advantageous to our service and to the good interest of our estates +and of said fleet, with that diligence and fidelity which I expect +from you. + +Barcelona, the sixth day of the month of April, one thousand, five +hundred and nineteen. I, the King. By command of the King: Francisco +de los Covos. + +[_Endorsed_: "Instructions to Cartagena."] + + + + +Carta do Rei de Castella a Fernando de Magalhães e a Ruy Falero + + ++ + +El Rey + +fernando de magallãins & Ruy falero caualleros de la orden de san +tiago nros capitañs generales dell annada q mandamos haser para yr +a descobrir & a los otros capitañs particulares de la dha armada & +pilotos & maestres & contramaestres & marineros de las naos de la dha +armada, porquanto yo tengo por çierto segund la mucha informaçiõ que +he avido de personas que por esperiençia lo An visto q en las islas +de maluco ay la espeçieria q prinçipalmente ys a buscar con esa dha +armada & my voluntad es que derechamente sigais el viage a las dhas +islas por la forma e maña que lo he dicho e mandado a vos el dcho +fernando de magallãins, porende yo vos mando A todos & a cada uno de +vos q en la navegaçion del dho viage sigais el pareçer & determinaçiõ +del dho fernando de magallãins para que ants e primero que a otra parte +alguna vais a las dhas islas de maluco sin que en ello Aya ninguna +falta, porq asy cumple A nro seruiçio & despues De fecho esto se podra +buscar lo demas que convenga conforme A lo q ileuais mãdado & los unos +nj los otros non fagads njn fagan ende Al por alguna maña, so pena, +de pdimy de biens e las psonas a la nra merced fecha en Barçelona a +diez & nueve dias del mes de abril ano de mjll quinientos & diez e +nueve años. Yo El Rey. Por mandado dEl Rey Fran_co_ de los covos. + +pa q los del armada sigan el pareçer y determynaçiõ de magallanes pa +q ants y prño q a otra p_te_ vayã a la espeçierja. + + + +Letter from the King of Castile to Fernando de Magalhães and Ruy Falero + ++ + +The King. + + +Fernando de Magallãins and Ruy Falero, knights of the order of San +Tiago, our captain-generals of the fleet which we are about to despatch +on an expedition of discovery, and the other individual captains of +the said fleet; the pilots, sailing masters, boatswains, and sailors +in the ships of the said fleet: inasmuch as I am quite well assured by +those who have actually been there, that the Maluco Islands are rich +in spices--the chief article sought by the said fleet,--order you, +the said Fernando de Magallãins, to pursue a direct course to the +above-mentioned islands, exactly as I have told and commanded you. And +I order you all individually and collectively, that, in the said voyage +you heed strictly the counsels and decisions of the said Fernando de +Magallãins; and that, first and foremost, before sailing elsewhere, you +proceed without fail to the said Maluco Islands, for in this wise do +you perform our service. Afterwards you may seek other suitable things, +in accordance with your orders. And none of you shall act contrary +to this our will, in any manner, under penalty of loss of property +and life. Barcelona, April nineteen one thousand five hundred and +nineteen: I, the King. By command of the King: Francisco de los Covos. + +[_Endorsed:_ "In order that those sailing in the fleet may heed the +counsels and decisions of magallanes, and that first and foremost, +before proceeding elsewhere, they may sail to the spice islands."] + + + + +Extracto de Una Carta de Las Indias + + +Despues de esto escrito a V.S. llego ynigo lopez a los xviij de malaca +el q_l_ truxo por nuevas q los castellanos estavan en maluco, q ptierõ +tres naos de castilla y en ellas fernando magallaes por principal +y fuerõ a [symbol] vista del cabo de san Agustin y de allj corrierõ +obra de dozientas o trezientas leguas al luengo de la costa del brasil +y fuerõ a dar en un rrio q atravessava toda la trra del brasil y era +de agua dulce, anduvierõ por el seys o siete dias hasta q se vierõ de +la otra parte del sul y por allj comencaron de yr a buscar a maluco +anduvierõ cinco messes por vn golfo sin nunca [symbol] tierra nj +hallar yslas y sienpre con vientos en popa, eneste paraje fuyo vna +nao al magallanes y se torno non se sabe pte della, y eneste tpõ vuo +vna grande confusion entre los castellanos de dezir q_l_ magallanes +los levana a entregar alos Portugueses y determjnarõ dese levantar +con las naos. supolo magallaes y hizose doliente y enbyo allamar vno +a vno delos culpados y davãle vn mallo rrodeyro en la cabeça, mato +los de qujen se temja y dio las capitanjas y cargos a otros aqujen +el qujso, yendo porsu derrora adelante con poco mantenjmjento y agua, +vuo vysta de vna ysia laqual era burneo qujsierõ salir en ella contra +voluntad delos dela _trra_ vuo entre vnos y otros gran pelea en la +qual murio el magallanes y otros muchos hoh bres de fayçion q qdo +el armada muy desaparejada de gente y estuvierõ en condiçion de se +entregar ala gente dela _trra_ levantose vn piloto portugues q yva +con magallaes y tomo el leme en la mano y partio camjno de maluco +alqual llego y hallo vn hombre de don tristan de meneses q dios aya, +vujeronle ala mano y supieron todo lo q qujsieron del fizieron sus +contratos bien largamete y a voluntad delos dela _trra_ despendieron +desus bonetes bermejos y paños q lebavan por los quales les fiziero +carga destas dos naos, las quales partierõ de maluco cargadas de +clavo y mal aparejadas de aparejos y costados dexaron en _trra_ +dos o tres honbres con barcos y talãqras y vnos tiros fechos por +señal, estas naos trayan hecho fundamento de se venjr por las islas +de maldiva porq por el camino q fuerõ tenjante por peligroso po el +tpo los hizo arribar a burneo de donde se partio vna nao la mejor +adereçada pa essos rreynos la qual dios alla nos lieve, la otra con +sesenta personas se tornava pa maluco por no estar pa acometer el +camjno y fazer mucha agua, y fazia fundamento de hazer estançias en +maluco con su artilleria y esperar allj rrespuesta dela nao q partio +pa castilla le q_l_ plazera a nro s_or_ q no yra alla su el lo vujere +por su serviçio. todas estas nuevas supierõ por dos grumetes delas +mismas naos q se qdarõ en burneo por a[symbol] mjedo de yr las naos +tan mal aderecadas, y de allj los levo don juã* a timor adonde estava +pedro merino--cargando de soldados (?) y de allj se partio con estos +dos grumetes y los truxo a malaca a donde hallo a yñigo lopez q estana +pa partir y se metio con el y llegarõ a cochin a salvamento con los +castellanos grumetes de gujen se supo todo esto. + +[_Addressed:_ "S. Cel. & Cath._ca_ M._ti_"] + +[_Endorsed:_ "A su mag xxjx de agosto de cochin a 23 de Dics de 1522. + +Avises del viage [sic] de Magallanes y su muerte y noticias dela +India portuguesa."] + + + +Extract of a Letter from the Indies + + +After I had written the above to your lordship, Yñigo Lopez arrived on +the eighteenth from Malaca with the news that the Castilians were in +Maluco; that three vessels had left Castilla under command of Fernando +Magallaes. They had been sighted off the cape of San Agustin, from +which point they had run about two hundred or three hundred leagues +along the coast of Brasil. There they anchored in a river [218] which +flows across the whole of Brasil, and was of fresh water. They sailed +for six or seven days on this river until they came to the other part +of the south, whence they started in quest of Maluco, sailing for +five months in a wide expanse of waters without ever seeing land or +finding islands, and with a steady stern wind. In this region one of +the ships fled from Magallanes and started to return, but nothing more +has been heard of it At this time a great uneasiness became manifest +among the Castilians, and it was rumored that Magallanes was going to +deliver them over to the Portuguese; and they resolved to mutiny and +seize the ships. Magallanes upon obtaining information of this was +sorely grieved. He summoned the guilty ones before him one by one, +but they flatly refused to come. [219] He killed those of whom he +stood in fear, and gave their captaincies and duties to those whom he +thought proper. He continued his forward course although he had but +little food and water, and finally came in sight of an island which +was the island of Burneo. They tried to land there against the will +of the inhabitants. A great fight ensued, in which Magallanes and +many of his fighting men were killed, and when the fleet, deprived +of many men, was in such straits that it could easily have fallen +into the hands of the inhabitants of that land, a Portuguese pilot, +who had come with Magallanes, came to the rescue, took the tiller, +and turned the course of the vessel toward Maluco. He reached that +place and found there one of the followers of Don Tristan de Meneses +(may he rest in peace). They took him prisoner and obtained from him +all the information that they desired. Then they made their bargains +in detail and at the wish of those on land disposed of their red +caps and clothes which they had carried with them, in return for +which those on shore loaded their vessels; these left Maluco laden +with cloves, but in very poor condition as to their rigging and +hulls. They left two or three men with small boats and defenses, +and some shot to use for signals. It was their intention to go with +their ships through the islands of Maldiva because they considered +the course that they were taking dangerous. The weather, however, +compelled them to land at Burneo from which place one of the vessels +which was in the better condition started for those kingdoms, and may +God grant her safe arrival. The other vessel returned with sixty hands +to Maluco for it was leaking badly and not in a condition to undertake +the voyage. They resolved to make a stay at Maluco with the artillery +and wait there for news of the vessel which had left for Castilla which +may it please Our Lord not to bring to that place unless it be for his +service. All this news was had from two deck-hands of the same vessels, +who had remained at Burneo for fear of embarking in them while in so +poor condition. From this place Don Juan brought them to Timor where +Pedro Merino was in command of the soldiers, [220] and from there he +departed with these two deck-hands and brought them to Malaca where +he found Yñigo Lopez, who was about to leave. Joining with him they +both arrived in safety at Cochin with the Castilian deck-hands from +whom they obtained all the above information. + +[_Addressed:_ "Sacred Caesarean and Catholic Majesty."] + +[_Endorsed:_ "To his majesty, xxjx of August from Cochin, December +23, 1522. + +Advices of the voyage of Magallanes and of his death, and news from +Portuguese India."] + + + + +De Molvccis Insulis + + +Most Reverend and Illustrious Lord: my only Lord, to you I most humbly +commend myself. Not long ago one of those five ships returned which +the emperor, while he was at Saragossa some years ago, had sent into +a strange and hitherto unknown part of the world, to search for the +islands in which spices grow. For although the Portuguese bring us a +great quantity of them from the Golden Chersonesus, which we now call +Malacca, nevertheless their own Indian possessions produce none but +pepper. For it is well known that the other spices, as cinnamon, +cloves, and the nutmeg, which we call muscat, and its covering +[mace], which we call muscat-flower, are brought to their Indian +possessions from distant islands hitherto only known by name, in +ships held together not by iron fastenings, but merely by palm-leaves, +and having round sails also woven out of palm-fibres. Ships of this +sort they call "junks," and they are impelled by the wind only when +it blows directly fore or aft. + +Nor is it wonderful, that these islands have not been known to any +mortal, almost up to our time. For whatever statements of ancient +authors we have hitherto read with respect to the native soil of these +spices, are partly entirely fabulous, and partly so far from truth, +that the very regions, in which they asserted that these spices were +produced, are scarcely less distant from the countries in which it +is now ascertained that they grow, than we are ourselves. + +For, not to mention others, Herodotus, in other respects a very good +authority, states that cinnamon was found in birds' nests, into which +the birds had brought it from very distant regions, among which birds +he mentions especially the Phoenix--and I know not who has ever seen +the nest of a Phoenix. But Pliny, who might have been thought to have +had better means of knowing the facts, since long before his time many +discoveries had been made by the fleets of Alexander the Great, and +by other expeditions, states that cinnamon was produced in Ethiopia, +on the borders of the land of the Troglodytes. Whereas we know now +that cinnamon is produced at a very great distance from any part of +Ethiopia, and especially from the country of the Troglodytes, _i.e._ +dwellers in subterraneous caves. + +Now it was necessary for our sailors, who have recently returned, +who knew more about Ethiopia than about other countries, to sail round +the whole world and that in a very wide circuit, before they discovered +these islands and returned to Europe; and, since this voyage was a very +remarkable one, and neither in our own time, nor in any former age, has +such a voyage been accomplished, or even attempted, I have determined +to send your Lordship a full and accurate account of the expedition. + +I have taken much care in obtaining an account of the facts from the +commanding officer of the squadron, [221] and from the individual +sailors who have returned with him. They also made a statement to +the emperor, and to several other persons, with such good faith and +sincerity, that they appeared in their narrative, not merely to have +abstained from fabulous statements, but also to contradict and refute +the fabulous statements made by ancient authors. + +For who ever believed that the Monosceli, or Sciapodes [one-legged +men], the Scyrites, the Spithamæi [persons a span--seven and one-half +inches--high], the Pigmies [height thirteen and one-half inches], and +such-like were rather monsters than men? Yet, although the Castilians +in their voyages westwards, and the Portuguese sailing eastwards, +have sought out, discovered, and surveyed so many places even beyond +the Tropic of Capricorn, and now these countrymen of ours have sailed +completely round the world, none of them have found any trustworthy +evidence in favor of the existence of such monsters; and therefore +all such accounts ought to be regarded as fabulous, and as old wives' +tales, handed down from one writer to another without any basis of +truth. But, as I have to make a voyage round the world, I will not +extend my prefatory remarks, but will come at once to the point. + +Some thirty years ago, when the Castilians in the West, and the +Portuguese in the East, had begun to search after new and unknown +lands, in order to avoid any interference of one with the other, +the kings of these countries divided the whole world between them, +by the authority probably of Pope Alexander VI, on this plan, that a +line should be drawn from the north to the south pole through a point +three hundred and sixty leagues west of the Hesperides which they now +call Cape Verde Islands, which would divide the earth's surface into +two equal portions. All unknown lands hereafter discovered to the +east of this line were assigned to the Portuguese; all on the west +to the Castilians. Hence it came to pass that the Castilians always +sailed southwest, and there discovered a very extensive continent, +besides numerous large islands, abounding in gold, pearls, and other +valuable commodities; and have quite recently discovered a large inland +city named Tenoxtica [Mexico] situated in a lake like Venice. Peter +Martyr, [222] an author who is more careful as to the accuracy of +his statements than of the elegance of his style, has given a full +but truthful description of this city. But the Portuguese sailing +southward past the Hesperides [Cape Verde Islands] and the Fish-eating +Ethiopians [West Coast of Africa], crossed the Equator and the Tropic +of Capricorn, and sailing eastward discovered several, very large +islands heretofore unknown, and also the sources of the Nile and the +Troglodytes. Thence, by way of the Arabian and Persian Gulfs, they +arrived at the shores of India within the Ganges, where now there is +the very great trading station and the kingdom of Calicut. Hence they +sailed to Taprobane which is now called Zamatara [Sumatra]. For where +Ptolemy, Pliny, and other geographers placed Taprobane, there is now +no island which can possibly be identified with it. Thence they came +to the Golden Chersonesus, where now stands the well-peopled city of +Malacca, the principal place of business of the East. After this they +penetrated into a great gulf, as far as the nation of the Sinæ, who +are now called Schinæ [Chinese], where they found a fair-complexioned +and tolerably-civilized people, like our folks in Germany. They believe +that the Seres and Asiatic Scythians extend as far as these parts. + +And although there was a somewhat doubtful rumour afloat, that the +Portuguese had advanced so far to the east, that they had come to +the end of their own limits, and had passed over into the territory +appointed for the Castilians, and that Malacca and the Great Gulf +were within our limits, all this was more said than believed, until, +four years ago, Ferdinand Magellan, a distinguished Portuguese, +who had for many years sailed about the Eastern Seas as admiral +of the Portuguese fleet, having quarreled with his king, who he +considered had acted ungratefully towards him, and Christopher Haro, +brother of my father-in-law, of Lisbon, who had, through his agents +for many years carried on trade with those eastern countries, and +more recently with the Chinese, so that he was well acquainted with +these matters (he also, having been ill-used by the King of Portugal, +had returned to his native country, Castille), pointed out to the +emperor, that it was not yet clearly ascertained, whether Malacca +was within the boundaries of the Portuguese or of the Castillians, +because hitherto its longitude had not been definitely known; but +that it was an undoubted fact that the Great Gulf and the Chinese +nations were within the Castilian limits They asserted also that it +was absolutely certain, that the islands called the Moluccas, in which +all sorts of spices grow, and from which they were brought to Malacca, +were contained in the western, or Castilian division, and that it would +be possible to sail to them, and to bring the spices at less trouble +and expense from their native soil to Castille. The plan of the voyage +was to sail west, and then coasting the Southern Hemisphere round +the south of America to the east. Yet it appeared to be a difficult +undertaking, and one of which the practicability was doubtful. Not +that it was impossible, _prima facie_, to sail from the west round +the Southern Hemisphere to the east; but that it was uncertain, +whether ingenious Nature, all whose works are wisely conceived, had +so arranged the sea and the land that it might be possible to arrive +by this course at the Eastern Seas. For it had not been ascertained +whether that extensive region, which is called Terra Firma, separated +the Western Ocean [the Atlantic] from the Eastern [the Pacific]; but +it was plain that that continent extended in a southerly direction, +and afterwards inclined to the west. Moreover two regions had been +discovered in the north, one called Baccalearum from a new kind of +fish, [223] the other called Florida; and if these were connected +with Terra Firma, it would not be possible to pass from the Western +Ocean to the Eastern; since although much trouble had been taken to +discover any strait which might exist connecting the two oceans, none +had yet been found. At the same time it was considered that to attempt +to sail through the Portuguese concessions and the Eastern Seas would +be a hazardous enterprise, and dangerous in the highest degree. + +The emperor and his council considered that the plan proposed by +Magellan and Haro, though holding out considerable advantages, was one +of very considerable difficulty as to execution. After some delay, +Magellan offered to go out himself, but Haro undertook to fit out +a squadron at the expense of himself and his friends, provided that +they were allowed to sail under the authority and patronage of his +majesty. As each resolutely upheld his own scheme, the emperor himself +fitted out a squadron of five ships, and appointed Magellan to the +command. It was ordered that they should sail southwards by the coast +of Terra Firma, until they found either the end of that country or +some strait, by which they might arrive at the spice-bearing Moluccas. + +Accordingly on the tenth of August, 1519, Ferdinand Magellan with his +five ships sailed from Seville. In a few days they arrived at the +Fortunate Islands, now called the Canaries. Thence they sailed to +the islands of the Hesperides [Cape Verde]; and thence sailed in a +southwesterly direction towards that continent which I have already +mentioned [Terra Firma or South America], and after a favorable +voyage of a few days discovered a promontory, which they called +St. Mary's. Here admiral John Ruy Dias Solis, while exploring the +shores of this continent by command of King Ferdinand the Catholic, +was, with some of his companions, eaten by the Anthropophagi, whom the +Indians call Cannibals. Hence they coasted along this continent, which +extends far on southwards, and which I now think should be called the +Southern Polar land, then gradually slopes off in a westerly direction, +and so sailed several degrees south of the Tropic of Capricorn. But +it was not so easy for them to do it, as for me to relate it. For not +till the end of March in the following year, [1520] did they arrive at +a bay, which they called St. Julian's Bay. Here the Antarctic polestar +was forty-nine and one-third degrees above the horizon, this result +being deduced from the sun's declination and altitude, and this star +is principally used by our navigators for observations. They stated +that the longitude was fifty-six degrees west of the Canaries. [224] +For since the ancient geographers, and especially Ptolemy reckoned +the distance easterly from the Fortunate Islands [Canaries] as far +as Cattigara to be one hundred and eighty degrees, and our sailors +have sailed as far as possible in a westerly direction, they reckoned +the distance from the Canaries westward to Cattigara to be also one +hundred and eighty degrees. Yet even though our sailors in so long a +voyage and in one so distant from the land lay down and mark certain +signs and limits of the longitude; they appear to me rather to have +made some error in their method of reckoning of the longitude than +to have attained any trustworthy result. + +Meanwhile, however this may be, until more certain results are arrived +at, I do not think that their statements should be absolutely rejected, +but merely accepted provisionally. This bay appeared to be of great +extent, and had rather the appearance of a strait. Therefore admiral +Magellan directed two ships to survey the bay; and himself remained +with the rest at anchor. After two days, they returned, and reported +that the bay was shallow, and did not extend far inland. Our men on +their return saw some Indians gathering shell-fish on the sea-shore, +for the natives of all unknown countries are commonly called +Indians. These Indians were very tall, ten spans high [seven feet +six inches], clad in skins of wild beasts, darker-complexioned than +would have been expected in that part of the world; and when some of +our men went on shore and showed them bells and pictures, they began +to dance round our men with a hoarse noise and unintelligible chant, +and to excite our admiration they took arrows a cubit and a half long, +and put them down their own throats to the bottom of their stomachs +without seeming any the worse for it. Then they drew them up again, +and seemed much pleased at having shown their bravery. At length three +men came up as a deputation, and by means of signs requested our men +to come with them further inland, as though they would receive them +hospitably. Magellan sent with them seven men well equipped, to find +out as much as possible about the country and its inhabitants. These +seven went with the Indians some seven miles up the country, and came +to a desolate and pathless wood. Here was a very low-built cottage +roofed with skins of beasts. In it were two rooms, in one of which +dwelt the women and children, and in the other the men. The women and +children were thirteen in number, and the men five. These received +their guests with a barbarous entertainment, but which they considered +to be quite a royal one. For they slaughtered an animal much resembling +a wild ass, and set before our men half-roasted steaks of it, but no +other food or drink. Our men had to cover themselves at night with +skins, on account of the severity of the wind and snow. + +Before they went to sleep they arranged for a watch to be kept; +the Indians did the same and lay near our men by the fire, snoring +horribly. When day dawned, our men requested them to return with +them, accompanied by their families to our ships. When the Indians +persisted in refusing to do so, and our men had also persisted +somewhat imperiously in their demands, the men went into the women's +chamber. The Spaniards supposed that they had gone to consult their +wives about this expedition. But they came out again as if to battle, +wrapped up from bead to foot in hideous skins, with their faces painted +in various colours, and with bows and arrows, all ready for fighting, +and appearing taller than ever. The Spaniards, thinking a skirmish was +likely to take place, fired a gun. Although nobody was hit, yet these +enormous giants, who just before seemed as though they were ready to +fight and conquer Jove himself, were so alarmed at the sound, that +they began to sue for peace. It was arranged that three men, leaving +the rest behind, should return with our men to the ships, and so they +started. But as our men not only could not run as fast as the giants, +but could not even run as fast as the giants could walk, two of the +three, seeing a wild ass grazing on a mountain at some distance, +as they were going along, ran off after it and so escaped. The third +was brought to the ships, but in a few days he died, having starved +himself after the Indian fashion through homesickness. And although +the admiral returned to that cottage, in order to make another of the +giants prisoner, and bring him to the emperor, as a novelty, no one was +found there, as all of them had removed elsewhere, and the cottage had +disappeared. Hence it is plain that this nation is a nomad race, and +although our men remained some time in that bay, as we shall presently +mention, they never again saw an Indian on that coast; nor did they +think that there was anything in that country that would make it worth +while to explore the inland districts any further. And though Magellan +was convinced that a longer stay there would be of no use, yet since +for some days the sea was very rough and the weather tempestuous, and +the land extended still further southward, so that the farther they +advanced, the colder they would find the country, their departure was +unavoidably put off from day to day, till the month of May arrived, +at which time the winter sets in with great severity in those parts, +so much so, that, though it was our summer-time, they had to make +preparations for wintering there. Magellan, perceiving that the voyage +would be a long one, in order that the provisions might last longer, +ordered the rations to be diminished. The Spaniards endured this with +patience for some days, but alarmed at the length of the winter and +the barrenness of the land, at last petitioned their admiral Magellan, +saying that it was evident that this continent extended an indefinite +distance south-wards, and that there was no hope of discovering the +end of it, or of discovering a strait; that a hard winter was setting +in, and that several men had already died through scanty food and +the hardships of the voyage; that they would not long be able to +endure that restriction of provisions which he had enacted; that +the emperor never intended that they should obstinately persevere in +attempting to do what the natural circumstances of the case rendered +it impossible to accomplish; that the toils they had already endured +would be acknowledged and approved, since they had already advanced +further than the boldest and most adventurous navigators had dared to +do; that, if a south wind should spring up in a few days, they might +easily sail to the north, and arrive at a milder climate. In reply, +Magellan, who had already made up his mind either to carry out his +design, or to die in the attempt, said that the emperor had ordered +him to sail according to a certain plan, from which he could not and +would not depart on any consideration whatever, and that therefore +he should continue this voyage till he found either the end of this +continent, or a strait. That though he could not do this at present, +as the winter prevented him, yet it would be easy enough in the summer +of this region; that if they would only sail along the coast to the +south, the summer would be all one perpetual day; that they had means +of providing against want of food and the inclemency of the weather, +inasmuch as there was a great quantity of wood, that the sea produced +shell-fish, and numerous sorts of excellent fish; that there were +springs of good water, and they could also help their stores by hunting +and by shooting wild fowl; that bread and wine had not yet run short, +and would not run short in future, provided that they used them for +necessity and for the preservation of health, and not for pleasure +and luxury: that nothing had yet been done worthy of much admiration, +nor such as could give them a reasonable ground for returning; that +the Portuguese not only yearly, but almost daily, in their voyages +to the east, made no difficulty about sailing twelve degrees south +of the tropic of Capricorn: what had they then to boast of, when +they had only advanced some four degrees south of it; that he, for +his part, had made up his mind to suffer anything that might happen, +rather than to return to Spain with disgrace; that he believed that +his companions, or at any rate, those in whom the generous spirit of +Spaniards was not totally extinct, were of the same way of thinking: +that he had only to exhort them fearlessly to face the remainder +of winter; that the greater their hardships and dangers were, the +richer their reward would be for having opened up for the emperor a +new world rich in spices and gold. + +Magellan thought that by this address he had soothed and encouraged the +minds of his men, but within a few days he was troubled by a wicked +and disgraceful mutiny. For the sailors began to talk to one another +of the long-standing ill-feeling existing between the Portuguese and +the Castilians, and of Magellan's being a Portuguese; that there was +nothing that he could do more to the credit of his own country than +to lose this fleet with so many men on board: that it was not to be +believed that he wished to find the Moluccas, even if he could, but +that he would think it enough if he could delude the emperor for some +years by holding out vain hopes, and that in the meanwhile something +new would turn up, whereby the Castilians might be completely put out +of the way of looking for spices: nor indeed was the direction of +the voyage really towards the fertile Molucca islands, but towards +snow and ice and everlasting bad weather. Magellan was exceedingly +irritated by these conversations, and punished some of the men, +but with somewhat more severity than was becoming to a foreigner, +especially to one holding command in a distant part of the world. So +they mutinied and took possession of one of the ships, and began to +make preparations to return to Spain, but Magellan, with the rest +of his men who had remained faithful to him, boarded that ship, +and executed the ringleader and other leading mutineers, even some +who could not legally be so treated: for they were royal officials, +who were only liable to capital punishment by the emperor and his +council. However under the circumstances no one ventured to resist. Yet +there were some, who whispered to one another, that Magellan would go +on exercising the same severity amongst the Castilians, as long as one +was left, until having got rid of everyone of them, he could sail home +to his own country again with the few Portuguese he had with him. The +Castilians therefore remained still more hostile to the admiral. As +soon as Magellan observed that the weather was less stormy and that +winter began to break up, he sailed out of St. Julian's Bay on the +twenty-fourth of August, 1520, as before. For some days he coasted +along to the southward and at last sighted a cape, which they called +Cape Santa Cruz. Here a storm from the east caught them, and one of the +five ships was driven on shore and wrecked, but the crew and all goods +on board were saved, except an African slave, who was drowned. After +this the coast seemed to stretch a little south eastwards, and as +they continued to explore it, on the twenty-sixth of November [1520] +an opening was observed having the appearance of a strait; Magellan +at once sailed in with his whole fleet, and seeing several bays in +various directions, directed three of the ships to cruise about to +ascertain whether there was any way through, undertaking to wait for +them five days at the entrance of the strait, so that they might report +what success they had. One of these ships was commanded by Alvaro de +Mezquita, son of Magellan's brother, and this by the windings of the +channel came out again into the ocean whence it had set out. When +the Spaniards [225] saw that they were at a considerable distance +from the other ships, they plotted among themselves to return home, +and having put Alvaro their captain in irons, they sailed northwards, +and at last reached the coast of Africa, and there took in provisions, +and eight months after leaving the other ships they arrived in Spain, +where they brought Alvaro to trial on the charge that it had chiefly +been through his advice and persuasion that his uncle Magellan had +adopted such severe measures against the Castilians. Magellan waited +some days over the appointed time for this ship, and meanwhile one +ship had returned, and reported that they had found nothing but +a shallow bay, and the shores stony and with high cliffs; but the +other reported that the greatest bay had the appearance of a strait, +as they had sailed on for three days and had found no way out, but +that the further they went the narrower the passage became, and it +was so deep, that in many places they sounded without finding the +bottom; they also noticed from the tide of the sea, that the flow +was somewhat stronger than the ebb, and thence they conjectured +that there was a passage that way into some other sea. On hearing +this Magellan determined to sail along this channel. This strait, +though not then known to be such, was of the breadth in some places +of three, in others of two, in others of five or ten Italian miles, +[226] and inclined slightly to the west. The latitude south was found +to be fifty-two degrees, the longitude they estimated as the same as +that of St. Julian's Bay. It being now hard upon the month of November, +the length of the night was not much more than five hours; they saw no +one on the shore. One night however a great number of fires was seen, +especially on the left side, whence they conjectured that they had +been seen by the inhabitants of those regions. But Magellan, seeing +that the land was craggy, and bleak with perpetual winter, did not +think it worth while to spend his time in exploring it, and so with +his three ships continued, his voyage along the channel, until on the +twenty-second day after he had set sail, he came out into another +vast and open sea: the length of the strait they reckoned at about +one hundred Spanish miles. The land which they had to the right was +no doubt the continent we have before mentioned [South America]. On +the left hand they thought that there was no continent, but only +islands, as they occasionally heard on that side the reverberation +and roar of the sea at a more distant part of the coast. Magellan saw +that the main land extended due north, and therefore gave orders to +turn away from that great continent, leaving it on the right hand, +and to sail over that vast and extensive ocean, which had probably +never been traversed by our ships or by those of any other nation, +in a northwesterly direction, so that they might arrive at last at the +Eastern Ocean, coming at it from the west, and again enter the torrid +zone, for he was satisfied that the Moluccas were in the extreme east, +and could not be far off the equator. They continued in this course, +never deviating from it, except when compelled to do so now and then +by the force of the wind; and when they had sailed on this course for +forty days across the ocean with a strong wind, mostly favourable, +and had seen nothing all around them but sea, and had now almost +reached again the Tropic of Capricorn, they came in sight of two +islands, [227] small and barren, and on directing their course to +them found that they were uninhabited; but they stayed there two +days for repose and refreshment, as plenty of fish was to be caught +there. However they unanimously agreed to call these islands the +Unfortunate Islands. Then they set sail again, and continued on the +same course as before. After sailing for three months and twenty days +with good fortune over this ocean, and having traversed a distance +almost too long to estimate, having had a strong wind aft almost the +whole of the time, and having again crossed the equator, they saw an +island, which they afterwards learnt from the neighboring people was +called Inuagana. [228] When they came nearer to it, they found the +latitude to be eleven degrees north; the longitude they reckoned to +be one hundred and fifty-eight degrees west of Cadiz. From this point +they saw more and more islands, so that they found themselves in an +extensive archipelago, but on arriving at Inuagana, they found it was +uninhabited. Then they sailed towards another small island, where they +saw two Indian canoes, for such is the Indian name of these strange +boats; these canoes are scooped out of the single trunk of a tree, +and hold one or at most two persons; and they are used to talk with +each other by signs, like dumb people. They asked the Indians what the +names of the islands were, and whence provisions could be procured, +of which they were very deficient; they were given to understand that +the first island they had seen was called Inuagana, that near which +they then were, Acacan, [229] but that both were uninhabited; but that +there was another island almost in sight, in the direction of which +they pointed, called Selani, [230] and that abundance of provisions +of all sorts was to be had there. Our men took in water at Acacan, and +then sailed towards Selani, but a storm caught them so that they could +not land there, but they were driven to another island called Massana, +[231] where the king of three islands resides. From this island they +sailed to Subuth [Zebu], a very large island, and well supplied, where +having come to a friendly arrangement with the chief they immediately +landed to celebrate divine worship according to Christian usage--for +the festival of the resurrection of Him who has saved us was at +hand. Accordingly with some of the sails of the ships and branches +of trees they erected a chapel, and in it constructed an altar in +the Christian fashion, and divine service was duly performed. The +chief and a large crowd of Indians came up, and seemed much pleased +with these religious rites They brought the admiral and some of the +officers into the chief's cabin, and set before them what food they +had. The bread was made of sago, which is obtained from the trunk of a +tree not much unlike the palm. This is chopped up small, and fried in +oil, and used as bread, a specimen of which I send to your lordship; +their drink was a liquor which flows from the branches of palm-trees +when cut, some birds also were served up at this meal; and also some +of the fruit of the country. Magellan having noticed in the chief's +house a sick person in a very wasted condition, asked who he was and +from what disease he was suffering. He was told that it was the chief's +grandson, and that he had been suffering for two years from a violent +fever. Magellan exhorted him to be of good courage, that if he would +devote himself to Christ, he would immediately recover his former +health and strength. The Indian consented and adored the cross, and +received baptism, and the next day declared that he was well again, +rose from his bed, and walked about, and took his meals like the +others. What visions he may have told to his friends I cannot say; +but the chief and over twenty-two hundred Indians were baptized and +professed the name and faith of Christ. Magellan seeing that this +island was rich in gold and ginger, and that it was so conveniently +situated with respect to the neighboring islands, that it would be +easy, making this his headquarters, to explore their resources and +natural productions, he therefore went to the chief of Subuth and +suggested to him, that since he had turned away from the foolish and +impious worship of false gods to the Christian religion, it would be +proper that the chiefs of the neighboring islands should obey his rule; +that he had determined to send envoys for this purpose, and if any of +the chiefs should refuse to obey this summons, to compel them to do +so by force of arms. The proposal pleased the savage, and the envoys +were sent: the chiefs came in one by one and did homage to the chief +of Subuth in the manner adopted in those countries. But the nearest +island to Subuth is called Mauthan [Matan], and its king was superior +in military force to the other chiefs; and he declined to do homage +to one whom he had been accustomed to command for so long. Magellan, +anxious to carry out his plan, ordered forty of his men, whom he could +rely on for valor and military skill, to arm themselves, and passed +over to the island Mauthan in boats, for it was very near. The chief +of Subuth furnished him with some of his own people, to guide him +as to the topography of the island and the character of the country, +and, if it should be necessary, to help him in the battle. The king of +Mauthan, seeing the arrival of our men, led into the field some three +thousand of his people. Magellan drew up his own men and what artillery +he had, though his force was somewhat small, on the shore, and although +he saw that his own force was much inferior in numbers, and that his +opponents were a warlike race, and were equipped with lances and other +weapons, nevertheless thought it more advisable to face the enemy with +them, than to retreat, or to avail himself of the aid of the Subuth +islanders. Accordingly he exhorted his men to take courage, and not +to be alarmed at the superior force of the enemy; since it had often +been the case, as had recently happened in the island [peninsula] +of Yucatan, that two hundred Spaniards had routed two or even three +hundred thousand Indians. He said to the Subuth islanders, that he +had not brought them with him to fight, but to see the valour and +military prowess of his men. Then he attacked the Mauthan islanders, +and both sides fought boldly; but as the enemy surpassed our men +in number, and used longer lances, to the great damage of our men, +at last Magellan himself was thrust through and slain. [232] Although +the survivors did not consider themselves fairly beaten, yet, as they +had lost their leader, they retreated; but, as they retreated in good +order, the enemy did not venture to pursue them. The Spaniards then, +having lost their admiral, Magellan, and seven of their comrades, +returned to Subuth, where they chose as their new admiral John Serrano, +a man of no contemptible ability. He renewed the alliance with the +chief of Subuth, by making him additional presents, and undertook to +conquer the king of Mauthan. Magellan had been the owner of a slave, +a native of the Moluccas, whom he had formerly bought in Malacca; +and by means of this slave, who was able to speak Spanish fluently, +and of an interpreter of Subuth, who could speak the Moluccan language, +our men carried on their negotiations. This slave had taken part in +the fight with the Mauthan islanders, and had been slightly wounded, +for which reason he lay by all day intending to nurse himself. Serrano, +who could do no business without his help, rated him soundly, and +told him that though his master Magellan was dead, he was still a +slave, and that he would find that such was the case, and would get +a good flogging into the bargain, if he did not exert himself and do +what was required of him more zealously. This speech much incensed +the slave against our people: but he concealed his anger and in +a few days he went to the chief of Subuth, and told him that the +avarice of the Spaniards was insatiable: that they had determined, +as soon as they should have defeated the king of Mauthan, to turn +round upon him, and take him away as a prisoner; and that the only +course for him [the chief of Subuth] to adopt was to anticipate +treachery by treachery. The savage believed this, and secretly came +to an understanding with the king of Mauthan, and made arrangements +with him for common action against our people. Admiral Serrano, +and twenty-seven of the principal officers and men, were invited to +a solemn banquet. These, quite unsuspectingly, for the natives had +carefully dissembled their intentions, went on shore without any +precautions, to take their dinner with the chief. While they were +at table, some armed men, who had been concealed close by, ran in +and slew them. A great outcry was made: it was reported in our ships +that our men were killed, and that the whole island was hostile to +us; our men saw, from on board the ships, that the handsome cross, +which they had set up in a tree, was torn down by the natives and cut +up into fragments. When the Spaniards, who had remained on board, +heard of the slaughter of our men, they feared further treachery: +so they weighed anchor and began to set sail without delay. Soon +afterwards Serrano was brought to the coast a prisoner; he entreated +them to deliver him from so miserable a captivity, saying that he +had got leave to be ransomed, if his men would agree to it. Although +our men thought it was disgraceful to leave their commander behind +in this way, their fear of the treachery of the islanders was so +great, that they put out to sea, leaving Serrano on the shore in vain +lamenting and beseeching his comrades to rescue him. The Spaniards, +having lost their commander and several of their comrades, sailed on +sad and anxious, not merely on account of the loss they had suffered, +but also because their numbers had been so diminished, that it was +no longer possible to work the three remaining ships. + +On this question they consulted together, and unanimously came to the +conclusion, that the best plan would be to burn one of the ships, +and to sail home in the two remaining. They therefore sailed to a +neighboring island, called Cohol [Bohol], and having put the rigging +and stores of one of the ships on board the two others, set it on +fire. Hence they proceeded to the island of Gibeth. [233] Although +they found that this island was well supplied with gold and ginger +and many other things, they did not think it desirable to stay there +any length of time, as they could not establish friendly relations +with the natives; and they were too few in number to venture to use +force. From Gibeth they proceeded to the island of Porne [Borneo]. In +this archipelago there are two large islands: one of which is called +Siloli [Gilolo], whose king had six hundred children. Siloli is larger +than Porne, for Siloli can hardly be circumnavigated in six months, +but Porne in three months. Although Siloli is larger than Porne, +yet the latter is more fertile, and distinguished as containing a +large city of the same name as the island. And since Porne must be +considered to be more important than the other islands, which they +had hitherto visited, and it was from it that the other islanders +had learnt the arts of civilized life, I have determined to describe +briefly the manners and customs of these nations. All these islanders +are Caphrae or Kafirs, _i.e.,_ heathens, they worship the sun and moon +as gods; they assign the government of the day to the sun, and that +of the night to the moon; the sun they consider to be male, and the +moon female, and that they are the parents of the other stars, all +of which they consider to be gods, though little ones. They salute, +rather than adore, the rising sun, with certain hymns. Also they +salute the bright moon at night, from whom they ask for children, +for the increase of their flocks and herds, for an abundant supply of +the fruits of the earth, and for other things of that sort. But they +practice piety and justice: and especially love peace and quiet, and +have great aversion to war. As long as their king maintains peace, they +show him divine honours: but if he is anxious for war, they never rest +till he is slain by the enemy in battle. When the king has determined +on war, which very seldom happens, his men set him in the front rank, +where he has to stand the whole brunt of the combat; and they do not +exert themselves vigorously against the enemy, till they know that +the king has fallen: then they begin to fight for liberty and for +their new king: nor has any king of theirs entered on a war without +being slain in battle. For this reason they seldom engage in war, and +they think it unjust to extend their frontiers. Their chief care is to +avoid giving offence to the neighboring nations or to strangers. But if +at any time they are attacked, they retaliate; and yet, lest further +ill should arise, they at once endeavor to come to terms. They think +that party acts most creditably, which is the first to propose terms +of peace; that it is disgraceful to be anticipated in so doing; and +that it is scandalous and detestable to refuse peace to those who ask +for it, even though the latter should have been the aggressors: all +the neighboring people unite in destroying such refusers of peace as +impious and abominable. Hence they mostly pass their lives in peace +and leisure. Robberies and murders are quite unknown among them. No +one may speak to the king but his wives and children, except at a +distance by hollow canes, which they apply to his ear, and through +which they whisper what they have to say. They think that at death +men have no perception as they had none before they were born. Their +houses are small, built of wood and earth, covered partly with rubble +and partly with palm-leaves. It is ascertained that there are twenty +thousand houses in the city of Porne. They marry as many wives as +they can afford to keep; they eat birds and fish; make bread of rice; +and drink a liquor drawn from the palm tree--of which we have spoken +before. Some carry on trade with the neighbouring islands, to which +they sail in junks, some are employed in hunting and shooting, some in +fishing, some in agriculture: their clothes are made of cotton. Their +animals are nearly the same as ours, excepting sheep, oxen, and asses: +their horses are very slight and small. They have a great supply of +camphor, ginger, and cinnamon. On leaving this island our men, having +paid their respects to the king, and propitiated him by presents, +sailed to the Moluccas, their way to which had been pointed out to +them by the king. Then they came to the coast of the island of Solo, +[234] where they heard that pearls were to be found as large as doves' +eggs, or even hens' eggs, but that they were only to be had in very +deep water. Our men did not bring home any single large pearl, as they +were not there at the season of the year for pearl-fishing. They said +however that they found an oyster there the flesh of which weighed +forty-seven pounds. Hence I should be disposed to believe that pearls +of the size mentioned would be found there; for it is certain that +large pearls are found in oysters. And, not to forget it, I will add +that our men reported that the islanders of Porne asserted that the +king wore two pearls in his crown as large as goose eggs. After this +they came to the island of Gilona, where they saw some men with such +long ears, that they reached down to their shoulders; and when they +expressed their astonishment, the natives told them, that in an island +not far off, there were men, who had such long and wide ears, that one +ear could, when they liked, cover the whole of their heads. But as our +men were not in search of monsters but of spices, they did not trouble +themselves about such rubbish, but sailed direct for the Moluccas, +where they arrived in the eighth month after their admiral Magellan had +been slain in the island of Mauthan. The islands are five in number, +and are called, Tarante, Muthil, Thedori, Mare, and Matthien, [235] +situated partly to the north, partly to the south, and partly on the +equator; the productions are cloves, nutmegs, and cinnamon: they are +all close together, but of small extent. A few years ago the kings [of] +Marmin began to believe that the soul is immortal. They were induced +to believe this solely from the following reason, that they observed +that a certain very beautiful small bird never settled on the earth, +or on anything that was on the earth; but that these birds sometimes +fell dead from the sky to the earth. And when the Mohammedans, who +visited them for trading purposes, declared that these birds came from +Paradise, the place of abode of departed souls, these princes adopted +the Mohammedan faith, which makes wonderful promises respecting this +same paradise. They call this bird Mamuco Diata; and they venerate it +so highly, that the kings think themselves safe in battle under their +protection, even when, according to their custom, they are placed in +the front line of the army in battle. The common people are Kafirs, +and have much the same manners and customs as the islanders of Porne, +already spoken of; they are much in need of supplies from abroad, +inasmuch as their country only produces spices, which they willingly +exchange for the poisonous articles arsenic and sublimated mercury, +and for the linen which they generally wear; but what use they make of +these poisons has not yet been ascertained. They live on sago-bread, +fish, and sometimes parrots; they live in very low-built cabins: in +short, all they esteem and value is peace, leisure, and spices. The +former, the greatest of blessings, the wickedness of mankind seems to +have banished from our part of the world to theirs: but our avarice +and insatiable desire of the luxuries of the table has urged us to +seek for spices even in those distant lands. To such a degree has +the perversity of human nature persisted in driving away as far as +possible that which is conducive to happiness, and in seeking for +articles of luxury in the remotest parts of the world. Our men having +carefully examined the position of the Moluccas, and of each separate +island, and also into the characters of the chiefs, sailed to Thedori, +because they understood that this island produced a greater abundance +of cloves than the others, and also that the king excelled the other +kings in prudence and humanity. Providing themselves with presents +they went on shore, and paid their respect to the king, and handed +him the presents as the gift of the emperor. He accepted the presents +graciously, and looking up to heaven said, "It is now two years since +I learnt from observation of the stars that you were sent by the great +King of kings to seek for these lands. Wherefore your arrival is the +more agreeable to me, inasmuch as it has already been foreseen from the +signification of the stars. And since I know that nothing happens to +man, which has not long since been ordained by the decree of Fate and +of the stars, I will not be the man to resist the determinations of +Fate and the stars, but will spontaneously abdicate my royal power, +and consider myself for the future, as carrying on the government +of this island as your king's viceroy. So bring your ships into the +harbour, and order the rest of your companions to land in safety, so +that now after so much tossing about on the sea, and so many dangers, +you may securely enjoy the comforts of life on shore, and recruit your +strength; and consider yourselves to be coming into your own king's +dominions." Having thus spoken, the king laid aside his diadem, and +embraced each of our men, and directed such refreshments as the country +produced to be set on table. Our men, delighted at this, returned +to their companions, and told them what had taken place. They were +much delighted by the graciousness and benevolence of the king, and +took up their quarters in the island. When they had been entertained +for some days by the king's munificence, they sent envoys thence +to the other kings, to investigate the resources of the islands, +and to secure the good will of the chiefs. Tarante was the nearest; +it is a very small island, its circumference being a little over six +Italian miles. The next is Matthien, and that also is small. These +three produce a great quantity of cloves, but every fourth year +the crop is far larger than at other times. These trees only grow +on precipitous rocks, and they grow so close together as to form +groves. The tree resembles the laurel as regards its leaves, its +closeness of growth, and its height; the clove, so called from its +resemblance to a nail [Latin, _clavus_] grows at the very tip of +each twig; first a bud appears, and then a blossom much like that of +the orange; the point of the clove first shows itself at the end of +the twig, until it attains its full growth; at first it is reddish, +but the heat of the sun soon turns it black. The natives share groves +of this tree among themselves, just as we do vineyards: they keep the +cloves in pits, till the merchants fetch them away. The fourth island, +Muthil, is no larger than the rest. This island produces cinnamon; the +tree is full of shoots, and in other respects fruitless, it thrives +best in a dry soil, and is very much like the pomegranate tree. When +the bark cracks through the heat of the sun, it is pulled off the +tree, and being dried in the sun a short time becomes cinnamon. Near +Muthil is another island, called Bada [Badjan or Batchian], more +extensive than the Moluccas; in it the nutmeg grows. The tree is +tall and wide-spreading, a good deal like a walnut tree; the fruit +too is produced just in the same way as a walnut, being protected +by a double covering, first a soft envelope, and under this a +thin reticulated membrane which encloses the nut. This membrane we +call Muskatblüthe, the Spaniards call it mace, it is an excellent +and wholesome spice. Within this is a hard shell, like that of a +filbert, inside which is the nutmeg properly so called. Ginger also +is produced in all the islands of this archipelago: some is sown, +some grows spontaneously; but the sown ginger is the best. The plant +is like the saffron-plant, and its root, which resembles the root of +saffron, is what we call ginger. Our men were kindly received by the +various chiefs, who all, after the example of the King of Thedori, +spontaneously submitted themselves to the imperial government. But +the Spaniards, having now only two ships, determined to bring with +them specimens of all sorts of spices, etc., but to load the ships +mainly with cloves, because there had been a very abundant crop of it +this season, and the ships could contain a great quantity of this kind +of spice. Having laden their ships with cloves, and received letters +and presents from the chiefs to the emperor, they prepared to sail +away. The letters were filled with assurances of fidelity and respect: +the gifts were Indian swords, etc. The most remarkable curiosities +were some of the birds, called Mamuco Diata, that is the Bird of God, +with which they think themselves safe and invincible in battle. Five of +these were sent, one of which I procured from the captain of the ship, +and now send it to your lordship--not that you will think it a defence +against treachery and violence, but because you will be pleased with +its rarity and beauty. I also send some cinnamon, nutmegs, and cloves, +that you may see that our spices are not only not inferior to those +imported by the Venetians and Portuguese, but of superior quality, +because they are fresher. Soon after our men had sailed from Thedori, +the larger of the two ships [the Trinidad] sprang a leak, which let +in so much water, that they were obliged to return to Thedori. The +Spaniards seeing that this defect could not be put right except with +much labor and loss of time, agreed that the other ship [the Victoria] +should sail to the Cape of Cattigara, thence across the ocean as far +as possible from the Indian coast, lest they should be seen by the +Portuguese, until they came in sight of the southern point of Africa, +beyond the tropic of Capricorn, which the Portuguese call the Cape of +Good Hope, for thence the voyage to Spain would be easy. It was also +arranged that, when the repairs of the other ship were completed, +it should sail back through the archipelago and the Vast [Pacific] +Ocean to the coast of the continent which we have already mentioned +[South America], until they came to the Isthmus of Darien, where +only a narrow neck of land divides the South Sea from the Western +Sea, in which are the islands belonging to Spain. The smaller ship +accordingly set sail again from Thedori, and though they went as far +as twelve degrees south, they did not find Cattigara, [236] which +Ptolemy considered to lie considerably south of the equator; however +after a long voyage, they arrived in sight of the Cape of Good Hope, +and thence sailed to the Cape Verde Islands. Here this ship also, +after having been so long at sea, began to be leaky, and the men, +who had lost several of their companions through hardships in the +course of their adventures, were unable to keep the water pumped +out. They therefore landed at one of the islands called Santiago, to +buy slaves. As our men, sailor-like, had no money, they offered cloves +in exchange for slaves. When the Portuguese officials heard of this, +they committed thirteen of our men to prison. The rest, eighteen +in number, being alarmed at the position in which they found +themselves, left their companions behind, and sailed direct to +Spain. Sixteen months after they had sailed from Thedori, on the sixth +of September 1522 they arrived safe and sound at a port [San Lucar] +near Seville. These sailors are certainly more worthy of perpetual +fame, than the Argonauts who sailed with Jason to Colchis; and the +ship itself deserves to be placed among the constellations more than +the ship Argo. For the Argo only sailed from Greece through the Black +Sea; but our ship setting put from Seville sailed first southwards, +then through the whole of the West, into the Eastern Seas, then back +again into the Western. + +I humbly commend myself to your Most Reverend Lordship. + +Written at Valladolid twenty-fourth of October 1522. + +Your Most Reverend and Most Illustrious Lordship's + +Most humble and perpetual servant, + +_Maximilianus Transylvanus_. + +Cologne--[printed] at the house of Eucharius Cervicornus. A.D. 1523--in +the month of January. + + + + +Bibliographical Data + + +_The Line of Demarcation_ + +_Papal Bulls of 1493_.--The originals of the bulls of May 3 and 4 +exist in the archives of the Vatican; and authenticated copies are +in the Archivo general de Indias at Seville, their pressmark being +"Patronato, Simancas--Bulas; Est. 1, caj. 1, leg. 1." The Archivo +Nacional of Lisbon (which is housed in the Torre do Tombo) has +one of the originals of the Bull of May 4--pressmark, "Gaveta 10, +maco 11, n°. 16." The _Inter cætera_ of May 3 was not known to be in +existence until 1797, when it was discovered by Muñoz in the Simancas +archives (from which many documents have since been transferred +to the archives at Seville); in recent years it has been found in +those of the Vatican also. There is in the British Museum a MS. copy +(in Spanish translation) of the Bull of May 4--its pressmark being +"Papeles varias de Indias, 13,977." The Bull of September 25 is +known only through the Spanish translation made (August 30, 1554) +by Grecian de Aldrete, secretary of Felipe II of Spain; this is at +Seville, with pressmark as above. Harrisse could not find the Latin +original of this document at Simancas Seville, or Rome. For the bulls +of May 3 and 4 our translation is made from the Latin text given in +Heywood's _Documenta selecta et tabulario secreto Vaticano_ (Roma, +1893), pp.14-26; that contains also photographic facsimiles of the +original bulls. Certain formal ecclesiastical phrases which Heywood +only indicates by "etc." have been, for the sake of completeness, +translated in full in the first bull. The bulls are also published in +Raynaldi's _Annales ecclesiastici_ (Lucæ, Typis Leonardi Venturini, +MDCCLIV), xi, pp. 213-215; Hernaez's _Coleción de bulas, breves_, +etc. (Bruselas, 1879), i, pp. 12-16; _Doc. inéd. Amér. y Oceania_, +xxxiv, pp. 14-21; and in _Fonti Italiani_ (Roma, 1892), part iii. The +bull _Inter cætera_ of May 3 may also be found in Navarrete's _Col. de +viages_, ii, pp. 23-27 (ed. 1825; or pp. 29-33, ed. 1859); _Eximiæ_ +of same date, in Solorzano's _De jure Indiarum_ (Madrid, 1629), i, +pp. 612, 613. _Inter cætera_ of May 4 is also given in Solorzano, +p. 610; _Alguns documentos_, (Lisboa, MDCCCXCII), pp. 65-68; and +Calvo's _Recueil complet de traités de l'Amérique latine_ (Paris, +1862), i (premiere période), pp. 1-15, in both Latin and Spanish +versions. For the Bull of September 25 we have used the Spanish +text, which Navarrete gives _ut supra_, pp. 404-406 (449-451, +2d ed.)--Solorzano's Latin version, which has been followed by +Hernaez and other editors, being probably only a retranslation +from the Spanish. For good discussions of these bulls and of the +Demarcation Line, with abundant citations of authorities, see Bourne's +"Demarcation Line of Pope Alexander VI," in _Amer. Hist. Assn. Rep_., +1891, pp. 101-130 (republished in _Yale Review_, May, 1892), and in +his _Essays in Historical Criticism_ (N. Y., 1901), pp. 193-217; +S.E. Dawson's "Lines of Demarcation of Pope Alexander VI, and the +Treaty of Tordesillas," in _Canad. Roy. Soc. Trans_., 1899, sec. ii, +pp. 467-546; and Harrisse's _Diplomatic History of America_ (London, +1897). + +_Treaty of Tordesillas_ (June 7, 1494).--The original MS. of this +document is in the Seville archives--pressmark, "Simancas--Bulas; +est. 1, caj. 1, leg. 1." It is also found in the Torre do Tombo +of Lisbon--its pressmark being "Gaveta 17, maço 2, n°. 24;" there +is another copy--pressmark "Gaveta 18, maço 2, n°. 2"--apparently +a duplicate of the former. The text of the treaty is published in +G. F_a_ de Martens's _Traités de l'Europe, Supplément_ (Gottingue, +1802), i, pp. 372-388; Navarrete's _Col. de viages_, ii, pp. 130-143 +(147-162, 2nd ed.); _Alguns documentos,_ pp. 69-80; Calvo's _Recueil +de traités_, i, pp. 16-36; and _Doc. inéd. Amér. y Oceania_, xxxvi, +pp. 54-74. Our translation is made from the version in _Alguns +documentos_, as that most closely following the original; and in +foot-notes are indicated some of the variations of Navarrete's text +from that in _Alguns documentos_. + +_Compact between the monarchs of Spain and Portugal_ (April 15, +1495).--The original MS. of this document is in the Seville +archives "Patronato Real." We translate from Navarrete, _ut +supra_, ii, pp. 170-173 (192-195, 2d ed.). It is published also in +_Doc. inéd. Amér. y Oceania_, xxxviii, pp. 336-341. + +_Papal Bull, Præcelsæ_ (Nov. 3, 1514).--The original of this bull +exists in Torre do Tombo, Lisbon--pressmark, "Maço 20 de bullas, +n°. 18;" it is written on parchment, and covers twenty folios. It +is printed in full in _Corpo diplomatico portuguez_ (Lisboa, 1862), +i, pp. 275-298; and a brief synopsis is given (in Portuguese) in +_Alguns documentos_, p. 366. We present a similar synopsis, with a +short extract from the bull. + +_Letters of Cárlos I_ (1523).--The originals of these documents are in +the Seville archives, in "Patronato Real." We translate from the text +in Navarrete, _ut supra_, vol. iv (1837), as follows: instructions +to the ambassadors, pp. 301-305; letter to Zúñiga, pp. 312-320. + +_Treaty of Vitoria_ (Feb. 19, 1524).--The original is in the +Seville archives--pressmark, "Papeles del Maluco, de 1519 á 1547, +leg°. 1°." The translation here published is made from Navarrete, +_ut supra_, pp. 320-326. + +_Junta of Badajoz_ (April-May, 1524).--The originals of these documents +are at Seville, in the "Patronato Real." The copies made therefrom +by Juan Bautista Muñoz, in pursuance of orders given him by Cárlos +IV to write a history of Spanish discovery and conquest, are in the +library of the Real Academia de la Historia, Madrid. Our translations +and synopses are made from Navarrete's text, _ut supra_, as follows: +extract from the records of possession and ownership, pp. 355-368; +opinions of Spanish astronomers and pilots, pp. 333-355; letters to +Spanish deputies, pp. 326-333. + +_Treaty of Zaragoza_ (April 22, 1529).--The original of this +document is in Torre do Tombo, Lisbon--pressmark, "Gaveta 18, maco 8, +n°. 29." Our translation is made from the text in _Alguns documentos_, +pp. 495-512. This treaty has been published also in Navarrete, _ut +supra_, pp. 389-406; and in Martens's _Supp. Traités de l'Europe_, +i, pp. 398-421. It was appended to the treaty of 1750 between Spain +and Portugal. + +_Papal Bull, Eximiæ_ (Nov. 16, 1501) + +Our translation is made from Navarrete, _ut supra_, ii, pp. 408, 409 +(454, 455, 2d ed.). The bull is published also in Hernaez's _Col. de +bulas_, i, pp. 20-25; and in _Doc. inéd. Amér. y Oceania_ xxxiv, +pp. 22-29. + +_Life and Voyage of Fernao de Magalhaes_ + +Our résumé of various contemporary documents is made from Navarrete, +_ut supra_, iv (1837), pp. 110-406. The MS. of the letter of +authorization to Falero and Magallánes is in Torre do Tombo, +Lisbon--pressmark, "Gaveta 18, maço 8, n°. 39." It is published in +_Alguns documentos_, pp. 418, 419, from which our translation is +made. The originals of the letters of 1519 (from copies of which we +translate except instructions to Cartagena, from _Alguns documentos_) +are in Torre do Tombo--their respective pressmarks as follows: letter +of Cárlos I to Manuel, "Gaveta 18, maço 5, n°. 26;" instructions +to Cartagena, "Corpo chron., parte 3_a_, maço 7, n°. 18;" letter of +Cárlos I to Magallánes and Falero, "Corpo chron., parte 1_a_, maço +24, n°. 64." These letters are published in _Alguns documentos_, +pp. 422-430. The letter of 1522 is translated from a copy of the +original MS. in the Simancas archives--pressmark, "Secretaria de +Estada, leg. 367, fol. 94." + +_De Molvccis Insulis_. The first edition of this book was printed in +January, 1523, at Cologne, by Hirzhorn (Latinized as Cervicornus). In +November, 1523, it was published at Rome by Minitius Calvus, also +second edition February, 1524. There has been much controversy +regarding the priority of the Cologne edition, some writers claiming +that it was really issued in 1524; but the question is apparently +settled by the fact that Johann Schöner cites the book in his +letter (written in 1523) to Reimer von Stréitberg (Streytpergk); +see Stevens's _Johann Schoner_ (London, MDCCCLXXXVIII), pp. 99, +153. We reproduce here the translation made by the late Henry Stevens +(_ut supra_, pp. 103-146); it is accompanied therein (pp. 57-90) by +a phototypographic facsimile of the original print. Fuller details +regarding this work will appear in the volume devoted to bibliography, +which will be published at the end of this series. + + + + + +Chronological Tables + +1493-1803 + + + +List of Roman Pontiffs + + +_Alexander VI_ (Rodrigo Borgia, or Lenzuoli).--Born Jan. 1, 1431; +became pontiff, Aug. 11, 1492; died Aug. 18, 1503. + +_Pius III_ (Francesco Todischini Piccolomini).--Born May 9, 1439; +became pontiff, Sept. 22, 1503; died Oct. 18, 1503. + +_Julius II_ (Guiliano della Rovere).--Born Dec. 15, 1443; became +pontiff, Oct. 31 or Nov. 1, 1503; died Feb. 2, 1513. + +_Leo X_ (Giovanni de' Medici).--Born Dec. 11, 1475; became pontiff, +March 11, 1513; died Dec. 1, 1521. + +_Hadrianus VI_ (Florian Boyers).--Born Mar. 2, 1459; became pontiff, +Jan. 9, 1522; died Sept. 14, 1523. + +_Clemens VII_ (Giulio de' Medici).--Born 1475 (?); became pontiff, +Nov. 19, 1523; died Sept. 26, 1534. + +_Paulus III_ (Alessandro Farnese).--Born Feb. 28, 1468; became pontiff, +Oct. 13, 1534; died Nov. 10, 1549. + +_Julius III_ (Giovanni Maria de Ciocchi del Monte).--Born Sept. 10, +1487; became pontiff, Feb. 8, 1550; died Mar. 23, 1555. + +_Marcellus II_ (Marcello Cervini).--Born May 6, 1501; became pontiff, +Apr. 9, 1555; died May 1, 1555. + +_Paulus IV_ (Giovanni Pietro Caraffa).--Born June 28, 1476; became +pontiff, May 23, 1555; died Aug. 18, 1559. + +_Pius IV_ (Giovanni Angelo de' Medici).--Born Mar. 31, 1499; became +pontiff, Dec. 26, 1559; died Dec. 9, 1565. + +_Pius V_ (Michele Ghisleri).--Born Jan. 17, 1504; became pontiff, +Jan. 7, 1566; died May 1, 1572. + +_Gregorius XIII_ (Ugo Buoncompagno).--Born Feb. 7, 1502; became +pontiff, May 13, 1572; died Apr. 10, 1585. + +_Sixtus V_ (Felice Peretto).--Born Dec. 13, 1521; became pontiff, +Apr. 24, 1585; died Aug. 27, 1590. + +_Urbanus VII_ (Giovanni Battista Castagna).--Born Aug. 4, 1521; +became pontiff, Sept. 15, 1590; died Sept. 27, 1590. + +_Gregorius XIV_ (Nicola Sfondrati).--Born Feb. 11, 1535; became +pontiff, Dec. 5, 1590; died Oct. 15, 1591. + +_Innocentius IX_ (Giovanni Antonio Facchinetti).--Born July 20, 1519; +became pontiff, Oct. 29, 1591; died Dec. 30, 1591. + +_Clemens VIII_ (Ippolito Aldobrandini).--Born Feb. 24, 1536; became +pontiff, Jan. 30, 1592; died Mar. 3, 1605. + +_Leo XI_ (Alessandro Ottaviano de' Medici).--Born 1535; became pontiff, +Apr. 1, 1605; died Apr. 27, 1605. + +_Paulus V_ (Camillo Borghese).--Born Sept. 17, 1552; became pontiff, +May 16, 1605; died Jan. 28, 1621. + +_Gregorius XV_ (Alessandro Ludovisio).--Born Jan. 9, 1554; became +pontiff, Feb. 9, 1621; died July 8, 1623. + +_Urbanus VIII_ (Maffeo Barberini).--Born Mar. 26, 1568; became pontiff, +Aug. 6, 1623; died July 29, 1644. + +_Innocentius X_ (Giovanni Battista Pamfilio).--Born Mar. 7, 1572 +(or 1573); became pontiff, Sept. 15, 1644; died Jan. 7, 1655. + +_Alexander VII_ (Fabio Chigi).--Born Feb. 13, 1599; became pontiff, +Apr. 7, 1655; died May 22, 1667. + +_Clemens IX_ (Giulio Rospigliosi).--Born Jan. 28, 1600; became pontiff, +June 20, 1667; died Dec. 9, 1669. + +_Clemens X_ (Giovanni Battista Emilio Altieri).--Born July 15, 1590; +became pontiff, Apr. 29, 1670; died July 22, 1676. + +_Innocentius XI_ (Benedetto Odescalchi).--Born May 16, 1611; became +pontiff, Sept. 21, 1676; died Aug. 12, 1689. + +_Alexander VIII_ (Pietro Ottoboni).--Born Apr. 10, 1610; became +pontiff, Oct. 6, 1689; died Feb. 1, 1691. + +_Innocentius XII_ (Antonio Pignatelli).--Born Mar. 13, 1615; became +pontiff, July 12, 1691; died Sept. 27, 1700. + +_Clemens XI_ (Giovanni Francesco Albani).--Born July 23, 1649; became +pontiff, Nov. 23, 1700; died Mar. 19, 1721. + +_Innocentius XIII_ (Michel Angelo Conti).--Born May 15, 1655; became +pontiff, May 8, 1722; died Mar. 7, 1724. + +_Benedictus XIII_ (Vicenzo Marco Orsino).--* Born Feb. 2, 1649; +became pontiff, May 29, 1724; died Feb. 21, 1730. + +_Clemens XII_ (Lorenzo Corsini).--Born Apr. 11 (?), 1652; became +pontiff, July 12, 1730; died Feb. 6, 1740. + +_Benedictus XIV_ (Prospero Lambertini).--Born Mar. 31, 1675; became +pontiff, Aug. 17, 1740; died May 3, 1758. + +_Clemens XIII_ (Carlo Rezzonico).--Born Mar. 17, 1693; became pontiff, +July 6, 1758; died Feb. 2, 1769. + +_Clemens XIV_ (Giovanni Vincenzo Antonio Ganganelli).--Born Oct. 31, +1705; became pontiff, May 19, 1769; died Sept. 22, 1774. + +_Pius VI_ (Giovanni Angelo Braschi).--Born Dec. 27, 1717; became +pontiff, Feb. 15, 1775; died Aug. 29, 1799. + +_Pius VII_ (Gregorio Barnaba Luigi Chiaramonti).--Born Aug. 14, 1742; +became pontiff, Mar. 14, 1800; died Aug. 20, 1823. + + + +List of the Rulers of Spain + + +House of Castilla and Aragon + +_Isabel I of Castilla_.--Born at Madrigal de las Altas Torres +(Avila), April 22, 1451; daughter of Juan II of Castilla and Isabel of +Portugal. Married Fernando II of Aragón, Oct. 18 or 19, 1469. Succeeded +her brother Enrique IV on the throne of Castilla and Leon; proclaimed +queen Dec. 13, 1474. Died at Medina del Campo (Valladolid), Nov. 26, +1504. Named as her heirs her daughter Juana and the latter's husband, +Philip of Austria; and appointed Fernando (now V of Castilla) regent of +Castilla and León during the minority of Juana's son Cárlos. Fernando +and Isabel were styled "the Catholic Sovereigns." + +_Fernando V of Castilla_ (II of Aragón and Navarra).--Born at Sos +(Zaragoza), May 10, 1452; son of Juan II and Juana Enriquez of Aragón +and Navarra. Died at Madrigalejo, Jan. 23, 1516. During Isabel's life, +was king-consort, and governed her dominions only by virtue of this +relation; after her death, was regent only of Castilla, which dignity +he held until his death, except from June 27, 1506, to Aug. 21, 1507, +during which period he retired to Aragón, in favor of Juana's husband +Philip. Inheriting the throne of Aragón and Navarra (Jan. 20, 1479), +his marriage with Isabel (1469) and their conquest of Granada (1492) +united under one monarchy the provinces now comprised in the country +of Spain. + +_Juana_.--Born at Toledo, in 1479; second daughter of Isabel and +Fernando. Married Philip of Austria, Oct. 20 or 21, 1496. Died at +Tordesillas, April 11, 1555. Reigned from Nov. 26, 1504, until her +death--jointly with her husband, during his life; and with her son +thereafter--but under her father's regency until 1516; during her reign +she was more or less subject to insanity, and was but nominally queen, +seldom exercising royal powers, and living in strict seclusion. Known +as "la Loca," "the Mad." + + +House of Austria + +_Felipe I_ (Philip of Austria).--Born at Bruges, July 22, 1478; son +of Maximilian I, emperor of Germany, and Maria de Borgoña. By his +marriage to Juana, was king-consort of Castilla from Nov. 26, 1504, +until his death. Died at Búrgos, Sept. 25, 1506. Styled "el Hermoso," +"the Beautiful." + +_Cárlos I_ (Charles V, emperor of Germany).--Born at Ghent, Feb. 25, +1500; son of Felipe I and Juana. Landed in Spain in 1517. Married +Isabel of Portugal (daughter of Manoel), March 11, 1526. Abdicated in +favor of his son Felipe II, Jan. 16, 1556; died at monastery of Yuste, +Aug. 30, 1558. Elected Emperor of Germany in June, 1519. Reigned +over Spain jointly with Juana. During his minority, Fernando was +regent until his death (1516); thereafter Cardinal Jiminez (Ximenes) +de Cisneros acted in that capacity until the latter's death (Nov. 8, +1517); with the cardinal was associated, nominally, Adrian, dean +of Louvain. + +_Felipe II_.--Born at Vallodolid, May 21, 1527; son of Cárlos I and +Isabel. Married Maria, daughter of João III of Portugal, Nov. 15, +1543; Mary Tudor of England, July 25, 1554; Marie Elisabeth of +Valois, Feb. 2, 1560; Anna of Austria, in 1570. Acted as regent +for his father from June 23, 1551 until March 28, 1556, when he was +proclaimed king. Died at the Escorial, Sept. 13, 1598. Became king +of Portugal in April, 1581, taking the oath at Lisbon. + +_Felipe III_.--Born at Madrid, April 14, 1578; son of Felipe II and +Anna of Austria. Married Margaret of Austria, Nov. 13, 1598, two +months after his accession to the throne. Died at Madrid, March 31, +1621. Surnamed "el Piadoso," "the Pious." + +_Felipe IV_.--Born at Valladolid, April 8, 1605; son of Felipe III +and Margaret. Married Isabel of Bourbon, in 1615; Mariana of Austria, +in 1649. Succeeded his father as king, and died at Madrid, Sept. 17, +1665. The sovereignty of Spain over Portugal ceased Dec. 1, 1640. + +_Cárlos II_.--Born Nov. 6, 1661; son of Felipe IV and Mariana. Married +Marie Louise of Orleans, in 1679; Mariana of Bavaria, in 1690. Died +Nov. 1, 1700, the last Spanish ruler of the house of Austria. During +his minority his mother was regent (Sept. 17, 1665 to Nov. 16, +1675). Surnamed "el Hechizado," "the Bewitched." + + +House of Bourbon + + +_Felipe V_ (Philip of Anjou).--Born at Versailles, Dec. 19, 1683; +son of Louis, dauphin of France, and Mariana of Bavaria. Proclaimed +king Nov. 24, 1700. Married Maria Louisa of Savoy, Sept. 11, 1701; +Isabel Farnese, Sept. 16, 1714. Abdicated in favor of his son Luis +I, Jan. 10, 1724; but resumed the government on Sept. 6 following, +in consequence of Luis's death. Died at Madrid, July 9, 1746. The +Spanish crown was bequeathed to him by Cárlos II. + +_Luis I_.--Born Aug. 5, 1707; son of Felipe V and Maria Louisa. Married +Louise Elisabeth of Orleans, Nov. 16, 1721. By his father's abdication +of the throne Luis was nominally king from Jan. 19, 1724 until his +death, Aug. 31 following. + +_Fernando VI_.--Born Sept. 23, 1713; son of Felipe V and Maria +Louisa. Married Maria Teresa Barbara of Braganza, Jan. 19, 1729. Died +at Villaviciosa de Odon (Madrid), Aug. 10, 1759. + +_Cárlos III_.--Born at Madrid, Jan. 20, 1716; son of Felipe V and +Isabel Farnese. Married Maria Amalia of Saxony. Died at Madrid, +Dec. 14, 1788. + +_Cárlos IV_.--Born Nov. 11, 1748; son of Cárlos III. Married Maria +Louisa of Parma. Proclaimed king, Jan. 17, 1789; abdicated the throne +March 18, 1808; died at Naples, Jan. 19, 1819. + + + + +List of the Rulers of Portugal + + +House of Aviz + +_João II_.--Born at Lisbon, May 3, 1455; son of Affonso V. Married +Leonor de Lancaster, Jan. 22, 1471. Reigned from Aug. 31, 1481 until +his death. Died at Villa de Alvor, Oct. 25, 1495. Styled "the Perfect +Prince," also "the Great," and "the Severe." + +_Manoel_.--Born May 31, 1469; cousin of João II. Married Isabel of +Castilla (eldest daughter of Fernando and Isabel), in 1497; Maria, +her sister, Oct. 30, 1500; Leonora, sister of Charles V of Germany +in 1518. Died Dec. 13, 1521. Styled "the Fortunate." + +_João III_.--Born at Lisbon, June 6, 1502; son of Manoel and +Maria. Reigned from Dec. 19, 1521, until his death, June 11, +1557. Married Catarina sister of Charles V of Germany. + +_Sebastião_.--Born Jan. 20, 1554; grandson of João III. Slain in +battle, Aug. 4, 1578. His grandmother Catarina acted as regent during +his minority (1557-68). + +_Henrique_.--Born at Lisbon, Jan. 31, 1512; son of Manoel; became a +cardinal in the Roman church. Reigned from Aug. 29, 1578 until Jan. 31, +1580; had been associated with Catarina in the regency. + +_Antonio_.--Born in 1531; grandson (but regarded by most writers as +illegitimate) of Manoel. Reigned from June 19 to Sept. 2, 1580. + + + +House of Austria (Spain) + + +_Filippe I_.--Reigned from Sept. 2, 1580 (taking oath at Lisbon in +April, 1581), to Sept. 13, 1598. See Felipe II of Spain. + +_Filippe II_.--Reigned from Sept. 13, 1598 to Mar 31, 1621. See Felipe +III of Spain. + +_Filippe III_.--Reigned from Mar. 31, 1621 to Nov. 31, 1640. See +Felipe IV of Spain. + + + +House of Braganza + + +_João IV_.--Born March 19, 1604; son of Theodosio II, duke of +Braganza, and Ana de Velasco. Married Luiza de Guzmán, Jan. 13, +1633. Reigned from Dec. 1, 1640 until his death, Nov. 6, 1656. Styled +"the Fortunate." + +_Affonso VI_.--Born Aug. 21, 1643; son of João IV and Luiza. Married +Maria Francesca Isabel of Savoy, in 1666. Compelled to renounce +the throne, as incompetent, Nov. 23, 1667. Died at Cintra, Sept. 12, +1683. During his minority, his mother acted as regent (Nov. 6, 1656 to +June 22, 1662); during the latter part of his reign, his brother Pedro. + +_Pedro II_.--Born April 26, 1648; son of João IV. Married Maria +Francesca Isabel of Savoy, March 27, 1668; Maria Sophia Elizabeth of +Bavaria, in 1687. Died Dec. 9, 1706. Regent for Affonso, from Nov. 23, +1667 until the latter's death; king, from Sept. 12, 1683 to Dec. 9, +1706. + +_João V_.--Born at Lisbon, Oct. 22, 1689; son of Pedro II. Married +Maria Anna of Austria, July 9, 1708. Reigned from Jan. 1, 1707 until +his death, July 31, 1750. + +_José I_.--Born June 6, 1714; son of João V. Married Mariana Victoria, +Dec. 27, 1727. Reigned from his father's death until his own, +Feb. 24, 1777. + +_María I_.--Born in 1734; daughter of José I. Married Pedro, younger +brother of José (and her uncle), in 1760. Died at Rio de Janeiro, +Brazil, in 1816. Reigned jointly with her husband, Feb. 24, 1777 until +his death (1786); but as she became insane, her son João VI acted as +regent until her death. + +_Pedro III_.--Reigned jointly with his wife, María I, until his death +(1786). + +_João VI_.--Born at Lisbon, May 13, 1769; son of María I and Pedro +III. Married Carlotta of Spain. Reigned from Mar. 16, 1816 to March +10, 1826; but had been regent for Maria since 1799, and had been in +charge of the government from March 10, 1792. + + + + + + +NOTES + +[1] Documents marked with an asterisk are printed in both the original +language and English translation. + +[2] _The Philippine Islands, Moluccas, Siam, Cambodia, Japan, and China +at the close of the Sixteenth Century_, by Antonio de Morga, Hakluyt +Society, London, 1868, p. 265. This will be cited usually as Morga. + +[3] "The crown and sceptre of Spain has come to extend itself over +all that the sun looks on, from its rising to its setting." Morga, p +6. Down to the end of the year 1844 the Manilan calendar was reckoned +after that of Spain, that is, Manila time was about sixteen hours +slower than Madrid time. Finally, with the approval of the Archbishop +in 1844, the thirty-first of December was dropped and the Philippines +transferred, so to speak, into the Eastern Hemisphere. Thenceforward +Manila time was about eight hours ahead of Madrid time. Jagor: +_Reisen in den Philippinen,_ pp. 1-2. + +[4] For a fuller account of the negotiations relating to these bulls +and the Treaty of Tordesillas see Harrisse: _Diplomatic History of +America_, 1452-1494, S.E. Dawson: _The Lines of Demarcation of Pope +Alexander VI and the Treaty of Tordesillas_, or E.G. Bourne: _Essays +in Historical Criticism_. The texts are printed in this volume. + +[5] The names used by Columbus in his interview with the King of +Portugal. Ruy de Pina: _Chronica d'el rey Joaõ II, Collecaõ de Livros +Ineditos de Historia Portugueze_, ii, p. 177. + +[6] This is also Harrisse's view, _Diplomatic History of America_, +p. 74. + +[7] "Sábese la concession del Papa Alexandro; la division del +mundo como una naranja." Letter of Alonso de Zuazo to Charles V, +January 22, 1518. _Docs. Inéd. de Indias_, i, p. 296 (From Harrisse, +p. 174). Cf. also Maximilianus Transylvanus in _First Voyage Round +the World by Magellan_. Hakluyt Society, p. 185. + +[8] The question is fully discussed in Guillemard's _Life of Ferdinand +Magellan,_ pp. 68-69. + +[9] Guillemard, _Magellan_, p. 71. + +[10] _First Voyage Round the World by Magellan_, p. 187. + +[11] Navarrete, _Coleccion de los Viages y Descubrimientos_, etc., +iv, p. 117. + +[12] Las Casas: _Historia de las Indias. Col. de Docs. Inéd. para +la Historia de España_, lxv, pp. 376-377. This account by Las Casas +apparently has been overlooked by English writers on Magellan. It +is noticed by Peschel, _Geschichte des Zeitalters der Entdeckungen,_ +p. 488. + +[13] See Guillemard's comparison between the voyages of Columbus and +Magellan in _Life of Magellan_, p. 258. + +[14] See Pigafetta's account in _The First Voyage Round the World by +Magellan_, p. 74. + +[15] Pigafetta, _ibid_., p. 76. + +[16] The description of the Philippines and their inhabitants which we +owe to the Italian Pigafetta who accompanied Magellan is especially +noteworthy not only as the first European account of them, but also +as affording a gauge by which to estimate the changes wrought by the +Spanish conquest and the missions. + +[17] See E. G. Bourne: _Essays in Historical Criticism_, pp. 209-211 +for an account of the Badajos Junta which attempted to settle the +question of the rights to the Moluccas. The documents are in Navarrete, +iv, pp. 333-370, a somewhat abridged translation of which is presented +in this volume. Sandoval attributes the sale of the Moluccas to +Charles's financial straits. Navarrete, iv, xx. The treaty of sale +is in Navarrete, iv, pp. 389-406. + +[18] Navarrete, iv, p. 394. + +[19] Navarrete, iv, p. 396. + +[20] See the correspondence in _Col. de Doc. Inéditos de Ultramar_, +vol. ii (vol. i of subdivision _de las Islas Filipinas_), p. 66. + +[21] _Relacion del Viaje que hizo desde la Nueva-España à las +Islas del Poniente Ruy Gomez de Villalobos_, written by García +Descalante Alvarado. _Coleccion de Docs. Inéd. del Archivo de Indias_ +v, p. 127. The name was first given in July or August 1543 to some +of the smaller islands in the group. On page 122, Alvarado writes +"chinos que vienen a Mindanao y à las Philipinas." Montero y Vidal says +that the island first to receive the name was Leyte. _Hist. Gen. de +Filipinas_, i, p. 27, In 1561, Urdaneta uses "las islas Filipinas" +in the ordinary way; see his "Derrotero" prepared for the +expedition. _Col. Docs. Inéd_. vol. i, p. 130 ff. + +[22] _Col. de Docs. Inéd. de Ultramar_, vol. ii, pp. 95-96. + +[23] _Ibid.,_ pp. 109-111. + +[24] In September, 1568, a Portuguese squadron despatched by the +Governor of the Moluccas appeared off Cebu to drive the Spaniards out +of the Visayan Islands. The commander satisfied himself with diplomatic +protests. Montero y Vidal: _Hist. Gen. de Filipinas_, i, p. 34. + +[25] Montero y Vidal, i, pp. 41-42. + +[26] Juan de Grijalva. From W.E. Retana's extracts from his _Cronica +de la Orden de N.P.S. Augustin en las provincias de la Nueva España, +etc_. (1533-1592) in Retana's edition of Zúñiga's _Estadismo de las +Islas Filipinas_, ii. p. 219 ff. Juan de Salcedo after being promoted +to the high rank of _Maestre de Campo_ (an independent command) died +suddenly in 1576 at the age of twenty-seven. Far from amassing wealth +in his career he died poor. In his will he provided that after the +payment of his debts the residue of his property should be given to +certain Indians of his _encomienda. Ibid.,_ p. 615. + +[27] This account of the conversion is based on Grijalva's contemporary +narrative; see Retana's _Zúñiga_, ii, pp. 219-220. + +[28] Montero y Vidal, i, p. 59. + +[29] Retana's _Zúñiga_, ii, p. 222; Morga, Hakluyt Society edition, +pp. 307-308; Montero y Vidal, i, p. 60. + +[30] He was lieutenant to the Governor and the first justice to be +appointed to the supreme court (Audiencia) on its reorganization. His +_Sucesos de la islas Philipinas--Mexici ad Indos, anno 1609_, is +a work of great rarity. It was reprinted in Paris in 1890 with +annotations by the Filipino author and patriot, Dr. José Rizal +and with an Introduction by Blumentritt. Rizal tries to show that +the Filipinos have retrograded in civilization under Spanish rule; +cf. Retana's comments in his Zúñiga, ii, p. 277. The references to +Morga to follow are to the Hakluyt Society edition. + +[31] A natural transference of the familiar name in Spain for +Mohammedans. + +[32] Morga, pp. 296-297. + +[33] Footnote 32: Morga. p. 323. + +[34] _Relacion de las Encomiendas existentes en Filipinas el dia 31 +de Mayo de 1591_. in Retana: _Archivo del Bibliofilo Filipino_, iv, +pp. 39-112. + +[35] Mendoza, _The History of the Great and Mighty Kingdom of +China_. Hakluyt Society edition, ii, p. 263. + +[36] Printed in Retana's _Archivo_, iii, pp. 3-45. + +[37] "Of little avail would have been the valor and constancy with +which Legaspi and his worthy companions overcame the natives of the +islands, if the apostolic zeal of the missionaries had not seconded +their exertions, and aided to consolidate the enterprise. The +latter were the real conquerors; they who without any other arms +than their virtues, gained over the good will of the islanders, +caused the Spanish name to be beloved, and gave the king, as it +were by a miracle, two millions more of submissive and Christian +subjects." Tomas de Comyn, _State of the Philippine Islands, etc.,_ +translated by William Walton, London, 1821, p. 209. Comyn was the +general manager of the Royal Philippine Company for eight years in +Manila and is described by his latest editor, Senor del Pan, editor of +the _Revista de Filipinas_, as a man of "extensive knowledge especially +in the social sciences." Retana characterizes his book as "un libro +de merito extraordinario," Zúñiga, ii, pp. 175-76. Mallat says: +"C'est par la seule influence de la religion que l'on a conquis les +Philippines, et cette influence pourra seule les conserver." _Les +Philippines, histoire, geographie, moeurs, agriculture, industrie +et commerce des Colonies espagnoles dans l'oceanie._ Par J. Mallat, +Paris, 1846, i, p. 40. I may say that this work seems to me the best +of all the modern works on the Philippines. The author was a man of +scientific training who went to the islands to study them after a +preparatory residence in Spain for two years. + +[38] Morga, p. 325. + +[39] Mallat, i, p. 389. + +[40] Morga, p. 320. + +[41] Mallat, i, pp. 382-385. + +[42] Morga, p. 312. Mallat, ii, p. 240. + +[43] Morga, p. 313. Mallat, ii, p. 244. + +[44] The first regular hospital in the thirteen colonies was +the Pennsylvania Hospital, incorporated in 1751. Patients were +first admitted in 1752. Cornell, _History of Pennsylvania_, +pp. 409-411. There are references to a hospital in New Amsterdam +in 1658, but the New York hospital was the first institution of the +kind of any importance. It was founded in 1771, but patients were not +admitted till 1791. _Memorial History of New York_, iv, p. 407. There +was no hospital for the treatment of general diseases in Boston +until the nineteenth century. The Massachusetts General Hospital was +chartered in 1811. _Memorial History of Boston_, iv, p. 548. + +[45] Morga, p. 350. + +[46] Morga, p. 314. + +[47] Friar Juan Francisco de San Antonio who went to the Philippines +in 1724, says that "up to the present time there has not been found +a scrap of writing relating to religion, ceremonial, or the ancient +political institutions." _Chronicás de la Apostolica Provincia de +San Gregorio, etc._ (Sampoloc, near Manila, 1735), i, pp. 149-150 +(cited from Retana's _Zúñiga_, ii, p. 294. + +[48] They used palm leaves for paper and an iron stylus for a +pen. "L'escriture ne leur sert que pour s'escrire les uns aux autres, +car ils n'ont point d'histoires ny de Livres d'aucune Science; +nos Religieux ont imprime des livres en la langue des Isles des +choses de nostre Religion." _Relation des Isles Philippines, Faite +par un Religieux qui y a demeure 18 ans_, in Thévenot's _Voyages +Curieux_. Paris 1663, ii (p. 5, of the "Relation"). This narrative +is one of the earliest to contain a reproduction of the old Tagal +alphabet. Retana ascribes it to a Jesuit and dates it about 1640: +p. 13 of the catalogue of his library appended to _Archivo del +Bibliofilo Filipino_, i. The earliest printed data on the Tagal +language according to Retana are those given in Chirino's _Relacion +de las Islas Filipinas_, Rome, 1604. + +[49] Mendoza's _Historie of the Kingdome of China_, volume ii, p. 263. + +[50] _Ibid_., p. 264. + +[51] Morga, p. 319. + +[52] _Relation d'un Religieux_, Thévenot, volume ii, (p. 7 of the +Relation). + +[53] On the powers of the Governor, see Morga, pp. 344-345. + +[54] Throughout this Introduction the Spanish "peso" is rendered by +"dollar." The reader will bear in mind the varying purchasing power +of the dollar. To arrive at an approximate equivalent ten may be used +as a multiplier for the sixteenth and early seventeenth centuries, +and five for the middle of the eighteenth century. + +[55] It may be remembered that the official conscience in the +seventeenth and eighteenth centuries was not so sensitive in +regard to "tips" as it is expected to be today. Le Gentil writes: +"Les Gouverneurs de Manille corrompent journellement leurs grâces, +et les Manillois ne les abordent guère pour leur en demander, sans +se précautioner auparavant du rameau d'or; seul et unique moyen de +se les rendre favorables. Un soir étant allé voir le Gouverneur, +in 1767, à peine m'eût-il demandé des nouvelles de ma senté qu'il +alla me chercher une bouteille de verre de chopine, mesure de Paris, +(half-pint) pleine de paillettes d'or, il me la fit voir en me disant +que c'étoit un presént dont on I'avoit _régalé_ ce jour-là même; _Oi_, +me dit-il, _me regalaron de este_." _Voyage dans Les Mers de L'Inde_, +Paris, 1781, ii, pp. 152-153. Le Gentil was in the Philippines about +eighteen months in 1766-67 on a scientific mission. His account of +conditions there is one of the most thorough and valuable that we +have for the eighteenth century. As a layman and man of science his +views are a useful offset against those of the clerical historians. + +[56] _Voyage_, ii, p. 153. "The Royal Audience was established to +restrain the despotism of the Governors, which it has never prevented; +for the gentlemen of the gown are always weak-kneed and the Governor +can send them under guard to Spain, pack them oft to the provinces +to take a census of the Indians or imprison them, which has been done +several times without any serious consequences." Zúñiga: _Estadismo de +las Islas Filipinos o mis Viages por este Pais_, ed. Retana, i, p. 244. + +[57] "Cuando se pusieren edictos, publicaren, y pregonaren las +residencias, sea de forma que vengan á noticia de los Indios, para +que puedan pedir justicia de sus agravios con entera libertad." _Law +of 1556_, lib. v, tit. xv, ley xxviii of the _Recopilacion de Leyes +de los Reinos de las Indias_. + +[58] _Recopilacion_, lib. v, tit. xv, ley vii. + +[59] Churchill's _Voyages_, iv, pp. 427-428. + +[60] "I request the reader not to infer from my opinion of the +tribunals of residence, my confidence in their efficacy. My homage is +immediately and solely addressed to the wisdom of the law. I resign all +criticism on its operation, to those who know the seductive influence +of Plutus over the feeble and pliant Themis." De Pons: _Voyage to the +Eastern Part of Terra Firma or the Spanish Main in South America during +the years 1801, 1802, 1803, and 1804_. New York, 1806, ii, p. 25. + +[61] "Une loi très-sage, mais malheureusement sans effet, qui devrait +modérer cette autorité excessive, est celle qui permet à chaque +citoyen de poursuivre le gouverneur vétéran devant son successeur; +mais celui-ci est intéressé à excuser tout ce qu'on reproche à son +prédécesseur; et le citoyen assez téméraire pour se plaindre, est +exposé à de nouvelles et à de plus fortes vexations." _Voyage de La +Pérouse autour du Monde_. Paris, 1797, ii, p. 350. + +[62] His comments on the kind of officials needed are not without +interest today: "A governor must understand war but he must not be +over confident of his abilities. Let him give ear to the advice of +those who know the country where things are managed very differently +from what they are in Europe. Those who have tried to carry on war in +the islands as it is carried on in Flanders and elsewhere in Europe +have fallen into irreparable mistakes. The main thing, however, is to +aim at the welfare of the people, to treat them kindly, to be friendly +toward foreigners, to take pains to have the ships for New Spain sail +promptly and in good order, to promote trade with neighboring people +and to encourage ship-building. In a word, to live with the Indians +rather like a father than like a governor." _Relation et Memorial de +l'etat des Isles Philippines, et des Isles Moluques_ by Ferdinand de +los Rios Coronel, Prestre et Procureur General des Isles Philippines, +etc. _Thevenot_, ii (p. 23 of the Relation). + +[63] Morga, p. 345. _Recopilacion_, lib. ii, tit. xv, ley xi. + +[64] _Ibid_., ley lviii. Le Gentil, ii, pp. 159, 161. + +[65] _Recopilacion_, lib. ii, tit. xv, ley xi. + +[66] Mallat, i, pp. 349-50. For a historical summary of the variations +in the names of the provinces see Retana's Zúñiga's _Estadismo,_ ii, +p. 376 ff. + +[67] They received the tribute in kind in fixed amounts and made money +out of the fluctuations of the market prices. At times of scarcity +and consequent high prices this procedure doubled or trebled the +burden of the tribute. See _State of the Philippine Islands,_ by +Tomas de Comyn, translated by William Walton, p. 197. Mallat says: +"Rien n'est plus funeste au pays que la permission qui est accordée +aux alcaldes de faire le commerce pour leur compte." i, p. 351. See +also Retana's note, Zúñiga, _Estadismo,_ ii, p. 530. This right to +trade was abolished in 1844. + +[68] "It is a fact common enough to see a hair-dresser or a lackey +converted into a governor; a sailor or a deserter, transformed into +a district magistrate, collector, or military commander of a populous +province, without other counsellor than his own crude understanding, +or any other guide than his passions. Such a metamorphosis would +excite laughter in a comedy or farce; but, realized in the theatre +of human life, it must give rise to sensations of a very different +nature. Who is there that does not feel horror-struck, and tremble +for the innocent, when he sees a being of this kind transferred from +the yard-arm to the seat of justice, deciding in the first instance +on the honor, lives, and property of a hundred thousand persons, and +haughtily exacting the homage and incense of the spiritual ministers +of the towns under his jurisdiction, as well as of the parish curates, +respectable for their acquirements and benevolence, and who in their +own native places, would possibly have rejected as a servant the very +man whom in the Philippines they are compelled to court, and obey as +a sovereign." _State of the Philippine Islands_, London, 1821, p. 194. + +[69] Morga, p. 323. + +[70] Jagor describes an election which he saw in the town of Lauane, +of four thousand five hundred inhabitants, in the little island of +the same name which lies just off the north shore of Samar. As it is +the only description of such a local election that I recall I quote +it in full. "It took place in the town house. At the table sits the +Governor or his proxy, on his right the pastor and on his left the +secretary who is the interpreter. All the Cabezas de Barangay, the +Gobernadorcillo and those who have formerly been such have taken their +places on the benches. In the first place six of the Cabezas, and six +of the ex-Gobernadorcillos respectively are chosen by lot to serve +as electors. The Gobernadorcillo in office makes the thirteenth. The +rest now leave the room. After the chairman has read the rules and +exhorted the electors to fulfil their duty conscientiously, they go +one by one to the table and write three names on a ballot. Whoever +receives the largest number of votes is forthwith nominated for +Gobernadorcillo for the ensuing year, if the pastor or the electors +make no well-founded objections subject to the confirmation of the +superior court in Manila, which is a matter of course since the +influence of the pastor would prevent an unsuitable choice. The same +process was followed in the election of the other local officials +except that the new Gobernadorcillo was called in that he might make +any objections to the selections. The whole transaction was very quiet +and dignified." _Reisen in den Philippinen_, Berlin, 1873, pp. 189-190. + +Sir John Bowring's account of this system of local administration is +the clearest of those I have found in English books. _A Visit to the +Philippine Islands_, London, 1859, pp. 89-93. + +[71] The Gobernadorcillo in council with the other Cabezas presented +a name to the superior authority for appointment Bowring, p. 90. + +[72] Zúñiga, _Estadismo de las Islas Filipinas_, i, p. 245. Cf. Mallat, +i, p. 358. + +[73] Comyn: _State of the Philippine Islands_, ch. vii. + +[74] Mallat, i, pp. 40, 386. Jagor, pp. 95-97. + +[75] Mallat, i, p. 380 ff. Comyn, p. 212 ff. + +[76] Mallat, i, p. 365. + +[77] Morga, p. 333. + +[78] Delgado: _Historia de Filipinas_, Biblioteca Histories Filipina, +Manila, 1892, pp. 155-156. Delgado wrote in 1750-51. Somewhat different +figures are given by Le Gentil on the basis of the official records +in 1735, ii, p. 182. His total is 705,903 persons. + +[79] Le Gentil, i, p. 186. + +[80] _Recopilacion_, lib. vi, tit iii, ley xxi. Morga, p. 330. + +"Avec toutes les recommandations possible, il arrive encore que +le moine chargé de la peuplade par où vous voyagez, vous laisse +rarement parler seul aux Indiens. Lorsque vous parlez en sa présence à +quelque Indien qui entend un peu le Castillan, si ce Religieux trouve +mauvais que vous conversiez trop long-temps avec ce Naturel, il lui +fait entendre dans la langue du pays, de ne vous point répondre en +Castillan, mais dans sa langue: l'Indien obéit." Le Gentil, ii, p. 185. + +[81] _State of the Philippine Islands_, pp. 216-217. These +responsibilities and the isolation from Europeans together with the +climate frequently brought on insanity. Le Gentil, ii, p. 129. Mallat, +i, p. 388. + +[82] _Ibid_., p. 214. + +[83] In 1637 the military force maintained in the islands consisted of +one thousand seven hundred and two Spaniards and one hundred and forty +Indians. _Memorial de D. Juan Grau y Monfalcon, Procurador General +de las Islas Filipinas, Docs. Inéditos del Archivo de Indias_, vi, +p. 425. In 1787 the garrison at Manila consisted of one regiment of +Mexicans comprising one thousand three hundred men, two artillery +companies of eighty men each, three cavalry companies of fifty men +each. La Pérouse, ii, p. 368. + +[84] _Apuntes Interesantes sobre Las Islas Filipinas, etc., escritos +por un Español de larga esperiencia en el pais y amante del progresso_, +Madrid, 1869, p. 13. This very interesting and valuable work was +written in the main by Vicente Barrantes, who was a member of the +Governor's council and his secretary. On the authorship see Retana's +_Archivo ii, Biblioteca Gen_., p. 25, which corrects his conjecture +published in his Zúñiga, ii, p. 135. + +[85] _Apuntes Interesantes_, pp. 42-43. + +[86] Zúñiga, _Estadismo_, i, p. 246; Le Gentil, ii, p. 172. + +[87] Le Gentil, ii, p. 172. + +[88] Morga, p. 336. + +[89] Morga, _ibid_. + +[90] _Memorial dado al Rey por D. Juan Grau y Monfalcon, Procurado +General de las Islas Filipinas. Docs. Inéditos del Archivo de Indias_, +vi, p. 444. + +[91] _Recopilacion_, lib. ix, tit. xxxv, ley vi and ley xv. As will +be seen there was usually only one ship. + +[92] _Ibid_., ley xxxiv. + +[93] _Ibid_., ley lxviii. + +[94] _Ibid_., ley lxxviii. + +[95] _Ibid.,_ ley xlv. + +[96] Morga, p. 344. Zúñiga, i, pp. 271-274. "El barco de Acapulco +ha sido la causa de que los espanoles hayan abandonado las riquezas +naturales e industriales de las Islas." _Ibid_., p. 443. + +[97] Le Gentil, ii, pp. 203-230; Zúñiga, i, p. 266 ff. + +[98] Le Gentil, ii, p. 205; Careri, _Voyage Round the World_, +Churchill's _Voyages_, iv, p. 477. + +[99] Zúñiga, i, p. 267. + +[100] Le Gentil, ii, p. 205. + +[101] Le Gentil, ii, p. 207. + +[102] Zúñiga, i, p. 268. + +[103] Churchill's _Voyages_, iv, p. 491. I am aware that grave +doubts as to the reality of Gemelli Careri's travels existed in the +eighteenth century. Robertson says "it seems now to be a received +opinion (founded as far as I know, on no good evidence) that Careri +was never out of Italy, and that his famous _Giro del Mondo_ is an +account of a fictitious voyage." Note 150, _History of America_. The +most specific charges against Careri relate to his account of his +experiences in China. See Prévost's _Histoire des Voyages_, v, +pp. 469-70. His description of the Philippines and of the voyage +to Acapulco is full of details that have every appearance of being +the result of personal observation. In fact, I do not see how it +is possible that this part of his book is not authentic. The only +book of travels which contains a detailed account of the voyage from +Manila to Acapulco written before Careri published that is described +in Medina's _Bibliografia Española de Filipinas_ is the _Peregrinacion +del Mundo del Doctor D. Pedro Cubero Sebastian_, of which an edition +was published in 1682 in Naples, Careri's own home; but Careri's +account is no more like Cubero's than any two descriptions of the +same voyage are bound to be; nor is it clear that Careri ever saw +Cubero Sebastian's narrative. + +[104] Zúñiga, i, p. 268. Careri mentions the case of a Dominican who +paid five hundred dollars for the eastern passage. _Op. cit_. p. 478; +on page 423 he says the usual fare for cabin and diet was five hundred +to six hundred dollars. + +[105] Churchill's _Voyages_, iv, p. 499. + +[106] _Op. cit_. p. 491. Yet Careri had no such experience as +befell Cubero Sebastian in his voyage. When they were nearing the +end of the voyage a very fatal disease, "el berben, o mal de Loanda" +(probably the same as beri-beri), broke out, as well as dysentery, +from which few escaped who were attacked. There were ninety-two deaths +in fifteen days. Out of four hundred persons on board, two hundred +and eight died before Acapulco was reached. _Peregrination del Mundo +de D. Pedro Cubero Sebastian_, Zaragoza, 1688, p. 268. + +[107] Careri: _Op. cit_. p. 503. + +[108] Montero y Vidal: _Hist. Gen. de Filipinas_, i, pp. 458, +463. On page 461 is a brief bibliography of the history of Philippine +commerce. According to Montero y Vidal, the best modern history +of Philippine commerce is _La Libertad de comercio en las islas +Filipinas,_ by D. Manuel de Azcarraga y Palmero, Madrid, 1872. + +[109] Montero y Vidal, ii, p. 122. + +[110] _Ibid_., ii, p. 297. + +[111] Comyn: _State of the Philippine Islands_, pp. 83-97. + +[112] _Estadismo_, i, p. 272. + +[113] Zúñiga, i, p. 274. + +Le Gentil remarked that as the Spaniards in Manila had no landed +estates to give them an assured and permanent income, they were +dependent upon the Acapulco trade, and had no resources to fall back +upon if the galleon were lost. Money left in trust was often lost +or embezzled by executors or guardians, and it was rare that wealth +was retained three generations in the same family. _Voyage_, ii, +pp. 110-112. + +[114] Of the commerce with China it is not necessary to speak at +length, as a full account of it is given in Morga. It was entirely in +the hands of the Chinese and Mestizos and brought to Manila oriental +textiles of all kinds, objects of art, jewelry, metal work and metals, +nails, grain, preserves, fruit, pork, fowls, domestic animals, pets, +"and a thousand other gewgaws and ornaments of little cost and price +which are valued among the Spaniards." (Morga, p. 339.) Besides the +Chinese, that with Japan, Borneo, the Moluccas, Siam, and India was +so considerable that in spite of the obstructions upon the commerce +with America, Manila seemed to the traveler Careri (p. 444) "one of +the greatest places of trade in the world." + +[115] _Documentos Inéditos del Archivo de Indias_, v, pp. 475-77. + +[116] It would be vain to guess how many hundred people there are who +are familiar with the denunciations of Las Casas to one who knows +anything of the more than six hundred laws defining the status and +aiming, at the protection of the Indians in the _Recopilacion_. + +[117] Cf. Jagor: _Reisen in den Philippinen_, p. 31. + +[118] _Voyage de La Pérouse autour du Monde_, Paris, 1797, ii, p. 347. + +[119] _History of the Indian Archipelago, etc_., by John Crawfurd, +F. R. S. Edinburgh, 1820, vol. ii, pp. 447-48. + +[120] That I take to be his meaning. His words are: "Ces institutions +(i. e., the local administration) si sages et si paternelles ont valu à +l'Espagne la conservation d'une colonie dont les habitants jouissent, +à notre avis, de plus de liberte, de bonheur et de tranquilleté +que-ceux d'aucune autre nation." i, p. 357. Cf. also his final chapter: +"L'idigène des Philippines est l'homme plus heureux du monde. Malgré +son tribut, il n'est pas d'être vivant en société qui paye moins +d'impôt que lui. Il est libre, il est heureux et ne pense nullement +à se soulever." ii, p. 369. + +[121] _A Visit to the Philippine Islands_, London, 1859, p. 18. Cf. the +recent opinion of the English engineer, Frederic H. Sawyer, who lived +in Luzon for fourteen years. "The islands were badly governed by Spain, +yet Spaniards and natives lived together in great harmony, and I do +not know where I could find a colony in which Europeans mixed as much +socially with the natives. Not in Java, where a native of position +must dismount to salute the humblest Dutchman. Not in British India, +where the Englishwoman has now made the gulf between British and +native into a bottomless pit." _The Inhabitants of the Philippines_, +New York, 1900. p. 125. + +[122] _Reisen in den Philippinen_, p. 287. + +[123] _Cornhill Magazine_, 1878, pp. 161, 167. This article is +reprinted in Palgrave's _Ulysses, or Scenes in Many Lands_. + +[124] _The Inhabitants of the Philippines_, pp. vi, viii. + +[125] "Ils font voir beaucoup d'inclination et d'empressement pour +aller á l'église lesjours de Fêtes et Solemnités; mais pour ouir +la Messe les jours de preceptes, pour se confesser et communier +lorsque la Sainte Église l'ordonne, il faut employer le fouet, et +les traiter comme des enfans à l'école." Quoted by Le Gentil, ii, +p. 61, from Friar Juan Francisco de San Antonio's _Chronicas de la +Apostolica Provincia de San Gregorio, etc_., commonly known as the +_Franciscan History._ It will be remembered that in our own country +in the eighteenth century college discipline was still enforced by +corporal punishment; and that attendance upon church was compulsory, +where there was an established church, as in New England. + +[126] _Voyage_, ii, p. 62. + +[127] _Voyage_, ii, p. 350. + +[128] _Voyage_, ii, pp. 95, 97. + +[129] Le Gentil says the lassitude of the body reacts upon the +mind. "In this scorching region one can only vegetate. Insanity is +commonly the result of hard study and excessive application." _Voyage_, +ii, p. 94. + +[130] _La Imprenta en Manila desde sus origenes hasta 1810_, Santiago +de Chile, 1896. + +[131] _Adiciones y Observaciones à La Imprenta en Manila_, Madrid, +1899. + +[132] For representative lists of these, see Blumentritt's privately +printed _Bibliotheca Philippina_, Theile i and ii. + +[133] It is, all things considered, a singular fact that in all that +list there is no translation of parts of the Bible, except of course +the fragmentary paraphrases in the catechism and doctrinals. The only +item indicating first-hand Biblical study in the Philippines under +the old regime that has come to my notice in the bibliographies of +Medina and Retana is this, that Juan de la Concepcion the historian +left in manuscript a translation of the Holy Bible into Spanish. _La +Imprenta en Manila_, p. 221. This failure to translate the Bible +into the native languages was not peculiar to Spanish rule in the +Philippines. Protestant Holland, far behind Spain in providing +for native education, was equally opposed to the circulation of +the Bible. "Even as late as the second or third decade of this +century the New Testament was considered a revolutionary work, +and Herr Bruckner, who translated it, had his edition destroyed by +Government." Guillemard, _Malaysia and the Pacific Archipelagoes_, +p. 129. + +[134] Mallat says that the elements were more generally taught than +in most of the country districts of Europe (i, p. 386) and quotes the +assertion of the Archbishop of Manila: "There are many villages such as +Argas, Dalaguete, Bolohon, Cebu, and several in the province of Iloilo, +where not a single boy or girl can be found who cannot read and write, +an advantage of which few places in Europe can boast." _Ibid._, p. 388. + +[135] _Estadismo_, i, p. 300. + +[136] _Estadismo_, i, p. 63. + +[137] Zúñiga, i, pp. 73-75 + +[138] _Voyage_, ii, p. 131. + +[139] _Ibid_., p. 132, and Zúñiga, i, p. 76. A modern work on this +drama is _El Teatro tagalo_ by Vicente Barrantes, Madrid, 1889. + +[140] Number 877 in Retana's _Biblioteca Filipina_. This novel was +published in Manila in 1885. Friar Bustamente was a Franciscan. + +[141] _Estadismo_, i, pp. 60-61. Commodore Alava was on his way to +make scientific observations of the volcano of Taal. + +Le Gentil writes: "Selon une Ordonnance du Roi, renouvelée peut-être +cent fois, il est ordonné aux Religieux d'enseigner le castillan +aux jeunes Indiens; mais Sa Majesté, m'ont unanimement assuré +les Espagnoles à Manille, n'a point encore été obéie jusqu'a ce +jour." _Voyage_, ii, p. 184. Cf. Zúñiga. _Estadismo_, i, pp. 299-300. + +For some of these ordinances see Retana's notes to Zúñiga, ii, +p. 57 ff. + +[142] Cf. Retana's views expressed ten years ago upon the +impracticability of supplanting to any extent the Tagal language +by the Spanish. The same considerations apply equally well to +English. _Estadismo_, ii, p. 59 ff. + +[143] _Estadismo_, i, pp. 12-13. + +[144] Retana's _Zúñiga_, ii, p. 527. + +[145] _Estadismo_, i, p. 174. I cannot take leave of Zúñiga's book +without recording my opinion that it is the finest flower of the +Philippine literature. Zúñiga did for the island of Luzon what Arthur +Young did for France a few years earlier, or to take an apter parallel, +what President Dwight did for New England. His careful observations, +relieved of tedium by a rare charm of style, his sweetness of temper, +quiet humor, his love of nature and of man all combine to make his +"Travels" a work that would be accorded a conspicuous place in the +literature of any country. An English translation will appear in the +present series. + +[146] Referring to the fort built by Columbus (December, 1492) at +La Navidad, a port on the northern coast of Hispaniola (Hayti). Upon +the admiral's return, a year later, he found that the garrison whom +he had left in this fort had been destroyed by hostile Indians. + +[147] That is, by some act so clear or manifest that no formal sentence +of excommunication is requisite. + +[148] The Gold Coast of Africa, named by its Portuguese discoverers +(about 1471) _Oro de la Mina_ (this is the _Minere Auri_ of our text). + +[149] Our text reads "commissario mayor;" Navarrete reads "Comendador +mayor." + +[150] Our text reads "vos damos todo nuestro poder conplido en aquella +mas abta forma que podemos;" Navarrete reads "vos damosnuestro poder +cumplido en aquella manera é forma que podemos." + +[151] In Navarrete the words "& subcessores & de todos nuestros reynos +& señorios" are omitted. + +[152] Our text reads "qualqujer conçierto, asiento, limjtaçion, +demarcaçion, & concordia sobre lo que dicho es, por los vientos & +grados de norte & del sol, & por aquellas partes divivisiones [sic] +& lugares del caelo & de la mar & de la tierra;" Navarrete reads +"cualquier concierto é limitacion del mar Océano, ó concordia sobre lo +que dicho es, pór los vientos y grados de Norte y Sur, y por aquellas +partes, divisiones y lugares de seco y mar y de la tierra." + +[153] Our text reads "& asi vos damos el dicho poder pera que +podays dexar al dicho Rey de Portugal & a sus reynos & subcesores +todos los mares, yslas, & tieras que fueren & estovieren dentro de +qualqujer limitaçion & demarcacion, que con el fincaren & quedaren;" +Navarrete reads the same (with allowances for modem typography) up to +"demarcaçion," and then adds "de costas, mares, islas y tierras que +fincaren y quedaren." + +[154] Our text reads "que todos los mares, yslas & tierras, que fueren +& escovjeren dentrode la limjtaçion & demarcaçion de costas, mares +& yslas & tierras, que quedaren & fincaren con nos, & con nuestros +subçesores, para que sean nuestros, & de nuestro señorio & conqujsta, & +asi de nuestros reynos & subçesores dellos, con aquellas limjtaçjones +& exebciones;" Navarrete reads "que todos las mares, islas y tierras +que fueren ó estuvieren dentro el límite y demarcation de las costas, +mares y islas y tierras que quedaren por Nos y por nuestros subcesores, +y de nuestro Señorio y conquista, sean de nuestros Reinos y subcesores +de ellos, con aquellas limitaciones y exenciones." + +[155] Our text reads "contrato de las pases;" Navarrete reads "contrato +de las partes." + +[156] Navarrete reads "Sagres" + +[157] Our text reads "& constituymos a todos juntamente & a dos de +vos, & a uno yn soljdun;" Navarrete reads "y constituimos a todos +juntamente y á cada uno de vos _in solidum_." + +[158] See p. 116 and note 149. + +[159] See p. 117, and note 151, where the language is almost identical. + +[160] Our text reads "la qual raya olinea se aya;" Navarrete reads +"la cual reya o lineo é señal se haya." + +[161] This paragraph reads differently in Navarrete, but its sense +is the same. + +[162] Our text reads "grados del sol e norte;" Navarrete reads +"grados de Sur y Norte." + +[163] Navarrete is very faulty in this section. He omits entirely +the following: "& por sus gentes, o in otra qualqujer manera dentro +de las otras ciento y veynte leguas, que quedan para cunplimjento de +las trezientas & setenta leguas, en que ha de acabar la dicha raya +que se ha de faser de polo a polo, como dicho es, en qualqujer parte +de las dichas ciento & veyte [_sic_] leguas para los dichos polos, +que sean alladas fasta el dicho dia, queden, & finquen para los dichos +señores Rey & Reyna de Castilla, & de Aragon, etc., &." This omission +quite obscures the sense. + +[164] This confirmation was given by Pope Julius II in a bull +promulgated January 24, 1506. See _Alguns documentos_, pp. 142-143; +and Bourne's _Essays in Historical Criticism_, p. 203. + +[165] Another dispatch of like tenor was issued in Madrid on May 7 +of the same year.--_Navarrete_. + +[166] The original of this bull is in Torre do Tombo, Lisbon, bearing +pressmark "Col. de Bullas, maço 29, n_o_. 6." It occupies pp. 276-279 +of _Corpo diplomatico Portuguez_. The synopsis from which the above +is translated is in _Alguns documentos_, p. 14., but the date as there +given is wrong, "Quarto Decimo Kalendae Julii," being June 18 and not +17. See also Bourne, _Essays in Historical Criticism_, pp. 194, 195. + +[167] See Bourne, _ut supra_, p. 195, from which this synopsis is +taken. The original of this bull exists in Torre do Tombo, its +pressmark being "Coll. de Bullas, maço 7°, n°. 29." It occupies +pp. 279-286 of _Corpo diplomatico Portuguez_, and is printed also in +_Alguns documentus_, pp. 14-20. + +[168] This military order was founded (August 14, 1318) by the +Portuguese king Dionisio; its knights served against the Moors, +also in Africa and India. Pope Calixtus III invested its grand prior +with the spiritual powers conferred on a bishop. In 1522, João III +became grand-master of the order; and in 1551 this dignity passed +to the crown _in perpetuo_. In 1789, this order had four hundred and +thirty-four commanderies, and twenty-six villages and estates. It is +now only a civil and honorary order. + +[169] See Bourne _ut supra_, p. 195. The original is in Torre do Tombo, +bearing pressmark "Coll. de Bullas, maco 29, n°. 6. Inserta." This +bull occupies pp. 286-296 of _Corpo diplomatico Portuguez_. It is +printed also in _Alguns documentos_, pp. 47-55. + +[170] See _Corpo diplomatico Portuguez_, p. 296. + +[171] Cape Noon (Naon, Non, Nun) is situated near the south-west +extremity of the coast of Morocco; Cape Bojador (Bogiador) projects +into the Atlantic at a point two degrees thirty-eight minutes farther +south than Noon. + +[172] See _Corpo diplomatico Portuguez_, p. 297, and _Alguns +documentos_, p. 366. + +[173] One of the great military orders of Spain, named for its +patron St. James, and founded to protect his shrine at Compostella +from incursions by the Moors. It received papal sanction in 1175; +in 1476 Ferdinand of Castile became its grand master; thus uniting +the order to the crown of Spain. + +[174] The letter here mentioned (see Navarrete's _Col. de viages, +_ iv, p. 312) expresses Cárlos's regret that his negotiations with +the Portuguese ambassadors regarding the ownership of the Malucos +have been fruitless, and his desire that the difficulties should be +amicably adjusted; he refers João to Zúñiga for full details. + +[175] Navarrete omits this section. It will be found in the Treaty +of Tordesillas. + +[176] The Spanish monarch was at this time engaged in his quarrels +with François I of France. + +[177] In another letter of the same date the Emperor complains to +the King of Portugal that the latter's ambassadors have not been +willing to abide by the treaty of Tordesillas in their conferences +with the Castilian plenipotentiaries, "although our right to those +regions discovered and taken possession of by our fleet is fully +apparent from the treaties and compacts negotiated over the division +of lands and the line of demarcation, and confirmed in the name of +each one of us." Neither would they discuss the new propositions +submitted to them--"although with some prejudice to our right;" +nor would they themselves submit new propositions; consequently they +are returning to Portugal without reaching any decision. The letter +closes by saying that the Emperor is about to write about the whole +affair to his representative, "Juan de Zúñiga, knight of the order of +Santiago, residing there [at Lisbon] in our behalf;" and King João +is earnestly requested to rest assured of the love and affection of +the Spanish monarch. + +[178] This was an ancient office in the royal house of Castile. + +[179] Bartulo was an Italian jurisconsult, born (1313) at +Sasso-Ferrato, in Umbria; he died at Perusa in 1356. He was entrusted +with several important political commissions and wrote upon various +points of civil law; some of his works were used as text books in +the most famous universities. He has been styled "the first and most +thorough of the interpreters of law." + +Baldo is evidently one of the two brothers Pietro and Angelo Baldo de +Ubaldis, both eminent Italian jurisconsults. The former was born at +Perusa, in 1324, and died at Pavia, April 28, 1406. He was a man of +vast erudition, and held many important posts--his influence extending +so far that Charles VI of France implored his aid at the Roman court +for convening a general council. He was the author of a number of +commentaries and other works. Angelo was born in 1328, and died in +1407; he was (at the same time with his brother) professor of civil +law at Perusa, and wrote several commentaries and monographs. + +[180] Original in folio bound in parchment. It has forty-three good +sheets.--Note by Muñoz. (Cited by Navarrete). + +[181] The matter in brackets in these proceedings is evidently notes +made by Muñoz, although they may have been made by the Castilian +secretary. + +[182] The number acting for Portugal was not greater than for Spain, +as Gomara points out and whom Herrera copies, but the same on either +side, only while Portugal had two attorneys, Spain had one attorney +and one advocate.--_Navarrete_. + +[183] This date should be June 7, 1494. The Spanish letter of +authorization was dated June 5. + +[184] Original in handwriting of Don Hernando Colon. (Navarrete, +tomo iv, no. xxvii, pp. 343-355. + +[185] Of these navigators, Aloysius (Luigi) da Ca da Mosto made +a voyage to Cape Verde and Senegal, in 1454-55; Antonio de Noly, +to the Cape Verde Islands, in 1462; Pedro de Cintra (Italianized as +Piero d'Sinzia), to Senegal, in 1462; Diego Cano, to the Congo River +and inland, in 1484; Bartolomé Diaz discovered the Cape of Good Hope +in 1486; and Vasco da Gama made several voyages to India, the first +in 1497. + +[186] This is a Latin translation of _Paesi nouamente retronati_ +(Vicenza, 1507)--the earliest known collection of voyages. It is +supposed to have been compiled by Alessandro Zorzi, a Venetian +cosmographer (according to Bartlett); but Fracanzio di Montalboddo, +according to Quaritch (_Catalogue_ No. 362, 1885). Facsimiles of the +titles of both books are given in Bartlett's _Bibliotheca Americana_, +part i, p. 40. + +[187] This is the book called today "the first book of the Kings." + +[188] The original is in folio bound in parchment, with ninety-five +good sheets.--Note by Muñoz (cited by Navarrete). + +[189] The original is "Ambrosio y Teodosio y Macrobio." The same error +was made by Jaime Ferrer, who likewise gives these names as those +of three distinct men instead of one, his true name being "Aurelius +Theodosius Macrobius." See Dawson's _Lines of Demarcation_, 1899, +p. 510. + +[190] Referring to the _Ymago Mundi_ (1483?) of Pierre d'Ailly, +archbishop of Cambray, and cardinal; regarding this book, see +Bartlett's _Bibl. Americana_, part i, pp. 3-5. + +[191] This was the title conferred on Christopher Columbus by the +Catholic sovereigns. + +[192] The individuals of the municipal governing body upon whom +devolves the economic government of a city.--_Novisimo diccionario de +la lengua castellana_ (Paris and Mexico, 1899). See also _Diccionario +enciclopedico hispano-americano_ (Barcelona, 1887-1899), tomo xvii, +pp. 302-303. + +[193] The Consejo de las Ordenes [Council of the Military Orders] +was created by Charles V, from the separate councils of the various +military orders. This council consisted of a president and six or eight +knights, and both temporal and ecclesiastical powers were conferred +upon it. Clement VI approved it, extending its jurisdiction to tithes, +benefices, marriages, and other matters of ordinary authority, and +both Paul III and Saint Pius V confirmed it. Two important tribunals +were created, one called the Tribunal of the Churches, and the other +the Apostolic Tribunal. The first was created by Charles V, and was +under the charge of a Judge protector, and had charge of the repairs, +building, and adornment of the churches of the military orders. The +second was created by Philip II, in virtue of the bull of Gregory +XIII, of October 20, 1584,--this bull having as its object the +amicable adjustment of the disputes between the military orders +and the prelates in regard to jurisdiction, tithes, etc. In 1714 +the jurisdiction of the council was limited by Felipe IV, to the +ecclesiastical and temporal affairs of their own institution. In 1836 +the council was reorganized under the name of tribunal. The tribunal of +the churches was suppressed, as were also the offices of comptroller +and the remaining fiscal officials, and the funds diverted into the +national treasury. Jurisdiction in ecclesiastical matters was limited +to the four military orders of Santiago, Calatrava, Alcántara, and +Montesa. See _Dic.-encic. hisp-amer.,_ tomo v, pp. 821, 822. + +[194] Casa de Contratación de las Indias (House of Commerce of +the Indies). A tribunal, having as its object the investigation +and determination of matters pertaining to the commerce and trade +of the Indies. It consisted of a president and several executive +officials,--both professional and unprofessional men--and a togated +fiscal agent. It was formerly in Seville, but removed later to +Cadiz.--_Dic. encic. hisp.-amer.,_ iv, p. 844. The documents relating +to the affairs of this house were kept formerly in a special archives, +but are housed at present in the Archivo general de Indias in Seville. + +[195] The _corregidor_ was the representative of the royal person, +and combined both judicial and executive functions; in some large +cities he was made president of the city council, with administrative +functions--an office nearly equivalent to that of mayor in American +cities. + +[196] See this document at p. 139, _ante_. + +[197] García de Loaisa, a noted Spanish prelate, was born at Talavera +(Toledo) in 1479; at the age of sixteen, he entered the Dominican +order, of which he became provincial for Spain (1518), and finally +general of the order. He was greatly esteemed by the emperor Charles +V, who chose Loasia as his confessor; and he soon afterward became +bishop of Osma, and president of the Council of the Indies. Later, he +was made a cardinal, and elevated to the archbishopric of Seville. He +acted as Charles's representative at the court of Rome, and was, less +than a year before his death, appointed general of the Inquisition; +even in that short time one hundred and twenty persons were burned +at the stake, and six hundred more punished in various ways. Loaisa +died April 21, 1546. + +[198] The military order of Calatrava was formed to hold the town +of that name against the Moors, and was organized in 1164; it was +annexed to the Castilian crown during the reign of Cárlos I. + +[199] It is said that this fair at Medina del Campo is still held +(in May and October of each year); and that money was lent by the +crown to persons who desired loans--hence the allusion in the text. + +[200] Ordinarily the tithes in each diocese were divided into +four equal parts--of which one was set aside for the bishop, +and one for the chapter. Then the other two were divided into +nine portions (_novenii_), whereof one and one-half were for the +_fabrica_ of the church (the corporate body who administered its +temporalities, consisting of the _cura_ and churchwardens), four for +the _parrocos_ (parish priests) and lower clergy, one and one-half +for the hospitals, and two for the King--all but this last being +variable. See Baluffi's _America en tempo Spagnuola_ (Ancona, 1844) +ii, p. 41.--_Rev_. T. C. _Middleton_, O. S. A. + +[201] The documents published by Navarrete in full, or in copious +extracts, are the most valuable; and they are usually such as are +otherwise comparatively or wholly unknown. It is to be regretted +that Navarrete has modernized the spelling, and otherwise "improved" +the text; but the originals are presented in all essential features, +and form a valuable collection of early documentary material. + +[202] An extract from Magalhães's first will (December 17, 1504) +and the whole of his second (August 24, 1519) are given in English +translation in Guillemard's _Life of Magellan_, London, 1890, appendix +ii, pp. 316-326. + +[203] He therein petitions that the sum of twelve thousand five hundred +maravedis, allowed him for his services, be paid to the convent of +Vitoria at Triana. + +[204] Fernão de Magalhães was a native of Oporto, and of noble +lineage. In early life he entered the Portuguese army, in which he +rendered distinguished service; from 1505 until probably 1511 he was in +India. Finding no opportunity for promotion in Portugal, he transferred +his allegiance (1518) to the King of Castile, and promised the latter +that he would discover a new route to Moluccas. Magalhães set out on +this expedition September 20, 1519, with five ships, and discovered +the strait which bears his name; he also discovered and explored +partially the Philippine Archipelago. He was slain in a fight with +the natives in the island of Matan, April 27, 1521. + +[205] Navarrete presents only an analysis of this letter. + +[206] An itemized account (condensed) of the expenses involved in the +preparation and equipment of the fleet is given by Navarrete, no. xvii, +pp. 162-182. An English translation is presented in Guillemard's _Life +of Magellan_, appendix iv, pp. 329-336. From a comparison of the two, +it appears that the latter had access to the original documents at +Seville. Few slight differences occur between them. The figures as +given by Navarrete show several errors. The student will do well to +examine both of these lists. No. xviii in Navarrete, pp. 182-188, shows +the amounts and distribution of the food and other stores carried. + +[207] Navarrete says, _ut supra_, p. xiii, that the officials of +the House of Trade were always hostile to Magallánes. The Portuguese +machinations to cause the defeat and ruin of the expedition and the +efforts put forth to induce Magallánes to return to his allegiance +are well shown in two documents. The first is a letter written the +Portuguese king by Alvaro da Costa, September 28, 1518. Navarrete, +no. vi, pp. 123, 124, gives a Spanish extract made by Muñoz from +the original in Portugal, and Guillemard, _ut supra_, pp. 114-116 +(see also note, p. 116), gives in part an English translation. The +second document is a letter written from Seville, July 18, 1519, by the +Portuguese factor Sebastian Alvarez to the King of Portugal. Navarrete, +no. xv, pp. 153-155, gives a Spanish extract made by Muñoz. The +Portuguese of the entire letter is published in _Alguns Documentos_, +pp. 431-435. Guillemard, _ut supra_, pp. 130-134, gives an English +translation of its essential portions, which is borrowed, in part, +by Butterworth in _Story of Magellan_, pp. 46-48, New York, 1899. + +[208] All these are synopses of the documents. + +[209] _Ibid_. + +[210] More than this number actually sailed; see Guillemard, _Life +of Magellan_, p. 336. + +[211] The matter in brackets is evidently by Navarrete. + +[212] This document opens with a list of the various dignities of the +King and Queen of Spain, which is omitted here, as being similar to +that already given in the Treaty of Tordesillas. + +[213] Reference is here made to Juana, Cárlos I's mother, the daughter +and nominally the successor of Isabella, and later of Ferdinand. Juana +being inflicted with insanity from 1503 until her death in 1555, +Ferdinand acted as regent until his death (1516), when Cardinal Ximenes +succeeded him in that capacity, acting until Cárlos I attained his +majority. (1518)--Juana still being queen of Castile and Aragon. + +[214] The original is defective here, and these readings are +conjectural. + +[215] The title given formerly to the governor of a province. + +[216] The Portuguese transcriber was unable to decipher the original +of the bracketed words. Navarrete, who prints these instructions to +Magalhães and Falero, (_Col. de Viages_, tomo iv, pp. 116-121) reads +this passage thus "quien se pase" and continues "é se asiente." _Alguns +Documentos_ reads "que ..." and continues "& se entregue." The MS. in +Torre do Tombo from which the Portuguese transcript was made read +"q enpase," continuing as does the Portuguese version. It must be +remembered that Navarrete took his copy from the original document +(existing in Seville) of the agreement made with Magalhães and Falero, +made March 22, 1518; this was included in the instructions given +to Juan de Cartagena, the recipient of the present letter, and was +doubtless copied from the original in Seville. + +[217] A metal found by Columbus in the Isla Española. It is composed +of 18 parts gold, 6 of silver, and 8 of copper.--_Dic. de la Lengua +Castellano_. + +[218] This must have been the Strait of Magellan. + +[219] The Spanish reads literally, "They gave him a blow on the head +with a mallet." + +[220] The original is defective here, and this reading is only +conjectural. + +[221] Juan Sebastian del Cano.--_Stevens_. + +[222] Pietro Martire d'Anghiera (commonly known as Peter Martyr) was +an Italian priest and historian, who was born in 1455. At the age of +thirty-two years he went to the Castilian court; at various times, +he served in the army (during two campaigns), maintained a school +for boys, was sent as an ambassador to other courts, and in many ways +occupied a prominent place in the affairs of the Spanish Kingdom. He +died in 1526. His most noted work was _De orbe nouo Decades_ (Alcala, +1516); it had numerous editions, and was translated into several other +languages. An English translation of the first three Decades was made +by Richard Eden (London, 1555); this was reprinted in Arber's _First +Three English Books on America_ (Birmingham, 1885). + +[223] The name Bacallaos (according to early French writers a Basque +appellation of the codfish) was also applied, by a natural extension, +to the region afterward known as Canada. According to Peter Martyr, the +name Bacallaos was given to those lands by Sebastian Cabot, "because +of the great multitudes of fishes found in the seas thereabout." See +_Jesuit Relations_ (Cleveland reissue), i, p. 308, and ii, p. 295. + +[224] Fifty-six degrees west of the Canaries would be about +seventy-four degrees west of Greenwich--Magellan was some ten or +twelve degrees out.--_Stevens_. + +[225] Among whom was Esteven Gomez; this ship was the "San +Antonio."--_Steven's_. + +[226] The measure of length known as a mile varies greatly in different +countries. The geographical or nautical mile (one-sixtieth of a degree +of the equator, and equal to 1.153 English statute miles) is used +by mariners of all nations. The _milha_ of Portugal is equivalent +to 1.2786 English miles; the Italian _miglio_ varies from O.6214 to +1.3835 English miles; the _legua_ (league) of Spain amounts to 4.2151 +English miles. + +[227] San Pablo and Tiburones. Cf. Droysen and Andree's _Historischer +Hand Atlas_, 1884, Karte 83; also Admiralty Chart, Sec. xv, +767.--_Stevens_. + +[228] Inarajan, now confined to the port on the southeast coast of +Guajan, the southermost of the Ladrones.--_Stevens_. + +[229] Acacan,_i.e._ _Sosan_-jaya, the watering place at the west end +of Rota Island, north of Guajan.--_Stevens_. + +[230] The Caylon of Magellan, now confined to the port on the southwest +side of the island of Leyte, Philippines.--_Stevens_. + +[231] The Maasin of Coello, or Masin of Admiralty Chart, Sec. xiii, +943; at south end of island of Leyte, the Selani of text.--_Stevens_. + +[232] In the museum of the Colegio de Agustinos Filipinos at +Valladolid, Spain, is a tablet bearing the following inscription (in +English translation): "On the twenty-sixth of April, 1521, died on this +spot, while fighting valiantly, Don Hernando Magallánes, general of +the Spanish fleet, whose name alone is his greatest eulogy. Desiring +that the memory of the place where so famous and fatal an event +took place should not perish, and circumstances not permitting us +at this time to erect a monument worthy of the heroic discoverer, +this present inscription is religiously and humbly consecrated, +as a memorial, by the parochial priest of the island, the reverend +father Fray Benito Perez, on the twenty-ninth of February, 1843." This +tablet is about three feet by one and one-half feet in size, and is +made of molave wood; the letters (capitals) are neatly carved in the +wood--the work being done, in all probability, by some native under +the priest's supervision. Attached to the tablet is a card, bearing +the following inscription: "This inscription, cut in molave wood, was +accidentally found by the very reverend father Fray Jorge Romanillos, +the present parish priest of Opong, in the island of Mactang, where it +stood beside a cross, before the erection of the monument. He sends +it as a memento to the royal college of the Augustinian Fathers of +the Filipinas, at Valladolid, in the year 1887." + +[233] Or Quipit, the port of this name on the northwest part of +Mindanao, applied in error to the whole island.--_Stevens_. + +[234] Probably Yolo, certainly one of the Sulu islands.--_Stevens_. + +[235] _I.e._ Ternate, Moter, Tidore, Maru, Mutjan.--_Stevens_. + +[236] "They did not find Cattigara" is as true today as when +Maximilian wrote in 1522. For various conflicting authorities upon +its site _north_ of the equator, cf. ante p.312, and McCrindle's +_Ancient India_, 1885, p.10. Ptolemy however places it (Asia Tab. xi) +nine degrees _south_ of the equator. For a curious chapter upon this +point see Manoel Godinho de Eredia's _Malacca_, edited by Janssen, +Brussels, 1883. 4to, part 3. Why not Kota-Radja at the north end +of Sumatra?--_Stevens_. + + + + + + +End of the Project Gutenberg EBook of The Philippine Islands, 1493-1803 +by Emma Helen Blair + +*** END OF THIS PROJECT GUTENBERG EBOOK THE PHILIPPINE ISLANDS, 1493-1803 *** + +***** This file should be named 13255-8.txt or 13255-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/3/2/5/13255/ + +Produced by Jeroen Hellingman and the Distributed Proofreaders Team + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Philippine Islands, 1493-1803 + +Author: Emma Helen Blair + +Release Date: August 22, 2004 [EBook #13255] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PHILIPPINE ISLANDS, 1493-1803 *** + + + + +Produced by Jeroen Hellingman and the Distributed Proofreaders Team + + + + + + + + + +The Philippine Islands, 1493-1898 + +explorations by early navigators, descriptions of the islands and +their peoples, their history and records of the catholic missions, +as related in contemporaneous books and manuscripts, showing the +political, economic, commercial and religious conditions of those +islands from their earliest relations with European nations to the +beginning of the nineteenth century + +Volume I, 1493-1529 + + + +Edited and annotated by Emma Helen Blair and James Alexander Robertson +with historical introduction and additional notes by Edward Gaylord +Bourne. + + + + + + + + +Contents of Volume I + + +General Preface. _The Editors_. ... 13 +Historical Introduction. _Edward Gaylord Bourne._ ... 19 +Preface to Volume I ... 89 +Documents regarding the Line of Demarcation: + + Papal Bulls of 1493: _Inter caetera_ (May 3), _Eximiae_ (May + 3), _Inter caetera_ (May 4), _Extension de la concesion_ + (September 25). Alexander VI; Rome, 1493. ... 97 + Treaty of Tordesillas. Fernando V and Isabel of Castile, + and Joao II of Portugal; Tordesillas, June 7, 1494. ... 115 + [Note on correspondence of Jaime Ferrer regarding the Line + of Demarcation--1493-95.] 130 + Compact between the Catholic Sovereigns and the King of + Portugal. Fernando V and Isabel of Castile, and Joao II of + Portugal; Madrid, April 15, 1495. 131 + Papal Bull, _Praecelsae_ Leo X; Rome, November 3, 1514. 136 + Instructions from the King of Spain to his ambassadors. Carlos + I of Spain; Valladolid, February 4, 1523. 139 + Letter to Juan de Zuniga. Carlos I of Spain; Pamplona, + December 18, 1523. 145 + Treaty of Vitoria. Carlos I of Spain, and Joao III of Portugal; + Vitoria, February 19, 1524 + Junta of Badajoz: extract from the records in the possession + and ownership of the Moluccas. Badajoz; April 14-May 13, 1524 + + Opinions concerning the ownership of the + Moluccas. Hernando Colon, Fray Tomas Duran, Sebastian + Caboto, and Juan Vespucci; Badajoz April 13-15, 1524 + Letters to the Spanish delegates at the Junta of + Badajoz. Carlos I of Spain; Burgos, March 21 and + April 10, 1524 + + Treaty of Zaragoza. Carlos I of Spain and Joao III of Portugal; + Zaragoza, April 29, 1529 + +Papal Bull, _Eximiae_. Alexander VI; Rome, November 16, 1501 +Life and Voyage of Fernao de Magalhaes. + + [Resume of contemporaneous documents--1518-27.] + Letter of authorization to Falero and Magalhaes. Carlos I of + Spain; Valladolid, March 22, 1518 + Carta de el-rei de Castella para El-rei D. Manuel. Carlos I + of Spain; Barcelona, February 28, 1519 + Instructions to Juan de Cartagena. Carlos I of Spain; + Barcelona, April 6, 1519 + [1]Carta do rei de Castella a Fernando de Magalhaes e a Ruy + Falero. Carlos I; Barcelona, April 19, 1519 ... 294 + Extracto de una carta de las Indias. 1522. ... 296 + De Molvccis Insulis. [Letter to the Cardinal of Salzburg, + describing Magalhaes's voyage to the Moluccas.] Maximillianus + Transylvanus; Coloniae, 1523. ... 305 + +Bibliographical Data ... 339 +Appendix: Chronological Tables ... 345 + + + + +Illustrations + + +Portrait of Fernao de Magalhaes; photographic reproduction +from painting in the Museo-Biblioteca de Ultramar, +Madrid. ... _Frontispiece_ +Signature of Fernao de Magalhaes; photographic facsimile, from original +_Ms_. in Archivo General de Indias, Seville. ... 273 +Title-page of _De Molvccis Insulis_; photographic facsimile, from +copy of the first edition, at Lenox Library. ... 303 +General map of the Philippine Archipelago. ... _At end of volume_ + + + + + +General Preface + + +The entrance of the United States of America into the arena of +world-politics, the introduction of American influence into Oriental +affairs, and the establishment of American authority in the Philippine +archipelago, all render the history of those islands and their, +numerous peoples a topic of engrossing interest and importance +to the reading public, and especially to scholars, historians, +and statesmen. The present work--its material carefully selected +and arranged from a vast mass of printed works and unpublished +manuscripts--is offered to the public with the intention and hope +of casting light on the great problems which confront the American +people in the Philippines; and of furnishing authentic and trustworthy +material for a thorough and scholarly history of the islands. For +this purpose, the Editors reproduce (mainly in English translation) +contemporaneous documents which constitute the best original sources +of Philippine history. Beginning with Pope Alexander VI's line of +demarcation between the Spanish and the Portuguese dominions in the +New World (1493), the course of history in the archipelago is thus +traced through a period of more than three centuries, comprising the +greater part of the Spanish regime. + +In the selection of material, the Editors have sought to make +the scope of the work commensurate with the breadth of the field, +and to allot to each subject space proportioned to its interest; +not only the political relations, but the social and religious, +economic and commercial conditions of the Philippines have received due +attention and care. All classes of writers are here represented--early +navigators, officials civil and military, ecclesiastical dignitaries, +and priests belonging to the various religious orders who conducted +the missions among the Filipino peoples. To the letters, reports, and +narratives furnished by these men are added numerous royal decrees, +papal bulls and briefs, and other valuable documents. Most of this +material is now for the first time made accessible to English-speaking +readers; and the great libraries and archives of Spain, Italy, France, +England, Mexico, and the United States have generously contributed +to furnish it. + +In the presentation of these documents, the Editors assume an entirely +impartial attitude, free from any personal bias, whether political or +sectarian. They aim to secure historical accuracy, especially in that +aspect which requires the sympathetic interpretation of each author's +thought and intention; and to depict faithfully the various aspects +of the life of the Filipinos, their relations with other peoples +(especially those of Europe), and the gradual ascent of many tribes +from barbarism. They invite the reader's especial attention to the +Introduction furnished for this series by Professor Edward Gaylord +Bourne, of Yale University--valuable alike for its breadth of view +and for its scholarly thoroughness. The Bibliographical Data at the +end of each volume will supply necessary information as to sources +and location of the documents published therein; fuller details, and +of broader scope, will be given in the volume devoted to Philippine +bibliography, at the end of the series. + +In preparing this work, the Editors have received most friendly +interest and aid from scholars, historians, archivists, librarians, +and State officials; and from prominent ecclesiastics of the Roman +Catholic church, and members of its religious orders. Especial +thanks are due to the following persons: Hon. John Hay, Secretary +of State, Washington; Sr. D. Juan Riano, secretary of the Spanish +Legation, Washington; Hon. Bellamy Storer, late U.S. Minister to +Spain; Hon. Robert Stanton Sickles, secretary of U.S. Legation, +Madrid; Dr. Thomas Cooke Middleton, O.S.A., Villanova College, +Penn.; Rev. Thomas E. Sherman, S.J., St. Ignatius College, Chicago; +Rev. John J. Wynne, S.J., Apostleship of Prayer, New York; Rev. Ubaldus +Pandolfi, O.S.F., Boston; Bishop Ignatius F. Horstmann, Cleveland; +Bishop Sebastian G. Messmer, Green Bay, Wis.; Fray Eduardo Navarro +Ordonez, O.S.A., Colegio de Agustinos, Valladolid, Spain; Rev. Pablo +Pastells, S.J., Sarria, Barcelona, Spain; Charles Franklin Thwing, +LL.D., President of Western Reserve University; Frederick J. Turner, +Director of the School of History, University of Wisconsin; Richard +T. Ely (director) and Paul S. Reinsch, of the School of Economics and +Political Science, University of Wisconsin; Edward G. Bourne, Professor +of History, Yale University; Herbert Putnam (librarian), Worthington +C. Ford, P. Lee Phillips, A.P.C. Griffin, James C. Hanson, and other +officials, Library of Congress, Washington, D. C.; Wilberforce Eames +(librarian) and Victor H. Paltsits, Lenox Library, New York; William +I. Fletcher, librarian of Amherst College; Reuben G. Thwaites and +Isaac S. Bradley, State Historical Society of Wisconsin; William +C. Lane (librarian) and T.J. Kiernan, Library of Harvard University; +John D. Fitzgerald, Columbia University, New York; Henry Vignaud, chief +secretary of U.S. Legation, Paris; Sr. D. Duque del Almodovar del Rio, +Minister of State, Madrid, Spain; Sr. Francisco Giner de los Rios, of +University of Madrid, and Director of Institucion Libre de Ensenanza; +Sr. Ricardo Velasquez Bosco, Madrid; Sr. D. Cesareo Fernandez Duro, +of Real Academia de la Historia, Madrid; Sr. D. Eduardo de Hinojosa, +Madrid; Sr. D. Pedro Torres Lanzas, Director of Archivo General de +Indias, Seville; Sr. D. Julian Paz, Director of Archivo General, +Simancas; Sr. D. Francisco de P. Cousino y Vazquez, Librarian of +Museo-Biblioteca de Ultramar, Madrid. + +Favors from the following are also acknowledged. Benj. P. Bourland, +Professor of Romance Languages, Western Reserve University; Professor +C.H. Grandgent, Department of Romance Languages, Harvard University; +John Thomson, Free Library of Philadelphia; George Parker Winship, +Carter-Brown Library, Providence, R.I.; Addison Van Name, Librarian +of Yale University; Otto H. Tittmann, U.S. Coast and Geodetic Survey, +and Dr. Otis T. Mason, Curator U.S. National Museum, Washington, +D. C.; Rev. Laurence J. Kenny, S.J., St. Louis University; +Rev. Henry J. Shandelle, S.J., Georgetown University, Washington; +Rev. Thomas Hughes, S.J., and Rev. Rudolf J. Meyer, S.J., Rome, Italy; +Dr. N. Murakami, Imperial University, Tokyo, Japan; Sr. D. Vicente +Vignau y Balester, Director of Archivo Historico-Nacional, Madrid; +Sr. D. Conde de Ramonones, Minister of Public Instruction, Madrid; +Sr. D.W.E. Retana, Civil Governor of province of Huesca, Spain; +Sr. D. Clemente Miralles de Imperial (director) and Sr. D. J. Sanchez +Garrigos (librarian), of Compania General de Tabacos de Filipinas, +Barcelona; Rev. Julius Alarcon, S.J., Rev. Joaquin Sancho, S.J., +Rev. J.M. de Mendia, S.J., and the late Rev. Jose Maria Velez, S.J., +Madrid; Rev. T. M. Obeso, S.J., Bilbao; Rev. Jose Algue, S.J., Director +of Observatory, Manila, Luzon; Fray Tirso Lopez, O.S.A., and Fray +Antonio Blanco, O.S.A., Colegio de Agustinos, Valladolid; Sr. Antonio +Rodriguez Villa, Biblioteca de la Real Academia de la Historia, +Madrid; Sr. Roman Murillo y Ollo, Librarian, Real Academia Espanola, +Madrid; and officials of Biblioteca Nacional, Madrid; Sr. Gabriel +Pereira, Director of Bibliotheca Nacional, Lisbon; Sr. P.A. d'Azevedo, +Director of Archivo Nacional (Torre do Tombo), Lisbon; Sr. Jose Duarte +Ramalho Ortigao (director) and Sr. Jordao A. de Freitas (official), +Bibliotheca Real da Ajuda, Lisbon; officials of Academia Real das +Sciencias, Lisbon; and officials of U.S. Legations, Lisbon and Madrid. + +_Emma Helen Blair_ +_James Alexander Robertson_ + + + +Historical Introduction + +_by Edward Gaylord Bourne_ + +The American people are confronted with two race problems, one within +their own confines and long familiar but still baffling solution; +the other, new, remote, unknown, and even more imperatively demanding +intelligent and unremitting effort for its mastery. + +In the first case there are some eight millions of people +ultimately derived from various savage tribes in Africa but long +since acclimatized, disciplined to labor, raised to civilized life, +Christianized, and by the acquisition of the English language brought +within a world of ideas inaccessible to their ancestors. Emancipated +by the fortune of war they are now living intermingled with a ruling +race, in it, but not of it, in an unsettled social status, oppressed +by the stigma of color and harassed and fettered by race prejudice. + +In the other case there are six or seven millions of Malays whose +ancestors were raised from barbarism, taught the forms and manners +of civilized life, Christianized, and trained to labor by Catholic +missionaries three centuries ago. A common religion and a common +government have effaced in large measure earlier tribal differences +and constituted them a people; yet in the fullest sense of the word a +peculiar people. They stand unique as the only large mass of Asiatics +converted to Christianity in modern times. They have not, like the +African, been brought within the Christian pale by being torn from +their natural environment and schooled through slavery; but, in their +own home and protected from general contact with Europeans until +recent times, they have been moulded through the patient teaching, +parental discipline, and self-sacrificing devotion of the missionaries +into a whole unlike any similar body elsewhere in the world. They, +too, by the fortunes of war have lost their old rulers and guides +and against their will submit their future to alien hands. To govern +them or to train them to govern themselves are tasks almost equally +perplexing, nor is the problem made easier or clearer by the clash +of contradictory estimates of their culture and capacity which form +the ammunition of party warfare. + +What is needed is as thorough and intelligent a knowledge of their +political and social evolution as a people as can be gained from +a study of their history. In the case of the Negro problem the +historical sources are abundant and accessible and the slavery +question is accorded, preeminent attention in the study of American +history. In the Philippine question, however, although the sources +are no less abundant and instructive they are and have been highly +inaccessible owing, on the one hand, to the absolute rarity of the +publications containing them, and, on the other, to their being +in a language hitherto comparatively little studied in the United +States. To collect these sources, scattered and inaccessible as they +are, to reproduce them and interpret them in the English language, +and to make it possible for university and public libraries and +the leaders in thought and policy to have at hand the complete and +authentic records of the culture and life of the millions in the +Far East whom we must understand in order to do them justice, is an +enterprise large in its possibilities for the public good. + +In accordance with the idea that underlies this collection this +Introduction will not discuss the Philippine question of today nor +Philippine life during the last half century, nor will it give a +short history of the Islands since the conquest. For all these the +reader may be referred to recent publications like those of Foreman, +Sawyer, or Worcester, or earlier ones like those of Bowring and +Mallat, or to the works republished in the series. The aim of the +Introduction is rather to give the discovery and conquest of the +Philippines their setting in the history of geographical discovery, +to review the unparalleled achievements of the early conquerors and +missionaries, to depict the government and commerce of the islands +before the revolutionary changes of the last century, and to give such +a survey, even though fragmentary, of Philippine life and culture under +the old regime as will bring into relief their peculiar features and, +if possible, to show that although the annals of the Philippines may +be dry reading, the history of the Philippine people is a subject of +deep and singular interest. + +The Philippine Islands in situation and inhabitants belong to the +Asiatic world, but, for the first three centuries of their recorded +history, they were in a sense a dependency of America, and now the +whirligig of time has restored them in their political relations to +the Western Hemisphere. As a dependency of New Spain they constituted +the extreme western verge of the Spanish dominions and were commonly +known as the Western Islands [2] _(Las Islas del Poniente)._ Their +discovery and conquest rounded out an empire which in geographical +extent far surpassed anything the world had then seen. When the sun +rose in Madrid, it was still early afternoon of the preceding day in +Manila, and Philip II was the first monarch who could boast that the +sun never set upon his dominions. [3] + +In one generation, 1486-1522, the two little powers of the Iberian +Peninsula had extended their sway over the seas until they embraced the +globe. The way had been prepared for this unparalleled achievement by +the courage and devotion of the Portuguese Prince Henry the Navigator, +who gave his life to the advancement of geographical discovery and +of Portuguese commerce. The exploration of the west coast of Africa +was the school of the navigators who sailed to the East and the West +Indies, and out of the administration of the trade with Africa grew +the colonial systems of later days. + +In the last quarter of the fifteenth century the increasing +obstructions in Egypt and by the Turks to the trade with the East +Indies held out a great prize to the discoverer of an all-sea route +to the Spice Islands. Bartholomew Diaz and Vasco da Gama solved this +problem for Portugal, but the solution offered to Spain by Columbus +and accepted in 1492 revealed a New World, the Indies of the West. + +The King of Portugal, zealous to retain his monopoly of African and +eastern exploration, and the pious sovereigns of Spain, desirous to +build their colonial empire on solid and unquestioned foundations, +alike appealed to the Pope for a definition of their rights and a +confirmation of their claims. The world seemed big enough and with a +spacious liberality Pope Alexander VI granted Ferdinand and Isabella +the right to explore and to take possession of all the hitherto +unknown and heathen parts of the world west of a certain line drawn +north and south in the Atlantic Ocean. East of that line the rights +of Portugal, resting on their explorations and the grants of earlier +popes, were confirmed. + +The documentary history of the Philippines begins with the Demarcation +Bulls and the treaty of Tordesillas, for out of them grew Magellan's +voyage and the discovery of the islands; and without them the +Philippines would no doubt have been occupied by Portugal and later +have fallen a prey to the Dutch as did the Moluccas. + +King John of Portugal was dissatisfied with the provisions of the +Demarcation Bulls. He held that the treaty between Spain and Portugal +in 1479 had resigned to Portugal the field of oceanic discovery, +Spain retaining only the Canaries; and he felt that a boundary line +only a hundred leagues west of the Azores not only was an infringement +on his rights but would be a practical embarrassment in that it would +not allow his sailors adequate sea room for their African voyages. + +His first contention was hardly valid; the second, however, +was reasonable and, as Columbus had estimated the distance from +the Canaries to the new islands at over nine hundred leagues, the +Catholic sovereigns were disposed to make concessions. By the treaty +of Tordesillas, June 7, 1494, it was agreed that the Demarcation +Line should be drawn three hundred and seventy leagues west of the +Cape Verde Islands. [4] This treaty accepted the principle of the +Papal arbitration but shifted the boundary to a position supposed to +be half-way between the Cape Verde Islands and the newly discovered +islands of Cipangu and Antilia. [5] + +Neither in the Papal Bulls nor in the Treaty of Tordesillas was there +any specific reference to an extension of the Line around the globe or +to a division of the world. The arrangement seems to have contemplated +a free field for the exploration and conquest of the unknown parts +of the world, to the eastward for Portugal, and to the westward for +Spain. If they should cross each other's tracks priority of discovery +would determine the ownership. [6] + +The suggestion of the extension of the line around the globe and of the +idea that Spain was entitled to what might be within the hemisphere +set off by the Demarcation Line and its extension to the antipodes +does not appear until the time of Magellan, and it is then that we +first meet the notion that the Pope had divided the world between +Spain and Portugal like an orange. [7] + +The Portuguese reached India in 1498. Thirteen years later Albuquerque +made conquest of Malacca of the Malay Peninsula, the great entrepot +of the spice trade; but even then the real goal, the islands where +the spices grow, had not been attained. The command of the straits, +however, promised a near realization of so many years of labor, and, as +soon as practicable, in December 1511, Albuquerque despatched Antonio +d'Abreu in search of the precious islands. A Spanish historian of the +next century affirms that Magellan accompanied d'Abreu in command of +one of the ships, but this can hardly be true. [8] Francisco Serrao, +however, one of the Portuguese captains, was a friend of Magellan's and +during his sojourn of several years in the Moluccas wrote to him of a +world larger and richer than that discovered by Vasco da Gama. It is +probable, as the historian Barros, who saw some of this correspondence, +sugguests, that Serrao somewhat exaggerated the distance from Malacca +to the Moluccas, and so planted the seed which bore such fruit in +Magellan's mind. [9] + +The year after the Portuguese actually attained the Spice Islands, +Vasco Nunez de Balboa, first of Europeans (1513), set eyes upon the +great South Sea. It soon became only too certain that the Portuguese +had won in the race for the land of cloves, pepper, and nutmegs. But, +in the absence of knowledge of the true dimensions of the earth and +with an underestimate of its size generally prevailing, the information +that the Spice Islands lay far to the east of India revived in the +mind of Magellan the original project of Columbus to seek the land +of spices by the westward route. That he laid this plan before the +King of Portugal, there seems good reason to believe, but when he saw +no prospect for its realization, like Columbus, he left Portugal for +Spain. It is now that the idea is evolved that, as the Moluccas lie so +far east of India, they are probably in the Spanish half of the world, +and, if approached from the west, may be won after all for the Catholic +king. No appeal for patronage and support could be more effective, +and how much reliance Magellan and his financial backer Christopher +Haro placed upon it in their petition to King Charles appears clearly +in the account by Maximilianus Transylvanus of Magellan's presentation +of his project: "They both showed Caesar that though it was not yet +quite sure whether Malacca was within the confines of the Spaniards +or the Portuguese, because, as yet, nothing of the longitude had been +clearly proved, yet, it was quite plain that the Great Gulf and the +people of Sinae lay within the Spanish boundary. This too was held +to be most certain, that the islands which they call the Moluccas, +in which all spices are produced, and are thence exported to Malacca, +lay within the Spanish western division, and that it was possible to +sail there; and that spices could be brought thence to Spain more +easily, and at less expense and cheaper, as they come direct from +their native place." [10] + +Equally explicit was the contract which Magellan entered into with King +Charles: "Inasmuch as you bind yourself to discover in the dominions +which belong to us and are ours in the Ocean Sea within the limits of +our demarcation, islands and mainlands and rich spiceries, etc." This +is followed by an injunction "not to discover or do anything within +the demarcation and limits of the most serene King of Portugal." [11] + +Las Casas, the historian of the Indies, was present in Valladolid when +Magellan came thither to present his plan to the King. "Magellan," +he writes, "had a well painted globe in which the whole world was +depicted, and on it he indicated the route he proposed to take, +saving that the strait was left purposely blank so that no one should +anticipate him. And on that day and at that hour I was in the office +of the High Chancellor when the Bishop [of Burgos, Fonseca] brought it +[_i.e._ the globe] and showed the High Chancellor the voyage which +was proposed; and, speaking with Magellan, I asked him what way he +planned to take, and he answered that he intended to go by Cape Saint +Mary, which we call the Rio de la Plata and from thence to follow the +coast up until he hit upon the strait. But suppose you do not find +any strait by which you can go into the other sea. He replied that +if he did not find any strait that he would go the way the Portuguese +took.--This Fernando de Magalhaens must have been a man of courage and +valiant in his thoughts and for undertaking great things, although +he was not of imposing presence because he was small in stature and +did not appear in himself to be much." [12] + +Such were the steps by which the Papal Demarcation Line led to +the first circumnavigation of the globe, the greatest single human +achievement on the sea. [13] The memorable expedition set out from +Seville September 20, 1519. A year elapsed before the entrance to the +strait named for the great explorer was discovered. Threading its +sinuous intricacies consumed thirty-eight days and then followed a +terrible voyage of ninety-eight days across a truly pathless sea. The +first land seen was the little group of islands called Ladrones from +the thievishness of the inhabitants, and a short stay was made at +Guam. About two weeks later, the middle of March, the little fleet +reached the group of islands which we know as the Philippines but +which Magellan named the islands of St. Lazarus, from the saint whose +day and feast were celebrated early in his stay among them. [14] + +The calculations of the longitude showed that these islands were well +within the Spanish half of the world and the success with which a Malay +slave of Magellan, brought from Sumatra, made himself understood [15] +indicated clearly enough that they were not far from the Moluccas +and that the object of the expedition, to discover a westward route +to the Spice Islands, and to prove them to be within the Spanish +demarcation, was about to be realized. But Magellan, like Moses, +was vouchsafed only a glimpse of the Promised Land. That the heroic +and steadfast navigator should have met his death in a skirmish with +a few naked savages when in sight of his goal, is one of the most +pathetic tragedies in history. [16] + +The difficulties, however, of approaching the Moluccas by the western +route through the straits of Magellan (that Cape Horn could be rounded +was not discovered till 1616), the stubborn and defiant attitude +of the King of Portugal in upholding his claims, the impossibility +of a scientific and exact determination of the Demarcation Line in +the absence of accurate means for measuring longitude,--all these, +reinforced by the pressure of financial stringency led King Charles in +1529 to relinquish all claims to or rights to trade with the Moluccas +for three hundred and fifty thousand ducats. [17] In the antipodes a +Demarcation Line was to be drawn from pole to pole seventeen degrees +on the equator, or two hundred and ninety-seven leagues east of the +Moluccas, and it was agreed that the subjects of the King of Castile +should neither sail or trade beyond that line, or carry anything +to the islands or lands within it. [18] If a later scientific and +accurate determination should substantiate the original claims of +either party the money should be returned [19] and the contract be +dissolved. Although the archipelago of St. Lazarus was not mentioned +in this treaty it was a plain renunciation of any rights over the +Philippines for they lie somewhat to the west of the Moluccas. + +The King of Spain, however, chose to ignore this fact and tacitly +assumed the right to conquer the Philippines. It was, however, +thirteen years before another attempt was made in this direction. By +this time the conquest and development of the kingdom of New Spain +made one of its ports on the Pacific the natural starting point. This +expedition commanded by Rui Lopez de Villalobos was despatched +in 1542 and ended disastrously. The Portuguese Captain-general in +the Moluccas made several vigorous protests against the intrusion, +asserting that Mindanao fell within the Portuguese Demarcation and +that they had made some progress in introducing Christianity. [20] + +Villalobos left no permanent mark upon the islands beyond giving +the name "Felipinas" to some of them, in honor of "our fortunate +Prince." [21] + +Nearly twenty years elapsed before another expedition was undertaken, +but this was more carefully organized than any of its predecessors, and +four or five years were absorbed in the preparations. King Philip II, +while respecting the contract with Portugal in regard to the Moluccas, +proposed to ignore its provisions in regard to other islands included +within the Demarcation Line of 1529. In his first despatch relative +to this expedition in 1559 he enjoins that it shall not enter the +Moluccas but go "to other islands that are in the same region as +are the Philippines and others that were outside the said contract, +but within our demarcation, that are said to produce spices." [22] + +Friar Andres de Urdaneta, who had gone to the Moluccas with Loaisa +in 1525, while a layman and a sailor, explained to the king that as +_la isla Filipina_ was farther west than the Moluccas the treaty of +Zaragoza was just as binding in the case of these islands as in that +of the Moluccas, and that to avoid trouble some "legitimate or pious +reason for the expedition should be assigned such as the rescue of +sailors who had been lost on the islands in previous expeditions or +the determination of the longitude of the Demarcation Line" [23] + +It is clear from the sequel that King Philip intended, as has been +said, to shut his eyes to the application of the Treaty of Zaragoza +to the Philippines. As they did not produce spices the Portuguese +had not occupied them and they now made no effectual resistance +to the Spanish conquest of the islands. [24] The union of Portugal +to the crown of Spain in 1580 subsequently removed every obstacle, +and when the Portuguese crown resumed its independence in 1640 the +Portuguese had been driven from the Spice Islands by the Dutch. + +This is not the place to narrate in detail the history of the +great expedition of Legaspi. It established the power of Spain +in the Philippines and laid the foundations of their permanent +organization. In a sense it was an American enterprise. The ships +were built in America and for the most part equipped here. It was +commanded and guided by men who lived in the New World. The work of +Legaspi during the next seven years entitles him to a place among the +greatest of colonial pioneers. In fact he has no rival. Starting with +four ships and four hundred men, accompanied by five Augustinian monks, +reinforced in 1567 by two hundred soldiers, and from time to time by +similar small contingents of troops and monks, by a combination of +tact, resourcefulness, and courage he won over the natives, repelled +the Portuguese and laid such foundations that the changes of the +next thirty years constitute one of the most surprising revolutions +in the annals of colonization. A most brilliant exploit was that of +Legaspi's grandson, Juan de Salcedo, a youth of twenty-two who with +forty-five men explored northern Luzon, covering the present provinces +of Zambales, Pangasinan, La Union, Ilocos, and the coast of Cagayan, +and secured submission of the people to Spanish rule. [25] Well might +his associates hold him "unlucky because fortune had placed him where +oblivion must needs bury the most valiant deeds that a knight ever +wrought." [26] Nor less deserving of distinction than Legaspi and his +heroic grandson was Friar Andres de Urdaneta the veteran navigator +whose natural abilities and extensive knowledge of the eastern seas +stood his commander in good stead at every point and most effectively +contributed to the success of the expedition. Nor should the work of +the Friars be ignored. Inspired by apostolic zeal, reinforced by the +glowing enthusiasm of the Catholic Reaction, gifted and tireless, +they labored in harmony with Legaspi, won converts, and checked the +slowly-advancing tide of Mohammedanism. The ablest of the Brothers, +Martin de Rada, was preaching in Visayan within five months. + +The work of conversion opened auspiciously in Cebu, where Legaspi +began his work, with a niece of Tupas, an influential native, who was +baptized with great solemnity. Next came the conversion of the Moor +[Moslem] "who had served as interpreter and who had great influence +throughout all that country." In 1568 the turning point came with +the baptism of Tupas and of his son. This opened the door to general +conversion, for the example of Tupas had great weight. [27] + +It is a singular coincidence that within the span of one human life +the Spaniard should have finished the secular labor of breaking the +power of the Moslem in Spain and have checked his advance in the +islands of the antipodes. The religion of the prophet had penetrated +to Malacca in 1276, had reached the Moluccas in 1465, and thence was +spreading steadily northward to Borneo and the Philippines. Iolo +(Sulu) and Mindanao succumbed in the sixteenth century and when +Legaspi began the conquest of Luzon in 1571 he found many Mohammedans +whose settlement or conversion had grown out of the trade relations +with Borneo. As the old Augustinian chronicler Grijalva remarks, and +his words are echoed by Morga and by the modern historian Montero y +Vidal: [28] "So well rooted was the cancer that had the arrival of +the Spaniards been delayed all the people would have become Moors, +as are all the islanders who have not come under the government of +the Philippines." [29] + +It is one of the unhappy legacies of the religious revolution +of the sixteenth century that it has fixed a great gulf between +the Teutonic and the Latin mind, which proves impassable for the +average intellect. The deadly rivalries of Catholic and Protestant, +of Englishman and Spaniard, have left indelible traces upon their +descendants which intensify race prejudice and misunderstanding. The +Englishman or American looks with a contempt upon the economic +blindness or incapacity of the Spaniard that veils his eyes to their +real aims and achievements. + +The tragedies and blunders of English colonization in America are often +forgotten and only the tragedies and blunders of Spanish colonization +are remembered. In the period which elapsed between the formulation of +the Spanish and of the English colonial policies religious ideals were +displaced by the commercial, and in the exaltation of the commercial +ideal England took the lead. Colonies, from being primarily fields for +the propagation of Christianity and incidentally for the production +of wealth, became the field primarily for industrial and commercial +development and incidentally for Christian work. The change no doubt +has contributed vastly to the wealth of the world and to progress, +but it has been fatal to the native populations. The Spanish policy +aimed to preserve and civilize the native races, not to establish a +new home for Spaniards, and the colonial legislation provided elaborate +safeguards for the protection of the Indians. Many of these were a mere +dead letter but the preservation and civilization of the native stock +in Mexico, Central and South America, and above all in the Philippines +stand out in marked contrast, after all allowances and qualifications +have been made, with the fate, past and prospective, of the aborigines +in North America, the Sandwich Islands, New Zealand, and Australia, +and clearly differentiate in their respective tendencies and results +the Spanish and English systems. The contrast between the effects of +the Spanish conquest in the West Indies, Mexico, and the Philippines +reflects the development of the humane policy of the government. The +ravages of the first conquistadores, it should be remembered, took +place before the crown had time to develop a colonial policy. + +It is customary, too, for Protestant writers to speak with contempt +of Catholic missions, but it must not be forgotten that France and +England were converted to Christianity by similar methods. The +Protestant ridicules the wholesale baptisms and conversions and +a Christianity not even skin-deep, but that was the way in which +Christianity was once propagated in what are the ruling Christian +nations of today. The Catholic, on the other hand, might ask for some +evidence that the early Germans, or the Anglo-Saxons would ever have +been converted to Christianity by the methods employed by Protestants. + +The wholesale baptisms have their real significance in the +frame of mind receptive for the patient Christian nurture that +follows. Christianity has made its real conquests and is kept alive +by Christian training, and its progress is the improvement which one +generation makes upon another in the observance of its precepts. One +who has read the old Penitential books and observed the evidences +they afford of the vitality of heathen practices and rites among the +people in England in the early Middle Ages will not be too harsh in +characterizing the still imperfect fruits of the Catholic missions +of the last three centuries. + +In the light, then, of impartial history raised above race prejudice +and religious prepossessions, after a comparison with the early years +of the Spanish conquest in America or with the first generation or +two of the English settlements, the conversion and civilization of +the Philippines in the forty years following Legaspi's arrival must be +pronounced an achievement without a parallel in history. An examination +of what was accomplished at the very ends of the earth with a few +soldiers and a small band of missionaries will it is believed reveal +the reasons for this verdict. We are fortunate in possessing for this +purpose, among other materials, a truly classic survey of the condition +of the islands at the opening of the seventeenth century written by a +man of scholarly training and philosophic mind, Dr. Antonio de Morga, +who lived in the islands eight years in the government service. [30] + +The Spaniards found in the population of the islands two sharply +contrasted types which still survive--the Malay and the Negrito. After +the introduction of Christianity the natives were commonly classified +according to their religion as Indians (Christian natives), Moors +[31] (Mohammedan natives), and Heathen (Gentiles) or Infidels. The +religious beliefs of the Malays were not held with any great tenacity +and easily yielded to the efforts of the missionaries. The native taste +for the spectacular was impressed and gratified by the picturesque +and imposing ceremonials of the church. + +Their political and social organization was deficient in +cohesion. There were no well established native states but rather a +congeries of small groups something like clans. The headship of these +groups or _barangays_ was hereditary and the authority of the chief of +the _barangay_ was despotic. [32] This social disintegration immensely +facilitated the conquest; and by tact and conciliation, effectively +supported by arms, but with very little actual bloodshed, Spanish +sovereignty was superimposed upon these relatively detached groups, +whose essential features were preserved as a part of the colonial +administrative machinery. This in turn was a natural adaptation of that +developed in New Spain. Building upon the available institutions of the +_barangay_ as a unit the Spaniards aimed to familiarize and accustom +the Indians to settled village life and to moderate labor. Only under +these conditions could religious training and systematic religious +oversight be provided. These villages were commonly called _pueblos_ +or _reducciones_, and Indians who ran away to escape the restraints +of civilized life were said to "take to the hills" (_remontar_). + +As a sign of their allegiance and to meet the expenses of government +every Indian family was assessed a tribute of eight reals, about one +dollar, and for the purpose of assessment the people were set off in +special groups something like feudal holdings (_encomiendas_). The +tribute from some of the _encomiendas_ went to the king. Others had +been granted to the Spanish army officers or to the officials. [33] +The "Report of the _Encomiendas_ in the Islands in 1591" just twenty +years after the conquest of Luzon reveals a wonderful progress in +the work of civilization. In the city of Manila there was a cathedral +and the bishop's palace, monasteries for the Austin, Dominican, and +Franciscan Friars, and a house for the Jesuits. The king maintained a +hospital for Spaniards; there was also a hospital for Indians in the +charge of two Franciscan lay brothers. The garrison was composed of +two hundred soldiers. The Chinese quarter or _Parian_ contained some +two hundred shops and a population of about two thousand. In the suburb +of Tondo there was a convent of Franciscans and another of Dominicans +who provided Christian teaching for some forty converted Sangleyes +(Chinese merchants). In Manila and the adjacent region nine thousand +four hundred and ten tributes were collected, indicating a total of +some thirty thousand six hundred and forty souls under the religious +instruction of thirteen missionaries (_ministros de doctrina_), besides +the friars in the monasteries. In the old province of La Pampanga +the estimated population was 74,700 with twenty-eight missionaries; +in Pangasinan 2,400 souls with eight missionaries; in Ilocos 78,520 +with twenty missionaries; in Cagayan and the Babuyan islands 96,000 +souls but no missionaries; in La Laguna 48,400 souls with twenty-seven +missionaries; in Vicol and Camarines with the island of Catanduanes +86,640 souls with fifteen missionaries, etc., making a total for the +islands of 166,903 tributes or 667,612 souls under one hundred and +forty missionaries, of which seventy-nine were Augustinians, nine +Dominicans, forty-two Franciscans. The King's _encomiendas_ numbered +thirty-one and the private ones two hundred and thirty-six. [34] + +Friar Martin Ignacio in his _Itinerario_, the earliest printed +description of the islands (1585), says: "According unto the common +opinion at this day there is converted and baptised more than foure +hundred thousand soules." [35] + +This system of _encomiendas_ had been productive of much hardship and +oppression in Spanish America, nor was it altogether divested of these +evils in the Philippines. The payment of tributes, too, was irksome +to the natives and in the earlier days the Indians were frequently +drafted for forced labor, but during this transition period, and later, +the clergy were the constant advocates of humane treatment and stood +between the natives and the military authorities. This solicitude of +the missionaries for their spiritual children and the wrongs from which +they sought to protect them are clearly displayed in the _Relacion de +las Cosas de las Filipinas_ of Domingo de Salazar, the first bishop, +who has been styled the "Las Casas of the Philippines." [36] + +That it was the spirit of kindness, Christian love, and brotherly +helpfulness of the missionaries that effected the real conquest of +the islands is abundantly testified by qualified observers of various +nationalities and periods, [37] but the most convincing demonstration +is the ridiculously small military force that was required to support +the prestige of the Catholic king. The standing army organized in +1590 for the defense of the country numbered four hundred men! [38] +No wonder an old viceroy of New Spain was wont to say: "_En cada fraile +tenia el rey en Filipinas un capitan general y un ejercito entero_"-- +"In each friar in the Philippines the King had a captain general and +a whole army." [39] The efforts of the missionaries were by no means +restricted to religious teaching, but were also directed to promote +the social and economic advancement of the islands. They cultivated +the innate taste for music of the natives and taught the children +Spanish. [40] They introduced improvements in rice culture, brought +Indian corn and cacao from America and developed the cultivation +of indigo and coffee, and sugar cane. Tobacco alone of the economic +plants brought to the islands by the Spaniards owes its introduction +to government agency. [41] + +The young capital of the island kingdom of New Castile, as it was +denominated by Philip II, in 1603 when it was described by Morga +invites some comparison with Boston, New York, or Philadelphia in the +seventeenth century. The city was surrounded by a wall of hewn stone +some three miles in circuit. There were two forts and a bastion, each +with a garrison of a few soldiers. The government residence and office +buildings were of hewn stone and spacious and airy. The municipal +buildings, the cathedral, and the monasteries of the three orders were +of the same material. The Jesuits, besides providing special courses of +study for members of their order, conducted a college for the education +of Spanish youth. The establishment of this college had been ordered by +Philip II in 1585 but it was 1601 before it was actually opened. [42] +Earlier than this in 1593 there had been established a convent school +for girls, [43] the college of Saint Potenciana. In provisions for +the sick and helpless, Manila at the opening of the seventeenth +century was far in advance of any city in the English colonies for +more than a century and a half to come. [44] There was first the +royal hospital for Spaniards with its medical attendants and nurses; +the Franciscan hospital for the Indians administered by three priests +and by four lay brothers who were physicians and apothecaries and +whose skill had wrought surprising cures in medicine and surgery; +the House of Mercy, which took in sick slaves, gave lodgings to +poor women, portioned orphan girls, and relieved other distresses; +and lastly, the hospital for Sangleyes or Chinese shopkeepers in the +Chinese quarter. [45] Within the walls the houses, mainly of stone and +inhabited by Spaniards, numbered about six hundred. The substantial +buildings, the gaily-dressed people, the abundance of provisions and +other necessaries of human life made Manila, as Morga says, "one of +the towns most praised by the strangers who flock to it of any in the +world." [46] There were three other cities in the islands, Segovia +and Cazeres in Luzon, and the city of the "most holy name of Jesus" +in Cebu, the oldest Spanish settlement in the archipelago. In the +first and third the Spanish inhabitants numbered about two hundred +and in Cazeres about one hundred. In _Santisimo nombre de Jesus_ +there was a Jesuit college. + +Although the Indians possessed an alphabet before the arrival of the +Spaniards and the knowledge of reading and writing was fairly general +they had no written literature of any kind. [47] A Jesuit priest who +had lived in the islands eighteen years, writing not far from 1640, +tells us that by that time the Tagals had learned to write their +language from left to right instead of perpendicularly as was their +former custom, but they used writing merely for correspondence. The +only books thus far in the Indian languages were those written by +the missionaries on religion. [48] + +In regard to the religious life of the converted Indians the Friars +and Morga speak on the whole with no little satisfaction. Friar Martin +Ignacio in 1584 writes: "Such as are baptised, doo receive the fayth +with great firmenesse, and are good Christians, and would be better, if +that they were holpen with good ensamples." [49] Naturally the Spanish +soldiers left something to be desired as examples of Christianity +and Friar Martin relates the story of the return from the dead of a +principal native--"a strange case, the which royally did passe of a +trueth in one of these ilandes,"--who told his former countrymen of the +"benefites and delights" of heaven, which "was the occasion that some +of them forthwith received the baptisme, and that others did delay +it, saying, that because there were Spaniard souldiers in glory, they +would not go thither, because they would not be in their company." [50] + +Morga writing in 1603 says: "In strictest truth the affairs of the +faith have taken a good footing, as the people have a good disposition +and genius, and they have seen the errors of their paganism and the +truths of the Christian religion; they have got good churches and +monasteries of wood, well constructed, with shrines and brilliant +ornaments, and all the things required for the service, crosses, +candlesticks, chalices of gold and silver, many brotherhoods and +religious acts, assiduity in the sacraments and being present at +divine service, and care in maintaining and supplying their monks, +with great obedience and respect; they also give for the prayers +and burials of their dead, and perform this with all punctuality and +liberality." [51] A generation later the report of the Religious is +not quite so sanguine: "They receive our religion easily and their lack +of intellectual penetration saves them from sounding the difficulties +of its mysteries. They are too careless of fulfilling the duties of +the Christianity which they profess and must needs be constrained by +fear of chastisement and be ruled like school children. Drunkenness +and usury are the two vices to which they are most given and these +have not been entirely eradicated by the efforts of our monks." [52] +That these efforts were subsequently crowned with a large measure of +success is shown by the almost universal testimony to the temperate +habits of the Filipinos. + +This first period of Philippine history has been called its Golden +Age. Certainly no succeeding generation saw such changes and +advancement. It was the age of Spain's greatest power and the slow +decline and subsequent decrepitude that soon afflicted the parent +state could not fail to react upon the colony. This decline was in +no small degree the consequence of the tremendous strain to which +the country was subjected in the effort to retain and solidify its +power in Europe while meeting the burden of new establishments in +America and the Philippines. That in the very years when Spaniards +were accomplishing the unique work of redeeming an oriental people +from barbarism and heathenism to Christianity and civilized life, +the whole might of the mother-country should have been massed in a +tremendous conflict in Europe which brought ruin and desolation to +the most prosperous provinces under her dominion, and sapped her own +powers of growth, is one of the strangest coincidences in history. + +Bending every energy for years to stay the tide of change and progress, +suppressing freedom of thought with relentless vigor, and quarantining +herself and her dependencies against new ideas, conservatism +grew to be her settled habit and the organs of government became +ossified. Policies of commercial restriction which were justifiable +or at least rationally explicable in the sixteenth century lasted on, +proof against innovation or improvement, until the eighteenth century +and later. Consequently from the middle of the seventeenth century at +the period of the rapid rise of colonial powers of France, Holland, +and England, the Spanish colonies find themselves under a commercial +regime which increasingly hampers their prosperity and effectually +blocks their advancement. + +The contrast between the Spanish possessions and those of the other +maritime powers became more marked as time went on. The insuperable +conservatism of the home government gave little opportunity for the +development of a class of energetic and progressive colonial officials, +and financial corruption honeycombed the whole colonial civil service. + +Such conditions: the absence of the spirit of progress, hostility to +new ideas, failure to develop resources, and the prevalence of bribery +and corruption in the civil service, insure abundant and emphatic +condemnation at the present day for the Spanish colonial system. But +in any survey of this system we must not lose sight of the terrible +costs of progress in the tropical colonies of Holland, France, and +England; nor fail to compare the _pueblos_ of the Philippines in the +eighteenth century with the plantations of San Domingo, or Jamaica, +or Java, or with those of Cuba in the early nineteenth century when +the spirit of progress invaded the island. + +To facilitate the understanding of the historical materials which will +be collected in this series and to lay the foundation for a just and +appreciative comparison of the institutions of the Philippines with +those of other European dependencies in the tropics, it will be my aim +now to bring into relief the distinctive features of the work wrought +in the islands which raised a congeries of Malay tribes to Christian +civilization, and secured for them as happy and peaceful an existence +on as high a plane as has yet been attained by any people of color +anywhere in the world, or by any orientals for any such length of time. + +Such a survey of Philippine life may well begin with a brief +account of the government of the islands. This will be followed by a +description of the commercial system and of the state of the arts and +of education, religion, and some features of social life during the +eighteenth century and in the first years of the nineteenth before +the entrance of the various and distracting currents of modern life +and thought. In some cases significant details will be taken from the +works of competent witnesses whose observations were made somewhat +earlier or later. This procedure is unobjectionable in describing +a social condition on the whole so stationary as was that of the +Philippines before the last half century. + +From the beginning the Spanish establishments in the Philippines were +a mission and not in the proper sense of the term a colony. They were +founded and administered in the interests of religion rather than of +commerce or industry. They were an advanced outpost of Christianity +whence the missionary forces could be deployed through the great +empires of China and Japan, and hardly had the natives of the islands +begun to yield to the labors of the friars when some of the latter +pressed on adventurously into China and found martyrs' deaths in +Japan. In examining the political administration of the Philippines, +then, we must be prepared to find it a sort of outer garment under +which the living body is ecclesiastical. Against this subjection to +the influence and interests of the Church energetic governors rebelled, +and the history of the Spanish domination is checkered with struggles +between the civil and religious powers which reproduce on a small +scale the mediaeval contests of Popes and Emperors. + +Colonial governments are of necessity adaptations of familiar domestic +institutions to new functions. The government of Spain in the sixteenth +century was not that of a modern centralized monarchy but rather of +a group of kingdoms only partially welded together by the possession +of the same sovereign, the same language, and the same religion. The +King of Spain was also the ruler of other kingdoms outside of the +peninsula. Consequently when the New World was given a political +organization it was subdivided for convenience into kingdoms and +captaincies general in each of which the administrative machinery was +an adaptation of the administrative machinery of Spain. In accordance +with this procedure the Philippine islands were constituted a kingdom +and placed under the charge of a governor and captain general, +whose powers were truly royal and limited only by the check imposed +by the Supreme Court (the _Audiencia_) and by the ordeal of the +_residencia_ at the expiration of his term of office. Among his +extensive prerogatives was his appointing power which embraced +all branches of the civil service in the islands. He also was _ex +officio_ the President of the _Audiencia_. [53] His salary was $8,000 +[54] a year, but his income might be largely augmented by gifts or +bribes. [55] The limitations upon the power of the Governor imposed by +the _Audiencia_, in the opinion of the French astronomer Le Gentil, +were the only safeguard against an arbitrary despotism, yet Zuniga, +a generation later pronounced its efforts in this direction generally +ineffectual. [56] The _residencia_ to which reference has been made +was an institution peculiar in modern times to the Spanish colonial +system, it was designed to provide a method by which officials +could be held to strict accountability for all acts during their +term of office. Today reliance is placed upon the force of public +opinion inspired and formulated by the press and, in self-governing +communities, upon the holding of frequent elections. The strength +of modern party cohesion both infuses vigor into these agencies and +neutralizes their effectiveness as the case may be. But in the days +of the formation of the Spanish Empire beyond the sea there were +neither free elections, nor public press, and the criticism of the +government was sedition. To allow a contest in the courts involving +the governor's powers during his term of office would be subversive of +his authority. He was then to be kept within bounds by realizing that a +day of judgment was impending, when everyone, even the poorest Indian, +might in perfect security bring forward his accusation. [57] In the +Philippines the _residencia_ for a governor lasted six months and was +conducted by his successor and all the charges made were forwarded to +Spain. [58] The Italian traveler Gemelli Careri who visited Manila in +1696 characterizes the governor's _residencia_ as a "dreadful Trial," +the strain of which would sometimes "break their hearts." [59] + +On the other hand, an acute observer of Spanish-American +institutions of the olden time intimates that the severities of the +_residencia_ could be mitigated and no doubt such was the case in the +Philippines. [60] By the end of the eighteenth century the _residencia_ +seems to have lost its efficacy. [61] The governorship was certainly a +difficult post to fill and the remoteness from Europe, the isolation, +and the vexations of the _residencia_ made it no easy task to get good +men for the place. An official of thirty years experience, lay and +ecclesiastical, assures us in the early seventeenth century that he +had known of only one governor really fitted for the position, Gomez +Perez Dasmarinas. He had done more for the happiness of the natives in +three years than all his predecessors or successors. Some governors had +been without previous political experience while others were deficient +in the qualities required in a successful colonial ruler. [62] + +The supreme court or _Audiencia_ was composed of four judges +(_oidores,_ auditors) an attorney-general _(fiscal)_ a constable, +etc. The governor who acted as president had no vote. [63] Besides +the functions of this body as the highest court of appeal for +criminal and civil cases it served as has been said as a check upon +the governor. Down to 1715 the _Audiencia_ took charge of the civil +administration in the interim between the death of a governor and the +arrival of his successor, and the senior auditor assumed the military +command. [64] Attached to the court were advocates for the accused, +a defender of the Indians, and other minor officials. In affairs of +public importance the _Audiencia_ was to be consulted by the governor +for the opinions of the auditors. [65] + +For the purposes of local administration the islands were subdivided +into or constituted Provinces under _alcaldes mayores_ who exercised +both executive and judicial functions, and superintended the collection +of tribute. [66] The _alcaldes mayores_ were allowed to engage in trade +on their own account which resulted too frequently in enlisting their +interest chiefly in money making and in fleecing the Indians. [67] + +The provincial court consisted of the _alcalde mayor,_ an assessor +who was a lawyer, and a notary. The favoritism and corruption that +honeycombed the civil service of Spain in the colonies in the days of +her decline often placed utterly unfit persons in these positions of +responsibility. A most competent observer, Tomas de Comyn, many years +the factor of the Philippine Commercial Company, has depicted in dark +colors, and perhaps somewhat overdrawn the evils of the system. [68] + +The subdivision of the provinces was into _pueblos_ each under +its petty governor or _gobernadorcillo._ The _gobernadorcillo_ +was an Indian and was elected annually. In Morga's time the right +of suffrage seems to have been enjoyed by all married Indians, [69] +but in the last century it was restricted to thirteen electors. [70] +The _gobernadorcillo_ was commonly called the "captain." Within the +_pueblos_ the people formed little groups of from forty to fifty +tributes called _barangays_ under the supervision of _cabezas de +barangay_. These heads of _barangay_ represent the survival of the +earlier clan organization and were held responsible for the tributes +of their groups. Originally the office of _cabeza de barangay_ was no +doubt hereditary, but it became generally elective. [71] The electors +of the _gobernadorcillo_ were made up of those, who were or had been +_cabezas de barangay_ and they after three years of service became +eligible to the office of petty governor. + +In the few Spanish towns in the islands the local government was +similar to that which prevailed in America, which in turn was derived +from Spain. That of Manila may be taken as an example. The corporation, +_El Cabildo_ (chapter) consisted of two ordinary _alcaldes_, eight +_regidores_, a registrar, and a constable. The _alcaldes_ were +justices, and were elected annually from the householders by the +corporation. The _regidores_ were aldermen and with the registrar +and constable held office permanently as a proprietary right. These +permanent positions in the _cabildo_ could be bought and sold or +inherited. [72] + +Turning now to the ecclesiastical administration, we find there the +real vital organs of the Philippine governmental system. To the modern +eye the islands would have seemed, as they did to the French scientist +Le Gentil, priest-ridden. Yet it was only through the Friars that Spain +retained her hold at all. [73] A corrupt civil service and a futile +and decrepit commercial system were through their efforts rendered +relatively harmless, because circumscribed in their effects. The +continuous fatherly interest of the clergy more than counterbalanced +the burden of the tribute. [74] They supervised the tilling of the +soil, as well as the religious life of the people; and it was through +them that the works of education and charity were administered. [75] + +The head of the ecclesiastical system was the Archbishop of Manila, +who in a certain sense was the Patriarch of the Indies. [76] The other +high ecclesiastical digntaries were the three bishops of Cebu, of +Segovia in Cagayan, and of Cazeres in Camarines; and the provincials +of the four great orders of friars, the Dominicans, Augustinians, +the Franciscans, the barefooted Augustinians, and the Jesuits. [77] +In the earlier days the regular clergy (members of the orders) greatly +outnumbered the seculars, and refused to acknowledge that they were +subject to the visitation of bishop or archbishop. This contention +gave rise, at times, to violent struggles. During the eighteenth and +nineteenth centuries the proportionate number of seculars increased. In +1750 the total number of parishes was 569, of which 142, embracing +147,269 persons, were under secular priests. The numbers in charge +of the orders were as follows: + + + Villages. Souls. + Augustinians, 115 252,963 + Franciscans, 63 141,193 + Jesuits, 93 209,527 + Dominicans, 51 99,780 + Recollects, 105 53,384 + + +making a total of 569 parishes and 904,116 souls. [78] + +These proportions, however, fail to give a correct idea of the enormous +preponderance of the religious orders; for the secular priests were +mostly Indians and could exercise nothing like the influence of the +Friars upon their cures. [79] + +In these hundreds of villages the friars bore sway with the mild +despotism of the shepherd of the flock. Spanish officials entered +these precincts only on occasion. Soldiers were not to be seen save +to suppress disorders. Spaniards were not allowed to live in these +communities, and visitors were carefully watched. [80] As Spanish was +little known in the provinces, the curate was the natural intermediary +in all communications between the natives and the officials or +outsiders. In some provinces there were no white persons besides +the _alcalde mayor_ and the friars. Without soldiers the _alcalde +mayor_ must needs rely upon the influence of the friars to enable +him to execute his duties as provincial governor. In contemplating +their services for civilization and good order Tomas de Comyn rises +to enthusiasm. "Let us visit," he writes, "the Philippine Islands, +and with astonishment shall we there behold extended ranges, studded +with temples and spacious convents, the Divine worship celebrated with +pomp and splendour; regularity in the streets, and even luxury in the +houses and dress; schools of the first rudiments in all the towns, +and the inhabitants well versed in the art of writing. We shall see +there causeways raised, bridges of good architecture built, and, in +short, all the measures of good government and police, in the greatest +part of the country, carried into effect; yet the whole is due to the +exertions, apostolic labours, and pure patriotism of the ministers of +religion. Let us travel over the provinces, and we shall see towns of +5, 10, and 20,000 Indians, peacefully governed by one weak old man, +who, with his doors open at all hours, sleeps quiet and secure in his +dwelling, without any other magic, or any other guards, than the love +and respect with which he has known how to inspire his flock." [81] + +If this seems too rosy a picture, it still must not be forgotten that +at this time the ratio of whites to Indians in the islands was only +about one to sixteen hundred, [82] that most of these lived in Manila, +and that the entire military force was not more than two thousand +regular troops. [83] As has been intimated this condition lasted +down until a comparatively recent period. As late as 1864 the total +number of Spaniards amounted to but 4,050 of whom 3,280 were government +officials, etc., 500 clergy, 200 landed proprietors, and 70 merchants; +and in the provinces the same conditions prevailed that are described +by Comyn. [84] In more than half of the twelve hundred villages in the +islands "there was no other Spaniard, no other national authority, nor +any other force to maintain public order save only the friars." [85] + +Recurring for a moment to the higher ecclesiastical organization, the +judicial functions of the church were represented by the archbishop's +court and the commissioner of the Inquisition. The Episcopal court, +which was made up of the archbishop, the vicar-general, and a notary, +tried cases coming under the canon law, such as those relating to +matrimony and all cases involving the clergy. Idolatry on the part +of the Indians or Chinese might be punished by this court. [86] +The Holy Inquisition transplanted to New Spain in 1569 stretched its +long arm across the great ocean to the Philippines, in the person of +a commissioner, for the preservation of the true faith. The Indians +and Chinese were exempted from its jurisdiction. Its processes were +roundabout, and must have given a considerable proportion of its +accused a chance to die a natural death. The Commissioner must first +report the offense to the Court in New Spain; if a trial was ordered, +the accused must be sent to Mexico, and, if convicted, must be returned +to the Philippines to receive punishment. [87] + +The most peculiar feature of the old regime in the Philippines is +to be found in the regulations of the commerce of the islands. In +the _Recopilacion de leyes de los reinos de las Indias_, the code of +Spanish colonial legislation, a whole title comprising seventy-nine +laws is devoted to this subject. For thirty years after the conquest +the commerce of the islands was unrestricted and their prosperity +advanced with great rapidity. [88] Then came a system of restrictions, +demanded by the protectionists in Spain, which limited the commerce +of the islands with America to a fixed annual amount, and effectively +checked their economic development. All the old travelers marvel +at the possibilities of the islands and at the blindness of Spain, +but the policy absurd as it may seem was but a logical application +of the protective system not essentially different from the forms +which it assumes today in our own relations to Porto Rico, Cuba, +and the Philippines. + +The Seville merchants through whose hands the Spanish export trade to +the New World passed looked with apprehension upon the importation +of Chinese fabrics into America and the exportation of American +silver to pay for them. The silks of China undersold those of Spain +in Mexico and Peru, and the larger the export of silver to the East +the smaller to Spain. Consequently to protect Spanish industry and to +preserve to Spanish producers the American market, [89] the shipment +of Chinese cloths from Mexico to Peru was prohibited in 1587. In 1591 +came the prohibition of all direct trade between Peru or other parts +of South America and China or the Philippines, [90] and in 1593 a +decree--not rigorously enforced till 1604--which absolutely limited +the trade between Mexico and the Philippines to $250,000 annually for +the exports to Mexico, and to $500,000 for the imports from Mexico, to +be carried in two ships not to exceed three hundred tons burden. [91] +No Spanish subject was allowed to trade in or with China, and the +Chinese trade was restricted to the merchants of that nation. [92] + +All Chinese goods shipped to New Spain must be consumed there and +the shipping of Chinese cloths to Peru in any amount whatever even +for a gift, charitable endowment, or for use in divine worship was +absolutely prohibited. [93] As these regulations were evaded, in +1636 all commerce was interdicted between New Spain and Peru. [94] +A commerce naturally so lucrative as that between the Philippines and +New Spain when confined within such narrow limits yielded monopoly +profits. It was like a lottery in which every ticket drew a prize. In +these great profits every Spaniard was entitled to share in proportion +to his capital or standing in the community. [95] The assurance +of this largess, from the beginnings of the system, discouraged +individual industry and enterprise, and retarded the growth of Spanish +population. [96] Le Gentil and Zuniga give detailed descriptions of the +method of conducting this state enterprise [97] after the limits had +been raised to $500,000 and $1,000,000 respectively for the outgoing +and return voyage. The capacity of the vessel was measured taking as +a unit a bale about two and one-half feet long, sixteen inches broad +and two feet high. If then the vessel could carry four thousand of +these bales, each bale might be packed with goods up to a value of +one hundred and twenty-five dollars. The right to ship was known as a +_boleta_ or ticket. The distribution of these tickets was determined +at the town hall by a board made up of the governor, attorney-general, +the dean of the _audiencia_, one _alcalde_, one _regidor_ and eight +citizens. [98] + +To facilitate the allotment and the sale of tickets they were divided +into sixths. Tickets were ordinarily worth in the later eighteenth +century in times of peace eighty dollars to one hundred dollars, +and in war time they rose to upwards of three hundred dollars. [99] +Le Gentil tells us that in 1766 they sold for two hundred dollars +and more, and that the galleon that year went loaded beyond the +limit. [100] Each official as the perquisite of his office had +tickets. The regidores and alcaldes had eight. + +The small holders who did not care to take a venture in the voyage +disposed of their tickets to merchants or speculators, who borrowed +money, usually of the religious corporations, at twenty-five to thirty +per cent per annum to buy them up and who sometimes bought as many +as two or three hundred. [101] The command of the Acapulco galleon +was the fattest office within the gift of the Governor, who bestowed +it upon "whomsoever he desired to make happy for the commission," +and was equivalent to a gift of from $50,000 to $100,000. [102] +This was made up from commissions, part of the passage-money of +passengers, from the sale of his freight tickets, and from the +gifts of the merchants. Captain Arguelles told Careri in 1696 that +his commissions would amount to $25,000 or $30,000, and that in all +he would make $40,000; that the pilot would clear $20,000 and the +mates $9,000 each. [103] The pay of the sailors was three hundred +and fifty dollars, of which seventy-five dollars was advanced before +the start. The merchants expected to clear one hundred and fifty to +two hundred per cent. The passenger fare at the end of the eighteenth +century was $1,000 for the voyage to Acapulco, which was the hardest, +and $500 for the return. [104] Careri's voyage to Acapulco lasted two +hundred and four days. The ordinary time for the voyage to Manila was +seventy-five to ninety days. [105] Careri's description of his voyage +is a vivid picture of the hardships of early ocean travel, when cabin +passengers fared infinitely worse than cattle today. It was a voyage +"which is enough to destroy a man, or make him unfit for anything +as long as he lives;" yet there were those who "ventured through it, +four, six and some ten times." [106] + +Acapulco in New Spain had little reason for existence, save for +the annual fair at the time of the arrival of the Manila ship, and +the silver fleet from Peru. That event transformed what might more +properly be called "a poor village of fishermen" into "a populous +city," for the space of about two weeks. [107] + +The commerce between the Philippines and Mexico was conducted +in this manner from 1604 to 1718, when the silk manufacturers of +Spain secured the prohibition of the importation of Chinese silk +goods into New Spain on account of the decline of their industry. A +prolonged struggle before the Council of the Indies ensued, and in +1734 the prohibition was revoked and the east and west cargoes fixed +at $500,000 and $1,000,000 respectively. [108] The last _nao_, as +the Manila-Acapulco galleon was called, sailed from Manila in 1811, +and the final return voyage was made in 1815. After that the commerce +fell into private hands, the annual exports were limited to $750,000 +and the ports of San Blas (Mexico), Guayaquil (Ecuador), and Callao +(Peru) were opened to it. + +Other changes were the establishment of direct communication with +Spain and trade with Europe by a national vessel in 1766. [109] These +expeditions lasted till 1783 and their place was taken in 1785 by the +Royal Philippine Company, organized with a capital of $8,000,000, and +granted the monopoly of the trade between Spain and the islands. [110] +The Manila merchants resented the invasion of their monopoly of the +export trade, and embarrassed the operations of the company as much +as they could. [111] It ceased to exist in 1830. + +By this system for two centuries the South American market for +manufactures was reserved exclusively for Spain, but the protection did +not prevent Spanish industry from decay and did retard the well-being +and progress of South America. Between Mexico and the Philippines a +limited trade was allowed, the profits of which were the perquisites +of the Spaniards living in the Philippines and contributed to the +religious endowments. But this monopoly was of no permanent advantage +to the Spanish residents. It was too much like stock-jobbing, and +sapped all spirit of industry. Zuniga says that the commerce made a +few rich in a short time and with little labor, but they were very few; +that there were hardly five Spaniards in Manila worth $100,000, nor a +hundred worth $40,000, the rest either lived on the King's pay or in +poverty. [112] "Every morning one could see in the streets of Manila, +in the greatest poverty and asking alms, the sons of men who had made a +fine show and left much money, which their sons had squandered because +they had not been well trained in youth." [113] The great possibilities +of Manila as an entrepot of the Asiatic trade were unrealized; for +although the city enjoyed open trade with the Chinese, Japanese, +and other orientals, [114] it was denied to Europeans and the growth +of that conducted by the Chinese and others was always obstructed +by the lack of return cargoes owing to the limitations placed upon +the trade with America and to the disinclination of the Filipinos to +work to produce more than was enough to insure them a comfortable +living and pay their tributes. That the system was detrimental to +the economic progress of the islands was always obvious and its evils +were repeatedly demonstrated by Spanish officials. Further it was not +only detrimental to the prosperity of the islands but it obstructed +the development of Mexico. + +Grau y Monfalcon in 1637 reported that there were fourteen thousand +people employed in Mexico in manufacturing the raw silk imported +from China. This industry might be promoted by the relaxation of +the restrictions on trade. It would also be for the advantage of the +Indians of Peru to be able to buy for five pence a yard linen from +the Philippines, rather than to be compelled to purchase that of Rouen +at ten times the price. [115] But such reasoning was received then as +it often is now, and no great change was made for nearly two centuries. + +We have now passed in review the political, ecclesiastical, and +commercial administration of the Philippines in the olden time; and +a general survey of some of the more striking results of the system +as a whole may now be made. This is especially necessary on account +of the traditional and widely prevalent opinion that the Spanish +colonial system was always and everywhere a system of oppression +and exploitation; whereas, as a matter of fact, the Spanish system, +as a system of laws, always impeded the effectual exploitation of the +resources of their colonies, and was far more humane in its treatment +of dependent peoples than either the French or English systems. + +If, on the one hand, the early conquistadores treated the natives with +hideous cruelty, the Spanish government legislated more systematically +and benevolently to protect them than any other colonizing power. In +the time of the first conquests things moved too rapidly for the home +government in those days of slow communication, and the horrors of the +clash between ruthless gold-seekers and the simple children of nature, +as depicted by the impassioned pen of Las Casas and spread broadcast +over Europe, came to be the traditional and accepted characteristic +of Spanish rule. [116] The Spanish colonial empire lasted four hundred +years and it is simple historical justice that it should not be judged +by its beginnings or by its collapse. + +The remoteness of the Philippines, and the absence of rich deposits +of gold and silver, made it comparatively easy for the government to +secure the execution of its humane legislation, and for the church to +dominate the colony and guide its development as a great mission for +the benefit of the inhabitants. [117] To the same result contributed +the unenlightened protectionism of the Seville merchants, for the +studied impediments to the development of the Philippine-American +trade effectually blocked the exploitation of the islands. In view of +the history of our own Southern States, not less than of the history +of the West Indies it should never be forgotten that although the +Philippine islands are in the Tropics, they have never been the scene +of the horrors of the African slave trade or of the life-wasting +labors of the old plantation system. + +Whether we compare the condition of the natives of the other islands in +the Eastern Archipelago or of the peasants of Europe at the same time +the general well-being of the Philippine mission villagers was to be +envied. A few quotations from unimpeachable witnesses, travelers of +wide knowledge of the Orient, may be given in illustration and proof +of this view. The famous French explorer of the Pacific, La Perouse, +who was in Manila in 1787, wrote: "Three million people inhabit +these different islands and that of Luzon contains nearly a third of +them. These people seemed to me no way inferior to those of Europe; +they cultivate the soil with intelligence, they are carpenters, +cabinet-makers, smiths, jewelers, weavers, masons, etc. I have +gone through their villages and I have found them kind, hospitable, +affable," etc. [118] + +Coming down a generation later the Englishman Crawfurd, the historian +of the Indian Archipelago, who lived at the court of the Sultan of +Java as British resident, draws a comparison between the condition +of the Philippines and that of the other islands of the East that +deserves careful reflection. + +"It is remarkable, that the Indian administration of one of the +worst governments of Europe, and that in which the general principles +of legislation and good government are least understood,--one too, +which has never been skillfully executed, should, upon the whole, +have proved the least injurious to the happiness and prosperity +of the native inhabitants of the country. This, undoubtedly, has +been the character of the Spanish connection with the Philippines, +with all its vices, follies, and illiberalities; and the present +condition of these islands affords an unquestionable proof of the +fact. Almost every other country of the Archipelago is, at this +day, in point of wealth, power, and civilization, in a worse state +than when Europeans connected themselves with them three centuries +back. The Philippines alone have improved in civilization, wealth, +and populousness. When discovered most of the tribes were a race of +half-naked savages, inferior to all the great tribes, who were pushing, +at the same time, an active commerce, and enjoying a respectable share +of the necessaries and comforts of a civilized state. Upon the whole, +they are at present superior in almost everything to any of the other +races. This is a valuable and instructive fact." [119] + +This judgment of Crawfurd in 1820 was echoed by Mallat (who was +for a time in charge of the principal hospital in Manila), in 1846, +when he expressed his belief that the inhabitants of the Philippines +enjoyed a freer, happier, and more placid life than was to be found +in the colonies of any other nation. [120] + +Sir John Bowring, who was long Governor of Hong Kong, was impressed +with the absence of caste: "Generally speaking, I found a kind +and generous urbanity prevailing,--friendly intercourse where that +intercourse had been sought,--the lines of demarcation and separation +less marked and impassable than in most oriental countries. I have +seen at the same table Spaniard, Mestizo and Indian--priest, civilian, +and soldier. No doubt a common religion forms a common bond; but to +him who has observed the alienations and repulsions of caste in many +parts of the eastern world--caste, the great social curse--the binding +and free intercourse of man with man in the Philippines is a contrast +worth admiring." [121] Not less striking in its general bearing than +Crawfurd's verdict is that of the German naturalist Jagor who visited +the islands in 1859-1860. + +"To Spain belongs the glory of having raised to a relatively high grade +of civilization, improving greatly their condition, a people which +she found on a lower stage of culture distracted by petty wars and +despotic rule. Protected from outside enemies, governed by mild laws, +the inhabitants of those splendid islands, taken as a whole, have no +doubt passed a more comfortable life during recent centuries than the +people of any tropical country whether under their own or European +rule. This is to be accounted for in part by the peculiar conditions +which protected the natives from ruthless exploitation. Yet the monks +contributed an essential part to this result. Coming from among the +common people, used to poverty and self-denial, their duties led +them into intimate relations with the natives and they were naturally +fitted to adapt the foreign religion and morals to practical use. So, +too, in later times, when they came to possess rich livings, and +their pious zeal, in general, relaxed as their revenues increased, +they still contributed most essentially to bring about conditions, +both good and bad, which we have described, since, without families +of their own and without refined culture, intimate association with +the children of the soil was a necessity to them. Even their haughty +opposition to the secular authorities was generally for the advantage +of the natives." [122] Similar testimony from a widely different source +is contained in the charming sketch "Malay Life in the Philippines" +by William Gifford Palgrave, whose profound knowledge of oriental life +and character and his experience in such divergent walks in life as +soldier and Jesuit missionary in India, pilgrim to Mecca, and English +consul in Manila, give his opinion more than ordinary value. + +"To clerical government," he writes "paradoxical as the statement may +sound in modern European ears, the Philippine islands owe, more than +to anything else, their internal prosperity, the Malay population its +sufficiency and happiness. This it is that again and again has stood a +barrier of mercy and justice between the weaker and stronger race, the +vanquished and the victor; this has been the steady protector of the +native inhabitants, this their faithful benefactor, their sufficient +leader and guide. With the 'Cura' for father, and the 'Capitan' +for his adjutant, a Philippine hamlet feels and knows little of the +vexations inseparable from direct and foreign official administration; +and if under such a rule 'progress,' as we love to term it, be rare, +disaffection and want are rarer still." + +As compared with India, the absence of famines is significant; and +this he attributes in part to the prevalence of small holdings. "Not +so much what they have, but rather what they have not, makes the good +fortune of the Philippines, the absence of European Enterprise, the +absence of European Capital. A few European capitalist settlers, a few +giant estates, a few central factories, a few colossal money-making +combinations of organized labour and gainful produce, and all the +equable balance of property and production, of ownership and labour +that now leaves to the poorest cottager enough, and yet to the +total colony abundance to spare, would be disorganized, displaced, +upset; to be succeeded by day labour, pauperism, government relief, +subscriptions, starvation. Europe, gainful, insatiate Europe would +reap the harvest; but to the now happy, contented, satiate Philippine +Archipelago, what would remain but the stubble, but leanness, want, +unrest, misery?" [123] + +The latest witness to the average well-being of the natives under the +old system whom I shall quote is Mr. Sawyer. "If the natives fared +badly at the hands of recent authors, the Spanish Administration fared +worse, for it has been painted in the darkest tints, and unsparingly +condemned. It was indeed corrupt and defective, and what government +is not? More than anything else it was behind the age, yet it was +not without its good points. + +"Until an inept bureaucracy was substituted for the old paternal rule, +and the revenue quadrupled by increased taxation, the Filipinos were +as happy a community as could be found in any colony. The population +greatly multiplied; they lived in competence, if not in affluence; +cultivation was extended, and the exports steadily increased.--Let us +be just; what British, French, or Dutch colony, populated by natives +can compare with the Philippines as they were until 1895?" [124] + +These striking judgments, derived from such a variety of sources, are a +sufficient proof that our popular ideas of the Spanish colonial system +are quite as much in need of revision as popular ideas usually are. + +Yet one must not forget that the Spanish mission system, however useful +and benevolent as an agency in bringing a barbarous people within the +pale of Christian civilization, could not be regarded as permanent +unless this life is looked upon simply as a preparation for heaven. As +an educative system it had its bounds and limits; it could train to a +certain point and no farther. To prolong it beyond that stage would be +to prolong carefully nurtured childhood to the grave, never allowing +it to be displaced by self-reliant manhood. The legal status of the +Indians before the law was that of minors, and no provision was made +for their arriving at their majority. The clergy looked upon these +wards of the State as the school-children of the church, and compelled +the observance of her ordinances even with the rod. La Perouse says: +"The only thought was to make Christians and never citizens. This +people was divided into parishes, and subjected to the most minute +and extravagant observances. Each fault, each sin is still punished +by the rod. Failure to attend prayers and mass has its fixed penalty, +and punishment is administered to men and women at the door of the +church by order of the pastor." [125] Le Gentil describes such a +scene in a little village a few miles from Manila, where one Sunday +afternoon he saw a crowd, chiefly Indian women, following a woman who +was to be whipped at the church door for not having been to mass. [126] + +The prevalence of a supervision and discipline so parental for the +mass of the people in the colony could but react upon the ruling +class, and La Perouse remarks upon the absence of individual liberty +in the islands: "No liberty is enjoyed: inquisitors and monks watch +the consciences; the oidors (judges of the Audiencia) all private +affairs; the governor, the most innocent movements; an excursion to +the interior, a conversation come before his jurisdiction; in fine, +the most beautiful and charming country in the world is certainly +the last that a free man would choose to live in." [127] + +Intellectual apathy, one would naturally suppose, must be the +consequence of such sedulous oversight, and intellectual progress +impossible. Progress in scientific knowledge was, indeed, quite +effectually blocked. + +The French astronomer Le Gentil gives an interesting account of +the conditions of scientific knowledge at the two Universities +in Manila. These institutions seemed to be the last refuge of the +scholastic ideas and methods that had been discarded in Europe. A +Spanish engineer frankly confessed to him that "in the sciences Spain +was a hundred years behind France, and that in Manila they were a +hundred years behind Spain." Nothing of electricity was known but +the name, and making experiments in it had been forbidden by the +Inquisition. Le Gentil also strongly suspected that the professor +of Mathematics at the Jesuit College still held to the Ptolemaic +system. [128] + +But when we keep in mind the small number of ecclesiastics in +the islands we must clear them of the charge of intellectual +idleness. Their activity, on the other hand, considering the climate +was remarkable. [129] An examination of J.T. Medina's monumental work +[130] on printing in Manila and of Retana's supplement [131] reveals +nearly five hundred titles of works printed in the islands before +1800. This of course takes no account of the works sent or brought +to Spain for publication, which would necessarily comprise a large +proportion of those of general rather than local interest, including +of course the most important histories. To these should be added no +small number of grammars and dictionaries of the native languages, +and missionary histories, that have never been printed. [132] The +monastic presses in the islands naturally were chiefly used for the +production of works of religious edification, such as catechisms, +narratives of missions, martyrdoms, lives of saints, religious +histories, and hand-books to the native languages. Simpler manuals +of devotion, rosaries, catechisms, outlines of Christian doctrine, +stories of martyrdoms, etc., were translated for the Indians. Of +these there were about sixty in the Tagal, and from three to ten +or twelve each in the Visayan, Vicol, Pampanga, Ilocan, Panayan, +and Pangasinan languages. [133] + +If, as is credibly asserted, the knowledge of reading and writing +was more generally diffused in the Philippines than among the common +people of Europe, [134] we have the singular result that the islands +contained relatively more people who could read, and less reading +matter of any but purely religious interest, than any other community +in the world. Yet it would not be altogether safe to assume that +in the eighteenth century the list of printed translations into the +native languages comprised everything of European literature available +for reading; for the Spanish government, in order to promote the +learning of Spanish, had prohibited at times the printing of books +in Tagal. [135] Furthermore, Zuniga says explicitly that "after the +coming of the Spaniards they (_i.e._ the people in Luzon) have had +comedies, interludes, tragedies, poems, and every kind of literary +work translated from the Spanish, without producing a native poet +who has composed even an interlude." [136] Again, Zuniga describes +a eulogistic poem of welcome addressed by a Filipino villager to +Commodore Alava. This _loa_, as this species of composition was called, +was replete with references to the voyages of Ulysses, the travels +of Aristotle, the unfortunate death of Pliny, and other incidents in +ancient history. The allusions indicate some knowledge at any rate +outside the field of Christian doctrine, even if it was so slight +as not to make it seem beyond the limits of poetic license to have +Aristotle drown himself in chagrin at not being able to measure the +depths of the sea, or to have Pliny throw himself into Vesuvius in his +zeal to investigate the causes of its eruption. The literary interests +of the Indians found their chief expression however in the adaptation +of Spanish plays for presentation on religious holidays. Zuniga gives +an entertaining description of these plays. They were usually made +up from three or four Spanish tragedies, the materials of which were +so ingeniously interwoven that the mosaic seemed a single piece. The +characters were always Moors and Christians, and the action centered +in the desire of Moors to marry Christian princesses or of Christians +to marry Moorish princesses. The Christian appears at a Moorish +tournament or vice versa. The hero and heroine fall in love but their +parents oppose obstacles to the match. To overcome the difficulties +in case of a Moor and Christian princess was comparatively easy. A +war opportunely breaks out in which, after prodigies of valor, the +Moor is converted and baptized, and the wedding follows. The case +is not so easy when a Christian prince loves a Moorish lady. Since +he can never forsake his religion his tribulations are many. He is +imprisoned, and his princess aids in his attempt to escape, which +sometimes costs him his life; or if the scene is laid in war time +either the princess is converted and escapes to the Christian army, +or the prince dies a tragic death. The hero is usually provided with +a Christ, or other image or relic, given him by his dying mother, +which extricates him from his many plights. He meets lions and bears, +and highwaymen attack him; but from all he escapes by a miracle. If, +however, some principal personage is not taken off by a tragic end, +the Indians find the play insipid. During the intermission one or +two clowns come out and raise a laugh by jests that are frigid enough +"to freeze hot water in the tropics." After the play is over a clown +appears again and criticizes the play and makes satirical comments on +the village officials. These plays usually lasted three days. [137] +Le Gentil attended one of them and says that he does not believe any +one in the world was ever so bored as he was. [138] Yet the Indians +were passionately fond of these performances. [139] + +If one may judge from Retana's catalogue of his Philippine collection +arranged in chronological order, the sketch we have given of the +literature accessible to Filipinos who could not read Spanish in +the eighteenth century would serve not unfairly for much of the +nineteenth. The first example of secular prose fiction I have noted +in his lists is Friar Bustamente's pastoral novel depicting the quiet +charms of country life as compared with the anxieties and tribulations +of life in Manila. [140] His collection did not contain so far as I +noticed a single secular historical narrative in Tagal or anything +in natural science. + +Sufficient familiarity with Spanish to compensate for this lack of +books of secular knowledge was enjoyed by very few Indians in the +country districts and these had learned it mainly while servants of +the curate. It was the common opinion of the Spanish authorities that +the Friars purposely neglected instructing the Indians in Spanish, +in order to perpetuate their hold upon them; but Zuniga repels this +charge as unjust and untrue. [141] + +It is obvious that it was impracticable for the Indians to learn +Spanish under the mission system. For the pastor of a pueblo of +several hundred families to teach the children Spanish was an +impossibility. A few words or simple phrases might be learned, but +the lack of opportunity for constant or even frequent practice of +the language in general conversation would make their attainments in +it far below those of American grammar-school children in German in +cities where that has been a compulsory study. [142] As long as the +mission system isolated the pueblos from contact with the world at +large, it of necessity followed that the knowledge of Spanish would be +practically limited to such Indians as lived in Manila or the larger +towns, or learned it in the households of the Friars. Slavery with +its forced transplanting has been the only means by which large +masses of alien or lower races have been lifted into the circle +of European thought and endowed with a European language. If such a +result is secured in the future in any large measure for the Filipino, +it can be accomplished only by the translation of English or Spanish +literature into the Tagal and other languages, on a scale not less +generous than the work of the Friars in supplying the literature of +religious edification. This will be a work of not less than two or +three generations, and of a truly missionary devotion. + +We have now surveyed in its general aspects the old regime in the +Philippines, and supplied the necessary material upon which to +base a judgment of this contribution of Spain to the advancement of +civilization. In this survey certain things stand out in contrast to +the conventional judgment of the Spanish colonial system. The conquest +was humane, and was effected by missionaries more than by warriors. The +sway of Spain was benevolent, although the administration was not +free from the taint of financial corruption. Neither the islands nor +their inhabitants were exploited. The colony in fact was a constant +charge upon the treasury of New Spain. The success of the enterprise +was not measured by the exports and imports, but by the number of +souls put in the way of salvation. The people received the benefits +of Christian civilization, as it was understood in Spain in the days +of that religious revival which we call the Catholic Reaction. This +Christianity imposed the faith and the observances of the mediaeval +church, but it did for the Philippine islanders who received it just +what it did for the Franks or Angles a thousand years earlier. It +tamed their lives, elevated the status of women, established the +Christian family, and gave them the literature of the devotional life. + +Nor did they pay heavily for these blessings. The system of government +was inexpensive, and the religious establishment was mainly supported +by the landed estates of the orders. Church fees may have been at +times excessive, but the occasions for such fees were infrequent. The +tenants of the church estates found the friars easy landlords. Zuniga +describes a great estate of the Augustinians near Manila of which +the annual rental was not over $1,500, while the annual produce was +estimated to be not less than $70,000, for it supported about four +thousand people. [143] The position of women was fully as good among +the Christian Indians of the Philippines as among the Christian people +of Europe. But conspicuous among the achievements of the conquest +and conversion of the islands in the field of humanitarian progress, +when we consider the conditions in other European tropical colonies, +have been the prohibition of slavery and the unremitting efforts to +eradicate its disguised forms. These alone are a sufficient proof +that the dominating motives in the Spanish and clerical policies were +humane and not commercial. Not less striking proof of the comfortable +prosperity of the natives on the whole under the old Spanish rule has +been the steady growth of the population. At the time of the conquest +the population in all probability did not exceed a half-million. In +the first half of the eighteenth century according to the historian +of the Franciscans, San Antonio, the Christian population was about +830,000. At the opening of the nineteenth century Zuniga estimated the +total at a million and a half as over 300,000 tributes were paid. The +official estimate in 1819 was just short of 2,600,000; by 1845 Buzeta +calculates the number at a little short of four millions. In the next +half century it nearly doubled. [144] + +In view of all these facts one must readily accord assent to Zuniga's +simple tribute to the work of Spain. "The Spanish rule has imposed +very few burdens upon these Indians, and has delivered them from many +misfortunes which they suffered from the constant warfare waged by one +district with another, whereby many died, and others lived wretched +lives as slaves. For this reason the population increased very slowly, +as is now the case with the infidels of the mountain regions who do +not acknowledge subjection to the King of Spain. Since the conquest +there has been an increase in well-being and in population. Subjection +to the King of Spain has been very advantageous in all that concerns +the body. I will not speak of the advantage of knowledge of the true +God, and of the opportunity to obtain eternal happiness for the soul, +for I write not as a missionary but as a philosopher." [145] + +The old regime in the Philippines has disappeared forever. In hardly +more than a generation the people have passed from a life which was +so remote from the outside contemporary world that they might as +well have been living in the middle ages in some sheltered nook, +equally protected from the physical violence and the intellectual +strife of the outside world, and entirely oblivious of the progress of +knowledge. They find themselves suddenly plunged into a current that +hurls them along resistlessly. Baptized with fire and blood, a new +and strange life is thrust upon them and they face the struggle for +existence under conditions which spare no weakness and relentlessly +push idleness or incapacity to the wall. What will be the outcome no +man can tell. To the student of history and of social evolution it +will be an experiment of profound interest. + +_Edward Gaylord Bourne_ + +_Yale University_, October, 1902. + + + +Preface to Volume I + + +The history of the Philippine archipelago is fitly introduced by +presenting a group of documents which relate to Pope Alexander VI's +Line of Demarcation between the respective dominions of Spain and +Portugal in the recently-discovered New World. So many controversies +regarding this line have at various times arisen, and so little on the +subject has appeared in the English tongue, that we have thought it +well to place before our readers the more important of the documents +relating thereto, of which a brief synopsis is here given. + +They begin with Alexander's Bulls--two dated on the third and one +on the fourth day of May, 1493. The first of these (commonly known +as _Inter caetera_) grants to. Spain all the lands in the West, +recently discovered or yet to be discovered, which are hitherto +unknown, and not under the dominion of any Christian prince. The +second (_Eximiae devotionis_, also dated May 3) grants to Spain the +same rights in those discoveries which had formerly been conferred +on Portugal in Africa. These grants are superseded by the Bull of +May 4 (_Inter caetera_), which establishes the Demarcation Line, +and grants to Spain all lands west and south thereof which were not +already in the possession of any Christian prince. Still another Bull +(dated September 25 of the same year) authorizes Spain to extend her +sovereignty also over lands which shall be discovered to the East, +including India--thus practically annulling both the Demarcation Line +and previous concessions to Portugal. The latter power's remonstrances +against this infringement of her former rights lead to the Treaty of +Tordesillas (June 7, 1494), in which, by mutual agreement between the +sovereigns, a new line of demarcation is established to be drawn two +hundred and seventy leagues farther west than that of Alexander VI; +and another document (dated April 15, 1495) makes suitable arrangements +for a scientific and equitable determination of this boundary. The +final action of the Holy See in this matter is indicated by a Bull +of Leo X (_Praecelsae_, dated November 3, 1514) granted to Portugal; it +confirms all previous papal gifts to that power of lands in the East, +and grants to her both past and future discoveries and conquests, +there and elsewhere. Disputes arising between Spain and Portugal over +the ownership of the Moluccas or Spice Islands (see letters of Carlos +I to his ambassadors at Lisbon, February 4 and December 18, 1523; +and the treaty of Vitoria, February 19, 1524), the Junta of Badajoz +is convened (April 11-May 31, 1524) to settle this question; and that +body fixes the Line of Demarcation three hundred and seventy leagues +west of San Antonio, the most westerly of the Cape Verde Islands. (In +this connection are presented the opinions of Hernando Colon, Sebastian +Cabot, and other competent judges; and letters from Carlos I to the +Spanish deputies.) This settlement proving ineffectual, the Moluccas +are relinquished to Portugal by the treaty of Zaragoza (April 22, +1529), Spain retaining possession of the Philippine Islands, although +the terms of that treaty placed them outside of her jurisdiction. + +Reverting to a somewhat earlier date, we note incidentally the Bull +of Alexander VI (_Eximiae_, November 16, 1501) which authorizes the +Spanish monarchs to levy tithes on the natives and inhabitants of +their newly-acquired possessions in the western world; and proceed to +a summary of the life and voyages of Fernao de Magalhaes (commonly +known as Magellan). Synopses are given of many documents published +by Navarrete, dated from 1518 to 1527: a contract by Magalhaes and +Falero to deliver to the House of Commerce of Seville one-eighth of +all gains accruing to them from their future discoveries; a petition +from the same men to Carlos I regarding the expedition which they +are about to undertake; remonstrances against the undertaking, by the +Portuguese ambassador in Spain, Magalhaes's request for more money; +various appointments in the fleet; restriction of the number of seamen; +instructions to Magalhaes; a royal order that Ruy Falero shall not +accompany the expedition; Magalhaes's last will; the expense account of +the fleet; an attempted mutiny on one of the ships; Francisco Albo'* +journal of Magalhaes's voyage; description of the cargo brought +back to Spain by the "Victoria;" investigation of Magalhaes's death; +treaties with the natives of the Moluccas; advice given to the emperor +by Diego de Barbosa; Brito's account of Magalhaes's voyage; and the +confiscation of two of his ships by the Portuguese. + +This resume is followed by various supplementary documents. A +royal mandate (March 22, 1518) authorizes Falero and Magalhaes to +undertake their expedition of discovery. A letter from Carlos to King +Manuel of Portugal (February 28, 1519) assures him that nothing in +this enterprise is intended to infringe upon Portuguese rights. A +document written (April 6, 1519) to Juan de Cartagena, appointed +inspector-general of Magalhaes's fleet, gives detailed instructions as +to his duties in that office, especially in regard to the equipment +of the fleet, its trading operations in the Orient, the royal share +of profits to be derived therefrom, and the current accounts of the +enterprise; he is also charged with the necessary arrangements for the +colonization of lands to be discovered, and commanded to furnish to the +King information as to the treatment of the natives by their Spanish +conquerors, and the general conduct of the officers of the expedition, +etc. The fleet is ordered (April 19, 1510) to proceed directly to the +Spice Islands, and all persons belonging to it are exhorted to obey +Magalhaes. A letter (1522) to the King of Spain gives information about +Magalhaes's death, obtained from some Spanish ship-boys who had found +their way to the Portuguese posts in India. The earliest published +account of this noted expedition is the letter written (October 24, +1522) to Matthaeus Lang, archbishop of Salzburg, by a natural son of +his named Maximilian Transylvanus (then a student at Valladolid), +relating the events of Magallanes's voyage to the Moluccas (1519-21), +his death at the hands of hostile natives, and the further experiences +of his followers in the Philippine archipelago and on their homeward +voyage. The small remnant of this expedition--the ship "Victoria," +and eighteen men--reach Spain on September 6, 1522, the first persons +thus completing the circumnavigation of the globe. + +At this point should appear in the present series the relation +of Magalhaes's voyage written by Antonio Pigafetta, who himself +accompanied the great discoverer. Printed books gave Pigafetta's +relation in abridged form, in both French and Italian, as early as +1525 and 1536 respectively; but apparently his own original work has +never hitherto been adequately presented to the world. The Editors +of the present series, desiring to supply this deficiency, purpose to +publish an exact transcription from Pigafetta's original manuscript, +with accompanying English translation. They have not, however, been +able to secure it in time for Volume II, where it should appear; +it will accordingly be presented to their readers at a later period +in this work. + +_The Editors_ + + + + + +Documents Regarding the Line of Demarcation--1493-1529 + + + +Papal bulls: _Inter caetera_ (May 3), _Eximiae_ (May 3), _Inter caetera_ +(May 4), _Extension de la concesion_ (September 25)--1493. +Treaty of Tordesillas--June 7, 1494. +[Note on correspondence of Jaime Ferrer--1493-95.] +Compact between the Catholic Sovereigns and the King of Portugal--April +15, 1495. +Papal bull, _Praecelsae_--November 3, 1514. +Instructions from the King of Spain to his ambassadors--February +4, 1523. +Letter from Carlos I to Juan de Zuniga--December 18, 1523. +Treaty of Vitoria--February 19, 1524. +Junta of Badajoz: extract from the records (April 14-May 13), opinions +of cosmographers (April 13-15), letters to the Spanish delegates +(March 21, April 10)--1524. +Treaty of Zaragoza--April 22, 1529. + + + +_Sources_: See Bibliographical Data at end of this volun + +_Translations_: The Papal Bulls are translated by Rev. Thomas Cooke +Middleton, D.D., O.S.A.; the Treaty of Zaragoza, by Jose M. Asensio; +the remaining documents of this group are compiled, translated, +and arranged by James A. Robertson. + + + +Papal Bulls of 1493 + + +Inter Caetera--May 3 + + +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 and apostolic benediction. 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 religion be 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 this holy see of Peter, 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; recognizing +besides that already you have 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 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, we have also learned that with the wish to +fulfil your desire, you chose our beloved son Christopher Colon, +whom you furnished with ships and men equipped for like designs, +so as to make diligent quest for these far-away unknown countries +through the sea, which hitherto no one has sailed; who in fine with +divine aid nor without the utmost diligence sailing in the Ocean Sea, +as said, through western waters towards the Indies, discovered certain +very far-away islands and even mainlands, that hitherto had not been +discovered by others. Therein dwell very many peoples living in peace, +and, as reported, going unclothed, nor users of flesh meat. Moreover, +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 above-mentioned Christopher +has already had put together and built a fortress [146] fairly well +equipped, wherein he has stationed as garrison certain Christians, +companions of his, who are to make search for other far-away and +unknown islands and countries. In the 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 countries 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 through 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 to embrace the Christian profession; nor +at any time let dangers or hardships deter you therefrom, with the +stout hope and trust in your hearts that almighty God will further +your undertakings. Moreover, 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, +we, moved thereunto by our own accord, not at your instance nor the +request of anyone else in your regard, but of our own sole largess and +certain knowledge as well as in the 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, +do by tenor of these presents give, grant, and assign forever to +you and your heirs and successors, kings of Castile and Leon, all +and singular the aforesaid countries and islands thus unknown and +hitherto discovered by your envoys and to be discovered hereafter, +providing however they at no time have been in the actual temporal +possession of any Christian owner, together with all their dominions, +cities, camps, places, and towns as well as all rights, jurisdictions, +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 +one hundred and thirty-four degrees distant [eastward] from La Sal +and Buena Vista, quite different from theirs." But inasmuch as neither +touched upon the case, they notified the Castilian deputies to present +maps containing all the necessary lands, and "we would do the same." + +Immediately the Castilian deputies petitioned that both maps be signed +by the secretaries, and they showed theirs with all the Cabo Verde +islands added to it, and some lands which the judges for Portugal +passed by, so that on their part this did not remain to be done. + +The Portuguese map contained Cape Verde with the Rio Grande to the +Arbitro, but no more; and toward the north Cape Bojador, which lies +thirteen and one-half degrees from Cape Verde; _Item_, an islet +called La Ascencion, and then nothing to Cape Buena Esperanza, +which was a northwest direction with a north and south distance of +fifty-two and one-half degrees, and a run of sixty degrees; _Item_, +a nameless bay; _Item_, Cape Guardafui whither it was navigated from +Buena Esperanza to the northeast, with a north and south distance of +fifty and one-half degrees, and a run of fifty-six degrees; _Item_, +Cape Comerin whither it was navigated from Guardafui in an east and +west direction, one-half degree northwest, five degrees east, and a +run of twenty degrees; _Item_, to Zamatra and up to the point called +Ganispola, a run of fifteen and one-half degrees, from which point +to the Malucos it was twenty-seven degrees. + +Thereupon the judges for Portugal, with the exception of Francisco +de Melo, who had departed, said they would answer the other points +made by the deputies from Castilla in the morning. + +May 24. _Ibid._ The judges for Castilla presented the following writ: +"To say that the maps were only for the purpose of locating the Cabo +Verde islands is strange, inasmuch as we are discussing the bringing +by each side of our respective navigations, in order to determine +the distance of the Malucos, as witness the members of the Council, +who were and are present. It is also strange that among such persons +they should withdraw the plans and maps of their navigation, and not +allow us to examine them. In our navigation the only thing necessary is +to see the distance in dispute, and we will locate on it anything else +they wish. The line is drawn according to our opinion. Let them do the +same on theirs meanwhile, in order that it may not prove an obstacle +to the third point. As to what they say about their map being like +ours, it is not so, for they have located only capes and points. We +show the entire navigation up to the Malucos just as they saw it +therein. As to the principal matter that there are one hundred and +thirty-four degrees eastward from La Sal to Maluco, that is a matter +we shall look into, and discuss, and say what we shall deduce as the +truth. As to whether we have located the Cabo Verde islands properly, +why was there no doubt about that when they agreed to it yesterday +afternoon, comparing them in the book of Domingo Lopez de Sequerra, +wherein the whole world is shown in meridian circles? Pero Alfonso +de Aguiar assured the licentiate Acevedo, who showed doubt upon the +matter, many times of this. But for greater abundance of proof we are +going to bring back the maps so that they will be sure of it." [This +writ seems to be an answer to the following one, but they are in the +order written.] + +Then the following writ of the judges for Portugal was read. In +substance it said that the maps presented by Castilla located the +Cabo Verde islands farther west than they should be; that it was +unnecessary to present maps showing their navigations, since the only +thing they ought to discuss was the location of the Cabo Verde islands. + +Then the judges for Castilla offered for a second time their map with +the Cabo Verde islands, from which the measurements were taken. + +In the afternoon the Portuguese deputies said in substance that the +navigations should not be examined, but only the locations of the +Cabo Verde islands with their respective distances. This ought to +be done in order to determine the meridian at the three hundred and +seventy leagues. + +The Castilian deputies declared immediately that they were ready +to do this, without prejudice of going on to the decision of the +negotiations. + +Those from Portugal measured the maps, finding several differences +between the one of Castilla and their two--a large one and a small one. + +Those from Castilla petitioned that the differences be pointed out +and that the Portuguese deputies should state what they considered +the truth; and that they were quite ready to acquiesce. + +May 25. _Ibid_. Those of Portugal declared that they found differences +in this place of one degree, in that of five, which they should try +to reconcile. Neither had those of Castilla shown the locations of +the Canaries and Cape San Vicente, and it was necessary to have these +lands indicated. + +The Castilian deputies offered a map with the lands in question, +saying that, if this was the opinion of the Portuguese deputies they +would conform to it, only they would take back the map presented first, +being ready to conform with this opinion in order to get rid of the +disputes which were blocking the decision. + +The Portuguese deputies said it was quite late, and they would give +their answer on the next day. + +May 27. _Ibid_. The judges for Portugal asserted in regard to +the location of the Cabo Verde islands: "We locate the island of +Santiago in five and one-fourth degrees of longitude from Cape Verde; +the islands of La Sal and Buena Vista in four; Sant Anton in eight; +and San Nicolas in five and one-half." + +The judges for Castilla gave immediately as their opinion that the +island of Santiago was in five and two-thirds of longitude distant +from the meridian of Cape Verde; those of La Sal and Buena Vista four +and two-thirds; that of Sant Anton nine, being in eighteen degrees of +latitude. [The original signatures of Colon, Duran, Salaya, Villegas, +Alcaraz, and Cano follow.] + +May 28. By common consent both sides presented globes showing the +whole world, where each nation had placed the distances to suit +themselves. The measurements were taken and the secretaries ordered +to set them down. + +The measurements followed in the afternoon. Numberless differences +were found, such that the globe of the Portuguese deputies showed +one hundred and thirty-seven degrees of longitude from the meridian +of the islands of La Sal and Buenavista to the meridian passing +through the Malucos; while that of the Castilians showed one hundred +and eighty-three. Both were measured eastward with a difference of +forty-six degrees. + +At adjournment of this meeting they agreed to meet upon the thirtieth +upon the bridge of Caya to discuss and examine everything needful +for the negotiations. + +May 30. Monday, on the said bridge. The judges for Portugal presented +the following notification, read by Francisco de Melo: that because of +the differences in the globes they believed it necessary to investigate +and make certain of the longitudes in question. For this they proposed +four methods, namely: The first, on land by taking distances from +the moon to some fixed star, as might be agreed upon; the second, to +take the distances of the sun and moon in their risings and settings, +and this upon land having its horizon above the water; the third by +taking a degree of the sky without any limit for sea and land; and the +fourth, by lunar eclipses. "Let us examine the method that we must +use," they say, "and let us consider how to end the negotiation. If +the time remaining seems short, it should be prorogued as long as may +be necessary and for such prorogation we notify," etc., and they did +notify Acuna and Acevedo to prorogue it for all of June. + +Acevedo gave his vote [the same as in the records of possession]. Acuna +said that he heard it, and Don Fernando Colon read immediately the +following writ, which in brief showed the subterfuges of the judges for +Portugal, the differences between the said judges and the globes which +they presented concerning the distance from the meridian of La Sal +eastward to Maluco, for they say it is one hundred and thirty-seven +degrees but in one globe there were one hundred and thirty-four +degrees and in another one hundred and thirty-three, a difference +which proved falsehood; that both word and drawing showed their +[the Castilians'] truth, and reasons and experience proves the said +distance to one hundred and eighty-three degrees, and by way of the +west one hundred and seventy-seven. The principal matter could have +been determined in the time set; and this proposition of methods, +which would require a long time, proved that they wished to delay +matters. Neither was one month sufficient for the examination by these +methods foreign to the spirit of the treaty, and they were opposed to +this thing. They notified the Portuguese deputies to vote definitely +on the demarcation and ownership at four o'clock in the afternoon +on the following and last day of the time set. If they did not do so +they would be to blame ... we protest that we shall vote, etc. + +The licentiate Acuna immediately handed in a negative vote on the +question of continuation, as is seen in the Records of Possession. The +notification of Acevedo and the confirmation of Acuna are also the +same as in the said Records. + +May 31. _Ibid_. In reply to the deputies of Castilla; those of +Portugal presented a writ to the following effect: that the case was +far from being in a state to pass a definitive sentence upon it. Only +three preliminary points had been touched upon, and discussion of +the principal things passed by. Therefore they were to agree upon +the distances by virtue of certain observations; to place, by common +consent, the lands and seas on a blank globe; and to draw the line of +demarcation. The difference in our globes proved nothing. Also they +[the Castilians] had altered their only globe and map, based on the +voyages of Juan Sebastian del Cano. Therefore believing that all the +globes and maps were in error, we have proposed certain astrological +methods. Meanwhile we cannot vote, etc. + +Don Fernando Colon read immediately the following vote and opinion +of the Castilian deputies: + +_Opinion of the Spanish Astronomers and Pilots_ [184] + +The first thing required and presupposed in this matter of defining +and determining the present case of the ownership of the Malucos is to +ascertain where the divisional line passes; and secondly the location +of the above-mentioned Malucos. As to the first--the location of the +said line--we their Majesties' deputies declare: We have voted already +for many reasons and causes that this line must pass west of the island +of Sant Antonio, the measurement commencing from this place, as we +have demonstrated by our words and drawings during the procedure of +this case; and we declare the same now by our vote and decision. As to +the second, we assert that the Malucos fall many degrees within their +Majesties' demarcation. In verification of this assertion it is to +be noted, that, since the sphere has a circumference of three hundred +and sixty degrees, this number should, of necessity, correspond to the +distance, demonstrated by the deputies of the King of Portugal, to be +comprised between the meridian of the island of La Sal and the Malucos, +plus our assertion of the distance westward to the same Malucos. And as +this number of degrees not only is not attained in the said navigation, +but the latter rather falls short of it by about fifty degrees, no +other reason can be assigned for the shortage, except that it arises +from the distance eastward being greater than they have shown it to +be; and the error consists in their having shortened the said journey, +which is suspected and proved conclusively according to the following. + +First, because it is sufficiently clear evidence to note that, +in the prosecution of this case, they attempted to make use of +ends which were manifestly unjustifiable, and wished to delay +and not arrive at a conclusion. This was quite apparent when they +immediately _refused to admit Simon de Alcazaba,_ because he had +voyaged in those seas and lands with the Portuguese, and knew the +truth concerning their distances, and the places where they shortened +the distances; and because some days must pass before their Majesties' +commission to elect another judge, could arrive from Burgos. _Item_: +because on Saturday, April 23, we [the Castilian deputies] voted +upon the order of investigating the three points necessary in the +prosecution of this case, namely, in what manner we should determine +the demarcation,--whether on a plane or spherical surface,--what +location we should assign to the Cabo Verde islands, and from which +one of them we should commence to measure the three hundred and seventy +leagues; they in a matter so apparent, and of so little inconvenience +or room for speculation, would not vote until Wednesday, May 4, a +space of eleven days, and in order to cause confusion they voted that +the first thing to determine was from what island the three hundred +and seventy leagues to the line were to be measured, it being beyond +the bounds of reason to discuss such a thing before investigating +or ascertaining the relative locations of these islands with regard +to each other, examining them in some manner, in order afterwards +to enable us to determine from which one such measurement should be +made. This we showed most conclusively by the reasons brought forward +in this case. But wishing the verification of the truth, we consented +to proceed in the matter as they elected. + +_Item_: when it came to a vote as to the island from which the three +hundred and seventy leagues was to be measured, they voted for the +islands of La Sal and Buena Vista. This was quite contrary to justice, +inasmuch as the measurement should begin at the island of Sant Antonio, +the most westerly of the Cabo Verde islands, as is apparent from +reasons adduced by us. It is apparent also from these reasons that, +at our last meeting in Yelves, they brought in a globe upon which the +line of demarcation had been drawn by them twenty-one and one-half +degrees west of the said island of Sant Antonio. This they tried to +disavow so that the notaries could give no testimony regarding it, +telling them they could give no other testimony than that they saw +a reddish band just like many others on the globe. Nevertheless in +downright truth, in a globe marked with the points of the compass +as it was, on which the principal winds were shown in black, the +mid winds in green, and the quadrants in lines of a reddish hue, +there could not be a quadrant or colored band passing from pole +to pole--especially since there was but one, all the others being +black--which they were substituting for the north and south wind, +blowing from one pole to the other, and which is placed on such globes +instead of the wind or meridian line. + +Therefore it is apparent from the above that they had drawn this line +long before they voted for the line of demarcation, by the sphere +which they showed to have been made long before; and which if it had +other reddish lines girdling the sphere, these latter did not pass +through the poles as this line did, but started from the center of +the compasses placed on the equinoctial, and were in proportion to +other circular lines. But this line was in proportion to no other line, +saving one corresponding to the number of the three hundred and seventy +leagues reckoned from the island of Sant Antonio, just as we voted it +must be located. Therefore it is proved by this line and globe that +the said line was in harmony with our vote in regard to the distance +it must have from the said island of Sant Antonio and in regard to +its passing from one pole to the other, according to the stipulation +of the first treaty negotiated between the Catholic sovereigns and +King Don Juan (may they rest in peace), and not in harmony with it, +in regard to the other things maintained on this point in the said +globe. Therefore it results that they voted contrary to justice, +with intent to show that they had navigated a shorter distance, and +to delay and cause disagreement in these negotiations because of this +point. All the above is apparent and is proved by the records of this +assembly, and it is inferred therefrom that they did not consider or +regard as true the few degrees they had given out. + +_Item_: having agreed that we should bring good maps on which we would +show our voyages westward, and they theirs eastward, they produced +a map, upon which were shown only a few points and principal capes, +and those lately inserted thereon; so that their voyages could not +be ascertained. Neither was it possible to verify in such a map what +they compressed in it. As the said distance of degrees given by them +was not true, as would be quite apparent if they brought a good map, +and one made some time before, in which their said navigation should be +contained, and as they had no just excuse to palliate such contention, +they said that they brought the said maps only to locate the Cabo Verde +islands, which by the very same map was proved to be contrary to the +truth and was not a sufficient excuse, since the said islands were not +located on this map, as is evident from the judicial records. Therefore +because of all the above reasons, and because it might not be possible +to verify later what had passed, they would not permit the judges and +notaries of the case to examine the said map. More than this, having +decided afterwards upon the location of the said islands, we were in +agreement with a map on which they had located them. As the decision +was not unanimous they locked up the said map and would not produce +it again, although they were requested to do so by us. And therefore, +they voted afterwards upon the location of the said islands contrary +to their own determination of them in the said map, and contrary to +what we voted in the said case. They did this contrary to all reason +and right, as was proved afterwards by a globe that they showed, on +which both the island of Sant Antonio and that of La Sal were exactly +where we located them, as is evident from the judicial records of +this case. Consequently they acted contrary to what they had declared +and voted. In the same way it was proved by the said globe [the first +one] that the voyage eastward from the said island of La Sal to the +Malucos, was greater than they had declared at first; and the said +globe did not conform with the map they had shown first, nor even with +another globe they produced. It is adduced from all the above by, +evidence and clear demonstration, that the said distance of degrees +asserted by them is untrue. Therefore they sought and tried to delay +these negotiations, alleging that maps and globes were insufficient +instruments from which to ascertain the truth, and that the demarcation +could not be determined by them. They begged insistently that other +methods of eclipses and fixed stars be sought, not taking into +account, as we have said, that these are causes for great delay; for +the consideration of such eclipses, and the movement of the moon, +and its visual conjunction with any fixed star, and all other like +mathematical considerations can at present be of no advantage to us, +_because of our being limited to such a brief period as two months_, +in examining and determining this matter. From this [the short time] +it is seen that it was not the intention of those sending us that such +expedients should be sought or pursued. It can be well said from the +above that he who has a poor proof, shows in detail the witnesses to +that fact, and therefore, we shall demonstrate in the following more +fully and specifically that the said distance is not what they assert, +and that all reason, every document, and all experience contradict it. + +First it is proved that they have on their part, lessened the number +of degrees, for the voyage from Guinea _to_ Calicut is shown to be +greater than they assert or show, because from the time those lands +were discovered until now, the said Portuguese have been shortening +and lessening the said distance. [This assertion is proved by the +various discoveries eastward made by the Portuguese navigators from the +time of the Infante Don Enrique, (Prince Henry the Navigator) namely, +Cadamosto, the Venetian; Antonieto, the Genoese; Pedro Zinzio; Diego +Cano; Bartolome Diaz; and Vasco da Gama. [185] The distances navigated +by these men are given as they themselves recorded them.] Therefore +with apparent reason the _Itinerario Portugallensium_, translated +from Portuguese into Latin by Archangelo Madrignano, and which was +printed in 1508, [186] in chapter sixty, reckons a distance of three +thousand eight hundred leagues, or fifteen thousand miles from Lisbona +to Calicut, and declares in the last chapter that it is a three months' +voyage from Calicut to Zamotra. + +_Item._ the said distance is proved to be much greater, as we assert, +because of certain persons who traveled through and navigated the +lands and seas eastward from the sea Rojo [Red Sea] and recorded +their voyages at a time when there was no suspicion of a discussion +like the present. [Geronimo de Santisteban, a Genoese, is given as +an example. He sailed from Aden to Calicut in thirty days, and in +eighty-three days from Calicut to Zaumotra (Sumatra), a distance of +about fourteen hundred leagues. "With this number agree Marco Paulo +(Marco Polo) and Juan de Mandevilla (John Mandeville) in the self-same +voyages and travels made by them, as is stated very diffusely in their +books." The three-year voyage of King Solomon's ships, as recorded in +"the third book of the Kings" [187] to "Ofir and Zetin whence they +brought the gold to build the Temple," and which places "all writers +upon the sacred scriptures assert" to be "toward the most eastern +part of India," agree with the same figures.] From all the above, +therefore it is inferred that the navigation from the said Mar Rubro +[Red Sea] to the eastern part of India is a much greater distance +than the Portuguese say. + +_Item:_ it is well-known that the Portuguese themselves confessed that +the said Maluco islands were so far to the eastward that they fell +within their Majesties' territories. And this was so apparent that one +of the deputies acting now in this cause for the said King, by name +Master Margallo, in a philosophical book written by him, and but lately +out of press, in showing the division between Castilla and Portugal, +proves that the said Malucos fall and are within their Majesties' +limits. And too, when they were discovered by the Castilian fleet, +the King of Portugal desiring to have information regarding their +location and boundary, considered himself perfectly assured when all +those whom he ordered to assemble for this purpose concluded that they +lay within the Castilian boundaries. And therefore the more than great +caution exercised up to that time in not permitting sea charts to be +taken from his realms was thereafter observed much more strictly, +and many maps were burned, destroyed, and seized, and an order was +sent forth that the routes in all maps should be shortened. And those +maps they do give out for purposes of navigation, to those who must +sail toward India, they give on account, so that they must be returned +to the treasury in order that there might be no information in other +places as to the longitude of this route. And all the abovesaid is +confirmed more clearly, because, notwithstanding the great caution +exercised in Portugal in not allowing maps to be taken outside of the +kingdom, certain Portuguese and Castilians have taken and possessed +some maps. We, the said deputies of their Majesties, wishing to +become better informed concerning these maps, in order to pronounce +better and more truly upon this case, for the greater assurance of +our consciences, and for the purpose of securing the most indubitable +knowledge in regard to this matter, summoned before us certain pilots +and men, skilled both in navigation and in making maps, globes, and +mappamundos. These men have always tried to inform themselves with +great care, concerning the distances and routes of the said voyage, +both of those who made the voyage, and of those who delineated and +located the lands comprehended in the voyage. They stated under oath +and before two notaries and the secretary of this case, that they knew +that the said navigation and the location of these lands comprised +more degrees than was declared and demonstrated by the said deputies +of the King of Portugal, by their globes and maps. So much greater +was the distance that it was evident they were now trying to shorten +the said voyage again by more than twenty-five degrees of longitude +of the distance until now declared by them. + +Therefore, as is apparent from the said information of modern +navigators and cosmographers, both Portuguese and those of other +nations, and from the relation of the said pilots and sailors, it has +been proved completely that the said distances and routes, declared +by the said deputies of Portugal, are neither just nor true, and that +the deputies have reported them much shorter than, in sober truth, +they are. From this it can be presumed, that inasmuch as they shorten +the said route each day, the said mistake of fifty degrees proceeds +doubtless from their eastern part and not from our western part. + +_Item:_ it is to be observed that, notwithstanding the said distances, +expressed, as is shown by the said pilots who determined them, as +they should, on a spherical body, the said Malucos fall many degrees +within the limits of our lord, the Emperor, and that they lie a much +greater number of degrees east of the island of La Sal, than they had +declared, inasmuch as, according to geometrical reasoning, the lands +situated along the said eastern voyage, placed on a plane surface, +and the number of leagues being reckoned by equinoctial degrees, +are not in their proper location as regards the number and quantity +of their degrees, for it is well known in cosmography that a lesser +number of leagues along parallels other than the equinoctial, occupy +a greater quantity of degrees. Now then as almost all the lands from +the Cabo Verde islands to the Malucos, are, for the most part quite +distinct from the equinoctial, it will take a much greater number +of degrees when they are transferred and drawn on the spherical +body. Calculating by geometrical proportion, with the arc and chord, +whereby we pass from a plane to a spherical surface, so that each +parallel is just so much less as its distance from the equinoctial +is increased, the number of degrees in the said maps is much greater +than the said pilots confess, and consequently these lands fall by a +greater number of degrees inside their Majesties' limits. In order to +verify the above we must examine the itineraries and navigation routes, +and the angles and intersections made by the routes with the meridians +and parallels encountered, which are styled angles _positionis_ among +cosmographers. This is the most certain method of determining lands +on a spherical body, when calculating them from the plane surface, +as the following will show. + +[The distances of these itineraries are shown in evidence of the +preceding. Maps of India made in Portugal "at the time when there was +no suspicion that so great a number of leagues was to be subtracted +as is proved now to have been the case," are cited and distances taken +therefrom in proof of the assertions made by the Castilian deputies. As +a result of these distances it is shown that the distance between +the Moluccas and the island of Sant Antonio would be one hundred and +eighty-four degrees to the eastward, to which number "must be added +the degrees contained in the said three hundred and seventy leagues +from the island of Sant Antonio to the line of demarcation." The +following deductions are made:] + +It is quite evident from the above that the distance of the navigation +eastward assigned by the Portuguese in the proceedings is short by more +than fifty degrees, being proved by the said old Portuguese relations +and maps, which are not to be doubted. And it is evident that our +calculation is true, both eastward and westward, and that from the +said divisional line commencing from the island of Sant Antonio, +the distance westward to the Malucos is not more than the said one +hundred and fifty degrees. + +[At this point the aid of the old authors, Ptolemaeus and Plinius, +is invoked to prove more conclusively that the distance was shortened +by the Portuguese. The summary of the document is as follows:] + +Therefore in concluding, we assert, both on account of the reasons +abovesaid, and for many others which incite us to this decision, +that we find the location of the Malucos not to lie in the longitude +declared by the deputies of the King of Portugal, but where we claim +and prove by our sea chart. Consequently we assert that they lie and +are situated a distance of one hundred and fifty degrees west of the +divisional line, as we have shown in these discussions. It results +then that the distance eastward from the said line to the said Malucos +is two hundred and ten degrees, and according to this the ownership +and seigniory of the Malucos pertain to their Majesties. This is +our vote and decision, and thus we declare to and notify the said +deputies of the King of Portugal, that since our vote is just and in +accordance with right, they conform to the same. Don Hernando Colon, +Fray Tomas Duran, Doctor Zalaya, Pero Ruiz de Villegas, Master Alcarez, +Juan Sebastian del Cano. + +I have read the above vote and decision of their Majesties' +said deputies in the presence of the deputies of the said King of +Portugal. Thereupon the said deputies of their Majesties and their +secretary all said for themselves that their opinion is in accordance +with the above, and they ordered us, the said secretaries to set +it down in the records. Then the said deputies of the said King of +Portugal declared that they were opposed to the said vote and adhered +to the writ presented by them yesterday, and to the one presented at +this meeting today before the reading of the vote in question. They +said they had other reasons to offer, which they would not give +today for lack of time, but would present tomorrow, Wednesday, the +first of June. They ordered us, the said secretaries to set it down +thus in this record. And we, the said secretaries being present at +this declaration, set it down in this record, and sign it with our +names. Bartolome Ruiz de Castaneda. + +The Portuguese deputies answered that they adhered to their +proposition. The formalities follow and the junta was adjourned, +as was certified in the records by the secretaries Bartolome Ruiz de +Castaneda acting for Spain, and Gomez Yanes Freytas for Portugal. [188] + + + +Opinion Rendered by Don Hernando Colon in the Junta of Badajoz +Concerning the Ownership of the Malucos + + +Don Hernando Colon declares that, at the first meeting of the +deputies who were to confer regarding the question of ownership, +when discussing the method of procedure, it was his opinion that +each one should set down in writing what he knew of this matter, thus +furnishing reasons and information upon which to base his Majesty's +right, and also material wherewith to answer the arguments, to which +he thought they might be opposed _ex adverso_. Although this method +was not approved by the said deputies, considering that it could not +but result in some good to his Majesty's service, he presented his +opinion in writing after the following Saturday, wherein he showed +their Majesties' right not only to the Malucos, but also to all of +Persia, Arabia, and India. [Thereupon it was decided that each one +should present his opinion, "especially as each one will incite and +spur on his fellows, and in case of any sickness or absence, what +such and such a deputy knew of the matter would be known, and if we +should decide upon nothing definite at this time, we shall leave a +record of the truth for a future time." Colon says:] + +First, inasmuch as the division of the sphere, which is an unknown +quantity, is to be determined, we must determine and verify its +size. This must be done by one of two methods, namely, by measuring +the entire globe or body to be divided; or by ascertaining exactly the +proportional relation between one portion of it and the corresponding +portion of another body, whose size is known to us, as for instance +the heavens, which learned men have divided into three hundred and +sixty parts or degrees. + +As to the first method of measuring the earth, besides being very +difficult, it becomes also arbitrary unless measurements were always +made by line. Much uncertainty is occasioned by this method, because, +as we hear and say continually such and such leagues are very long, +while others speak of them as small, each one judging according to his +own opinion, and taking into consideration the time and rapidity it +took him to walk them. On this account a much greater difference will +result when the said leagues are measured by sea, for there are many +more obstacles that alter or impede the correct calculation of them, +such as, for instance, currents, tides, the ship's loss of speed, +because of its meeting with strong head winds, or because of heavy +seas coming athwart the bows, or from other directions. In addition +to all these one may be deceived by the ship's burden and bulk; or +by reason of the ship's bottom being cleaner or dirtier at one time +than another; or whether it is towed or sailing alone; or whether it +carries new or old sails and whether they are of good or ill pattern, +and wet or dry; whether the day's run is estimated from the poop, +prow, or amidships; and other special considerations that I pass by, +such as the heaviness or lightness of the winds, the differences in +compasses, etc. From the above then, I infer that it is difficult +and unsatisfactory to determine the size of the earth by means of +measuring it by traveling or sailing, and the same was maintained by +Ptolemaeus and other erudite men by actual test. + +As to the second method, namely, by determining what portion of the +earth corresponds to another known part of the heavens, it is more +_probabile etiam per demonstrationem_. But the difficulty of this +method lies in the fact that this proof or demonstration has been +made by many learned and experienced men, and we discover a great +diversity in their results, as I pointed out in my opinion when it +was agreed that every one should commit _in scriptis_ the number of +leagues corresponding to each degree, of which the following is a copy. + +[Here follow the different calculations of the length of a degree and +the circumference of the earth, beginning with Aristotle. Briefly +these are as follows: Aristotle, 800 stadia to a degree, making +the terrestial circumference, 12,500 leagues; Strabo, Ambrosius, +Theodosius, Macrobius, [189] and Eratosthenes, each 700 stadia to the +degree, and a circumference of 7,875 leagues; Marinus and Ptolemaeus, +500 stadia to the degree, and a circumference of 5,625 leagues; +Tebit, Almeon, Alfragano, Pedro de Aliaco [190] "in the tenth +chapter of _De imagine mundi_ and the author of the sphere in the +division of the zones," Fray Juan de Pecan "in the fourth chapter of +the treatise of the sphere," and the "first Admiral of the Indies, +[191] as is evident from many papers made by him," each "fifty-six +and two-thirds miles" or "fourteen leagues and two-thirds of a mile" +to a degree, and a circumference of 5,100 leagues. "If no opposition is +given to this latter _ex adverso mere voluntarie_," continues Colon, +"then necessarily we must have recourse to verify it by experience, +which is hindered by many obstacles." In further reasoning he says:] + +It is clear from the above, that, supposing the measurement of the +degrees to be conclusive, it is not reduced to such practical form +that the place where such and such a number of leagues correspond +to a degree can be told, nor is it easy to determine this; so that +it will be necessary, both sides concurring, to select persons and +instruments and the place for making the test. After these men had +been ordered to proceed, instruction and advice must be given them, +which being a huge matter and outside of the present discussion, I +shall not dwell upon. If such practical experience is not acquired, +then rightly and quite reasonably the measurement or size of degrees +used by the authors of tables, or of almanacs and daily calculations of +the stars, should be accepted; and such a view seems quite conclusive +to whomever is not obstinate, since it is proved that the diversity +of the relative positions of the superior bodies proceeds from the +difference between the places of observation. + +Supposing that the number of miles or leagues corresponding to each +degree were to be verified by the care and skill of the men abovesaid, +then another very long and difficult calculation would be necessary, +namely, the appointment of experienced men to measure and determine +the number of measures or degrees from one continent or province to +another. And when they shall reach the half [one hundred and eighty +degrees] counting from the line passing at the end of the three hundred +and seventy leagues, at that place they shall establish a point or mark +to show what pertains to each side. But as this manner of measuring +degrees may be difficult from east to west, although easy from north +to south, recourse must be had to certain fine and subtile methods, +of which, although everybody is well informed concerning them, I +shall not hesitate to state a few facts I have been able to acquire, +in order to give these other deputies an opportunity to explain those +facts of which I am ignorant. + +[Various methods for estimating the length of a degree follow. Colon +concludes thus:] + +But inasmuch as the determination of the above methods seems to +be and is difficult, each one of them must be employed, and each +one put into execution, so long as one does not conflict with the +other. Furthermore the day's run must conform to these methods, +and pilots of great experience and judgment chosen. In this way it +might be hoped to determine a division in which neither part would +suffer and great loss or inconvenience. Inasmuch as, in another form, +_rebus stantibus ut nunc_, I consider it impossible that one side can +succeed in convincing the other by demonstrating that the Malucos +fall within his territory, although one might show that it is more +in accordance with equity and reason, and thus obtain his object, if +the judges imagine that they could determine it according to rigorous +and absolute judgment; therefore in order to accomplish my utmost as +well as to do everything that I think can be of use in this question, +upon the day determined by the assembly I shall present in writing all +the evidences, documents, and drawings bearing upon this case that, +to my mind, might prove useful. + +Now to sum up in conclusion of the above, neither side can convince +the other that he is trying to shift his ground; and therefore, I say, +no sentence can at the present time be passed upon this case, except +that it will be necessary to agree upon an expedition to compute the +size of the degrees; and this done, ships and men must be chosen, +for the purpose of measuring the longitude by one or the other of the +various methods found to be best, and for definitely determining and +marking the beginning and end of the said demarcation, and the lands +falling in each part or hemisphere. [His signature and the notarial +countersignature follow. The date of this document is April 13, 1524.] + + + + +Opinions of Fray Tomas Duran, Sebastian Caboto, and Juan Vespucci +Rendered at the Junta of Badajoz Regarding the Ownership of Maluco + + +Inasmuch as you wish, it appearing to have some value, that each one +should set down in writing his opinion regarding the demarcation that +his Majesty commended to us, we, Fray Tomas Duran, Sebastian Caboto, +captain and pilot, and Juan Vespuchi, pilot, concert together in +setting down and explaining our opinion regarding this demarcation. + +First we must calculate the leagues, giving as few at possible to +the celestial degree, because giving fewer leagues [to the celestial +degree] there will be fewer throughout the earth, which suffices quite +well for their Majesties' service. However, as we pointed out formerly, +it seems to us that we must employ the number used commonly by sailors +both in Portugal and Castilla. These men assign to each heavenly +degree seventeen and one-half leagues, to the first following point +of the compass from the north [north by east] eighteen and one-half, +to the northeast by north twenty, etc. The second fundamental is that +we must conform ourselves to that most grave and practical astrologer +Ptolemaeus, who, writing later than Pomponius, Marinus, Plinius, +and Strabo, calculated sixty-two and one-half miles to each degree. + +Thirdly we declare that there are two methods of procedure in this +demarcation. The first is according to the conjectures and experiments +made during many repeated voyages by skilled pilots. This method has +been followed by all the writers on cosmography. The other most sure +method is by proceeding in a northern altitude from north to south, +and in an altitude from east to west, or by taking the east and west +longitude. This is a difficult task, as this assembly is aware, and +as each one has declared, and setting forth many methods for doing +it that appear feasible to them, and finding fault with them all. + +First let us examine this first method, and then the second. As to the +first we must place the line of demarcation three hundred and seventy +leagues from the island of San Antonio. This number of leagues is +equal to twenty-two degrees and almost nine miles. Reckoning degrees +from that parallel and from the island of San Antonio there is a +distance of one hundred and eighty leagues to Cape Verde which equals +ten degrees. Therefore it is thirty-two degrees from Cape Verde to +the line of demarcation. We assert then, that by graduating these +degrees in this manner, the Malucos fall within the boundaries of +our lord the Emperor, however we may make the demarcation. For if we +wish to determine it after the customary models and where voyages +have been made up to this time, to wit, calculating five hundred +and forty leagues from Cape Guardafuui to Cape Comori, five hundred +and sixty leagues from Cape Comori to Malaca, and four hundred and +twenty leagues from Malaca to the Malucos, in which way the voyage +is always made, not only do the Malucos fall within his Majesty's +demarcation but also Malaca and Zamatra. And if, perchance, we wish to +determine the demarcation in accordance with the recently corrected +Portuguese maps, which reckon a much less number of leagues between +the above-named places, to wit, from Cape Guardafuui to Cape Comori, +Cape Comori to Malaca, and from Malaca to the Malucos, we still +assert that the Malucos fall within the demarcation of our lord the +Emperor. For according to these maps corrected recently in this way, +the demarcation or line of demarcation falls near Gilolo, an island +near the Malucos. This is so on the plane surface of their map. When +this plane surface is reduced to a spherical one, because of the +rotundity of the sea where these voyages are made--the latter being +in addition along parallels other than that of the equinoctial and +where the degrees are less than those of the equinoctial, (the same +league being assigned to the different degrees)--so that when this +reduction is made, five degrees are gained, or nearly this number, +which we have measured and proved to be so, then it comes to pass, from +their own map, that the line of demarcation falls outside the Malucos, +and the Malucos are in the territory of the Emperor our sovereign. + +_Item_: let us suppose, for instance, that when the Catholic Sovereigns +and King Don Juan of Portugal ordered the demarcation of the seas +to be made, by commanding a line to be drawn from the Arctic to the +Antarctic pole at a distance of three hundred and seventy leagues from +the Cabo Verde islands, they had ordered also the demarcation made +on the eastern side, which his Majesty orders us to do now--though +at that time neither Persia, Arabia, nor the Cabo Buena Esperanza +[Good Hope] was discovered--it is quite certain that this north +and south line must pass on the eastern side through the mouth of +the river Ganges. This is a fact, because Ptolemaeus with great care +described and located the cape of Catigara in accordance with the long +experience of those voyaging through the spice region, as is discussed +in the fourteenth chapter of the first book of his cosmography. He +makes a distance of one hundred and eighty degrees from the Canarias +to Catigara or the Metropol of the Chinese. Therefore subtracting +the thirty-two degrees--the distance of the divisional line west [of +the Cape Verde Islands], the line on the other side passes through +the mouth of the river Ganges, which lies in one hundred and fifty +degrees of longitude. Therefore Malaca, Zamatra, and Maluco fall +within the demarcation of his Majesty. + +_Item_: it can not be denied that the island of Gilolo, lying near the +Maluco Islands, is the cape of Catigara, inasmuch as the companions +of Magallanes journeyed westward upon leaving the strait discovered in +fifty-four degrees of south latitude, sailing such a distance west and +northeast that they arrived in twelve degrees of north latitude where +were found certain islands, and one entrance to them. Then running +southward four hundred leagues, they passed the Maluco islands and the +coast of the island of Gilolo, without finding any cape on it. Then +they took their course toward the Cabo Buena Esperanza [Good Hope] +for Spain. Therefore then the cape of Catigara can only be the said +island of Gilolo and the Malucos. + +_Item_: Ptolemaeus locates this cape of Catigara at the point of the +gulf Magnus, next to the gulf of the Ganges and the Cresonensus bay, +which conforms wholly to the account now discovered, so that the +description and figure of Ptolemaeus and the description and model +found recently by those who came from the spice regions are alike and +not only alike in appearance, but in name. That region is now called +China; Ptolemaeus styled it _regio Sinarum;_ the barbarians also +compressing the _s_ say Sina instead of China; and the Portuguese +themselves place China in this region. Therefore it being asserted +that the island of Gilolo and the Maluco islands are Cape Catigara, +as is a fact, the line of demarcation falls thirty-two degrees more +to the westward and passes through the mouth of the Ganges. Therefore +Zamatra, Malaca, and the Malucos fall within our demarcation. + +_Item_: in everything discovered by the Portuguese of which Ptolemaeus +has any notice, the former conform in their navigation to the +latter. They locate China north of the Malucos in the gulf Magnus, +just as Ptolemaeus locates it. For these and other reasons, which will +be adduced by wiser than we, it seems to us that the Malucos, Malaca, +and Zamatra fall thirty-two degrees within his Majesty's demarcation, +as we stated above. This is the opinion of all three of us, and as +such we give it, signed with our names this fifteenth of April, one +thousand five hundred and twenty-four, in the city of Badajoz. Fray +Tomas Duran, _Magister_. Sebastian Caboto. Juan Vespucci. [The notarial +countersignature follows.] + + + +Memorandum Relative to the Right of His Majesty to the Dominion and +Ownership of Maluco, Presented by Don Hernando Colon + + +Don Hernando Colon asserts that the first section of the treaty +ratified between the Catholic sovereigns (may they rest in peace) +and King Don Juan of Portugal, sets forth a certain division of +seas and lands of which, the people having no definite knowledge +or understanding, the public report has originated and been sown +broadcast that they had divided the world between themselves. From +this supposition it resulted that the people inferred another general +conclusion, namely, that having divided the world, it followed +immediately that they divided it into equal parts. So wide spread is +this that the above report gives rise to a so deep-rooted impression +in these men whom his Majesty sent at present to inquire into the +question of ownership, that they have persuaded themselves that it +is really the truth. And although they have seen and read the said +treaty many times, this does not suffice to make them recognize in +their method of procedure that such a supposition is untrue, especially +since the contrary was not declared by his Majesty's Council in their +assembly. Neither did they appreciate the fact that the assembly did +not say they should understand it in this or that manner, but fulfil +the stipulations of the first treaty in accordance with the new treaty +and commissions delegated to you. + +Therefore, inasmuch as many inconveniences result from this, which +occasion not only great damage to his Majesty's service, but also a +great delay in the settlement of the present business, on account of +this vicious understanding being the cause of their trying to direct +it by unsuitable and senseless methods, and to wrangle and dispute +not only with the Portuguese, but even among themselves in regard +to obtaining certain other things, it seems to me that the present +negotiations would move more briskly and advantageously if they should +do the very contrary of what they are striving to do, namely, to locate +the line of demarcation as far westward as possible; I the said Don +Hernando beg your graces, the lawyers Acuna, Manuel, and Barrientos, +as being members of his Majesty's Council, and the licentiates Pisa, +and Doctor Ribera, as being his advocate and official attorney, both +in order to fulfil his Majesty's command, namely that we ask your +advice, and in order that the above command might be obeyed by your +graces, that, since this point consists principally in law and not +in astrology or cosmography, you set forth and declare in writing, +for our good understanding, what we ought to do in this case, and +what understanding we should have of it; so that we may all give a +good account of what was commanded us, which we should do now, for +we know the intent of the Portuguese, and what they wish or show +that they wish; and are about to come to certain conclusions with +them. And especially since a fortnight has passed since I proposed +this doubt to your graces by word and writing, it is to be supposed +that you will have come to a decision regarding it; and in closing +I beg that a definite decision be rendered in the case. + +Don Hernando Colon. + +[The official recognition of the notary dated Wednesday, April 27, +1524 follows.] + + + + +Letters from the Emperor to the Deputies Appointed to Treat of the +Ownership of the Malucos in the Junta of Badajoz + + +[The first letter is an open proclamation and order to the "Council, +court, _regidores,_ [192] knights, squires, officials, and good +people of the city of Badajoz." The King announces that he is sending +"to this said city the licentiates de Acuna, of my Council; the +licentiate Pedro Manuel, auditor of our audiencia of Valladolid; +the licentiate Barrientos, of my Council of Las Ordenes," [193] +Don Hernando Colon, Simon de Alcazaba, other astrologers, pilots, +and other lawyers and persons, who are to investigate, in our name, +the demarcation, with other deputies and representatives of the most +serene and excellent King of Portugal." He orders that the utmost +hospitality be extended to those representatives. They must be given +free and (not in inns) good lodging. No overcharges must be made +in food and other necessities, and they must not be bothered with +noises or questionings. All courtesy must likewise be extended to +"the ambassadors of the said most serene King ... as it is proper in +a matter of such import to these kingdoms, that I should receive from +you courteous behavior." Vitoria, March 8, 1524.] + +[In accordance with the terms of the treaty negotiated in Vitoria, +February 19, 1524, (_q.v._. above) which make it incumbent upon the +king to appoint "a notary before whom, together with another notary +appointed by the said most serene King of Portugal the said case and +all its proceedings must be conducted," Bartolome Ruiz de Castaneda is +appointed "as notary for our side, so that, together with him who shall +be appointed by the said most serene King of Portugal, you may inquire +into it, and all the proceedings shall be conducted in your presence, +and you shall do whatever else, in accordance with the above compact, +that is necessary," Burgos, March 20, 1854.] + +[Two letters follow, both bearing the date, March 21, 1524, and sent +from Burgos. The first is addressed to the licentiates Acuna, Pedro +Manuel, and Barrientos "our deputies." The second is to Hernando Colon, +Simon de Alacazaba, Doctor Salaya, Pero Ruiz de Villegas, Fray Tomas +Duran, and Captain Juan Sebastian [del Cano], "our astrologers and +pilots." Each letter contains the following injunction, couched in +the same words:] + +Inasmuch as, as you will understand, this matter that you are to +examine and determine is of so great caliber and import to us and the +good of these kingdoms, that it should be considered with great care +and vigilance, and that in the determination of it, there should +be great moderation and discretion; and inasmuch as there should +be no want of harmony among yourselves, I charge and order you that +before conferring with the deputies of the said most serene King of +Portugal, that you shall have discussed and conferred on the matter +among yourselves, so that you may take a common resolution as to what +you shall answer or plead in our favor, and so that you may all speak +with one mouth. + +[The second letter contains the additional injunction:] + +And in order that you may be better informed, you shall always +listen to the opinions and arguments of our astrologers and pilots, +and others, who by our command, accompany you for the purpose of +informing you as to our rights, in order that everything might be +done in a suitable manner. And it will be advisable for you to hold +discussions with the licentiates Acuna and Pedro Manuel, and the +licentiate Hernando de Barrientos, our deputies, as often as possible, +so that all that should be done for our service and the good of the +said negotiation be done better and unanimously. + +[A letter from Burgos, April 10, 1524, and addressed to the licentiates +Acuna, Pedro Manuel, and Hernando de Barrientos, states that the +King of Portugal has requested the removal of "one of our deputies, +the astrologer Simon de Alcazaba, as he was formerly a vassal and is +a native of that kingdom (Portugal)," as he is suspicious of him; and +that another be appointed in his stead. Accordingly Carlos appoints +one master Alcarez, although declaring that Alcazaba entered his +service with the knowledge and consent of the Portuguese monarch. This +change goes into effect provided that no former Spanish subjects be +appointed on the commission by the King of Portugal. It is reported +that two Spaniards--the bachelor Maldonado, who fled from Spain for +various offenses, and Bernardo Perez, a citizen of Noya, kingdom of +Galicia--had been appointed by the latter. Should these be retained, +or should other former vassals of Spain be appointed, then "the said +Simon de Alcazaba shall enjoy what was committed to him, until as +abovesaid, both the above-mentioned men be removed and displaced, +or whichever of them is appointed, or any one else, who may be our +vassal, subject, or native of our kingdoms." + +[On the same date the King writes to the same licentiates as follows:] + +I have your letter of the sixth instant, and your memoranda of your +doubts since your meeting and conference with the deputies of the +most serene and excellent King of Portugal, our very dear and beloved +cousin, and you have done well in advising me of it. + +As to what you say about having difficulty in the place where you +must meet for your investigations in the determination of this matter, +for the reason that no place on the boundary line is suitable for it; +and because, as you have seen by the compact negotiated in Vitoria, +the stipulation was relaxed so that the meeting might take place +wherever agreed upon between yourselves and the deputies of the +most serene King of Portugal, therefore you may agree, as you say, +to remain there in Badajoz one week, or what time you determine, +and an equal period in Yelves, in order that you may be well lodged +and have a good meeting place. You do well in wishing that the first +meeting be held there in Badajoz, since it is not to be believed that +the deputies of the most serene King, my cousin, will wish any thing +else or oppose any objection, nor should you consent to anything else. + +As to the departure of Simon de Alcazaba, he will have arrived already, +for this post brought news hither that the day of its arrival here, +he would have arrived there in Badajoz. Therefore the negotiations +will not be delayed on his account. + +As to what you say about the astrologers, pilots, and other persons +whom we sent thither to furnish reasons and information concerning our +right, namely, that, because they were not named on the commission, +our astrologers and pilots who were appointed as deputies, will not +receive them in their assembly as not bearing our special writ of +appointment, I am much surprised, for it was here repeated again +and again that they must summon to their council all those going +thither at our command for the above said purpose, and they must +confer with them and discuss with them concerning the demarcation; +for otherwise their being there was useless. I am sending orders to +these deputies to the effect that from this moment they do this. And +I therefore order you to give them my letter, and to see to it that +whenever the said pilots and astrologers shall meet to discuss and +confer in regard to the matter committed to them that they summon to +their council all those who are there at my behest, to wit, Master +Alcarez, the bachelor Tarragona, our chief pilot, the other pilots +of the India House of Trade, [194] and Diego Rivero; and that they +confer with and discuss with them everything necessary for their +information and the elucidation of our right; they shall always be +careful to preserve a mutual harmony, as I now recommend to you. + +In regard to your lodging, I am giving orders to the _corregidor_ +[195] that he look after the same and provide the rooms. You shall be +careful that whenever the deputies of my cousin, the most serene King, +shall come there, that they be well lodged and treated as is fitting. + +This post brings the moneys asked for by the treasurer for the payment +of the witnesses there at Badajoz, and if more are necessary, they +will be sent. + +I will have the bulls and other documents favoring our rights that +you ask for, looked up, and will send them to you. Likewise I will +have secured the hydrographical maps of which you say you have been +advised, and which are in the possession of Francisco de Lerma, an +inhabitant of this city, and the one that the pilot Esteban Gomez gave +to Colonel Espinosa. These latter I shall send by another messenger, +for this one does not take them, in order not to be detained. + +I have ordered sent you with the present letter the copy of the letter +you mention that I wrote to my ambassador in Portugal, and in which +I give the reasons for our right, and reply to the reasons brought +forward on the side of the most serene King. [196] + +This mail bears a packet of letters written by the ambassadors +of the most serene and excellent King, my cousin, residing at my +court, to the licentiate Antonio de Acevedo, his chief magistrate, +or to whatever other such official resides in the city of Yelves as +his deputy. As it is a thing which concerns this negotiation in my +service, as soon as this post arrives, you are to give or send this +packet to him with all care, and you shall make him certify that it +has been delivered to him, and shall send me the certification. + +[The letter closes with the king prescribing the order in which the +deputies shall be seated at their general councils.] + + +[Another letter of the same date as the preceding commands the +astrologers and pilots named as deputies to summon to their councils +those who, though not named on the commission are there to give their +opinion and advice. They are commanded "whenever you assemble among +yourselves to consider and discuss regarding this matter, you shall +summon the persons above named, and shall discuss and confer with +them, and shall listen to their words and opinions, and after having +heard all of them, according to this order, you shall determine what +you shall reply or plead when you meet with the deputies of the most +serene and excellent King of Portugal, my cousin, and you shall always +advise me fully of every thing that happens."] + +The King. Licentiates Acuna, of my Council, Pedro Manuel, auditor of +Valladolid, and Licentiate Barrientos, of my council of Las Ordenes, +our commissaries in the city of Badajoz, investigating the affair +of the Spice Islands: I saw your letter, and the records and papers +you sent me of what occurred there in regard to the possession of +the Maluco islands, at which proceedings you were present; also in +what shape affairs are at present, and the manner in which you have +managed them. My Council of the Indies has discussed it, and consulted +with me regarding it. What you have done seems good, and as was to +be expected from your learning and prudence. And inasmuch as I have +ordered a full reply to be made in regard to the matters upon which you +have consulted me, as you will see by the memorandum accompanying this +letter, signed by my grand chancellor, I therefore command and charge +you to examine it, and in accordance with it direct affairs, so that, +so far as we are concerned, it will be evident that nothing remains to +be done for the fulfilment of what we agreed upon. You must accomplish +this secretly and in the good manner I expect from you. You shall +give a very secret account of everything to the licentiate de Pisa. + +I am writing to our deputies--the astrologers and pilots--to place +entire confidence in you. You shall discuss with them in the best and +most reserved manner possible what pertains to them in accordance with +the section of the said memorandum that treats of the demarcation, +and in regard to the advices given by Don Hernando on the true +understanding of the treaty. Burgos, May 7, 1524. I the King. By +command of his Majesty: Francisco de los Cobos. + + +The King. Our deputies in the city of Badajoz, who are considering the +demarcation: I saw what you wrote me, and am pleased with you. I hold +in mind all you say, which is as I expected from you. And inasmuch +as I am writing fully to the licentiates Acuna, Pedro Manuel, and +Barrientos, our commissaries, who will discuss with you in my behalf +what you should know of it; therefore I command and charge you that, +placing entire faith and credence in them, you shall execute this as +I wish, and that you shall in all this business have the watchfulness +I expect from you, so that the said demarcation be established justly +and truly. Burgos, May 7, 1524. I the King. By command of his Majesty: +Francisco de los Cobos. + + + + +The Treaty of Zaragoza + + +[This treaty was negotiated at Zaragoza (Saragossa) between the +representatives of the Spanish and Portuguese monarchs, and signed +by them April 22, 1529. It was ratified the following day by Carlos +I at Lerida, and by Joao III, at Lisboa (Lisbon), June 20, 1530. The +usual letters of authorization precede the treaty proper, the Spanish +letter being given at Zaragoza, April 15, 1529, and the Portuguese +at Lisboa, October 18, 1528. The Spanish deputies were: Mercurio de +Gatinara, count of Gatinara, and grand chancellor; Fray Garcia de +Loaysa, [197] bishop of Osma and confessor of the emperor; and Fray +Garcia de Padilla, commander-in-chief of the order of Calatrava, +[198] all three members of the emperor's council. The Portuguese +deputy was the licentiate Antonio de Azevedo _coutino_, member of +the Portuguese council and the King's ambassador. The treaty follows:] + +After said authorizations were presented by the said representatives +it was declared that: inasmuch as there existed a doubt between +the said Emperor and King of Castilla, etc., and the said King of +Portugal, etc., concerning the ownership, possession, and rights, +or possession or quasi possession, navigation, and trade of Maluquo +and other islands and seas, which each one of the said lords, the +emperor and king of Castilla and the King of Portugal declares as his, +both by virtue of the treaties made by the most exalted, powerful, and +Catholic sovereigns, Don Fernando and Dona Isabel, rulers of Castilla, +grandparents of the said emperor and the King, Don Joam the Second +of Portugal (may they rest in glory) about the demarcation of the +Ocean Sea and by virtue of other rights and privileges which each +one of the said emperor and monarchs asserts to belong and pertain +to said islands, seas, and lands belonging to him of which he is in +possession; and inasmuch as the said emperor and monarchs considering +the very close relationship and great affection existing between them, +and which, not only should very rightly be preserved, but as far +as possible be increased; and in order to free themselves from the +doubts, complaints, and disputes that might arise between them, and +the many troubles that might ensue among their vassals and subjects +and the natives of their kingdoms; the said emperor and monarchs and +the said attorneys acting in their names, have covenanted and agreed +as to the said doubts and disputes in the following form and manner: + +First, the said grand chancellor, the bishop of Osma and the +commander-in-chief of Calatrava, attorneys of the said emperor and +sovereign of Castilla declared that they, in his name, and by virtue +of their said power of attorney would sell and in fact did sell from +this day and for all time, to the said King of Portugal, for him and +all the successors to the crown of his kingdoms, all right, action, +dominion, ownership, and possession or quasi possession, and all +rights of navigation, traffic, and trade in any manner whatsoever; +that the said emperor and king of Castilla declares that he holds and +could hold howsoever and in whatsoever manner in the said Maluquo, +the islands, places, lands, and seas, as will be declared hereafter; +this, with the declarations, limitations, conditions, and clauses +contained and stated hereunder for the sum of three hundred and fifty +thousand ducats of gold, paid in the current money, of gold or silver, +each ducat being valued in Castilla at three hundred and seventy-five +maravedis. The said King of Portugal will give and pay this amount to +the said emperor and king of Castilla, and to the persons whom his +majesty may appoint, in the following manner: one hundred and fifty +thousand ducats to be paid at Lixbona, within the first fifteen or +twenty days after this contract, confirmed by the said emperor and +king of Castilla, shall have arrived at the city of Lixboa, or wherever +the said King of Portugal may be; thirty thousand ducats to be paid in +Castilla--twenty thousand at Valhadolid and ten thousand at Sevilla, +by the twentieth day of the month of May of this present year; seventy +thousand ducats to be paid in Castilla at the May fair of Medina del +Campo of this same year, at the terms of the payments of said fair; +[199] and the hundred thousand ducats remaining at the October fair +at the said town of Medina del Campo of this same year, at the terms +of the payment of the same--all to be paid over and above the rate of +exchange. If necessary, notes will be given for the said time; and, +if said emperor and King of Castilla wishes to take in exchange the +said hundred thousand ducats at the said May fair of this said year +in order to avail himself of their use, he shall pay the said King +of Portugal exchange at the rate of five or six per cent, the rate +which his treasurer, Hernand Alvarez, is accustomed to exact from fair +to fair. The aforesaid sale is made by the said emperor and king of +Castilla to the said King of Portugal on condition that, at whatever +time the said emperor and king of Castilla or his successors, should +wish to return, and should return, all of the said three hundred +and fifty thousand ducats without any shortage to the said King of +Portugal or his successors, the said sale becomes null and void and +each one of the said sovereigns shall enjoy the right and authority +which he now holds and claims to hold, both as regards the right of +possession or quasi possession, and as regards the proprietorship, +howsoever and in whatever manner they belong to him, as if this +contract were not made, and in the manner in which they first held +possession and claimed to hold it, and this contract shall cause no +prejudice or innovation. _Item_: It is covenanted and agreed by the +said attorneys, in the names of their said constituents, that, in order +to ascertain what islands, places, lands, seas, and their rights and +jurisdiction, are sold, henceforth and forever, by the said emperor +and king of Castilla, by this contract under the aforesaid condition, +to the said King of Portugal, a line must be determined from pole to +pole, that is to say, from north to south, by a semicircle extending +northeast by east nineteen degrees from Maluquo, to which number +of degrees correspond almost seventeen degrees on the equinoctial, +amounting to two hundred and ninety-seven and one-half leagues east of +the islands of Maluquo, allowing seventeen and one-half leagues to an +equinoctial degree. In this northeast by east meridian and direction +are situated the islands of Las Velas and of Santo Thome, through +which the said line and semicircle passes. Since these islands are +situated and are distant from Maluquo the said distance, more or less, +the deputies determine and agree that the said line be drawn at the +said two hundred and ninety-seven and one-half leagues to the east, +the equivalent of the nineteen degrees northeast by east from the said +islands of Maluquo, as aforesaid. The said deputies declare that, in +order to ascertain where the said line should be drawn, two charts of +the same tenor be made, conformable to the chart in the India House +of Trade at Sevilha, and by which the fleets, vassals and subjects +of the said emperor and king of Castilla navigate. Within thirty +days from the date of this contract two persons shall be appointed +by each side to examine the aforesaid chart and make the two copies +aforesaid conformable to it. In them the said line shall be drawn in +the manner aforesaid; and they shall be signed by the said sovereigns, +and sealed with their seals, so that each one will keep his own chart; +and the said line shall remain fixed henceforth at the point and place +so designated. This chart shall also designate the spot in which the +said vassals of the said emperor and king of Castilla shall situate +and locate Maluquo, which during the time of this contract shall be +regarded as situated in such place, although in truth it is situated +more or less distance eastward from the place that is designated in +the said charts. The seventeen degrees eastward shall be drawn from +the point where Maluquo is situated in said charts. For the good of +this contract the said King of Portugal must have said chart, and in +case the aforesaid be not found in the House of Trade of Sevilha, +the said persons appointed by the said sovereigns shall make said +charts within one month, signed and sealed as aforesaid. Furthermore +navigation charts shall be made by them, in which the said line shall +be drawn in the manner aforesaid, so that henceforth the said vassals, +natives, and subjects of the said emperor and king of Castilla shall +navigate by them; and so that the navigators of either pa shall be +certain of the location of the said line and of the aforesaid distance +of the two hundred and ninety-seven and one-half leagues between the +said line and Maluquo. + +It is covenanted and agreed by the said deputies that, whenever +the said King of Portugal should wish to prove his right to the +proprietorship of Maluco, and the lands and seas specified in this +contract, and although at that time the said emperor and king of +Castilla shall not have returned the price abovesaid, nor the said +contract be canceled, it shall be done in the following manner, namely, +each one of the said sovereigns shall appoint three astrologers +and three pilots or three mariners who are experts in navigation, +who shall assemble at a place on the frontier between the kingdoms, +where it shall be agreed that they assemble, within four months of the +time when the emperor and king of Castilla, or his successors, shall +be notified by the said King of Portugal to appoint a day. There they +will consult, covenant, and agree upon the manner of ascertaining the +right of said proprietorship conformable to said treaty and contract +made between the said Catholic sovereigns, Don Fernando and Dona +Isabel, and the said King Dom Joam the Second of Portugal. In case +the said emperor and king of Castilla be judged to have the right +of said proprietorship, such sentence will not be executed nor used +until the said emperor and king of Castilla or his successors shall +first have actually returned all the said three hundred and fifty +thousand ducats, which by virtue of this contract shall have been +given. If the right of proprietorship be conceded to the said King +of Portugal, the said emperor and king of Castilla or his successors +shall be obliged actually to return the said three hundred and fifty +thousand ducats to said King of Portugal or his successors within +the first four years ensuing after the date of such sentence. + +_Item_: It was covenanted and agreed by said deputies, in the names +of their said constituents, that, since this contract of sale shall +be valid and hold good henceforth from date, if any spices or drugs +of any sort whatever be brought to any ports or parts of the kingdoms +and seigniories of either of the said constituents, in charge of the +vassals, subjects or natives of the kingdoms of the said emperor and +king of Castilla or by any other persons whomsoever who may not be +vassals, subjects, or natives of said kingdoms, then the said emperor +and king of Castilla in his kingdoms and seigniories, and the said King +of Portugal in his, shall be obliged to order and cause, and they shall +order and cause, the said spices or drugs to be deposited securely, +without him to whose kingdom they have been brought being so notified +to do so by the other side; but they shall be deposited in the name +of both, in the power of the person or persons whom each one of the +said sovereigns shall have ordered to take charge of said deposit +in his lands and seigniories. The said sovereigns shall be obliged +to order and cause such deposit to be made in the manner abovesaid, +whether the said spices or drugs are found in the possession of those +who brought them, or in the power of any other person or persons, in +whatsoever regions or districts they shall have been found. The said +emperor and kings shall be obliged to give notification to this effect +henceforth throughout all their kingdoms and seigniories, so that these +instructions may be complied with and no one may plead ignorance of +them. The said spices or drugs having been taken to any ports or lands +that do not belong to either one of said sovereigns, provided they are +not those of enemies, either one of them, by virtue of this contract, +may require, in the name of both, and without showing any further +provision or power of the other to the justice of the kingdoms and +seigniories where said drugs or spices happen to be or to have been +found, and they may order them to be deposited, and they shall be +deposited. In whatsoever ports said drugs or spices are thus found, +they will be under embargo and deposited by both until it is known from +whese demarcation they were taken. In order to ascertain if the places +and lands from which the said spices or drugs are taken and brought, +fall within the demarcation and limits which by this contract remain +to the said King of Castilla, and if they contain the said spices or +drugs, the said emperor and kings shall despatch two or four ships, +an equal number being sent by both. In these an equal number of persons +from both sides, sworn to fulfil their obligation, will sail to those +places and lands whence the said spices or drugs were said to have +been taken and brought in order to ascertain and determine within +whose demarcation are situated the said lands and places whence the +said spices or drugs are said to have been brought. Should it be found +that said places and lands are within the demarcation of the said +emperor and king of Castilla, that the said spices and drugs exist +there in such quantity that they could reasonably be carried away; +then the said deposit shall be given up and freely delivered to the +said emperor and king of Castilla, without his being obliged to pay +any costs, expenses, interests, or any other thing. If, on the other +hand, it be discovered that said drugs or spices were taken from the +districts and lands belonging to the said King of Portugal, the said +deposit shall be ceded and delivered in like manner to the said King +of Portugal without his being obliged to pay any costs, expenses, +interests, nor anything whatsoever. The persons who thus imported said +drugs or spices shall be penalized and punished by the said emperor and +king of Castilla or by his justices, as violators of peace and faith, +according to law. Each one of the aforesaid, the emperor and king of +Castilla and the King of Portugal, shall be obliged to send as many +ships and persons as may be required by the other. As soon as the +said spices or drugs shall be deposited and placed under embargo in +the manner aforesaid, neither the said emperor and king of Castilla, +nor his agents, nor any one with his favor or consent, shall go or +send to the said land or lands whence were taken the said drugs or +spices in this manner. All that is set forth in this section about +the deposit of the spices or drugs, shall not be understood to refer +to the spices or drugs which may come to any places whatsoever for +the said King of Portugal. + +_Item_: It is covenanted and agreed, that, in all the islands, lands, +and seas within the said line, the vessels and people of the said +emperor and king of Castilla or of his subjects, vassals or natives of +his kingdom, or any others (although these latter be not his subjects, +vassals, or natives of his kingdoms) shall not, with or without his +command, consent, favor, and aid, enter, navigate, barter, traffic, +or take on board anything whatsoever that may be in said islands, +lands, or seas. Whosoever shall henceforth violate any of the aforesaid +provisions, or who shall be found within said line, shall be seized by +any captain, captains, or people of the said King of Portugal and shall +be tried, chastised and punished by the said captains, as privateers +and violators of the peace. Should they not be found inside of said +line by the said captains or people of the said King of Portugal and +should come to any port, land, or seigniory whatsoever of the said +emperor and king of Castilla, the said emperor and king of Castilla, +by his justices in that place, shall be obliged and bound to take +and hold them. In the meantime the warrants and examinations proving +their guilt in each of the abovesaid things, shall be sent by the said +King of Portugal, or by his justices, and they shall be punished and +chastised exactly as evil-doers and violators of the peace and faith. + +_Item_: It is covenanted and agreed by said deputies that the said +emperor and king of Castilla shall not, personally or through an +agent, send the natives of his kingdoms, his vassals, subjects, or +aliens (and although these latter be not natives of his kingdoms, +or his vassals or subjects), to the said islands, lands, and seas +within said line, nor shall he consent nor give them aid or favor +or permit them to go there, contrary to the form and determination +of this contract. Rather he shall be obliged to forbid, suppress, +and prevent it as much as possible. Should the said emperor and +king of Castilla, personally or through an agent, send natives of +his kingdoms, or his vassals, subjects or aliens (although these +latter be not natives of his kingdoms, or his vassals or subjects), +to the said islands, lands, or seas within the said line or consent +to such a thing, giving them aid, or favor, or permitting them to +go contrary to the form and determination of this contract; and +should he not forbid, suppress, or prevent it, as much as possible, +the said agreement of _retro vedendo_ becomes null and void; and the +said King of Portugal shall no longer be obliged to receive the said +sum, nor to sell back the rights and dominion which the said emperor +and king of Castilla might have therein in any manner whatsoever, +but which he has sold, renounced and delivered to the said King +of Portugal by virtue of this contract, by this very act, the said +sale shall remain complete and valid forever, as if at first it were +made without condition and agreement to sell back. However, since +it may happen that, when the aforesaid subjects, natives, or vassals +of the said emperor and king of Castilla navigating as aforesaid in +the southern seas, should meet with winds so tempestuous or contrary +that they would be constrained by necessity to continue their course +and navigation within the said line, they shall in such case incur no +penalty whatever. On the contrary, when, in such circumstances, they +shall come to and anchor at any land included within the said line, +pertaining by virtue of this contract to the said King of Portugal, +they shall be treated by his subjects, vassals, and inhabitants of +said land as the vassals of his brother, as in the same manner the +emperor and king of Castilla would command the Portuguese subjects to +be treated who should in like manner arrive at ports in his lands of +Nueva Espana or in any other of his ports. It is understood, however, +that, when such necessity ceases, they shall immediately set sail +and return to their part of the southern seas. Should the aforesaid +subjects cross said line through ignorance, it is herein covenanted and +agreed that they shall incur on that account no penalty whatsoever, +and as long as it is not fully evident that they know themselves to +be within the said line, they shall not turn about and go outside of +it, as is covenanted and agreed in case of entering on account of +tempestuous and contrary winds or necessity. But, when such a fact +is quite evident, if it shall be proved that they have entered the +line maliciously, they shall be punished and dealt with as those +who shall enter the line as aforesaid and as is set forth in this +contract. Should the aforesaid discover any islands or lands, while +navigating within the said line, such islands or lands shall belong +freely and actually to the said King of Portugal and his successors, +as if they were discovered, found, and taken possession of by his own +captains and vassals, at such time. It is covenanted and agreed by said +deputies that the ships and vessels of the said emperor and king of +Castilla and those of his subjects, vassals, and the natives of his +kingdoms, may navigate and pass through the seas of the said King of +Portugal, whence his fleets sail for India, only as much as may be +necessary to take a due course toward the strait of Magalhanes. And +if they violate the abovesaid, and sail farther over the said seas +of the said King of Portugal than is mentioned above, both the said +emperor and king of Castilla, if it is proved that they did it by +his order, countenance, aid, or consent, and those sailing in this +manner and violating the abovesaid, shall incur the above penalties, +in the completeness set forth above in this contract. + +_Item_: It was covenanted and agreed that if any of the subjects of +the said emperor and king of Castilla or any others shall henceforth +be seized and found within the said limits above declared, they shall +be imprisoned by any captain, captains, or subjects whatsoever of the +said King of Portugal and shall be tried, chastised, and punished +as privateers, violators, and disturbers of the peace by the said +captains. Should they not be discovered within the said line, and +should afterwards come to any port whatever of the said emperor and +king of Castilla, his majesty and his justices shall be obliged to +seize and imprison them, until the warrants and testimonies sent by the +said King of Portugal, or his justices, shall have been presented. If +proved guilty of the aforesaid offenses they shall be punished and +chastised to the limit as evil-doers and violators of the faith and +peace, and of everything else set forth in this contract in regard to +the crossing of said line by any subjects of the said emperor and king +of Castilla, or any others by his command, consent, favor, or aid. It +is understood that these penalties shall apply from the day when the +subjects and people of the said Emperor now in and navigating those +seas and regions shall be notified. Before such notification they +shall not incur said penalties. It is to be understood, however, that +the aforesaid refers to the people of the fleets of the said Emperor, +which have until now gone to those parts and that no others be sent +without incurring said penalties from the day of the signing of this +contract, and henceforth during the time that the said sale be not +canceled in the aforesaid manner. + +_Item_: It was covenanted and agreed by the said deputies that the +said King of Portugal shall not build nor order built for himself, +or any other, any new fortress whatever in Maluco, nor within twenty +leagues of it, nor any nearer Maluco than the line which is to be +drawn according to this contract. It is covenanted unanimously by the +said deputies of both sides that this provision shall take effect, +namely, from the time that the said King of Portugal can send there +a notification to make no new fortress whatever; that is to say, in +the first fleet which shall sail for India from the said kingdom of +Portugal, after this contract shall have been confirmed and approved +by the said constituents, and sealed with their seals. There shall be +no new work whatsoever undertaken on the fortress which is already +built at Maluquo, from the said time henceforth; it shall only be +repaired and kept in the same condition in which it may be at the +aforesaid time, if the said King of Portugal so desires; to the above +he shall swear and promise full compliance. + +_Item_: It was covenanted and agreed that the fleets, which heretofore +have been despatched to those regions by the said emperor and king of +Castilla, be well treated in every way, by the said King of Portugal +and his people; and that no embargo or obstacle to their navigation or +traffic be imposed upon them. If there should be any damage, which is +not looked for however, which they shall have received or shall receive +from his captains or people, or shall anything have been seized from +them, the said King of Portugal shall be obliged to give satisfaction, +restore, make good and pay immediately all such damages suffered by +the said emperor and king of Castilla, and his subjects and fleets; +he shall order the offenders to be punished and chastised and he shall +allow the fleets and people of the said emperor and king of Castilla +to come and go as they please, freely without any obstacle whatever. + +_Item_: It is covenanted that the said emperor and king of Castilla +command letters and instructions to be given immediately to his +captains and subjects who are in the said islands that they do no more +trading henceforth and return at once, provided that they be allowed +to bring freely whatever goods they shall have already bartered, +traded, and taken on board. + +_Item_: It is covenanted, agreed, and provided that in the instructions +and letters relating to this covenant and contract, which are to +be given and despatched by the said emperor and king of Castilla, +it shall declare that this statement, instruction, and contract as +above made is as binding as though it were made and passed in the +general courts, with the express consent of the attorneys thereof; +and to make it valid by his royal and absolute power, which, as king +and natural lord, recognizing no temporal superior, he may exercise and +shall exercise, abrogate, abolish, repeal, and annul the supplication +made by the attorneys of the cities and towns of these kingdoms at +the court held in the city of Toledo, in the past year, five hundred +and twenty-five, concerning the trade of the said islands and lands, +the reply given to it, and any law that was made on this subject in +the said courts or in any others that may conflict with this. + +_Item_: It is hereby covenanted that the said King of Portugal promises +to command manifest, sincere, and summary justice to be executed, +because certain subjects of the said emperor and king of Castilla and +other aliens of his kingdoms who entered his service complain that +their possessions have been seized by his House of Trade in India +and in his kingdoms, without any respect to the annoyance caused +them thereby, because they have entered the service and did serve +the said Emperor. + +_Item_: It was covenanted and agreed by the said deputies in the +names of their said constituents that the treaties negotiated between +the said Catholic sovereigns, Don Fernando and Dona Ysabel and the +King Dom Joam the Second of Portugal in regard to the demarcation of +the Ocean Sea shall remain valid and binding _in toto_ and in every +particular, as is therein contained and declared, excepting those +things which are otherwise covenanted and agreed upon in this contract +In case the said emperor and king of Castilla returns the sum which +according to this contract is to be given in the manner aforesaid, +thus canceling the sale, the said treaties negotiated between the said +Catholic sovereigns Don Fernando and Dona Ysabel and the said King Dom +Joam the Second of Portugal, shall remain in full force and power, +as if this contract were not made; and the said constituents shall +be obliged to comply with it in every respect, as is therein stated. + +_Item_: It is covenanted and agreed by the said attorneys that +although the rights and dominion which the said emperor and king +of Castilla claims to possess in the said lands, districts, seas, +and islands and which he sells to the said King of Portugal in the +manner abovesaid are worth more than half of the just price given, and +the said emperor and king of Castilla has certain definite knowledge +through exact information of persons who are experts on the subject, +and who have investigated and ascertained definitely, that said rights +are of much greater value and worth, more than half of the just price +that the said King of Portugal gives to the said emperor and king of +Castilla he is pleased to make him a gift of it, as he does in fact, +which from the said day henceforth shall be valid between the living, +of the said excess in value above the half of the just price, however +great that excess may be. This excess in value above the half of +the just price, the said emperor and king of Castilla relinquishes +for himself and his successors, and disunites the same from the royal +crown of his kingdoms forever, and delivers it entire to the said King +of Portugal, to him and to his successors and crown of his kingdoms, +really and effectually, in the aforesaid manner, and during the time +of this contract. + +[The treaty provides further that he who may violate its provisions in +any way, shall lose all his rights therein, and shall in addition pay +a fine of two hundred thousand ducats to the other. The Pope is to be +asked to confirm it by a bull, imposing the penalty of excommunication +for its violation. The deputies promise most fully and under oath +that their respective constituents shall observe all the provisions.] + + + + +Papal Bull, _Eximiae_ + + +November 16, 1501 + +_Source_: See Bibliographical Data at end of this volume. + +_Translation_: By Rev. Thomas Cooke Middleton, O.S.A. + + + + +Bull, _Eximiae_--November 16, 1501 + + +Alexander, bishop, servant of the servants of God: to the Catholic +sovereigns of Spain--Ferdinand the king, dearest son in Christ, and +to Elizabeth [Isabella] the queen, dearest daughter in Christ, health +and Apostolic blessing. The sincerity of your great devotion and the +unswerving faith with which you honor us and the Roman Church merit, +and not unworthily, that your wishes, especially those relating to +the spread of the Catholic faith, and the overthrow of infidel and +barbarous nations, should be freely and promptly granted. Indeed, +on your behalf, a petition recently laid before us set forth that, +impelled by pious devotion for the spread of the Catholic faith, +you greatly desire--inasmuch as quite recently, and not without +great expense and effort on your part, you began and from day to day +continue to do more toward the capture and recovery of the islands +and regions of the Indies, to the end that in those lands wherever +any accursed belief obtains, the Most High should be worshiped and +revered; and inasmuch as for the recovery of the islands and regions +aforesaid, it will be incumbent upon you to incur heavy expenses and +undergo great perils, it is expedient that for the conservation and +maintenance of the said islands, after their capture and recovery +by you, and for the defraying of the expenses necessary for the +conservation and maintenance of the same,--you should be empowered +to exact and levy tithes [200] on the inhabitants of the aforesaid +islands and dwellers therein for the time being. On this account +we have been humbly petitioned on your behalf to deign through our +apostolic graciousness to make in the premises suitable provision for +you and your state. Therefore yearning most eagerly for the spread +and increase of that same faith particularly in our own days, we +commend in the Lord your loving and praiseworthy purpose, and being +favorably disposed thereto we hereby through our apostolic power in +virtue of these presents do as a special favor grant to you and your +successors for the time being that in the aforesaid islands after their +capture and recovery (as observed) you may receive a tithe from the +inhabitants thereof and the dwellers therein for the time being, and +levy the same freely and lawfully, providing after dioceses shall there +be established (whereon we charge your consciences as well as your +successors'), you first from your own and their estate shall really +and effectively devise a sufficient revenue for the establishment of +churches in those islands through you and your aforesaid successors, +whereby the incumbents of the same and their administrators may +support themselves suitably, carry on the necessary work of those +churches for the time being, as well as celebrate rightly the divine +worship of Almighty God, and fulfil all diocesan requirements. The +Lateran Council, other apostolic constitutions and ordinances or other +decrees, to the contrary notwithstanding. Let no one then infringe this +our grant, nor dare with rashness to contravene its provisions. But +should any one presume to set it at naught, let him recognize that +he has thereby incurred the displeasure of Almighty God, and of the +Blessed Apostles Peter and Paul. Given at Rome at St. Peter's, in the +year of the incarnation of our Lord one thousand five hundred and one, +the sixteenth day of November, the tenth year of our Pontificate. + +[The signatures and authorizations follow.] + + + + +Life and Voyage of Fernao de Magalhaes--1518-27 + + + +[Resume of contemporaneous documents--1518-27.] +Letter of authorization to Falero and Magallanes--March 22, 1518. +*Carta de el-rei de Castella para El-rei D. Manuel--February 28, 1519. +Instructions to Juan de Cartagena--April 6, 1519. +*Carta de rei de Castella a Fernando de Magalhaes e a Ruy Falero--April +19, 1519. +*Extracto de una carta de las Indias--1522. +De Molvccis Insulis: Maximilianus Transylvanus--1523. + + +_Sources_: See Bibliographical Data at end of this volume. + +_Translations_: The first and the fifth of these documents are +translated by James A. Robertson; the second and fourth by Jose +M. Asensio; the third by Francis W. Snow; the sixth by Frederic +W. Morrison; for the last, we use the translation made by the late +Henry Stevens (published in his _Johann Schoener_.) + +* Documents marked by an asterisk are here presented in both the +original text and English translation. + + + + +Resume of Contemporaneous Documents--1518-27 + + +[_Prefatory Note_: The scope of the present series does not demand the +publication _in extenso_ of many documents on this subject. Those who +wish to study it in detail will find abundant material in volume iv +of the _Coleccion de viages_ published by Navarrete (Madrid, 1829); +we present only a brief resume of these documents, inserted here to +preserve the continuity of our narrative, and to indicate to students +the extent and scope of such material. [201] + +Navarrete precedes these documents by a brief and somewhat imperfect +summary of early discoveries; a biographical sketch of Magalhaes, +with proofs, citations, etc., by way of authentication thereof--these +citations being drawn from the authors Fray Antonio de San Roman, +Herrera, Gomara, Munoz, Quintana, Barros, Maximilianus Transylvanus, +Argensola, and others; a letter by Ruy Falero; extract from Magalhaes's +will; [202] a memorandum addressed by him to the emperor; [203] and +a compilation from early authors and from the documents that follow, +giving full citations of authorities. The documents here mentioned +are given by Navarrete in the appendix to volume iv, at pp. 110-406; +some of them have been already presented in connection with the Line +of Demarcation.] + +Valladolid, February 23, 1518. Rui Faller (Ruy Falero) and Fernando +Magallanes, [204] both Portuguese, bind themselves to deliver to +the factor of the India House of Trade at Seville the eighth part +of everything they may find in their discoveries in the spice +regions. This is promised in the following words: "Know all ye +who shall see this public testament that we, Rui Faller, citizen +of Cunilla, in the kingdom of Portugal, and Fernando de Magallanes, +citizen of the city of Puerto [Oporto], in the same kingdom, consent, +make manifest, and declare that, inasmuch as it has been agreed +between us, as parties of the first part, and you, Juan de Aranda, +Factor for the King, our Lord, and citizen of the city of Burgos, in +the House of Trade of the Indies of the city of Sevilla, as party of +the second part, that of all gain and income pertaining to us from the +discovery of lands and islands (which if God wills we are to discover +and find in the lands, limits, and demarcations of our Master the +King, Don Carlos) you shall have the eighth part. And we shall give +this to you from all the income and gain accruing to us therefrom, +whether in money, allotment, or rent, or by virtue of our office, or +in anything else whatever, of whatever quantity and quality, without +any shortage, and without deducting or excepting anything whatever +of our possessions." They promise this in extended terms and under +oath. The factor approves the document and promises to abide by all +its provisions. (No. i, pp. 111-113.) + +March, 1518. The same two men in an unsigned document petition the +king on various matters connected with the proposed expedition. To +each section is appended the monarch's objections, approbations, +or other remarks. + +1. That no permit be given for ten years to any other person to make +an expedition of discovery in those regions "where we are about to +go, ... if we desire to undertake such discovery, with as sufficient +equipment and as many ships as the other;" and that they be informed +of such tentative expeditions, so that they may go themselves or +commission agents. + +2. That they receive the twentieth part of all profits after +expenses are paid, with the title of admiral, and the governorship +for themselves and heirs of all lands discovered. + +3. That they be allowed to employ in the newly-discovered lands as +they see fit, one thousand ducats worth of merchandise (first cost) +each year, giving to the king the twentieth part, without other rights +or taxes. + +4. That they be allowed to choose for themselves two islands, if the +number discovered exceeds six, giving to the crown ten per cent of +all profits therefrom. + +5. That one-fifth of all net profits derived from the expedition be +allotted them on its return, and that each year they may carry one +hundred quintals' weight of merchandise in any ship sailing from +those regions. + +6. That the twentieth part of all profits accruing from the royal +ships or any others be given them for ten years. + +7. That if his Highness undertake at his cost the armament of the +fleet, they promise to prove to him the vast wealth of the lands and +islands that will be discovered within his dominions. + +8. That if one of them die on the expedition the other, or his heirs +and successors, be ordered to fulfil everything as if both were living. + +9. That the king order the strict observance of the above. + +If the king prefers them to assume the expenses of the expedition +they propose the following: + +1. That all the lands and islands discovered by them or their agents +belong to them "with all traffic, seigniory, and government," giving +to the crown one-fifth of all net profits. + +2. That no other ships, either of the king or any other person, +be allowed to trade in such lands, under penalty of confiscation by +the petitioners. + +3. That no other commissions for expeditions of discovery be given +for ten years. + +4 and 5. Provision in case of death, and provision for +fulfilment. (No. ii, pp. 113-116; _vide infra,_ "Instructions to +Carthagena," p. 280.) + +Zaragoza, July 20, 1518. The King writes to the officials of the +House of Trade, approving the contemplated expedition, and regarding +the expenditures of moneys and the fitting out of the fleet. [205] +(No. v, pp. 122, 123.) + +October 24, 1518. Magallanes writes the king enumerating and amplifying +certain information and requests concerning the fleet, contained in +a letter written by him to his majesty on the fifteenth of the same +month. This letter had been despatched by a post sent by the House of +Trade. Besides giving a full account of the preparations of the fleet, +[206] it begs that the balance of the 16,000 ducats, "without which we +cannot finish" be provided; and that the 5,400 ducats lacking be taken +from the 11,000 ducats in the house. He asks also an increase of the +3,000 ducats for merchandise, "since the profits accruing therefrom +might be twenty-fold, estimating conservatively; and therefore I +desired all the gain to be your Highness's." Also, he asks that the +officials pay for the armament, weapons, and powder of the fleet, +which have been paid out of the 16,000 ducats, but which the king was +to provide. He complains of the antagonism of the officials at Seville, +relating a serious conflict that had taken place two days before. He +had caused his banners, bearing his arms to be flung from one of the +vessels. The Spaniards, incited thereto, claimed that they were those +of the King of Portugal, and attempted to arouse sentiment against him +and cause his arrest. This evil treatment, in which he did not receive +the aid and countenance of the officials, he says, was not done to him +"as Fernando de Magallanes, but as your highness's Captain." [207] +(No. vii, pp. 124-127.) + +March 30, 1519. By a royal decree Luis de Mendoza is appointed +treasurer of the fleet, and 60,000 maravedis are assigned as his +annual salary during the voyage. Juan de Cartagena is appointed +inspector-general, "and he shall exercise the duties of that trust +in accordance with the instructions [_q. v. post_] given him under +the King's signature." He is to receive "70,000 maravedis from the +time of the departure of the fleet from Spain until its return." The +latter is also appointed "Captain of the third ship of the fleet of +Fernando Magallanes and Rui Falero," "with an annual salary of 40,000 +maravedis." (Nos. viii-x, [208] pp. 127, 128.) + +April 6, 1519. Gaspar de Quesada is appointed "Captain of the fourth +or fifth ship of the fleet in the expedition of discovery of the +spice regions, and Antonio Coca accountant, who shall have account of +everything contained in the ships, giving note of everything to the +Treasurer." The latter is to receive 50,000 maravedis a year. (Nos. xi, +xii, pp. 128, 129.) [209] + +Barcelona, May 5, 1519. A letter from the king to the "officials of +the House of Trade of the Indies" states that there are to be two +hundred and thirty-five men [210] in the fleet, and orders, "because +calculation would have to be made for them in the provisioning and +in other things, if there were a greater number," "that they do not +allow, or give place in the said fleet, for any reason whatsoever, +for more than the two hundred and thirty-five men." They may even +specify a less number if it seems expedient. "All the seamen who +sail in the said fleet shall be received under the supervision of +our Captain Fernando de Magallanes, as he is the most experienced in +such things." Full declarations in writing must be made of the route +to be followed and a copy shall be given to each pilot. The officials +are ordered to buy from Magallanes the excess of powder, arms, etc., +that has been provided for the fleet, "since it can be used in other +things," paying him what it cost. (No. xiii, pp. 129, 130.) + +Barcelona, May 8, 1519. The instructions given to Magallanes and Falero +discuss more or less fully such points as the method and manner of +navigation (information as to routes given to the other captains +and pilots, method of signaling at night, and manner of procedure +in case the vessels become separated); treatment of natives found, +treatment of other vessels found trading in these spice regions, +"within our demarcation," such treatment differing if the vessels are +those of Christians or of Moros (Mahometans); ransoms and exchange +of prisoners; trade with the natives; division of prize-money; +reprovisioning the ships; giving of rations; keeping of accounts; +regulations concerning firearms; penalties for disobedience to the +captain-general; the taking of oaths; morals; discoveries; weights +and measures in trading; deaths of officers of the fleet, and the +cargo. Above all, the domains and demarcation of the Portuguese +monarch must be respected. The exact location of all lands must be +noted, and if these are inhabited they are to "try to ascertain if +there is anything in that land that will be to our interest." The +natives must be well treated, in order that food and water may be +obtained. When the land of spices is reached "you will make a treaty +of peace or trade with the king or lord of that land." As high a +valuation as possible is to be placed on the articles traded from the +ships. The inspector-general and accountant shall note everything +in their books. Other vessels found in the spice regions shall, if +Christians, be warned not to trade further without permission, under +penalty of seizure and confiscation of property; if Moros, "not of +the lands of our demarcation, you shall seize them in fair war," and +the gold, etc., found in their ships must be noted carefully in the +books. Moros who may, by their rank, avail for ransom are to be well +treated, but they may be sold as slaves. If Moros are found "who are +of our demarcation," they must be well treated; and a treaty must be +made, if possible, with their king or seignior. If they do not desire +peace, then the Castilians may exercise a certain amount of cruelty +against them to serve as a warning. Of the prize money or merchandise +of captured ships, certain percentages are to be given to all, these +portions varying. The King's share (one-fifth of the amount remaining, +after deducting certain sums that go to the captain-generals, and the +one-twentieth for the redemption of captives) is to be set apart for +him. One-fifth of what remains shall be given the captain-generals. The +remainder is to be divided into three parts, "of which two parts +are for us and the ships, and one for the crews." Of the latter, +ten parts are to be used for religious purposes. Good treatment is +to be accorded the natives in order that pleasant trade-relations may +be established. The physicians and surgeons are to take no money from +the natives for medical services, not even from their enemies who are +wounded in war. And the captain-generals must see that the men have +no intercourse with the native women. Entire freedom must be accorded +to every one to write what he pleases to Spain; and no letter must be +seized, under penalties to be imposed by the captain-generals. They +must guard against fire. In case of the death of any of the crew, +it is advisable to get slaves to fill their places. Rations are to be +given every two days, "and if it becomes necessary to shorten rations, +they shall be shortened." Dissatisfaction as to the length of the +voyage must not be expressed. The firearms are not to be discharged +on any newly-discovered land, "because the Indians fear this more than +anything else." No weapons shall be sold, under penalty of loss of all +property to the one so doing. Blasphemers, and card- and dice-players +are not to be allowed to ship with the crew. The captain-generals +have power to devise and execute punishments against disobedient men +of their crews. Oath shall be taken before the captain-generals by +all their crews to observe obedience and the King's service. If it is +necessary to seize water and provisions because of the hostility of +the natives, it shall be done, but with as little scandal and show of +force as possible. Samples of all products must be brought from the +lands discovered. "Ready-made clothes and other articles to give to +the kings and other princes of these lands shall be carried." "And if +the kings or seigniors of the land give any jewels or presents, they +shall be ours, and the inspector-general or accountant shall place +them in charge of the treasurer." No presents shall be given without +permission of the officers of the fleet. Everything traded must be +noted carefully and minutely in the books of the inspector-general +and accountant. If the return cargo is spice, it must be obtained as +clean as possible. The ships' cargoes must be traded first before +any private affairs are attended to. Full notices must be made in +the books regarding each member of the crew--his father and mother, +whether he is single or married, etc., in order that his heirs may be +known. Each person before embarking must have attended confession and +communion. In case any officer dies, another is to be elected in his +stead; but one-half of all the pay, etc., that would fall to the said +officer shall be given to his heirs, and the other half shall go to +the one taking his place. Any Portuguese or other Christians found in +the lands discovered must be treated well, in order to gain information +from them. "If by any chance you should meet ships from Portugal within +our limits, bid them quietly to leave the land, because in their own +requirements given by our very dear and well-loved uncle and brother, +it is forbidden to them to enter or discover in the lands and limits +belonging to us, and the same is forbidden to you by us." The cargoes +must be given up by such ships, if not peaceably, then by means of +force, provided "you can seize it without much loss to yourself." A +list is appended of the amount of freight that each one may take in +the vessels. A copy of these instructions is to be given to Juan de +Cartagena, the inspector-general. This document was copied from his +books by the secretary Joan de Samano in 1524. (No. xiv, pp. 130-152.) + +Seville, 1519. The officials of the house of trade show to Magalhaes +an order from the King (dated at Barcelona, July 26, 1519), "by which +his Highness orders that the commander Rui Falero remain behind and +not go as captain jointly with him in the fleet which his Highness +orders to be prepared for the spice regions; and also that the said +official judges name and appoint the stewards sailing in the said +fleet, and as secretaries of the ships of the said fleet shall go those +appointed by the said commander [Magalhaes] if they are natives [of +his kingdom]." Juan de Cartagena is appointed in Ruy Falero's place +as _conjunta persona_, and Francisco, brother of Ruy, is appointed +captain of one of the ships. Magalhaes says in his communication +to the officials of the House of Trade that he consents to Falero +remaining behind, provided the latter surrender to them and to him the +"elevations of east and west longitude, with all the rules accompanying +them, that they may remain in the said house and be kept in the +said fleet." He justifies, the first appointment of two Portuguese +stewards, both of whom he declares to be good and faithful men. "If +they should prove unfaithful then they shall be removed." As for his +Highness ordering that "no Portuguese seamen sail in the fleet," +these men had been accepted by the masters of the said ships, and +Magalhaes "received them as he did many other foreigners,--namely, +Venetians, Greeks, Bretons, French, German, and Genovese,--because, +at the time he took them, natives of these kingdoms were lacking." He +signifies his willingness to accept others in place of the Portuguese, +provided they make no extra expense. In regard to the order not to ship +Portuguese, if such a cause could be shown in the contract that he and +Falero made with the King at Barcelona he would keep it; but otherwise +he "would keep only the contract and instructions given to him in +Barcelona." He would not observe anything contrary to this contract, +even if ordered by the King and Council. That the King wishes no change +in the instructions is evident, because Juan de Cartagena has been +ordered not to make any innovation. Magalhaes notifies the officials +not to interfere with his taking the Portuguese who had shipped in +the fleet; the blame will be theirs if, now, when everything is in +readiness, they obstruct in any way the expedition. The officials +of the house of trade reply, asking Magalhaes to keep the commands +that have come from the king. Ruy Falero will give up all that is +needed. They believe that the two Portuguese stewards appointed by +Magalhaes are honest men; but it is against the king's orders to carry +men of that nation. Letters from the king are cited to the effect that +Magalhaes and Falero take only four or five Portuguese apiece. They +urge him to live up to these orders. (No. xvi, pp. 156-162.) + +September, 1519. On setting out upon his voyage Magalhaes leaves +for the king a memorandum of the latitudes and location of the +Spice Islands, and the shores and principal capes in the Castilian +demarcation, "because some time the Portuguese King may try to declare +that the islands of Maluco are within his demarcation." He bids the +king keep this memorandum carefully, for there may be a time when it +is necessary. (No. xix, pp. 188, 189.) + +On the nineteenth of April, 1520, while at port San Julian, Magalhaes +ordered an investigation of a petition presented by Alvaro de la +Mezquita, captain of the ship "San Antonio." The petition states +that on the first of April Gaspar de Quesada and Juan de Cartagena +appeared at Mezquita's ship, took him prisoner, and made themselves +masters of the vessel. Quesada refused to liberate the prisoner at +the request of the master, and checked the intended resistance of the +remaining officers and crew of the "San Antonio" by severely wounding +the master, Juan de Elorriaga and ordering the others disarmed. The +mate was taken prisoner, and carried to the "Concepcion." Antonio de +Coca, accountant of the fleet, was a party to the conspiracy. Juan de +Sebastian del Cano, master of the "Concepcion," was placed in command +of the captured vessel, which was put in a state of defense, all guns +being mounted in place. Mezquita asks for a thorough investigation of +this case, so that the fleet may be cleared of traitors. The charges of +wastefulness and cruelty preferred against him, he wishes examined; +and, if he is worthy of punishment, let it be administered. This +petition was presented on the fifteenth, and acknowledged on the +seventeenth. The testimonies were given before a notary on and after +April 19, and certified on the twenty-sixth. In the investigations the +depositions were taken of the chaplain of the fleet, and of the notary, +the pilot, a sailor, the boatswain, the steward, and the master of the +"San Antonio." In the main they are all alike, exonerating Mezquita +from all charges and condemning Quesada and his accomplices. On the +return to Seville of the "Victoria" (in which Mezquita was carried a +prisoner), these depositions were presented, through the efforts of +Diego Barbosa, to the alcalde-in-ordinary (May 22, 1523). (No. xx, +pp. 189-201.) + +Seville, May 12, 1521. The accountant Juan Lopez de Recalde writes to +the bishop of Burgos on this date of the arrival of the "San Antonio" +at the port of Seville, Las Muelas. The captain of the vessel now was +"Geronimo Guerra, a relative and servant of Cristobal de Haro, and +its pilot Esteban, a Portuguese." "They brought as prisoner Alvaro de +la Mezquita, eldest son of Magallanes's brother, who was appointed +captain of this said ship in place of Juan de Cartagena." Mezquita +was transferred to a prison on shore, at which Barbosa, "Magallanes's +father-in-law, showed much resentment, saying that he ought to be +set free and those who brought him imprisoned." The letter relates +the discord between Magalhaes and certain of the other officers of the +fleet; the imprisonment of Mezquita by Cartagena; the attempted mutiny; +the tragic deaths of Mendoza, the treasurer, and Quesada; and other +vigorous measures of Magalhaes in quelling the outbreak. He relates the +separation in the strait of the "San Antonio" from the other vessels, +and the determination of the men of this vessel to return to Spain, +notwithstanding the opposition of Mezquita. The latter coming to blows +with the pilot Esteban Gomez was arrested and "they came direct to this +port, eating three ounces of bread each day, because their provisions +had failed. In the judgment and opinion of those who have come, the +said Magallanes will not return to Castilla." (No. xxi, pp. 201-208.) + +A journal or log of Magalhaes's voyage was written by Francisco +Albo, covering the voyage from cape San Agustin in Brazil until the +"Victoria" [the first ship to circumnavigate the globe] returned +to Spain. The log begins November 29, 1519, and ends September +4, 1522. The entries are for the most part very brief. It shows +that the fleet sighted or touched at various points, among them "a +mountain shaped like a hat, which we called Monte Vidi, now corruptly +called Santo Vidio [today Montevideo], [211] and between it and Cape +Santa Maria... a river called the Patos River;" also, farther on, +"a very great river... Solis [today Rio de la Plata]." The record +for October 21-December 1, 1520, says: "On the twenty-first of +the said month we took the sun in fifty-two degrees at a distance +from land of five leagues. And there we saw an opening like a bay; +at its entrance toward the left was a long sandy point. The cape we +discovered before this point is called Cape Las Virgines. The point +of sand lies in fifty-two degrees of latitude and fifty-two and +one-half degrees of longitude. From this sand-point to the other +side is about five leagues. Inside this bay we found a strait of +about one league in width. From this entrance to the sand-point it is +straight east and west. On the left side of the bay is a large angle +in which are many sunken rocks. But as you enter you keep toward the +north, and as you enter the strait you go toward the southwest by a +mid channel. And as you enter you observe some shoals in front at a +distance of three leagues from the mouth, and afterward you will find +two sandy islets, and then the open channel, and you can doubtless +sail at will therein. Passing this strait we found another small bay, +and then another strait like unto the first. From one entrance to +the other the direction is east and west, and the strait runs from +the northeast to the southwest. After we had passed through the two +mouths or straits we found a very large bay, and some islands. In one +of the latter we anchored and took the altitude, which we found to be +fifty-two and one-third degrees. From this point we sailed southeast +and found a point to the left, at a distance from the first entrance +of about thirty leagues.... There are many turns in this strait, +and the mountains are very high and covered with snow. Afterward we +sailed northeast by east, passing many islands on the way. At the +farther end of the strait the coast turns northward. At the left we +saw a cape and an island, and we named them Cape Fermoso and Cape +Deseado. It lies in the same altitude as Cape Las Virgines, which is +the first point at the entrance. From the said Cape Fermoso we sailed +northeast, north, and north-northwest, for two days and three nights, +and on the next day we saw land ... and this land we saw the first +day of December." On the twenty-fourth of January, 1521, they find +an islet, which they name San Pablo. On the sixth of March two small +islands are sighted, and they see many small sails. A further note +of this same day says "The islands of the Ladrones are three hundred +leagues from Gilolo." March 16, they sight more islands, giving names +to two, Suluan and Yunagan--the first island of the archipelago of +San Lazaro [the Philippines]. They land successively at the islands +of Gada, Seilani, and Mazava, and pass by or anchor at Matan, Subu, +Baibai. "We left Subu sailing southeast ... between the Cape of Subu +and an island named Bohol; and on the western side of the Cape of Subu +is another island, by name, Panilongo, inhabited by blacks. This island +and Subu have gold and quantities of ginger.... We anchored at the +island of Bohol." Thus the log continues without date for some time, +the islands of Quipit, Quagayan, Poluan, and Borney being noted. At +the latter place in a brush with the natives, they seize a junk, +on which "was a son of the king of Luzon, which is a very large +island." The ship passes on through the Moluccas, which are named: +"Terrenate, Tidori, Mare, Motil, Maquiam, Bachian, Gilolo--these are +all that have cloves." On the fourth of May, 1522, the Cape of Good +Hope is founded. (No. xxii, pp. 209-247.) + +The cargo of cloves brought by the "Victoria" amounted to three +hundred and eighty-one sacks, with a net weight of five hundred +and twenty-four quintals, twenty-one and one-half libras. This was +delivered to Cristobal de Haro, through an agent, in accordance with +a royal decree of October 10, 1522. The cargo also contained other +spices, and a feather ornament, besides the private stores. (No. xxiii, +pp. 247, 248.) + +October 18, 1522. Certain questions are to be put to those coming +in the "Victoria." These included: the cause of the discord between +Magalhaes and Cartagena and others; the reason for the capture and +killing of Mendoza, and if any reward were promised to Espinosa for +killing him; the reason for Magalhaes's abandonment of Cartagena +and the ecclesiastic, and if he acted right toward Quesada, Mendoza, +and others; whether the punishments were meted out for the purpose +of putting the Portuguese accompanying him, and who were kin to him, +in command of the ships; the reason for Magalhaes's long delays +in various ports, thus wasting provisions and losing valuable time; +questions affecting trade; as to the manner in which Magalhaes met his +death from the Indians, and why some say he died in another manner; +those who were left behind at the island where Magalhaes had been +killed, and whether they could be rescued. Answers are given to these +questions by Juan Sebastian Del Cano, captain, Francisco Albo, pilot, +and Fernando de Bustamente, barber, all of the "Victoria." (No. xxv, +pp. 285-294.) + +The expedition begun by Magalhaes made treaties of peace with various +petty kings or governors among the islands. One was made with the +seignior of Poluan, a vassal of the king of Borneo. The interpreter +in this treaty was "a Moro who was seized in the island of the king +of Lozon and knew some Castilian." Presents were made to seal the +peace. Treaties were made also in Tidori, Cebu, and Gilolo. (No. xxvii, +pp. 295-298.) + +1523. Diego de Barbosa presents a memorandum to the king regarding some +events of Magalhaes's voyage, and the methods for trading in the spice +regions. He cites the memorandum left by the latter on his departure +from Seville in 1519. He adds "And now, ... I believe that the time +has come when this must be investigated, and I determined to present +this memorandum to your Majesty in order that you may not be deceived +in the routes, and in the trade of those regions which you have in +your power, since it was discovered at so great expense and toil to +Magallanes, and his death ..." He justifies the conduct of the latter, +and urges the king to see justice done. Speaking of the trade he says, +"Your Majesty should believe that the sport of this business that you +have in your power is of what extent you may desire, only your Majesty +must know the game well, because in these first beginnings lies its +good. Whence I say, that before all else your Majesty ought, in this +case, to give such examples to those sailing in the fleet which you +expect to have prepared, so that those who go shall not be betrayed +... as happened in the past, and that the captain-general ... be one +who knows thoroughly what he must do, and that those accompanying him +go so instructed that after telling him their opinion, they shall +not dare to instruct him in his duties; for where confusion exists +there is the whole mistake." He urges a powerful fleet in order +to be able to show sufficient force to the natives, and to punish +those who killed Magalhaes. He cites the example of the Portuguese +who send large fleets to the east, and gain respect through fear, +"for if the King of Portugal has prestige in the Indies, it is because +he has always tried to demonstrate his power there, sending as large +a fleet as possible each year. Therefore not only did he rule those +lands with love and good works, but to a greater degree by means +of fear." In the matter of trading, the king should keep control; +for if traders are allowed to trade on their own account they will +ruin everything, and will sell lower, being content with thirty or +forty per cent when they might gain one hundred per cent or more. He +advises the king that trading should be under the control of his +Majesty's factor. (No. xxviii, pp. 298-301.) + +Chainho, 1523. Antonio Brito writes to the king of Portugal in regard +to events in India and the voyage of Magalhaes. "I arrived at Tidore +May 13, 522 [sic]. The Castilians had been there and loaded two of the +five vessels that sailed from Castilla; and I learned that the one had +left there four months before, and the other one month and a half." On +October 20, news is brought of a ship. Brito orders it brought to port, +and finds, as he had supposed, that it is a Castilian vessel. Of their +crew of fifty-four men, thirty had died. Their maps and instruments +are seized; and the ship and cargo confiscated, the wood of the +former being used in the fortress. "They said that the bishop of +Burgos and Cristobal de Haro had fitted out this fleet." A short +account of the voyage is given. From Rio de Janeiro the Castilians +"sailed to the river called Solis, where Fernando Magallanes thought +a passage would be found; and they stayed there forty days.... They +coasted along shore to a river called San Juan, where they wintered +for four months. Here the captains began to ask where he was taking +them, especially one Juan de Cartagena.... Then they tried to rise +against Magallanes and kill him." The flight of the "San Antonio" +is narrated, "and it is not known whether it returned to Castilla +or whether it was lost." The discovery of the strait is noted, with +a brief description of its location. The succeeding events--the +death of Magalhaes, the election of two captains (Duarte Barbosa, +"a Portuguese, and brother-in-law of Magallanes;... and Juan Serrana, +a Castilian"), and the death of Barbosa and thirty-five or thirty-six +men at the hands of natives, are briefly narrated. "They sailed to +an island called Mindanao ... and had an interview with the king, who +showed them where Borneo lay," whither they next journeyed. Here they +were taken by the natives for Portuguese, and were well treated. They +asked for pilots to conduct them to the Moluccas, but the king gave +them only as far as Mindanao "on the opposite side from which they +had come, where they would get other pilots. Mindanao is a very large +and fertile island." Brito relates further the disposition made of +the Castilians and their cargo. (No. xxx, pp. 305-311.) + +Valladolid, August 2, 1527. Investigations are instituted by the +Council of the Indies in regard to the seizure and confiscation by +the Portuguese of the "Trinidad," one of Magalhaes's vessels. This +court of inquiry is in charge of the bishop of Ciudad, Rodrigo, +who examines under oath the captain of the vessel, Gonzalo Gomez +de Espinosa and the two pilots Gines de Mafra and Leon Pancado. The +investigation brings out, in the form mainly of question and answer, +the communication of the Castilians with the Portuguese, and the +confiscation of their ship and cargo. (No. xi, pp. 378-388.) + + + +Letter of Authorization to Falero and Magallanes + + +Inasmuch [212] as we have commanded a certain contract and agreement +to be made with you, Ruy Falero, bachelor, and Fernando de Magalhayns, +knight, natives of the Kingdom of Portogal, in order that you make +an expedition of discovery in the Ocean Sea; and inasmuch as for +the said voyage we have ordered five ships to be armed, manned, +provisioned, and supplied with whatever else is necessary for said +voyage, having confidence that you are such persons as will guard +our service, and that you will execute fully and loyally what we +command and entrust to you: it is our will and pleasure to appoint +you--as by this present we do--as our captains of the said fleet. We +also authorize you so that, during the time of your voyage and until +(with the blessing of Our Lord) you shall return to these kingdoms, +you may and shall hold office as our captains, both on sea and land, +in your own names and those of your lieutenants, in every case and +in everything relating and pertaining to said office. You shall see +that there is proper execution of our justice in the lands and islands +that you shall discover, according to and in the manner followed by +those who have been our sea captains hitherto. By this our letter, +we command the masters, mates, pilots, seamen, roustabouts, boys, +any other persons and officials of the said fleet, and whatsoever +persons may see this present, and shall reside in the said lands and +islands that you shall discover, and whomsoever the contents of this +letter may concern or affect in any manner whatever, that they regard, +accept, and consider you as our captains of the said fleet. As such, +they shall obey you and fulfil your commands, under the penalty or +penalties which, in our name, you shall impose or order imposed, +and which, by this present, we impose and consider as imposed. We +authorize you to execute sentence on their persons and goods, and that +they observe and cause to be observed all the honors, favors, grace, +privileges, liberties, preeminences, prerogatives and immunities, +which as our captains, you should hold and enjoy, and which must be +kept for you. It is our pleasure and we command that, if during the +voyage of said fleet, there should be any disputes or differences, +either on land or sea, you shall be empowered to sentence, judge, +and execute justice in brief form, summarily and without process of +law. We authorize you to decide and judge the said disputes, and to +execute all the remaining contents of this our letter and whatever is +incumbent upon and pertains to said office of captain, with whatever +may be incident, dependent, or connected in any way with the same; +and neither yourselves nor others shall act contrary to this. + +Given at Valladolid, the xxij day of March, of the year one thousand +five hundred and eighteen. I, the King. I, Francisco de los Covos, +Secretary of the Queen [213] and of the King, her son, our Sovereigns, +write it by their command. + +[_Endorsed:_ "Authorization as sea-captains, given to Fernando +Magallayns and the bachelor Ruj Fallero for the time while they shall +be in the fleet which your Highness ordered to be equipped, until +their return to Espana. Johanes le Sauvaige. Fonseca, archbishop and +bishop. Registered. Juan de Samana. (Seal) Guilhermo, chancellor."] + + + +Carta de El Rei de Castella para El Reid Manuel + ++ + +S_mo_ y muy ex_te_ Rey y principe mj muy caro y muy amado hr_o_ y tio +Recebi vra letra de xij de hebrero con q he avido muy gran plazer en +saber de vra salud, y de la S_ma_ Reyna vra muger mj muy cara y muy +amada hermana especialment del contentamjento q me escreujs q tenys de +su companja q Lo mjsmo me escreujo Su Ser_d_ asi la he esperado sienpre +y: demas de conplir lo q deveys a vra Real persona a mj me hazeys en +ello muy singular conplazencia porq yo amo tanto a la dicha S_ma_ +Reyna mj hermana, q es muy mas lo q la qero q el debdo q con ella +tengo. afectuosamente vos Ruego sienpre me hagays saber de vra salud +y de la suya q asi sienpre os hare saber de la mja y lo q de present +ay de mas desto q dezires q por cartas q de alla me han escrito he +sabido q vos teneys alguna sospecha q del armada q mandamos hazer +para yr a las Jndias de q van por capitanes hernando magallanes y +Ruy falero podria venjr algun perjuizo a lo q a vosos pertenece di +aqllas partes de las Jndias bien crehemos q avn q algunas personas +qaran jnformas dealgo desto q vos terneys por cierta nra voluntad +y obra para las cosas q os tocare q es la q el debdo y amor y la +Razon lo reqere mas porq dello no os qde pensamjento acorde de vos +escreujr po q sepays q nra voluntad ha sido y es de muy cumplidamente +guardar todo lo q sobre la demarcacio fue asentado y capitulado +con los cathocos Rey y Reyna mjs senores y abuelos q ayan _glra_ +y q la dicha armada no yra ni tocara en parte q en cosa perjudiq a +vro _drho_ q no solamente q remos esto mas avn qrriamos dexaros de +lo q a nos pertenece y tenemos y el primer capitulo y mandamjeto nro, +q lleban los dichos capitans es q guarden la demarcacio y q no toque +en njnguna manera y so graves penas en las partes y terras y mares +q por la demarcacio a vos os estan senaladas yos pertenece y asi lo +guardara y complira y desto no tengays ninguna dubda. S_mo_ y muy +ex_te_ Rey & _pn_cipe nro muy caro y muy amado hr_o_ y tio nro Senor +vos aya en su especial guarda y Recomjenda de barcelona a xxviij dias +de hebrero de dxjx as. Yo Elrey. Couos, sect? + +(_Sobrescripto_:) S_mo_ y muy ex_te_ Rey * * * cipe de portugal * * +* muy caro y muy * * o hermano y tio. + + + +Letter from the King of Castile to the King Don Manuel + ++ + +Most Serene and very excellent King and Prince and very dear and +beloved brother and uncle: I received your letter of the twelfth +of February and I was extremely pleased to learn concerning the +state of your health and that of the most serene queen, your wife, +my very dear and much loved sister; and especially was I gratified +to hear of the pleasure you take in her company, of which her serene +highness likewise wrote me. So I have always wished it, and, besides +fulfilling what you owe your royal character, you do me therein very +great pleasure, for I love the most serene queen, my sister, so much, +that my love for her far exceeds that which is due her from me. I pray +you affectionately always to inform me concerning your health and hers, +and I will always let you hear as to mine. And now with regard to what +is further to be said, I have been informed by letters which I have +received from persons near you that you entertain some fear that the +fleet which we are dispatching to the Indies, under command of Hernando +Magallanes and Ruy Falero, might be prejudicial to what pertains to +you in those parts of the Indies. We believe that, in spite of the +fact that certain persons desire to imbue you with such an idea, +you are assured of our good will and deed in all matters affecting +you, which are such as love, duty, and reason demand. Nevertheless, +in order that your mind may be freed of anxiety, I thought it best +to write to you to inform you that our wish has always been, and +is, duly to respect everything concerning the line of demarcation +which was settled and agreed upon with the Catholic king and queen +my sovereigns and grandparents (may they rest in glory); and that +the said fleet will not in any way enter a district so that your +rights would be at all injured; and not only do we desire this but +would even wish to give over to you that which belongs to and is +held by us. And our first charge and order to the said commanders +is to respect the line of demarcation and not to touch in any way, +under heavy penalties, any regions of either lands or seas which were +assigned to and belong to you by the line of demarcation; and that +they will keep and fulfil this injunction I beg you to entertain +no doubt. Most Serene and very excellent King and Prince, our very +dear and well beloved brother and uncle, may our Lord have you in his +special keeping and recommendation. Barcelona xxviij February dxjx. I, +the King; Covos, secretary. + +[_Superscription:_ "Most Serene and very excellent King, [pr]ince of +portugal [our] [214] very dear and well [belov]ed brother and uncle."] + + + +Instructions to Cartagena + +I, the King. That which you, Juan de Cartagena our captain, are to +do in the fulfilment of your duties as our inspector-general of the +fleet, which we are sending under command of Ruy Falero and Fernando +de Magallains, our captains, knights of the order of San Tiago, +on the voyage of discovery which, with the blessing of Our Lord, +they are about to undertake as our captain-generals of said fleet, +is as follows: + +First: in order that you may go well-informed, the instructions and +agreement made with our said captains for the voyage of discovery +are as follows: + +I, the King. Inasmuch as you, Fernando de Magallains, knight, native +of the kingdom of Portogal and bachelor Ruy Falero, also native of +said kingdom, wish to do us signal service, binding yourselves to +discover within the boundaries which pertain to and belong to us in +the Ocean Sea, within the limits of our demarcation, those islands +and mainlands, riches, spices, and other things with which we shall be +well pleased and these our kingdoms well profited, we order herewith +the following agreement to be made with you: + +First: in order that you may and shall with good fortune go on a +voyage of discovery in that part of the Ocean Sea within our limits +and demarcation; and as it would not be just that since you are going +yourselves to perform the aforesaid, other persons should venture to +do the same; and considering that you are to have the hardship of this +enterprise: it is my will and pleasure (as I now promise) that, for +the term of the first ten years ensuing we shall not permit any other +person to go on a voyage of discovery by the same route and course that +you may take; and that if anyone else should wish to undertake it and +ask permission, it shall not be granted until you have been informed +thereof, so that, if at the same time you should so desire, you may +undertake it also, being as well prepared, equipped, and furnished with +as many vessels as equally well-conditioned, equipped, and manned as +those of the other persons wishing to make the said discovery. But it +is to be understood that if we should wish to order or permit other +persons to undertake such an enterprise by the western route, in the +district of those islands, with Tierra Firme and all other places +already discovered, towards the desired direction, for the purpose of +seeking the strait of those seas, we may so order or permit to these +others. If they should wish to start on their discoveries from Tierra +Firme or from the island of Sant Miguel, and go through the southern +sea, they may do so. Likewise if the governor or people who, by our +mandate, are now, or may be in the future, in the said Tierra Firme, +or any others of our subjects and vassals should wish to set out on +a voyage of discovery in the southern sea, wherein such discovery is +permitted; and if they wish to send out ships for further discoveries; +then our said governor, vassals, and any other persons who, according +to our pleasure, should go upon such discovery in that direction, +may do so, notwithstanding the aforesaid of any section and clause +whatever in this agreement. But we also desire that if you should wish +to do so, you may discover by any of these said routes, provided the +place be not already discovered or found. + +The aforesaid discovery must be made in such manner that you do not +discover or do anything to his prejudice, within the demarcation +and limits of the most serene king of Portogal, my very dear and +well beloved uncle and brother, but only within the limits of our +demarcation. + +And acknowledging your wish to serve us which has moved you to +undertake the said discovery; the service which we shall receive +therefrom; and the benefit of our royal crown--as a remuneration for +the labor and danger which you will have to undergo, it is our will +and pleasure, and our desire in all the islands and mainlands that you +may discover, to grant you--as we do in this present--that of all the +profit and gain from all the lands and islands you may so discover, +both rents and rights, and whatever else accrues to us in any way, +you shall have and take the twentieth part (after first deducting +all expenses which may be involved); also you shall have title as our +_adelantados_ [215] and governors of said lands and islands, you, your +children, and lawful heirs forever. This shall be on condition that +the supremacy of the same shall pertain to us and to the kings after +us, and if your children and heirs are natives of our kingdoms and +married therein; and if the said government and title of _adelantado_ +shall descend to your son or heir after your death. We shall have +your letters and privileges to this effect sent to you in proper form. + +We also grant you grace and give you license and power, so that each +year hereafter you may take and send, and you shall send, either in our +vessels or in any others that you may prefer, to said islands and lands +that you shall discover, as above, the value of one thousand ducats +first cost. This is to be employed at your risk, and in the place and +manner you may deem best. And you can sell this there and use it as +you shall decide and desire. You shall bring the returns thereof to +these kingdoms, paying us as our rights the twentieth part thereof, +without being obliged to pay any other taxes whatsoever, those usually +imposed or those which may be newly levied. It is to be understood, +however, that this is to be after the return from the first voyage, +not during the same. + +Moreover, it is our will and pleasure that if the islands, which you +shall discover in this manner, exceed six in number, having first +chosen six [for us], you may assign to yourselves two of those that +remain. Of these you shall have and take the fifteenth part of all +the profit and gain of rent and rights pertaining to us, left clear, +over and above the expenses involved. + +_Yten_: We wish and it is our will and pleasure that, considering +the expenses and labors involved by you on said voyage, to grant you +grace--as we do by this present--that at the return of this first +fleet and for this once you shall have and take the fifth part of +whatever pertains to us in the things that you bring from those +regions, which remains clear, over and above the expenses involved +in the said fleet. In order that you may accomplish the aforesaid +better, and that the necessary caution may be observed, I shall order +five ships to be armed for you, two of one hundred and thirty tons, +two of ninety and one of sixty tons, all to be sufficiently manned, +provisioned, and armed. It should be known that said ships shall be +provisioned for two years and shall have two hundred and thirty-four +persons to manage them, counting masters, mariners, deck hands and +all others necessary, according to the memorandum of the same. This +we shall order to be put into effect immediately by our officials of +the India House of Trade who reside in the city of Sevilla. + +Because it is our will and pleasure that the aforesaid should +be kept and complied with in every respect, we desire that, if, +in the prosecution of the aforesaid, either of you should die, the +contents of this present instrument shall be observed and fulfilled +by the remaining one, and as faithfully as it must be kept, should +both live. Furthermore, in order that there may be justice and a +good account of the aforesaid, and the suitable caution as regards +our estates, we are to appoint, and we shall appoint a treasurer, +accountant, and clerks for said ships, who shall keep and record the +account and calculation of every thing, and before [whom shall pass] +[216] and be delivered everything acquired by the said fleet. + +This I promise you and I pledge on my royal faith and word that I +will order it kept and observed in every particular, according to +the contents herewith. I order this present instrument given, signed +with my name. Given at Valladolid, March twenty-two, one thousand +five hundred and eighteen. I, the King. By command of the King: +Francisco de los Covos. + +Then when you shall come to the city of Sevilla, you shall show our +officials of the India House of Trade, residing there, the despatch +which you bring concerning your said office, informing them fully +and specifically of the method which you think you ought to employ +in guarding the interests of our estates; also of the said voyage, +and the contents of this instruction. + +_Yten_: You will cause our accountant of said fleet to take note of +everything spent and which will be spent in said fleet; everything in +the cargo taken in the ships from the said city of Sevilla; and the +wages and provisions, the merchandise carried, both that belonging +to us, and that belonging to others who may supply anything for +the furnishing and maintenance of the said fleet. You must see to +it that a book is kept in which you will make entry of all that is +loaded in the holds. These things must be marked with your mark, +each different class of merchandise being by itself; and you must +designate particularly what belongs to each person, because, as will +be seen later, the profits must be allotted at so much to the pound, +in order that there may be no fraud. + +_Yten_: You will ask the said officials of Sevilla to give you, before +the departure of said fleet, an inventory of all the merchandise +and other articles placed on board, both on our account and for any +other persons. Our accountant must put all this in the charge of +our treasurer of said fleet, entry being made in the books of both, +in order that, when, with the blessing of Our Lord, said fleet shall +return, they may give an account and calculation of everything which +can be easily verified and explained. And I order these latter to +give you such account, so that whenever the said articles shall be +bartered in the said lands and islands, during the bartering, the +things bartered shall be unloaded in presence of the said treasurer, +and he shall note everything bartered for them, and he shall do this, +setting down everything fully and specifically. + +Furthermore, as you will see, I have ordered certain merchants to +place on board the said fleet the merchandise and articles to be +sent for ransoms. These are they whom the father bishop of Burgos, +very reverend in Christ and a member of our council, may appoint to +furnish the same to the amount of four thousand ducats, which after +subtracting the twentieth part of the profits which God shall give +to said fleet, must be used for the redemption of captives. The +remainder is to be divided between us and said merchants, each of +whom draws profit according to the number of pounds he has placed +on board. Also in all the expenses of the said fleet, the wages and +costs, both in the merchandise and other things, you must see to it +that our accountant takes note of what is placed on board, in our name +and in the names of others, so that the amount of the shares will be +known and what is due us. You shall deliver everything to our said +treasurer in the presence of our accountant, who shall enter it on +his books, their names and yours being signed at each entry, so that +in everything there may be due caution and the requisite clearness. + +You shall also see to it carefully that the bartering and trading of +said fleet is done to the greatest possible advantage to our estates, +and that everything is delivered to said treasurer, said accountant +of said fleet taking note, in your presence, in order to bring it +to us. The aforesaid portion which belongs to us you shall deliver +to our officials at Sevilla; that which is due to said merchants and +other persons you shall give and deliver to them after the return of +the said fleet to these kingdoms, according to the order given you +as hereinbefore stated. In everything, you must take care that the +said treasurer records in his book and in that of said accountant, +stating what is delivered to him, and the results of the bartering, +it being entered in his book and in that of the said accountant--every +one being present at the entries in said books, in order that each +division of said entries may correspond with that of the other book, +no more in one book than in the other. This will be signed by you and +by said treasurer and accountant, as before stated, in the manner +and according to the order prescribed in this our instructions. We +command this so that everything may be stated clearly and that +requisite caution be exercised in regard to our estate. + +Moreover, you must watch and see to it that all the rents belonging +to us [in (?)--blank space in _Alguns documentos_] whatever manner, +in said lands and islands that are discovered by said fleet, [whether +(?)--blank space in _Alguns documentos_] in trade or in any other +way; also the rents of the salt marshes which in the said islands and +lands have belonged up to the present and will hereafter belong to us. + +_Yten_: You shall see to it that our treasurer of the said fleet +collect the fifth and other rights whatsoever belonging to us, of all +and whatsoever bartering that be made or shall be made in the future +in said islands and lands; also the slaves, guanins, [217] pearls, +and precious stones, drugs, or spices and other things whatsoever +that must be delivered and which belong to us, fulfilling that which +is commanded to and agreed upon with the said captains, merchants, +and other persons. You will see that said accountant entrusts this +to said treasurer, as aforesaid, in your presence, observing therein +the order as before stated. + +Moreover you must see to it that the said treasurer shall receive +all the fines that have been imposed and shall be imposed by our +said captains and by any justice and person whatever, and that said +accountant shall enter them in a separate book, in your presence. + +Moreover, you must exercise much care and vigilance to see that +our service is complied with and to effect what is proper for the +colonization and pacification of the lands that are found. You +will advise us fully and specifically of the manner in which our +instructions and mandates are complied with in said islands and lands; +of our justice; of the treatment of the natives of said lands, with +whom you must be careful to use good faith and fulfil all that is +promised--they must be treated most affectionately, both in order +that they may be influenced to become good Christians, which is our +principal desire, and that they may with good will serve us and be +under our government, subjection, and friendship; how said captains and +officers observe our instructions, and other matters of our service; +and of everything else of which you think I should be informed, +as I state and declare herein. + +When, with the blessing of Our Lord, the fleet shall set sail, +you together with our other said captains, inspector general, and +officers shall write me of the departure and of the caution you +are employing. [Blank space in _Alguns documentos_]. In the future +whenever you write me of the events of the said voyage and of those +matters concerning which you must inform me, you will all together +write me in one letter, but if you think that I should be advised +privately of anything which relates to our service, you may do so. + +Moreover, you must treat our said captains and officials well since +they are those to whom we have entrusted duties, and they shall do the +same to you. For I am sure that they will serve us on this voyage and +in the future as good and loyal subjects as they have shown themselves +to be heretofore; and it is my will to show them favor and grace. All +that you see which may be suitable for our service you must guide +and direct, aiding in all possible way to serve us to the best of +your ability. + +_Yten_: When in due time you have arrived in the regions where said +fleet shall discover, you must investigate and ascertain what land it +is. If it should be a land where you must barter, you must first effect +the bartering of the merchandise of the said fleet before attending +to any other private interest, following the decision and opinion of +our said officials of the said fleet. After bartering the belongings +of the fleet, the officers and people may barter the other merchandise +of which, according to this mandate, they shall pay us the fifth part. + +_Yten_: As one of the principal things required in such voyages is +concord among the persons in charge, you must see to it carefully that +there may be unity and harmony among you, and our said captains, and +other officials. If there should be any misunderstanding among them, +they must desist from all differences, and you and your companions +shall settle all such and prevent them from taking place. Do the same +yourselves and all being in harmony the interests of our service will +be better guarded, which if the contrary is observed, would not be +the case. This I order and charge you because therein you will serve +me well. + +Moreover, although the offices of our captains and inspector, +treasurer, and accountant of said fleet are independent of each +other, in that which relates to the trust of each, inasmuch as it +is convenient for the good of our service and the increase of our +royal income, for the colonization and pacification of our lands, +each one must keep account of what pertains to the office of the +other. Inasmuch as the office you hold as inspector general of the +said fleet is an office of great trust, and it is necessary that +there be exercised therein much diligence, care, and vigilance, I +order you to charge and entrust yourself with this trust because it +is the one office of said fleet on which all the others depend. Even +should there be any negligence in the other offices and should there +be no such good foresight and caution as is proper, if you fulfil your +duty, it would be less inconvenient. You must labor and endeavor with +all your strength to observe the care and thoroughness in everything +relating to your said office and necessary for our service with that +care and diligence which I expect from you, so that there may be a +good record and the proper caution. + +Although it has not been before stated, you are to have a separate +book in which you shall enter all the aforesaid. Nevertheless you +must be present at all entries and sign the books of our treasurer and +accountant of the said fleet, because (though God forbid), should any +accident befall any of the ships in which the said officials sail, it +were well that in everything there should be due caution and a record +of it; and that, besides being always present you have a separate +book. Therefore I order and charge you that this book be similar to and +contain the same account of the affairs of the said fleet as the one +kept by the said accountant. You will keep a separate book, in which +you will set down the accounts of the treasurer as herein stated. You +will cause said treasurer and accountant to sign also in your book; but +you shall not, on this account, neglect to be present in all matters, +and observe diligence in the books of the others, as before mentioned. + +Furthermore, that we may be informed of all, when at good time you +will arrive at those lands and islands for which the said fleet is +bound, you shall make a book and full relation of everything you +see and find there. When you are about to return you shall have five +copies made of this, placing one copy in each ship, so that in case +of accident to any one of the said ships there may be a full account +of everything. You must also place in each ship a list of everything +which the said fleet brings in each one of the ships, each list being +identical and in accordance with your books. You must take care that +the goods brought by said fleet be divided among all the ships, placing +in each one the amount deemed proper for our captains and officials. + +I charge and order you to do all this and more which you may consider +advantageous to our service and to the good interest of our estates +and of said fleet, with that diligence and fidelity which I expect +from you. + +Barcelona, the sixth day of the month of April, one thousand, five +hundred and nineteen. I, the King. By command of the King: Francisco +de los Covos. + +[_Endorsed_: "Instructions to Cartagena."] + + + + +Carta do Rei de Castella a Fernando de Magalhaes e a Ruy Falero + + ++ + +El Rey + +fernando de magallains & Ruy falero caualleros de la orden de san +tiago nros capitans generales dell annada q mandamos haser para yr +a descobrir & a los otros capitans particulares de la dha armada & +pilotos & maestres & contramaestres & marineros de las naos de la dha +armada, porquanto yo tengo por cierto segund la mucha informacio que +he avido de personas que por esperiencia lo An visto q en las islas +de maluco ay la especieria q principalmente ys a buscar con esa dha +armada & my voluntad es que derechamente sigais el viage a las dhas +islas por la forma e mana que lo he dicho e mandado a vos el dcho +fernando de magallains, porende yo vos mando A todos & a cada uno de +vos q en la navegacion del dho viage sigais el parecer & determinacio +del dho fernando de magallains para que ants e primero que a otra parte +alguna vais a las dhas islas de maluco sin que en ello Aya ninguna +falta, porq asy cumple A nro seruicio & despues De fecho esto se podra +buscar lo demas que convenga conforme A lo q ileuais madado & los unos +nj los otros non fagads njn fagan ende Al por alguna mana, so pena, +de pdimy de biens e las psonas a la nra merced fecha en Barcelona a +diez & nueve dias del mes de abril ano de mjll quinientos & diez e +nueve anos. Yo El Rey. Por mandado dEl Rey Fran_co_ de los covos. + +pa q los del armada sigan el parecer y determynacio de magallanes pa +q ants y prno q a otra p_te_ vaya a la especierja. + + + +Letter from the King of Castile to Fernando de Magalhaes and Ruy Falero + ++ + +The King. + + +Fernando de Magallains and Ruy Falero, knights of the order of San +Tiago, our captain-generals of the fleet which we are about to despatch +on an expedition of discovery, and the other individual captains of +the said fleet; the pilots, sailing masters, boatswains, and sailors +in the ships of the said fleet: inasmuch as I am quite well assured by +those who have actually been there, that the Maluco Islands are rich +in spices--the chief article sought by the said fleet,--order you, +the said Fernando de Magallains, to pursue a direct course to the +above-mentioned islands, exactly as I have told and commanded you. And +I order you all individually and collectively, that, in the said voyage +you heed strictly the counsels and decisions of the said Fernando de +Magallains; and that, first and foremost, before sailing elsewhere, you +proceed without fail to the said Maluco Islands, for in this wise do +you perform our service. Afterwards you may seek other suitable things, +in accordance with your orders. And none of you shall act contrary +to this our will, in any manner, under penalty of loss of property +and life. Barcelona, April nineteen one thousand five hundred and +nineteen: I, the King. By command of the King: Francisco de los Covos. + +[_Endorsed:_ "In order that those sailing in the fleet may heed the +counsels and decisions of magallanes, and that first and foremost, +before proceeding elsewhere, they may sail to the spice islands."] + + + + +Extracto de Una Carta de Las Indias + + +Despues de esto escrito a V.S. llego ynigo lopez a los xviij de malaca +el q_l_ truxo por nuevas q los castellanos estavan en maluco, q ptiero +tres naos de castilla y en ellas fernando magallaes por principal +y fuero a [symbol] vista del cabo de san Agustin y de allj corriero +obra de dozientas o trezientas leguas al luengo de la costa del brasil +y fuero a dar en un rrio q atravessava toda la trra del brasil y era +de agua dulce, anduviero por el seys o siete dias hasta q se viero de +la otra parte del sul y por allj comencaron de yr a buscar a maluco +anduviero cinco messes por vn golfo sin nunca [symbol] tierra nj +hallar yslas y sienpre con vientos en popa, eneste paraje fuyo vna +nao al magallanes y se torno non se sabe pte della, y eneste tpo vuo +vna grande confusion entre los castellanos de dezir q_l_ magallanes +los levana a entregar alos Portugueses y determjnaro dese levantar +con las naos. supolo magallaes y hizose doliente y enbyo allamar vno +a vno delos culpados y davale vn mallo rrodeyro en la cabeca, mato +los de qujen se temja y dio las capitanjas y cargos a otros aqujen +el qujso, yendo porsu derrora adelante con poco mantenjmjento y agua, +vuo vysta de vna ysia laqual era burneo qujsiero salir en ella contra +voluntad delos dela _trra_ vuo entre vnos y otros gran pelea en la +qual murio el magallanes y otros muchos hoh bres de faycion q qdo +el armada muy desaparejada de gente y estuviero en condicion de se +entregar ala gente dela _trra_ levantose vn piloto portugues q yva +con magallaes y tomo el leme en la mano y partio camjno de maluco +alqual llego y hallo vn hombre de don tristan de meneses q dios aya, +vujeronle ala mano y supieron todo lo q qujsieron del fizieron sus +contratos bien largamete y a voluntad delos dela _trra_ despendieron +desus bonetes bermejos y panos q lebavan por los quales les fiziero +carga destas dos naos, las quales partiero de maluco cargadas de +clavo y mal aparejadas de aparejos y costados dexaron en _trra_ +dos o tres honbres con barcos y talaqras y vnos tiros fechos por +senal, estas naos trayan hecho fundamento de se venjr por las islas +de maldiva porq por el camino q fuero tenjante por peligroso po el +tpo los hizo arribar a burneo de donde se partio vna nao la mejor +aderecada pa essos rreynos la qual dios alla nos lieve, la otra con +sesenta personas se tornava pa maluco por no estar pa acometer el +camjno y fazer mucha agua, y fazia fundamento de hazer estancias en +maluco con su artilleria y esperar allj rrespuesta dela nao q partio +pa castilla le q_l_ plazera a nro s_or_ q no yra alla su el lo vujere +por su servicio. todas estas nuevas supiero por dos grumetes delas +mismas naos q se qdaro en burneo por a[symbol] mjedo de yr las naos +tan mal aderecadas, y de allj los levo don jua* a timor adonde estava +pedro merino--cargando de soldados (?) y de allj se partio con estos +dos grumetes y los truxo a malaca a donde hallo a ynigo lopez q estana +pa partir y se metio con el y llegaro a cochin a salvamento con los +castellanos grumetes de gujen se supo todo esto. + +[_Addressed:_ "S. Cel. & Cath._ca_ M._ti_"] + +[_Endorsed:_ "A su mag xxjx de agosto de cochin a 23 de Dics de 1522. + +Avises del viage [sic] de Magallanes y su muerte y noticias dela +India portuguesa."] + + + +Extract of a Letter from the Indies + + +After I had written the above to your lordship, Ynigo Lopez arrived on +the eighteenth from Malaca with the news that the Castilians were in +Maluco; that three vessels had left Castilla under command of Fernando +Magallaes. They had been sighted off the cape of San Agustin, from +which point they had run about two hundred or three hundred leagues +along the coast of Brasil. There they anchored in a river [218] which +flows across the whole of Brasil, and was of fresh water. They sailed +for six or seven days on this river until they came to the other part +of the south, whence they started in quest of Maluco, sailing for +five months in a wide expanse of waters without ever seeing land or +finding islands, and with a steady stern wind. In this region one of +the ships fled from Magallanes and started to return, but nothing more +has been heard of it At this time a great uneasiness became manifest +among the Castilians, and it was rumored that Magallanes was going to +deliver them over to the Portuguese; and they resolved to mutiny and +seize the ships. Magallanes upon obtaining information of this was +sorely grieved. He summoned the guilty ones before him one by one, +but they flatly refused to come. [219] He killed those of whom he +stood in fear, and gave their captaincies and duties to those whom he +thought proper. He continued his forward course although he had but +little food and water, and finally came in sight of an island which +was the island of Burneo. They tried to land there against the will +of the inhabitants. A great fight ensued, in which Magallanes and +many of his fighting men were killed, and when the fleet, deprived +of many men, was in such straits that it could easily have fallen +into the hands of the inhabitants of that land, a Portuguese pilot, +who had come with Magallanes, came to the rescue, took the tiller, +and turned the course of the vessel toward Maluco. He reached that +place and found there one of the followers of Don Tristan de Meneses +(may he rest in peace). They took him prisoner and obtained from him +all the information that they desired. Then they made their bargains +in detail and at the wish of those on land disposed of their red +caps and clothes which they had carried with them, in return for +which those on shore loaded their vessels; these left Maluco laden +with cloves, but in very poor condition as to their rigging and +hulls. They left two or three men with small boats and defenses, +and some shot to use for signals. It was their intention to go with +their ships through the islands of Maldiva because they considered +the course that they were taking dangerous. The weather, however, +compelled them to land at Burneo from which place one of the vessels +which was in the better condition started for those kingdoms, and may +God grant her safe arrival. The other vessel returned with sixty hands +to Maluco for it was leaking badly and not in a condition to undertake +the voyage. They resolved to make a stay at Maluco with the artillery +and wait there for news of the vessel which had left for Castilla which +may it please Our Lord not to bring to that place unless it be for his +service. All this news was had from two deck-hands of the same vessels, +who had remained at Burneo for fear of embarking in them while in so +poor condition. From this place Don Juan brought them to Timor where +Pedro Merino was in command of the soldiers, [220] and from there he +departed with these two deck-hands and brought them to Malaca where +he found Ynigo Lopez, who was about to leave. Joining with him they +both arrived in safety at Cochin with the Castilian deck-hands from +whom they obtained all the above information. + +[_Addressed:_ "Sacred Caesarean and Catholic Majesty."] + +[_Endorsed:_ "To his majesty, xxjx of August from Cochin, December +23, 1522. + +Advices of the voyage of Magallanes and of his death, and news from +Portuguese India."] + + + + +De Molvccis Insulis + + +Most Reverend and Illustrious Lord: my only Lord, to you I most humbly +commend myself. Not long ago one of those five ships returned which +the emperor, while he was at Saragossa some years ago, had sent into +a strange and hitherto unknown part of the world, to search for the +islands in which spices grow. For although the Portuguese bring us a +great quantity of them from the Golden Chersonesus, which we now call +Malacca, nevertheless their own Indian possessions produce none but +pepper. For it is well known that the other spices, as cinnamon, +cloves, and the nutmeg, which we call muscat, and its covering +[mace], which we call muscat-flower, are brought to their Indian +possessions from distant islands hitherto only known by name, in +ships held together not by iron fastenings, but merely by palm-leaves, +and having round sails also woven out of palm-fibres. Ships of this +sort they call "junks," and they are impelled by the wind only when +it blows directly fore or aft. + +Nor is it wonderful, that these islands have not been known to any +mortal, almost up to our time. For whatever statements of ancient +authors we have hitherto read with respect to the native soil of these +spices, are partly entirely fabulous, and partly so far from truth, +that the very regions, in which they asserted that these spices were +produced, are scarcely less distant from the countries in which it +is now ascertained that they grow, than we are ourselves. + +For, not to mention others, Herodotus, in other respects a very good +authority, states that cinnamon was found in birds' nests, into which +the birds had brought it from very distant regions, among which birds +he mentions especially the Phoenix--and I know not who has ever seen +the nest of a Phoenix. But Pliny, who might have been thought to have +had better means of knowing the facts, since long before his time many +discoveries had been made by the fleets of Alexander the Great, and +by other expeditions, states that cinnamon was produced in Ethiopia, +on the borders of the land of the Troglodytes. Whereas we know now +that cinnamon is produced at a very great distance from any part of +Ethiopia, and especially from the country of the Troglodytes, _i.e._ +dwellers in subterraneous caves. + +Now it was necessary for our sailors, who have recently returned, +who knew more about Ethiopia than about other countries, to sail round +the whole world and that in a very wide circuit, before they discovered +these islands and returned to Europe; and, since this voyage was a very +remarkable one, and neither in our own time, nor in any former age, has +such a voyage been accomplished, or even attempted, I have determined +to send your Lordship a full and accurate account of the expedition. + +I have taken much care in obtaining an account of the facts from the +commanding officer of the squadron, [221] and from the individual +sailors who have returned with him. They also made a statement to +the emperor, and to several other persons, with such good faith and +sincerity, that they appeared in their narrative, not merely to have +abstained from fabulous statements, but also to contradict and refute +the fabulous statements made by ancient authors. + +For who ever believed that the Monosceli, or Sciapodes [one-legged +men], the Scyrites, the Spithamaei [persons a span--seven and one-half +inches--high], the Pigmies [height thirteen and one-half inches], and +such-like were rather monsters than men? Yet, although the Castilians +in their voyages westwards, and the Portuguese sailing eastwards, +have sought out, discovered, and surveyed so many places even beyond +the Tropic of Capricorn, and now these countrymen of ours have sailed +completely round the world, none of them have found any trustworthy +evidence in favor of the existence of such monsters; and therefore +all such accounts ought to be regarded as fabulous, and as old wives' +tales, handed down from one writer to another without any basis of +truth. But, as I have to make a voyage round the world, I will not +extend my prefatory remarks, but will come at once to the point. + +Some thirty years ago, when the Castilians in the West, and the +Portuguese in the East, had begun to search after new and unknown +lands, in order to avoid any interference of one with the other, +the kings of these countries divided the whole world between them, +by the authority probably of Pope Alexander VI, on this plan, that a +line should be drawn from the north to the south pole through a point +three hundred and sixty leagues west of the Hesperides which they now +call Cape Verde Islands, which would divide the earth's surface into +two equal portions. All unknown lands hereafter discovered to the +east of this line were assigned to the Portuguese; all on the west +to the Castilians. Hence it came to pass that the Castilians always +sailed southwest, and there discovered a very extensive continent, +besides numerous large islands, abounding in gold, pearls, and other +valuable commodities; and have quite recently discovered a large inland +city named Tenoxtica [Mexico] situated in a lake like Venice. Peter +Martyr, [222] an author who is more careful as to the accuracy of +his statements than of the elegance of his style, has given a full +but truthful description of this city. But the Portuguese sailing +southward past the Hesperides [Cape Verde Islands] and the Fish-eating +Ethiopians [West Coast of Africa], crossed the Equator and the Tropic +of Capricorn, and sailing eastward discovered several, very large +islands heretofore unknown, and also the sources of the Nile and the +Troglodytes. Thence, by way of the Arabian and Persian Gulfs, they +arrived at the shores of India within the Ganges, where now there is +the very great trading station and the kingdom of Calicut. Hence they +sailed to Taprobane which is now called Zamatara [Sumatra]. For where +Ptolemy, Pliny, and other geographers placed Taprobane, there is now +no island which can possibly be identified with it. Thence they came +to the Golden Chersonesus, where now stands the well-peopled city of +Malacca, the principal place of business of the East. After this they +penetrated into a great gulf, as far as the nation of the Sinae, who +are now called Schinae [Chinese], where they found a fair-complexioned +and tolerably-civilized people, like our folks in Germany. They believe +that the Seres and Asiatic Scythians extend as far as these parts. + +And although there was a somewhat doubtful rumour afloat, that the +Portuguese had advanced so far to the east, that they had come to +the end of their own limits, and had passed over into the territory +appointed for the Castilians, and that Malacca and the Great Gulf +were within our limits, all this was more said than believed, until, +four years ago, Ferdinand Magellan, a distinguished Portuguese, +who had for many years sailed about the Eastern Seas as admiral +of the Portuguese fleet, having quarreled with his king, who he +considered had acted ungratefully towards him, and Christopher Haro, +brother of my father-in-law, of Lisbon, who had, through his agents +for many years carried on trade with those eastern countries, and +more recently with the Chinese, so that he was well acquainted with +these matters (he also, having been ill-used by the King of Portugal, +had returned to his native country, Castille), pointed out to the +emperor, that it was not yet clearly ascertained, whether Malacca +was within the boundaries of the Portuguese or of the Castillians, +because hitherto its longitude had not been definitely known; but +that it was an undoubted fact that the Great Gulf and the Chinese +nations were within the Castilian limits They asserted also that it +was absolutely certain, that the islands called the Moluccas, in which +all sorts of spices grow, and from which they were brought to Malacca, +were contained in the western, or Castilian division, and that it would +be possible to sail to them, and to bring the spices at less trouble +and expense from their native soil to Castille. The plan of the voyage +was to sail west, and then coasting the Southern Hemisphere round +the south of America to the east. Yet it appeared to be a difficult +undertaking, and one of which the practicability was doubtful. Not +that it was impossible, _prima facie_, to sail from the west round +the Southern Hemisphere to the east; but that it was uncertain, +whether ingenious Nature, all whose works are wisely conceived, had +so arranged the sea and the land that it might be possible to arrive +by this course at the Eastern Seas. For it had not been ascertained +whether that extensive region, which is called Terra Firma, separated +the Western Ocean [the Atlantic] from the Eastern [the Pacific]; but +it was plain that that continent extended in a southerly direction, +and afterwards inclined to the west. Moreover two regions had been +discovered in the north, one called Baccalearum from a new kind of +fish, [223] the other called Florida; and if these were connected +with Terra Firma, it would not be possible to pass from the Western +Ocean to the Eastern; since although much trouble had been taken to +discover any strait which might exist connecting the two oceans, none +had yet been found. At the same time it was considered that to attempt +to sail through the Portuguese concessions and the Eastern Seas would +be a hazardous enterprise, and dangerous in the highest degree. + +The emperor and his council considered that the plan proposed by +Magellan and Haro, though holding out considerable advantages, was one +of very considerable difficulty as to execution. After some delay, +Magellan offered to go out himself, but Haro undertook to fit out +a squadron at the expense of himself and his friends, provided that +they were allowed to sail under the authority and patronage of his +majesty. As each resolutely upheld his own scheme, the emperor himself +fitted out a squadron of five ships, and appointed Magellan to the +command. It was ordered that they should sail southwards by the coast +of Terra Firma, until they found either the end of that country or +some strait, by which they might arrive at the spice-bearing Moluccas. + +Accordingly on the tenth of August, 1519, Ferdinand Magellan with his +five ships sailed from Seville. In a few days they arrived at the +Fortunate Islands, now called the Canaries. Thence they sailed to +the islands of the Hesperides [Cape Verde]; and thence sailed in a +southwesterly direction towards that continent which I have already +mentioned [Terra Firma or South America], and after a favorable +voyage of a few days discovered a promontory, which they called +St. Mary's. Here admiral John Ruy Dias Solis, while exploring the +shores of this continent by command of King Ferdinand the Catholic, +was, with some of his companions, eaten by the Anthropophagi, whom the +Indians call Cannibals. Hence they coasted along this continent, which +extends far on southwards, and which I now think should be called the +Southern Polar land, then gradually slopes off in a westerly direction, +and so sailed several degrees south of the Tropic of Capricorn. But +it was not so easy for them to do it, as for me to relate it. For not +till the end of March in the following year, [1520] did they arrive at +a bay, which they called St. Julian's Bay. Here the Antarctic polestar +was forty-nine and one-third degrees above the horizon, this result +being deduced from the sun's declination and altitude, and this star +is principally used by our navigators for observations. They stated +that the longitude was fifty-six degrees west of the Canaries. [224] +For since the ancient geographers, and especially Ptolemy reckoned +the distance easterly from the Fortunate Islands [Canaries] as far +as Cattigara to be one hundred and eighty degrees, and our sailors +have sailed as far as possible in a westerly direction, they reckoned +the distance from the Canaries westward to Cattigara to be also one +hundred and eighty degrees. Yet even though our sailors in so long a +voyage and in one so distant from the land lay down and mark certain +signs and limits of the longitude; they appear to me rather to have +made some error in their method of reckoning of the longitude than +to have attained any trustworthy result. + +Meanwhile, however this may be, until more certain results are arrived +at, I do not think that their statements should be absolutely rejected, +but merely accepted provisionally. This bay appeared to be of great +extent, and had rather the appearance of a strait. Therefore admiral +Magellan directed two ships to survey the bay; and himself remained +with the rest at anchor. After two days, they returned, and reported +that the bay was shallow, and did not extend far inland. Our men on +their return saw some Indians gathering shell-fish on the sea-shore, +for the natives of all unknown countries are commonly called +Indians. These Indians were very tall, ten spans high [seven feet +six inches], clad in skins of wild beasts, darker-complexioned than +would have been expected in that part of the world; and when some of +our men went on shore and showed them bells and pictures, they began +to dance round our men with a hoarse noise and unintelligible chant, +and to excite our admiration they took arrows a cubit and a half long, +and put them down their own throats to the bottom of their stomachs +without seeming any the worse for it. Then they drew them up again, +and seemed much pleased at having shown their bravery. At length three +men came up as a deputation, and by means of signs requested our men +to come with them further inland, as though they would receive them +hospitably. Magellan sent with them seven men well equipped, to find +out as much as possible about the country and its inhabitants. These +seven went with the Indians some seven miles up the country, and came +to a desolate and pathless wood. Here was a very low-built cottage +roofed with skins of beasts. In it were two rooms, in one of which +dwelt the women and children, and in the other the men. The women and +children were thirteen in number, and the men five. These received +their guests with a barbarous entertainment, but which they considered +to be quite a royal one. For they slaughtered an animal much resembling +a wild ass, and set before our men half-roasted steaks of it, but no +other food or drink. Our men had to cover themselves at night with +skins, on account of the severity of the wind and snow. + +Before they went to sleep they arranged for a watch to be kept; +the Indians did the same and lay near our men by the fire, snoring +horribly. When day dawned, our men requested them to return with +them, accompanied by their families to our ships. When the Indians +persisted in refusing to do so, and our men had also persisted +somewhat imperiously in their demands, the men went into the women's +chamber. The Spaniards supposed that they had gone to consult their +wives about this expedition. But they came out again as if to battle, +wrapped up from bead to foot in hideous skins, with their faces painted +in various colours, and with bows and arrows, all ready for fighting, +and appearing taller than ever. The Spaniards, thinking a skirmish was +likely to take place, fired a gun. Although nobody was hit, yet these +enormous giants, who just before seemed as though they were ready to +fight and conquer Jove himself, were so alarmed at the sound, that +they began to sue for peace. It was arranged that three men, leaving +the rest behind, should return with our men to the ships, and so they +started. But as our men not only could not run as fast as the giants, +but could not even run as fast as the giants could walk, two of the +three, seeing a wild ass grazing on a mountain at some distance, +as they were going along, ran off after it and so escaped. The third +was brought to the ships, but in a few days he died, having starved +himself after the Indian fashion through homesickness. And although +the admiral returned to that cottage, in order to make another of the +giants prisoner, and bring him to the emperor, as a novelty, no one was +found there, as all of them had removed elsewhere, and the cottage had +disappeared. Hence it is plain that this nation is a nomad race, and +although our men remained some time in that bay, as we shall presently +mention, they never again saw an Indian on that coast; nor did they +think that there was anything in that country that would make it worth +while to explore the inland districts any further. And though Magellan +was convinced that a longer stay there would be of no use, yet since +for some days the sea was very rough and the weather tempestuous, and +the land extended still further southward, so that the farther they +advanced, the colder they would find the country, their departure was +unavoidably put off from day to day, till the month of May arrived, +at which time the winter sets in with great severity in those parts, +so much so, that, though it was our summer-time, they had to make +preparations for wintering there. Magellan, perceiving that the voyage +would be a long one, in order that the provisions might last longer, +ordered the rations to be diminished. The Spaniards endured this with +patience for some days, but alarmed at the length of the winter and +the barrenness of the land, at last petitioned their admiral Magellan, +saying that it was evident that this continent extended an indefinite +distance south-wards, and that there was no hope of discovering the +end of it, or of discovering a strait; that a hard winter was setting +in, and that several men had already died through scanty food and +the hardships of the voyage; that they would not long be able to +endure that restriction of provisions which he had enacted; that +the emperor never intended that they should obstinately persevere in +attempting to do what the natural circumstances of the case rendered +it impossible to accomplish; that the toils they had already endured +would be acknowledged and approved, since they had already advanced +further than the boldest and most adventurous navigators had dared to +do; that, if a south wind should spring up in a few days, they might +easily sail to the north, and arrive at a milder climate. In reply, +Magellan, who had already made up his mind either to carry out his +design, or to die in the attempt, said that the emperor had ordered +him to sail according to a certain plan, from which he could not and +would not depart on any consideration whatever, and that therefore +he should continue this voyage till he found either the end of this +continent, or a strait. That though he could not do this at present, +as the winter prevented him, yet it would be easy enough in the summer +of this region; that if they would only sail along the coast to the +south, the summer would be all one perpetual day; that they had means +of providing against want of food and the inclemency of the weather, +inasmuch as there was a great quantity of wood, that the sea produced +shell-fish, and numerous sorts of excellent fish; that there were +springs of good water, and they could also help their stores by hunting +and by shooting wild fowl; that bread and wine had not yet run short, +and would not run short in future, provided that they used them for +necessity and for the preservation of health, and not for pleasure +and luxury: that nothing had yet been done worthy of much admiration, +nor such as could give them a reasonable ground for returning; that +the Portuguese not only yearly, but almost daily, in their voyages +to the east, made no difficulty about sailing twelve degrees south +of the tropic of Capricorn: what had they then to boast of, when +they had only advanced some four degrees south of it; that he, for +his part, had made up his mind to suffer anything that might happen, +rather than to return to Spain with disgrace; that he believed that +his companions, or at any rate, those in whom the generous spirit of +Spaniards was not totally extinct, were of the same way of thinking: +that he had only to exhort them fearlessly to face the remainder +of winter; that the greater their hardships and dangers were, the +richer their reward would be for having opened up for the emperor a +new world rich in spices and gold. + +Magellan thought that by this address he had soothed and encouraged the +minds of his men, but within a few days he was troubled by a wicked +and disgraceful mutiny. For the sailors began to talk to one another +of the long-standing ill-feeling existing between the Portuguese and +the Castilians, and of Magellan's being a Portuguese; that there was +nothing that he could do more to the credit of his own country than +to lose this fleet with so many men on board: that it was not to be +believed that he wished to find the Moluccas, even if he could, but +that he would think it enough if he could delude the emperor for some +years by holding out vain hopes, and that in the meanwhile something +new would turn up, whereby the Castilians might be completely put out +of the way of looking for spices: nor indeed was the direction of +the voyage really towards the fertile Molucca islands, but towards +snow and ice and everlasting bad weather. Magellan was exceedingly +irritated by these conversations, and punished some of the men, +but with somewhat more severity than was becoming to a foreigner, +especially to one holding command in a distant part of the world. So +they mutinied and took possession of one of the ships, and began to +make preparations to return to Spain, but Magellan, with the rest +of his men who had remained faithful to him, boarded that ship, +and executed the ringleader and other leading mutineers, even some +who could not legally be so treated: for they were royal officials, +who were only liable to capital punishment by the emperor and his +council. However under the circumstances no one ventured to resist. Yet +there were some, who whispered to one another, that Magellan would go +on exercising the same severity amongst the Castilians, as long as one +was left, until having got rid of everyone of them, he could sail home +to his own country again with the few Portuguese he had with him. The +Castilians therefore remained still more hostile to the admiral. As +soon as Magellan observed that the weather was less stormy and that +winter began to break up, he sailed out of St. Julian's Bay on the +twenty-fourth of August, 1520, as before. For some days he coasted +along to the southward and at last sighted a cape, which they called +Cape Santa Cruz. Here a storm from the east caught them, and one of the +five ships was driven on shore and wrecked, but the crew and all goods +on board were saved, except an African slave, who was drowned. After +this the coast seemed to stretch a little south eastwards, and as +they continued to explore it, on the twenty-sixth of November [1520] +an opening was observed having the appearance of a strait; Magellan +at once sailed in with his whole fleet, and seeing several bays in +various directions, directed three of the ships to cruise about to +ascertain whether there was any way through, undertaking to wait for +them five days at the entrance of the strait, so that they might report +what success they had. One of these ships was commanded by Alvaro de +Mezquita, son of Magellan's brother, and this by the windings of the +channel came out again into the ocean whence it had set out. When +the Spaniards [225] saw that they were at a considerable distance +from the other ships, they plotted among themselves to return home, +and having put Alvaro their captain in irons, they sailed northwards, +and at last reached the coast of Africa, and there took in provisions, +and eight months after leaving the other ships they arrived in Spain, +where they brought Alvaro to trial on the charge that it had chiefly +been through his advice and persuasion that his uncle Magellan had +adopted such severe measures against the Castilians. Magellan waited +some days over the appointed time for this ship, and meanwhile one +ship had returned, and reported that they had found nothing but +a shallow bay, and the shores stony and with high cliffs; but the +other reported that the greatest bay had the appearance of a strait, +as they had sailed on for three days and had found no way out, but +that the further they went the narrower the passage became, and it +was so deep, that in many places they sounded without finding the +bottom; they also noticed from the tide of the sea, that the flow +was somewhat stronger than the ebb, and thence they conjectured +that there was a passage that way into some other sea. On hearing +this Magellan determined to sail along this channel. This strait, +though not then known to be such, was of the breadth in some places +of three, in others of two, in others of five or ten Italian miles, +[226] and inclined slightly to the west. The latitude south was found +to be fifty-two degrees, the longitude they estimated as the same as +that of St. Julian's Bay. It being now hard upon the month of November, +the length of the night was not much more than five hours; they saw no +one on the shore. One night however a great number of fires was seen, +especially on the left side, whence they conjectured that they had +been seen by the inhabitants of those regions. But Magellan, seeing +that the land was craggy, and bleak with perpetual winter, did not +think it worth while to spend his time in exploring it, and so with +his three ships continued, his voyage along the channel, until on the +twenty-second day after he had set sail, he came out into another +vast and open sea: the length of the strait they reckoned at about +one hundred Spanish miles. The land which they had to the right was +no doubt the continent we have before mentioned [South America]. On +the left hand they thought that there was no continent, but only +islands, as they occasionally heard on that side the reverberation +and roar of the sea at a more distant part of the coast. Magellan saw +that the main land extended due north, and therefore gave orders to +turn away from that great continent, leaving it on the right hand, +and to sail over that vast and extensive ocean, which had probably +never been traversed by our ships or by those of any other nation, +in a northwesterly direction, so that they might arrive at last at the +Eastern Ocean, coming at it from the west, and again enter the torrid +zone, for he was satisfied that the Moluccas were in the extreme east, +and could not be far off the equator. They continued in this course, +never deviating from it, except when compelled to do so now and then +by the force of the wind; and when they had sailed on this course for +forty days across the ocean with a strong wind, mostly favourable, +and had seen nothing all around them but sea, and had now almost +reached again the Tropic of Capricorn, they came in sight of two +islands, [227] small and barren, and on directing their course to +them found that they were uninhabited; but they stayed there two +days for repose and refreshment, as plenty of fish was to be caught +there. However they unanimously agreed to call these islands the +Unfortunate Islands. Then they set sail again, and continued on the +same course as before. After sailing for three months and twenty days +with good fortune over this ocean, and having traversed a distance +almost too long to estimate, having had a strong wind aft almost the +whole of the time, and having again crossed the equator, they saw an +island, which they afterwards learnt from the neighboring people was +called Inuagana. [228] When they came nearer to it, they found the +latitude to be eleven degrees north; the longitude they reckoned to +be one hundred and fifty-eight degrees west of Cadiz. From this point +they saw more and more islands, so that they found themselves in an +extensive archipelago, but on arriving at Inuagana, they found it was +uninhabited. Then they sailed towards another small island, where they +saw two Indian canoes, for such is the Indian name of these strange +boats; these canoes are scooped out of the single trunk of a tree, +and hold one or at most two persons; and they are used to talk with +each other by signs, like dumb people. They asked the Indians what the +names of the islands were, and whence provisions could be procured, +of which they were very deficient; they were given to understand that +the first island they had seen was called Inuagana, that near which +they then were, Acacan, [229] but that both were uninhabited; but that +there was another island almost in sight, in the direction of which +they pointed, called Selani, [230] and that abundance of provisions +of all sorts was to be had there. Our men took in water at Acacan, and +then sailed towards Selani, but a storm caught them so that they could +not land there, but they were driven to another island called Massana, +[231] where the king of three islands resides. From this island they +sailed to Subuth [Zebu], a very large island, and well supplied, where +having come to a friendly arrangement with the chief they immediately +landed to celebrate divine worship according to Christian usage--for +the festival of the resurrection of Him who has saved us was at +hand. Accordingly with some of the sails of the ships and branches +of trees they erected a chapel, and in it constructed an altar in +the Christian fashion, and divine service was duly performed. The +chief and a large crowd of Indians came up, and seemed much pleased +with these religious rites They brought the admiral and some of the +officers into the chief's cabin, and set before them what food they +had. The bread was made of sago, which is obtained from the trunk of a +tree not much unlike the palm. This is chopped up small, and fried in +oil, and used as bread, a specimen of which I send to your lordship; +their drink was a liquor which flows from the branches of palm-trees +when cut, some birds also were served up at this meal; and also some +of the fruit of the country. Magellan having noticed in the chief's +house a sick person in a very wasted condition, asked who he was and +from what disease he was suffering. He was told that it was the chief's +grandson, and that he had been suffering for two years from a violent +fever. Magellan exhorted him to be of good courage, that if he would +devote himself to Christ, he would immediately recover his former +health and strength. The Indian consented and adored the cross, and +received baptism, and the next day declared that he was well again, +rose from his bed, and walked about, and took his meals like the +others. What visions he may have told to his friends I cannot say; +but the chief and over twenty-two hundred Indians were baptized and +professed the name and faith of Christ. Magellan seeing that this +island was rich in gold and ginger, and that it was so conveniently +situated with respect to the neighboring islands, that it would be +easy, making this his headquarters, to explore their resources and +natural productions, he therefore went to the chief of Subuth and +suggested to him, that since he had turned away from the foolish and +impious worship of false gods to the Christian religion, it would be +proper that the chiefs of the neighboring islands should obey his rule; +that he had determined to send envoys for this purpose, and if any of +the chiefs should refuse to obey this summons, to compel them to do +so by force of arms. The proposal pleased the savage, and the envoys +were sent: the chiefs came in one by one and did homage to the chief +of Subuth in the manner adopted in those countries. But the nearest +island to Subuth is called Mauthan [Matan], and its king was superior +in military force to the other chiefs; and he declined to do homage +to one whom he had been accustomed to command for so long. Magellan, +anxious to carry out his plan, ordered forty of his men, whom he could +rely on for valor and military skill, to arm themselves, and passed +over to the island Mauthan in boats, for it was very near. The chief +of Subuth furnished him with some of his own people, to guide him +as to the topography of the island and the character of the country, +and, if it should be necessary, to help him in the battle. The king of +Mauthan, seeing the arrival of our men, led into the field some three +thousand of his people. Magellan drew up his own men and what artillery +he had, though his force was somewhat small, on the shore, and although +he saw that his own force was much inferior in numbers, and that his +opponents were a warlike race, and were equipped with lances and other +weapons, nevertheless thought it more advisable to face the enemy with +them, than to retreat, or to avail himself of the aid of the Subuth +islanders. Accordingly he exhorted his men to take courage, and not +to be alarmed at the superior force of the enemy; since it had often +been the case, as had recently happened in the island [peninsula] +of Yucatan, that two hundred Spaniards had routed two or even three +hundred thousand Indians. He said to the Subuth islanders, that he +had not brought them with him to fight, but to see the valour and +military prowess of his men. Then he attacked the Mauthan islanders, +and both sides fought boldly; but as the enemy surpassed our men +in number, and used longer lances, to the great damage of our men, +at last Magellan himself was thrust through and slain. [232] Although +the survivors did not consider themselves fairly beaten, yet, as they +had lost their leader, they retreated; but, as they retreated in good +order, the enemy did not venture to pursue them. The Spaniards then, +having lost their admiral, Magellan, and seven of their comrades, +returned to Subuth, where they chose as their new admiral John Serrano, +a man of no contemptible ability. He renewed the alliance with the +chief of Subuth, by making him additional presents, and undertook to +conquer the king of Mauthan. Magellan had been the owner of a slave, +a native of the Moluccas, whom he had formerly bought in Malacca; +and by means of this slave, who was able to speak Spanish fluently, +and of an interpreter of Subuth, who could speak the Moluccan language, +our men carried on their negotiations. This slave had taken part in +the fight with the Mauthan islanders, and had been slightly wounded, +for which reason he lay by all day intending to nurse himself. Serrano, +who could do no business without his help, rated him soundly, and +told him that though his master Magellan was dead, he was still a +slave, and that he would find that such was the case, and would get +a good flogging into the bargain, if he did not exert himself and do +what was required of him more zealously. This speech much incensed +the slave against our people: but he concealed his anger and in +a few days he went to the chief of Subuth, and told him that the +avarice of the Spaniards was insatiable: that they had determined, +as soon as they should have defeated the king of Mauthan, to turn +round upon him, and take him away as a prisoner; and that the only +course for him [the chief of Subuth] to adopt was to anticipate +treachery by treachery. The savage believed this, and secretly came +to an understanding with the king of Mauthan, and made arrangements +with him for common action against our people. Admiral Serrano, +and twenty-seven of the principal officers and men, were invited to +a solemn banquet. These, quite unsuspectingly, for the natives had +carefully dissembled their intentions, went on shore without any +precautions, to take their dinner with the chief. While they were +at table, some armed men, who had been concealed close by, ran in +and slew them. A great outcry was made: it was reported in our ships +that our men were killed, and that the whole island was hostile to +us; our men saw, from on board the ships, that the handsome cross, +which they had set up in a tree, was torn down by the natives and cut +up into fragments. When the Spaniards, who had remained on board, +heard of the slaughter of our men, they feared further treachery: +so they weighed anchor and began to set sail without delay. Soon +afterwards Serrano was brought to the coast a prisoner; he entreated +them to deliver him from so miserable a captivity, saying that he +had got leave to be ransomed, if his men would agree to it. Although +our men thought it was disgraceful to leave their commander behind +in this way, their fear of the treachery of the islanders was so +great, that they put out to sea, leaving Serrano on the shore in vain +lamenting and beseeching his comrades to rescue him. The Spaniards, +having lost their commander and several of their comrades, sailed on +sad and anxious, not merely on account of the loss they had suffered, +but also because their numbers had been so diminished, that it was +no longer possible to work the three remaining ships. + +On this question they consulted together, and unanimously came to the +conclusion, that the best plan would be to burn one of the ships, +and to sail home in the two remaining. They therefore sailed to a +neighboring island, called Cohol [Bohol], and having put the rigging +and stores of one of the ships on board the two others, set it on +fire. Hence they proceeded to the island of Gibeth. [233] Although +they found that this island was well supplied with gold and ginger +and many other things, they did not think it desirable to stay there +any length of time, as they could not establish friendly relations +with the natives; and they were too few in number to venture to use +force. From Gibeth they proceeded to the island of Porne [Borneo]. In +this archipelago there are two large islands: one of which is called +Siloli [Gilolo], whose king had six hundred children. Siloli is larger +than Porne, for Siloli can hardly be circumnavigated in six months, +but Porne in three months. Although Siloli is larger than Porne, +yet the latter is more fertile, and distinguished as containing a +large city of the same name as the island. And since Porne must be +considered to be more important than the other islands, which they +had hitherto visited, and it was from it that the other islanders +had learnt the arts of civilized life, I have determined to describe +briefly the manners and customs of these nations. All these islanders +are Caphrae or Kafirs, _i.e.,_ heathens, they worship the sun and moon +as gods; they assign the government of the day to the sun, and that +of the night to the moon; the sun they consider to be male, and the +moon female, and that they are the parents of the other stars, all +of which they consider to be gods, though little ones. They salute, +rather than adore, the rising sun, with certain hymns. Also they +salute the bright moon at night, from whom they ask for children, +for the increase of their flocks and herds, for an abundant supply of +the fruits of the earth, and for other things of that sort. But they +practice piety and justice: and especially love peace and quiet, and +have great aversion to war. As long as their king maintains peace, they +show him divine honours: but if he is anxious for war, they never rest +till he is slain by the enemy in battle. When the king has determined +on war, which very seldom happens, his men set him in the front rank, +where he has to stand the whole brunt of the combat; and they do not +exert themselves vigorously against the enemy, till they know that +the king has fallen: then they begin to fight for liberty and for +their new king: nor has any king of theirs entered on a war without +being slain in battle. For this reason they seldom engage in war, and +they think it unjust to extend their frontiers. Their chief care is to +avoid giving offence to the neighboring nations or to strangers. But if +at any time they are attacked, they retaliate; and yet, lest further +ill should arise, they at once endeavor to come to terms. They think +that party acts most creditably, which is the first to propose terms +of peace; that it is disgraceful to be anticipated in so doing; and +that it is scandalous and detestable to refuse peace to those who ask +for it, even though the latter should have been the aggressors: all +the neighboring people unite in destroying such refusers of peace as +impious and abominable. Hence they mostly pass their lives in peace +and leisure. Robberies and murders are quite unknown among them. No +one may speak to the king but his wives and children, except at a +distance by hollow canes, which they apply to his ear, and through +which they whisper what they have to say. They think that at death +men have no perception as they had none before they were born. Their +houses are small, built of wood and earth, covered partly with rubble +and partly with palm-leaves. It is ascertained that there are twenty +thousand houses in the city of Porne. They marry as many wives as +they can afford to keep; they eat birds and fish; make bread of rice; +and drink a liquor drawn from the palm tree--of which we have spoken +before. Some carry on trade with the neighbouring islands, to which +they sail in junks, some are employed in hunting and shooting, some in +fishing, some in agriculture: their clothes are made of cotton. Their +animals are nearly the same as ours, excepting sheep, oxen, and asses: +their horses are very slight and small. They have a great supply of +camphor, ginger, and cinnamon. On leaving this island our men, having +paid their respects to the king, and propitiated him by presents, +sailed to the Moluccas, their way to which had been pointed out to +them by the king. Then they came to the coast of the island of Solo, +[234] where they heard that pearls were to be found as large as doves' +eggs, or even hens' eggs, but that they were only to be had in very +deep water. Our men did not bring home any single large pearl, as they +were not there at the season of the year for pearl-fishing. They said +however that they found an oyster there the flesh of which weighed +forty-seven pounds. Hence I should be disposed to believe that pearls +of the size mentioned would be found there; for it is certain that +large pearls are found in oysters. And, not to forget it, I will add +that our men reported that the islanders of Porne asserted that the +king wore two pearls in his crown as large as goose eggs. After this +they came to the island of Gilona, where they saw some men with such +long ears, that they reached down to their shoulders; and when they +expressed their astonishment, the natives told them, that in an island +not far off, there were men, who had such long and wide ears, that one +ear could, when they liked, cover the whole of their heads. But as our +men were not in search of monsters but of spices, they did not trouble +themselves about such rubbish, but sailed direct for the Moluccas, +where they arrived in the eighth month after their admiral Magellan had +been slain in the island of Mauthan. The islands are five in number, +and are called, Tarante, Muthil, Thedori, Mare, and Matthien, [235] +situated partly to the north, partly to the south, and partly on the +equator; the productions are cloves, nutmegs, and cinnamon: they are +all close together, but of small extent. A few years ago the kings [of] +Marmin began to believe that the soul is immortal. They were induced +to believe this solely from the following reason, that they observed +that a certain very beautiful small bird never settled on the earth, +or on anything that was on the earth; but that these birds sometimes +fell dead from the sky to the earth. And when the Mohammedans, who +visited them for trading purposes, declared that these birds came from +Paradise, the place of abode of departed souls, these princes adopted +the Mohammedan faith, which makes wonderful promises respecting this +same paradise. They call this bird Mamuco Diata; and they venerate it +so highly, that the kings think themselves safe in battle under their +protection, even when, according to their custom, they are placed in +the front line of the army in battle. The common people are Kafirs, +and have much the same manners and customs as the islanders of Porne, +already spoken of; they are much in need of supplies from abroad, +inasmuch as their country only produces spices, which they willingly +exchange for the poisonous articles arsenic and sublimated mercury, +and for the linen which they generally wear; but what use they make of +these poisons has not yet been ascertained. They live on sago-bread, +fish, and sometimes parrots; they live in very low-built cabins: in +short, all they esteem and value is peace, leisure, and spices. The +former, the greatest of blessings, the wickedness of mankind seems to +have banished from our part of the world to theirs: but our avarice +and insatiable desire of the luxuries of the table has urged us to +seek for spices even in those distant lands. To such a degree has +the perversity of human nature persisted in driving away as far as +possible that which is conducive to happiness, and in seeking for +articles of luxury in the remotest parts of the world. Our men having +carefully examined the position of the Moluccas, and of each separate +island, and also into the characters of the chiefs, sailed to Thedori, +because they understood that this island produced a greater abundance +of cloves than the others, and also that the king excelled the other +kings in prudence and humanity. Providing themselves with presents +they went on shore, and paid their respect to the king, and handed +him the presents as the gift of the emperor. He accepted the presents +graciously, and looking up to heaven said, "It is now two years since +I learnt from observation of the stars that you were sent by the great +King of kings to seek for these lands. Wherefore your arrival is the +more agreeable to me, inasmuch as it has already been foreseen from the +signification of the stars. And since I know that nothing happens to +man, which has not long since been ordained by the decree of Fate and +of the stars, I will not be the man to resist the determinations of +Fate and the stars, but will spontaneously abdicate my royal power, +and consider myself for the future, as carrying on the government +of this island as your king's viceroy. So bring your ships into the +harbour, and order the rest of your companions to land in safety, so +that now after so much tossing about on the sea, and so many dangers, +you may securely enjoy the comforts of life on shore, and recruit your +strength; and consider yourselves to be coming into your own king's +dominions." Having thus spoken, the king laid aside his diadem, and +embraced each of our men, and directed such refreshments as the country +produced to be set on table. Our men, delighted at this, returned +to their companions, and told them what had taken place. They were +much delighted by the graciousness and benevolence of the king, and +took up their quarters in the island. When they had been entertained +for some days by the king's munificence, they sent envoys thence +to the other kings, to investigate the resources of the islands, +and to secure the good will of the chiefs. Tarante was the nearest; +it is a very small island, its circumference being a little over six +Italian miles. The next is Matthien, and that also is small. These +three produce a great quantity of cloves, but every fourth year +the crop is far larger than at other times. These trees only grow +on precipitous rocks, and they grow so close together as to form +groves. The tree resembles the laurel as regards its leaves, its +closeness of growth, and its height; the clove, so called from its +resemblance to a nail [Latin, _clavus_] grows at the very tip of +each twig; first a bud appears, and then a blossom much like that of +the orange; the point of the clove first shows itself at the end of +the twig, until it attains its full growth; at first it is reddish, +but the heat of the sun soon turns it black. The natives share groves +of this tree among themselves, just as we do vineyards: they keep the +cloves in pits, till the merchants fetch them away. The fourth island, +Muthil, is no larger than the rest. This island produces cinnamon; the +tree is full of shoots, and in other respects fruitless, it thrives +best in a dry soil, and is very much like the pomegranate tree. When +the bark cracks through the heat of the sun, it is pulled off the +tree, and being dried in the sun a short time becomes cinnamon. Near +Muthil is another island, called Bada [Badjan or Batchian], more +extensive than the Moluccas; in it the nutmeg grows. The tree is +tall and wide-spreading, a good deal like a walnut tree; the fruit +too is produced just in the same way as a walnut, being protected +by a double covering, first a soft envelope, and under this a +thin reticulated membrane which encloses the nut. This membrane we +call Muskatbluethe, the Spaniards call it mace, it is an excellent +and wholesome spice. Within this is a hard shell, like that of a +filbert, inside which is the nutmeg properly so called. Ginger also +is produced in all the islands of this archipelago: some is sown, +some grows spontaneously; but the sown ginger is the best. The plant +is like the saffron-plant, and its root, which resembles the root of +saffron, is what we call ginger. Our men were kindly received by the +various chiefs, who all, after the example of the King of Thedori, +spontaneously submitted themselves to the imperial government. But +the Spaniards, having now only two ships, determined to bring with +them specimens of all sorts of spices, etc., but to load the ships +mainly with cloves, because there had been a very abundant crop of it +this season, and the ships could contain a great quantity of this kind +of spice. Having laden their ships with cloves, and received letters +and presents from the chiefs to the emperor, they prepared to sail +away. The letters were filled with assurances of fidelity and respect: +the gifts were Indian swords, etc. The most remarkable curiosities +were some of the birds, called Mamuco Diata, that is the Bird of God, +with which they think themselves safe and invincible in battle. Five of +these were sent, one of which I procured from the captain of the ship, +and now send it to your lordship--not that you will think it a defence +against treachery and violence, but because you will be pleased with +its rarity and beauty. I also send some cinnamon, nutmegs, and cloves, +that you may see that our spices are not only not inferior to those +imported by the Venetians and Portuguese, but of superior quality, +because they are fresher. Soon after our men had sailed from Thedori, +the larger of the two ships [the Trinidad] sprang a leak, which let +in so much water, that they were obliged to return to Thedori. The +Spaniards seeing that this defect could not be put right except with +much labor and loss of time, agreed that the other ship [the Victoria] +should sail to the Cape of Cattigara, thence across the ocean as far +as possible from the Indian coast, lest they should be seen by the +Portuguese, until they came in sight of the southern point of Africa, +beyond the tropic of Capricorn, which the Portuguese call the Cape of +Good Hope, for thence the voyage to Spain would be easy. It was also +arranged that, when the repairs of the other ship were completed, +it should sail back through the archipelago and the Vast [Pacific] +Ocean to the coast of the continent which we have already mentioned +[South America], until they came to the Isthmus of Darien, where +only a narrow neck of land divides the South Sea from the Western +Sea, in which are the islands belonging to Spain. The smaller ship +accordingly set sail again from Thedori, and though they went as far +as twelve degrees south, they did not find Cattigara, [236] which +Ptolemy considered to lie considerably south of the equator; however +after a long voyage, they arrived in sight of the Cape of Good Hope, +and thence sailed to the Cape Verde Islands. Here this ship also, +after having been so long at sea, began to be leaky, and the men, +who had lost several of their companions through hardships in the +course of their adventures, were unable to keep the water pumped +out. They therefore landed at one of the islands called Santiago, to +buy slaves. As our men, sailor-like, had no money, they offered cloves +in exchange for slaves. When the Portuguese officials heard of this, +they committed thirteen of our men to prison. The rest, eighteen +in number, being alarmed at the position in which they found +themselves, left their companions behind, and sailed direct to +Spain. Sixteen months after they had sailed from Thedori, on the sixth +of September 1522 they arrived safe and sound at a port [San Lucar] +near Seville. These sailors are certainly more worthy of perpetual +fame, than the Argonauts who sailed with Jason to Colchis; and the +ship itself deserves to be placed among the constellations more than +the ship Argo. For the Argo only sailed from Greece through the Black +Sea; but our ship setting put from Seville sailed first southwards, +then through the whole of the West, into the Eastern Seas, then back +again into the Western. + +I humbly commend myself to your Most Reverend Lordship. + +Written at Valladolid twenty-fourth of October 1522. + +Your Most Reverend and Most Illustrious Lordship's + +Most humble and perpetual servant, + +_Maximilianus Transylvanus_. + +Cologne--[printed] at the house of Eucharius Cervicornus. A.D. 1523--in +the month of January. + + + + +Bibliographical Data + + +_The Line of Demarcation_ + +_Papal Bulls of 1493_.--The originals of the bulls of May 3 and 4 +exist in the archives of the Vatican; and authenticated copies are +in the Archivo general de Indias at Seville, their pressmark being +"Patronato, Simancas--Bulas; Est. 1, caj. 1, leg. 1." The Archivo +Nacional of Lisbon (which is housed in the Torre do Tombo) has +one of the originals of the Bull of May 4--pressmark, "Gaveta 10, +maco 11, n deg.. 16." The _Inter caetera_ of May 3 was not known to be in +existence until 1797, when it was discovered by Munoz in the Simancas +archives (from which many documents have since been transferred +to the archives at Seville); in recent years it has been found in +those of the Vatican also. There is in the British Museum a MS. copy +(in Spanish translation) of the Bull of May 4--its pressmark being +"Papeles varias de Indias, 13,977." The Bull of September 25 is +known only through the Spanish translation made (August 30, 1554) +by Grecian de Aldrete, secretary of Felipe II of Spain; this is at +Seville, with pressmark as above. Harrisse could not find the Latin +original of this document at Simancas Seville, or Rome. For the bulls +of May 3 and 4 our translation is made from the Latin text given in +Heywood's _Documenta selecta et tabulario secreto Vaticano_ (Roma, +1893), pp.14-26; that contains also photographic facsimiles of the +original bulls. Certain formal ecclesiastical phrases which Heywood +only indicates by "etc." have been, for the sake of completeness, +translated in full in the first bull. The bulls are also published in +Raynaldi's _Annales ecclesiastici_ (Lucae, Typis Leonardi Venturini, +MDCCLIV), xi, pp. 213-215; Hernaez's _Colecion de bulas, breves_, +etc. (Bruselas, 1879), i, pp. 12-16; _Doc. ined. Amer. y Oceania_, +xxxiv, pp. 14-21; and in _Fonti Italiani_ (Roma, 1892), part iii. The +bull _Inter caetera_ of May 3 may also be found in Navarrete's _Col. de +viages_, ii, pp. 23-27 (ed. 1825; or pp. 29-33, ed. 1859); _Eximiae_ +of same date, in Solorzano's _De jure Indiarum_ (Madrid, 1629), i, +pp. 612, 613. _Inter caetera_ of May 4 is also given in Solorzano, +p. 610; _Alguns documentos_, (Lisboa, MDCCCXCII), pp. 65-68; and +Calvo's _Recueil complet de traites de l'Amerique latine_ (Paris, +1862), i (premiere periode), pp. 1-15, in both Latin and Spanish +versions. For the Bull of September 25 we have used the Spanish +text, which Navarrete gives _ut supra_, pp. 404-406 (449-451, +2d ed.)--Solorzano's Latin version, which has been followed by +Hernaez and other editors, being probably only a retranslation +from the Spanish. For good discussions of these bulls and of the +Demarcation Line, with abundant citations of authorities, see Bourne's +"Demarcation Line of Pope Alexander VI," in _Amer. Hist. Assn. Rep_., +1891, pp. 101-130 (republished in _Yale Review_, May, 1892), and in +his _Essays in Historical Criticism_ (N. Y., 1901), pp. 193-217; +S.E. Dawson's "Lines of Demarcation of Pope Alexander VI, and the +Treaty of Tordesillas," in _Canad. Roy. Soc. Trans_., 1899, sec. ii, +pp. 467-546; and Harrisse's _Diplomatic History of America_ (London, +1897). + +_Treaty of Tordesillas_ (June 7, 1494).--The original MS. of this +document is in the Seville archives--pressmark, "Simancas--Bulas; +est. 1, caj. 1, leg. 1." It is also found in the Torre do Tombo +of Lisbon--its pressmark being "Gaveta 17, maco 2, n deg.. 24;" there +is another copy--pressmark "Gaveta 18, maco 2, n deg.. 2"--apparently +a duplicate of the former. The text of the treaty is published in +G. F_a_ de Martens's _Traites de l'Europe, Supplement_ (Gottingue, +1802), i, pp. 372-388; Navarrete's _Col. de viages_, ii, pp. 130-143 +(147-162, 2nd ed.); _Alguns documentos,_ pp. 69-80; Calvo's _Recueil +de traites_, i, pp. 16-36; and _Doc. ined. Amer. y Oceania_, xxxvi, +pp. 54-74. Our translation is made from the version in _Alguns +documentos_, as that most closely following the original; and in +foot-notes are indicated some of the variations of Navarrete's text +from that in _Alguns documentos_. + +_Compact between the monarchs of Spain and Portugal_ (April 15, +1495).--The original MS. of this document is in the Seville +archives "Patronato Real." We translate from Navarrete, _ut +supra_, ii, pp. 170-173 (192-195, 2d ed.). It is published also in +_Doc. ined. Amer. y Oceania_, xxxviii, pp. 336-341. + +_Papal Bull, Praecelsae_ (Nov. 3, 1514).--The original of this bull +exists in Torre do Tombo, Lisbon--pressmark, "Maco 20 de bullas, +n deg.. 18;" it is written on parchment, and covers twenty folios. It +is printed in full in _Corpo diplomatico portuguez_ (Lisboa, 1862), +i, pp. 275-298; and a brief synopsis is given (in Portuguese) in +_Alguns documentos_, p. 366. We present a similar synopsis, with a +short extract from the bull. + +_Letters of Carlos I_ (1523).--The originals of these documents are in +the Seville archives, in "Patronato Real." We translate from the text +in Navarrete, _ut supra_, vol. iv (1837), as follows: instructions +to the ambassadors, pp. 301-305; letter to Zuniga, pp. 312-320. + +_Treaty of Vitoria_ (Feb. 19, 1524).--The original is in the +Seville archives--pressmark, "Papeles del Maluco, de 1519 a 1547, +leg deg.. 1 deg.." The translation here published is made from Navarrete, +_ut supra_, pp. 320-326. + +_Junta of Badajoz_ (April-May, 1524).--The originals of these documents +are at Seville, in the "Patronato Real." The copies made therefrom +by Juan Bautista Munoz, in pursuance of orders given him by Carlos +IV to write a history of Spanish discovery and conquest, are in the +library of the Real Academia de la Historia, Madrid. Our translations +and synopses are made from Navarrete's text, _ut supra_, as follows: +extract from the records of possession and ownership, pp. 355-368; +opinions of Spanish astronomers and pilots, pp. 333-355; letters to +Spanish deputies, pp. 326-333. + +_Treaty of Zaragoza_ (April 22, 1529).--The original of this +document is in Torre do Tombo, Lisbon--pressmark, "Gaveta 18, maco 8, +n deg.. 29." Our translation is made from the text in _Alguns documentos_, +pp. 495-512. This treaty has been published also in Navarrete, _ut +supra_, pp. 389-406; and in Martens's _Supp. Traites de l'Europe_, +i, pp. 398-421. It was appended to the treaty of 1750 between Spain +and Portugal. + +_Papal Bull, Eximiae_ (Nov. 16, 1501) + +Our translation is made from Navarrete, _ut supra_, ii, pp. 408, 409 +(454, 455, 2d ed.). The bull is published also in Hernaez's _Col. de +bulas_, i, pp. 20-25; and in _Doc. ined. Amer. y Oceania_ xxxiv, +pp. 22-29. + +_Life and Voyage of Fernao de Magalhaes_ + +Our resume of various contemporary documents is made from Navarrete, +_ut supra_, iv (1837), pp. 110-406. The MS. of the letter of +authorization to Falero and Magallanes is in Torre do Tombo, +Lisbon--pressmark, "Gaveta 18, maco 8, n deg.. 39." It is published in +_Alguns documentos_, pp. 418, 419, from which our translation is +made. The originals of the letters of 1519 (from copies of which we +translate except instructions to Cartagena, from _Alguns documentos_) +are in Torre do Tombo--their respective pressmarks as follows: letter +of Carlos I to Manuel, "Gaveta 18, maco 5, n deg.. 26;" instructions +to Cartagena, "Corpo chron., parte 3_a_, maco 7, n deg.. 18;" letter of +Carlos I to Magallanes and Falero, "Corpo chron., parte 1_a_, maco +24, n deg.. 64." These letters are published in _Alguns documentos_, +pp. 422-430. The letter of 1522 is translated from a copy of the +original MS. in the Simancas archives--pressmark, "Secretaria de +Estada, leg. 367, fol. 94." + +_De Molvccis Insulis_. The first edition of this book was printed in +January, 1523, at Cologne, by Hirzhorn (Latinized as Cervicornus). In +November, 1523, it was published at Rome by Minitius Calvus, also +second edition February, 1524. There has been much controversy +regarding the priority of the Cologne edition, some writers claiming +that it was really issued in 1524; but the question is apparently +settled by the fact that Johann Schoener cites the book in his +letter (written in 1523) to Reimer von Streitberg (Streytpergk); +see Stevens's _Johann Schoner_ (London, MDCCCLXXXVIII), pp. 99, +153. We reproduce here the translation made by the late Henry Stevens +(_ut supra_, pp. 103-146); it is accompanied therein (pp. 57-90) by +a phototypographic facsimile of the original print. Fuller details +regarding this work will appear in the volume devoted to bibliography, +which will be published at the end of this series. + + + + + +Chronological Tables + +1493-1803 + + + +List of Roman Pontiffs + + +_Alexander VI_ (Rodrigo Borgia, or Lenzuoli).--Born Jan. 1, 1431; +became pontiff, Aug. 11, 1492; died Aug. 18, 1503. + +_Pius III_ (Francesco Todischini Piccolomini).--Born May 9, 1439; +became pontiff, Sept. 22, 1503; died Oct. 18, 1503. + +_Julius II_ (Guiliano della Rovere).--Born Dec. 15, 1443; became +pontiff, Oct. 31 or Nov. 1, 1503; died Feb. 2, 1513. + +_Leo X_ (Giovanni de' Medici).--Born Dec. 11, 1475; became pontiff, +March 11, 1513; died Dec. 1, 1521. + +_Hadrianus VI_ (Florian Boyers).--Born Mar. 2, 1459; became pontiff, +Jan. 9, 1522; died Sept. 14, 1523. + +_Clemens VII_ (Giulio de' Medici).--Born 1475 (?); became pontiff, +Nov. 19, 1523; died Sept. 26, 1534. + +_Paulus III_ (Alessandro Farnese).--Born Feb. 28, 1468; became pontiff, +Oct. 13, 1534; died Nov. 10, 1549. + +_Julius III_ (Giovanni Maria de Ciocchi del Monte).--Born Sept. 10, +1487; became pontiff, Feb. 8, 1550; died Mar. 23, 1555. + +_Marcellus II_ (Marcello Cervini).--Born May 6, 1501; became pontiff, +Apr. 9, 1555; died May 1, 1555. + +_Paulus IV_ (Giovanni Pietro Caraffa).--Born June 28, 1476; became +pontiff, May 23, 1555; died Aug. 18, 1559. + +_Pius IV_ (Giovanni Angelo de' Medici).--Born Mar. 31, 1499; became +pontiff, Dec. 26, 1559; died Dec. 9, 1565. + +_Pius V_ (Michele Ghisleri).--Born Jan. 17, 1504; became pontiff, +Jan. 7, 1566; died May 1, 1572. + +_Gregorius XIII_ (Ugo Buoncompagno).--Born Feb. 7, 1502; became +pontiff, May 13, 1572; died Apr. 10, 1585. + +_Sixtus V_ (Felice Peretto).--Born Dec. 13, 1521; became pontiff, +Apr. 24, 1585; died Aug. 27, 1590. + +_Urbanus VII_ (Giovanni Battista Castagna).--Born Aug. 4, 1521; +became pontiff, Sept. 15, 1590; died Sept. 27, 1590. + +_Gregorius XIV_ (Nicola Sfondrati).--Born Feb. 11, 1535; became +pontiff, Dec. 5, 1590; died Oct. 15, 1591. + +_Innocentius IX_ (Giovanni Antonio Facchinetti).--Born July 20, 1519; +became pontiff, Oct. 29, 1591; died Dec. 30, 1591. + +_Clemens VIII_ (Ippolito Aldobrandini).--Born Feb. 24, 1536; became +pontiff, Jan. 30, 1592; died Mar. 3, 1605. + +_Leo XI_ (Alessandro Ottaviano de' Medici).--Born 1535; became pontiff, +Apr. 1, 1605; died Apr. 27, 1605. + +_Paulus V_ (Camillo Borghese).--Born Sept. 17, 1552; became pontiff, +May 16, 1605; died Jan. 28, 1621. + +_Gregorius XV_ (Alessandro Ludovisio).--Born Jan. 9, 1554; became +pontiff, Feb. 9, 1621; died July 8, 1623. + +_Urbanus VIII_ (Maffeo Barberini).--Born Mar. 26, 1568; became pontiff, +Aug. 6, 1623; died July 29, 1644. + +_Innocentius X_ (Giovanni Battista Pamfilio).--Born Mar. 7, 1572 +(or 1573); became pontiff, Sept. 15, 1644; died Jan. 7, 1655. + +_Alexander VII_ (Fabio Chigi).--Born Feb. 13, 1599; became pontiff, +Apr. 7, 1655; died May 22, 1667. + +_Clemens IX_ (Giulio Rospigliosi).--Born Jan. 28, 1600; became pontiff, +June 20, 1667; died Dec. 9, 1669. + +_Clemens X_ (Giovanni Battista Emilio Altieri).--Born July 15, 1590; +became pontiff, Apr. 29, 1670; died July 22, 1676. + +_Innocentius XI_ (Benedetto Odescalchi).--Born May 16, 1611; became +pontiff, Sept. 21, 1676; died Aug. 12, 1689. + +_Alexander VIII_ (Pietro Ottoboni).--Born Apr. 10, 1610; became +pontiff, Oct. 6, 1689; died Feb. 1, 1691. + +_Innocentius XII_ (Antonio Pignatelli).--Born Mar. 13, 1615; became +pontiff, July 12, 1691; died Sept. 27, 1700. + +_Clemens XI_ (Giovanni Francesco Albani).--Born July 23, 1649; became +pontiff, Nov. 23, 1700; died Mar. 19, 1721. + +_Innocentius XIII_ (Michel Angelo Conti).--Born May 15, 1655; became +pontiff, May 8, 1722; died Mar. 7, 1724. + +_Benedictus XIII_ (Vicenzo Marco Orsino).--* Born Feb. 2, 1649; +became pontiff, May 29, 1724; died Feb. 21, 1730. + +_Clemens XII_ (Lorenzo Corsini).--Born Apr. 11 (?), 1652; became +pontiff, July 12, 1730; died Feb. 6, 1740. + +_Benedictus XIV_ (Prospero Lambertini).--Born Mar. 31, 1675; became +pontiff, Aug. 17, 1740; died May 3, 1758. + +_Clemens XIII_ (Carlo Rezzonico).--Born Mar. 17, 1693; became pontiff, +July 6, 1758; died Feb. 2, 1769. + +_Clemens XIV_ (Giovanni Vincenzo Antonio Ganganelli).--Born Oct. 31, +1705; became pontiff, May 19, 1769; died Sept. 22, 1774. + +_Pius VI_ (Giovanni Angelo Braschi).--Born Dec. 27, 1717; became +pontiff, Feb. 15, 1775; died Aug. 29, 1799. + +_Pius VII_ (Gregorio Barnaba Luigi Chiaramonti).--Born Aug. 14, 1742; +became pontiff, Mar. 14, 1800; died Aug. 20, 1823. + + + +List of the Rulers of Spain + + +House of Castilla and Aragon + +_Isabel I of Castilla_.--Born at Madrigal de las Altas Torres +(Avila), April 22, 1451; daughter of Juan II of Castilla and Isabel of +Portugal. Married Fernando II of Aragon, Oct. 18 or 19, 1469. Succeeded +her brother Enrique IV on the throne of Castilla and Leon; proclaimed +queen Dec. 13, 1474. Died at Medina del Campo (Valladolid), Nov. 26, +1504. Named as her heirs her daughter Juana and the latter's husband, +Philip of Austria; and appointed Fernando (now V of Castilla) regent of +Castilla and Leon during the minority of Juana's son Carlos. Fernando +and Isabel were styled "the Catholic Sovereigns." + +_Fernando V of Castilla_ (II of Aragon and Navarra).--Born at Sos +(Zaragoza), May 10, 1452; son of Juan II and Juana Enriquez of Aragon +and Navarra. Died at Madrigalejo, Jan. 23, 1516. During Isabel's life, +was king-consort, and governed her dominions only by virtue of this +relation; after her death, was regent only of Castilla, which dignity +he held until his death, except from June 27, 1506, to Aug. 21, 1507, +during which period he retired to Aragon, in favor of Juana's husband +Philip. Inheriting the throne of Aragon and Navarra (Jan. 20, 1479), +his marriage with Isabel (1469) and their conquest of Granada (1492) +united under one monarchy the provinces now comprised in the country +of Spain. + +_Juana_.--Born at Toledo, in 1479; second daughter of Isabel and +Fernando. Married Philip of Austria, Oct. 20 or 21, 1496. Died at +Tordesillas, April 11, 1555. Reigned from Nov. 26, 1504, until her +death--jointly with her husband, during his life; and with her son +thereafter--but under her father's regency until 1516; during her reign +she was more or less subject to insanity, and was but nominally queen, +seldom exercising royal powers, and living in strict seclusion. Known +as "la Loca," "the Mad." + + +House of Austria + +_Felipe I_ (Philip of Austria).--Born at Bruges, July 22, 1478; son +of Maximilian I, emperor of Germany, and Maria de Borgona. By his +marriage to Juana, was king-consort of Castilla from Nov. 26, 1504, +until his death. Died at Burgos, Sept. 25, 1506. Styled "el Hermoso," +"the Beautiful." + +_Carlos I_ (Charles V, emperor of Germany).--Born at Ghent, Feb. 25, +1500; son of Felipe I and Juana. Landed in Spain in 1517. Married +Isabel of Portugal (daughter of Manoel), March 11, 1526. Abdicated in +favor of his son Felipe II, Jan. 16, 1556; died at monastery of Yuste, +Aug. 30, 1558. Elected Emperor of Germany in June, 1519. Reigned +over Spain jointly with Juana. During his minority, Fernando was +regent until his death (1516); thereafter Cardinal Jiminez (Ximenes) +de Cisneros acted in that capacity until the latter's death (Nov. 8, +1517); with the cardinal was associated, nominally, Adrian, dean +of Louvain. + +_Felipe II_.--Born at Vallodolid, May 21, 1527; son of Carlos I and +Isabel. Married Maria, daughter of Joao III of Portugal, Nov. 15, +1543; Mary Tudor of England, July 25, 1554; Marie Elisabeth of +Valois, Feb. 2, 1560; Anna of Austria, in 1570. Acted as regent +for his father from June 23, 1551 until March 28, 1556, when he was +proclaimed king. Died at the Escorial, Sept. 13, 1598. Became king +of Portugal in April, 1581, taking the oath at Lisbon. + +_Felipe III_.--Born at Madrid, April 14, 1578; son of Felipe II and +Anna of Austria. Married Margaret of Austria, Nov. 13, 1598, two +months after his accession to the throne. Died at Madrid, March 31, +1621. Surnamed "el Piadoso," "the Pious." + +_Felipe IV_.--Born at Valladolid, April 8, 1605; son of Felipe III +and Margaret. Married Isabel of Bourbon, in 1615; Mariana of Austria, +in 1649. Succeeded his father as king, and died at Madrid, Sept. 17, +1665. The sovereignty of Spain over Portugal ceased Dec. 1, 1640. + +_Carlos II_.--Born Nov. 6, 1661; son of Felipe IV and Mariana. Married +Marie Louise of Orleans, in 1679; Mariana of Bavaria, in 1690. Died +Nov. 1, 1700, the last Spanish ruler of the house of Austria. During +his minority his mother was regent (Sept. 17, 1665 to Nov. 16, +1675). Surnamed "el Hechizado," "the Bewitched." + + +House of Bourbon + + +_Felipe V_ (Philip of Anjou).--Born at Versailles, Dec. 19, 1683; +son of Louis, dauphin of France, and Mariana of Bavaria. Proclaimed +king Nov. 24, 1700. Married Maria Louisa of Savoy, Sept. 11, 1701; +Isabel Farnese, Sept. 16, 1714. Abdicated in favor of his son Luis +I, Jan. 10, 1724; but resumed the government on Sept. 6 following, +in consequence of Luis's death. Died at Madrid, July 9, 1746. The +Spanish crown was bequeathed to him by Carlos II. + +_Luis I_.--Born Aug. 5, 1707; son of Felipe V and Maria Louisa. Married +Louise Elisabeth of Orleans, Nov. 16, 1721. By his father's abdication +of the throne Luis was nominally king from Jan. 19, 1724 until his +death, Aug. 31 following. + +_Fernando VI_.--Born Sept. 23, 1713; son of Felipe V and Maria +Louisa. Married Maria Teresa Barbara of Braganza, Jan. 19, 1729. Died +at Villaviciosa de Odon (Madrid), Aug. 10, 1759. + +_Carlos III_.--Born at Madrid, Jan. 20, 1716; son of Felipe V and +Isabel Farnese. Married Maria Amalia of Saxony. Died at Madrid, +Dec. 14, 1788. + +_Carlos IV_.--Born Nov. 11, 1748; son of Carlos III. Married Maria +Louisa of Parma. Proclaimed king, Jan. 17, 1789; abdicated the throne +March 18, 1808; died at Naples, Jan. 19, 1819. + + + + +List of the Rulers of Portugal + + +House of Aviz + +_Joao II_.--Born at Lisbon, May 3, 1455; son of Affonso V. Married +Leonor de Lancaster, Jan. 22, 1471. Reigned from Aug. 31, 1481 until +his death. Died at Villa de Alvor, Oct. 25, 1495. Styled "the Perfect +Prince," also "the Great," and "the Severe." + +_Manoel_.--Born May 31, 1469; cousin of Joao II. Married Isabel of +Castilla (eldest daughter of Fernando and Isabel), in 1497; Maria, +her sister, Oct. 30, 1500; Leonora, sister of Charles V of Germany +in 1518. Died Dec. 13, 1521. Styled "the Fortunate." + +_Joao III_.--Born at Lisbon, June 6, 1502; son of Manoel and +Maria. Reigned from Dec. 19, 1521, until his death, June 11, +1557. Married Catarina sister of Charles V of Germany. + +_Sebastiao_.--Born Jan. 20, 1554; grandson of Joao III. Slain in +battle, Aug. 4, 1578. His grandmother Catarina acted as regent during +his minority (1557-68). + +_Henrique_.--Born at Lisbon, Jan. 31, 1512; son of Manoel; became a +cardinal in the Roman church. Reigned from Aug. 29, 1578 until Jan. 31, +1580; had been associated with Catarina in the regency. + +_Antonio_.--Born in 1531; grandson (but regarded by most writers as +illegitimate) of Manoel. Reigned from June 19 to Sept. 2, 1580. + + + +House of Austria (Spain) + + +_Filippe I_.--Reigned from Sept. 2, 1580 (taking oath at Lisbon in +April, 1581), to Sept. 13, 1598. See Felipe II of Spain. + +_Filippe II_.--Reigned from Sept. 13, 1598 to Mar 31, 1621. See Felipe +III of Spain. + +_Filippe III_.--Reigned from Mar. 31, 1621 to Nov. 31, 1640. See +Felipe IV of Spain. + + + +House of Braganza + + +_Joao IV_.--Born March 19, 1604; son of Theodosio II, duke of +Braganza, and Ana de Velasco. Married Luiza de Guzman, Jan. 13, +1633. Reigned from Dec. 1, 1640 until his death, Nov. 6, 1656. Styled +"the Fortunate." + +_Affonso VI_.--Born Aug. 21, 1643; son of Joao IV and Luiza. Married +Maria Francesca Isabel of Savoy, in 1666. Compelled to renounce +the throne, as incompetent, Nov. 23, 1667. Died at Cintra, Sept. 12, +1683. During his minority, his mother acted as regent (Nov. 6, 1656 to +June 22, 1662); during the latter part of his reign, his brother Pedro. + +_Pedro II_.--Born April 26, 1648; son of Joao IV. Married Maria +Francesca Isabel of Savoy, March 27, 1668; Maria Sophia Elizabeth of +Bavaria, in 1687. Died Dec. 9, 1706. Regent for Affonso, from Nov. 23, +1667 until the latter's death; king, from Sept. 12, 1683 to Dec. 9, +1706. + +_Joao V_.--Born at Lisbon, Oct. 22, 1689; son of Pedro II. Married +Maria Anna of Austria, July 9, 1708. Reigned from Jan. 1, 1707 until +his death, July 31, 1750. + +_Jose I_.--Born June 6, 1714; son of Joao V. Married Mariana Victoria, +Dec. 27, 1727. Reigned from his father's death until his own, +Feb. 24, 1777. + +_Maria I_.--Born in 1734; daughter of Jose I. Married Pedro, younger +brother of Jose (and her uncle), in 1760. Died at Rio de Janeiro, +Brazil, in 1816. Reigned jointly with her husband, Feb. 24, 1777 until +his death (1786); but as she became insane, her son Joao VI acted as +regent until her death. + +_Pedro III_.--Reigned jointly with his wife, Maria I, until his death +(1786). + +_Joao VI_.--Born at Lisbon, May 13, 1769; son of Maria I and Pedro +III. Married Carlotta of Spain. Reigned from Mar. 16, 1816 to March +10, 1826; but had been regent for Maria since 1799, and had been in +charge of the government from March 10, 1792. + + + + + + +NOTES + +[1] Documents marked with an asterisk are printed in both the original +language and English translation. + +[2] _The Philippine Islands, Moluccas, Siam, Cambodia, Japan, and China +at the close of the Sixteenth Century_, by Antonio de Morga, Hakluyt +Society, London, 1868, p. 265. This will be cited usually as Morga. + +[3] "The crown and sceptre of Spain has come to extend itself over +all that the sun looks on, from its rising to its setting." Morga, p +6. Down to the end of the year 1844 the Manilan calendar was reckoned +after that of Spain, that is, Manila time was about sixteen hours +slower than Madrid time. Finally, with the approval of the Archbishop +in 1844, the thirty-first of December was dropped and the Philippines +transferred, so to speak, into the Eastern Hemisphere. Thenceforward +Manila time was about eight hours ahead of Madrid time. Jagor: +_Reisen in den Philippinen,_ pp. 1-2. + +[4] For a fuller account of the negotiations relating to these bulls +and the Treaty of Tordesillas see Harrisse: _Diplomatic History of +America_, 1452-1494, S.E. Dawson: _The Lines of Demarcation of Pope +Alexander VI and the Treaty of Tordesillas_, or E.G. Bourne: _Essays +in Historical Criticism_. The texts are printed in this volume. + +[5] The names used by Columbus in his interview with the King of +Portugal. Ruy de Pina: _Chronica d'el rey Joao II, Collecao de Livros +Ineditos de Historia Portugueze_, ii, p. 177. + +[6] This is also Harrisse's view, _Diplomatic History of America_, +p. 74. + +[7] "Sabese la concession del Papa Alexandro; la division del +mundo como una naranja." Letter of Alonso de Zuazo to Charles V, +January 22, 1518. _Docs. Ined. de Indias_, i, p. 296 (From Harrisse, +p. 174). Cf. also Maximilianus Transylvanus in _First Voyage Round +the World by Magellan_. Hakluyt Society, p. 185. + +[8] The question is fully discussed in Guillemard's _Life of Ferdinand +Magellan,_ pp. 68-69. + +[9] Guillemard, _Magellan_, p. 71. + +[10] _First Voyage Round the World by Magellan_, p. 187. + +[11] Navarrete, _Coleccion de los Viages y Descubrimientos_, etc., +iv, p. 117. + +[12] Las Casas: _Historia de las Indias. Col. de Docs. Ined. para +la Historia de Espana_, lxv, pp. 376-377. This account by Las Casas +apparently has been overlooked by English writers on Magellan. It +is noticed by Peschel, _Geschichte des Zeitalters der Entdeckungen,_ +p. 488. + +[13] See Guillemard's comparison between the voyages of Columbus and +Magellan in _Life of Magellan_, p. 258. + +[14] See Pigafetta's account in _The First Voyage Round the World by +Magellan_, p. 74. + +[15] Pigafetta, _ibid_., p. 76. + +[16] The description of the Philippines and their inhabitants which we +owe to the Italian Pigafetta who accompanied Magellan is especially +noteworthy not only as the first European account of them, but also +as affording a gauge by which to estimate the changes wrought by the +Spanish conquest and the missions. + +[17] See E. G. Bourne: _Essays in Historical Criticism_, pp. 209-211 +for an account of the Badajos Junta which attempted to settle the +question of the rights to the Moluccas. The documents are in Navarrete, +iv, pp. 333-370, a somewhat abridged translation of which is presented +in this volume. Sandoval attributes the sale of the Moluccas to +Charles's financial straits. Navarrete, iv, xx. The treaty of sale +is in Navarrete, iv, pp. 389-406. + +[18] Navarrete, iv, p. 394. + +[19] Navarrete, iv, p. 396. + +[20] See the correspondence in _Col. de Doc. Ineditos de Ultramar_, +vol. ii (vol. i of subdivision _de las Islas Filipinas_), p. 66. + +[21] _Relacion del Viaje que hizo desde la Nueva-Espana a las +Islas del Poniente Ruy Gomez de Villalobos_, written by Garcia +Descalante Alvarado. _Coleccion de Docs. Ined. del Archivo de Indias_ +v, p. 127. The name was first given in July or August 1543 to some +of the smaller islands in the group. On page 122, Alvarado writes +"chinos que vienen a Mindanao y a las Philipinas." Montero y Vidal says +that the island first to receive the name was Leyte. _Hist. Gen. de +Filipinas_, i, p. 27, In 1561, Urdaneta uses "las islas Filipinas" +in the ordinary way; see his "Derrotero" prepared for the +expedition. _Col. Docs. Ined_. vol. i, p. 130 ff. + +[22] _Col. de Docs. Ined. de Ultramar_, vol. ii, pp. 95-96. + +[23] _Ibid.,_ pp. 109-111. + +[24] In September, 1568, a Portuguese squadron despatched by the +Governor of the Moluccas appeared off Cebu to drive the Spaniards out +of the Visayan Islands. The commander satisfied himself with diplomatic +protests. Montero y Vidal: _Hist. Gen. de Filipinas_, i, p. 34. + +[25] Montero y Vidal, i, pp. 41-42. + +[26] Juan de Grijalva. From W.E. Retana's extracts from his _Cronica +de la Orden de N.P.S. Augustin en las provincias de la Nueva Espana, +etc_. (1533-1592) in Retana's edition of Zuniga's _Estadismo de las +Islas Filipinas_, ii. p. 219 ff. Juan de Salcedo after being promoted +to the high rank of _Maestre de Campo_ (an independent command) died +suddenly in 1576 at the age of twenty-seven. Far from amassing wealth +in his career he died poor. In his will he provided that after the +payment of his debts the residue of his property should be given to +certain Indians of his _encomienda. Ibid.,_ p. 615. + +[27] This account of the conversion is based on Grijalva's contemporary +narrative; see Retana's _Zuniga_, ii, pp. 219-220. + +[28] Montero y Vidal, i, p. 59. + +[29] Retana's _Zuniga_, ii, p. 222; Morga, Hakluyt Society edition, +pp. 307-308; Montero y Vidal, i, p. 60. + +[30] He was lieutenant to the Governor and the first justice to be +appointed to the supreme court (Audiencia) on its reorganization. His +_Sucesos de la islas Philipinas--Mexici ad Indos, anno 1609_, is +a work of great rarity. It was reprinted in Paris in 1890 with +annotations by the Filipino author and patriot, Dr. Jose Rizal +and with an Introduction by Blumentritt. Rizal tries to show that +the Filipinos have retrograded in civilization under Spanish rule; +cf. Retana's comments in his Zuniga, ii, p. 277. The references to +Morga to follow are to the Hakluyt Society edition. + +[31] A natural transference of the familiar name in Spain for +Mohammedans. + +[32] Morga, pp. 296-297. + +[33] Footnote 32: Morga. p. 323. + +[34] _Relacion de las Encomiendas existentes en Filipinas el dia 31 +de Mayo de 1591_. in Retana: _Archivo del Bibliofilo Filipino_, iv, +pp. 39-112. + +[35] Mendoza, _The History of the Great and Mighty Kingdom of +China_. Hakluyt Society edition, ii, p. 263. + +[36] Printed in Retana's _Archivo_, iii, pp. 3-45. + +[37] "Of little avail would have been the valor and constancy with +which Legaspi and his worthy companions overcame the natives of the +islands, if the apostolic zeal of the missionaries had not seconded +their exertions, and aided to consolidate the enterprise. The +latter were the real conquerors; they who without any other arms +than their virtues, gained over the good will of the islanders, +caused the Spanish name to be beloved, and gave the king, as it +were by a miracle, two millions more of submissive and Christian +subjects." Tomas de Comyn, _State of the Philippine Islands, etc.,_ +translated by William Walton, London, 1821, p. 209. Comyn was the +general manager of the Royal Philippine Company for eight years in +Manila and is described by his latest editor, Senor del Pan, editor of +the _Revista de Filipinas_, as a man of "extensive knowledge especially +in the social sciences." Retana characterizes his book as "un libro +de merito extraordinario," Zuniga, ii, pp. 175-76. Mallat says: +"C'est par la seule influence de la religion que l'on a conquis les +Philippines, et cette influence pourra seule les conserver." _Les +Philippines, histoire, geographie, moeurs, agriculture, industrie +et commerce des Colonies espagnoles dans l'oceanie._ Par J. Mallat, +Paris, 1846, i, p. 40. I may say that this work seems to me the best +of all the modern works on the Philippines. The author was a man of +scientific training who went to the islands to study them after a +preparatory residence in Spain for two years. + +[38] Morga, p. 325. + +[39] Mallat, i, p. 389. + +[40] Morga, p. 320. + +[41] Mallat, i, pp. 382-385. + +[42] Morga, p. 312. Mallat, ii, p. 240. + +[43] Morga, p. 313. Mallat, ii, p. 244. + +[44] The first regular hospital in the thirteen colonies was +the Pennsylvania Hospital, incorporated in 1751. Patients were +first admitted in 1752. Cornell, _History of Pennsylvania_, +pp. 409-411. There are references to a hospital in New Amsterdam +in 1658, but the New York hospital was the first institution of the +kind of any importance. It was founded in 1771, but patients were not +admitted till 1791. _Memorial History of New York_, iv, p. 407. There +was no hospital for the treatment of general diseases in Boston +until the nineteenth century. The Massachusetts General Hospital was +chartered in 1811. _Memorial History of Boston_, iv, p. 548. + +[45] Morga, p. 350. + +[46] Morga, p. 314. + +[47] Friar Juan Francisco de San Antonio who went to the Philippines +in 1724, says that "up to the present time there has not been found +a scrap of writing relating to religion, ceremonial, or the ancient +political institutions." _Chronicas de la Apostolica Provincia de +San Gregorio, etc._ (Sampoloc, near Manila, 1735), i, pp. 149-150 +(cited from Retana's _Zuniga_, ii, p. 294. + +[48] They used palm leaves for paper and an iron stylus for a +pen. "L'escriture ne leur sert que pour s'escrire les uns aux autres, +car ils n'ont point d'histoires ny de Livres d'aucune Science; +nos Religieux ont imprime des livres en la langue des Isles des +choses de nostre Religion." _Relation des Isles Philippines, Faite +par un Religieux qui y a demeure 18 ans_, in Thevenot's _Voyages +Curieux_. Paris 1663, ii (p. 5, of the "Relation"). This narrative +is one of the earliest to contain a reproduction of the old Tagal +alphabet. Retana ascribes it to a Jesuit and dates it about 1640: +p. 13 of the catalogue of his library appended to _Archivo del +Bibliofilo Filipino_, i. The earliest printed data on the Tagal +language according to Retana are those given in Chirino's _Relacion +de las Islas Filipinas_, Rome, 1604. + +[49] Mendoza's _Historie of the Kingdome of China_, volume ii, p. 263. + +[50] _Ibid_., p. 264. + +[51] Morga, p. 319. + +[52] _Relation d'un Religieux_, Thevenot, volume ii, (p. 7 of the +Relation). + +[53] On the powers of the Governor, see Morga, pp. 344-345. + +[54] Throughout this Introduction the Spanish "peso" is rendered by +"dollar." The reader will bear in mind the varying purchasing power +of the dollar. To arrive at an approximate equivalent ten may be used +as a multiplier for the sixteenth and early seventeenth centuries, +and five for the middle of the eighteenth century. + +[55] It may be remembered that the official conscience in the +seventeenth and eighteenth centuries was not so sensitive in +regard to "tips" as it is expected to be today. Le Gentil writes: +"Les Gouverneurs de Manille corrompent journellement leurs graces, +et les Manillois ne les abordent guere pour leur en demander, sans +se precautioner auparavant du rameau d'or; seul et unique moyen de +se les rendre favorables. Un soir etant alle voir le Gouverneur, +in 1767, a peine m'eut-il demande des nouvelles de ma sente qu'il +alla me chercher une bouteille de verre de chopine, mesure de Paris, +(half-pint) pleine de paillettes d'or, il me la fit voir en me disant +que c'etoit un present dont on I'avoit _regale_ ce jour-la meme; _Oi_, +me dit-il, _me regalaron de este_." _Voyage dans Les Mers de L'Inde_, +Paris, 1781, ii, pp. 152-153. Le Gentil was in the Philippines about +eighteen months in 1766-67 on a scientific mission. His account of +conditions there is one of the most thorough and valuable that we +have for the eighteenth century. As a layman and man of science his +views are a useful offset against those of the clerical historians. + +[56] _Voyage_, ii, p. 153. "The Royal Audience was established to +restrain the despotism of the Governors, which it has never prevented; +for the gentlemen of the gown are always weak-kneed and the Governor +can send them under guard to Spain, pack them oft to the provinces +to take a census of the Indians or imprison them, which has been done +several times without any serious consequences." Zuniga: _Estadismo de +las Islas Filipinos o mis Viages por este Pais_, ed. Retana, i, p. 244. + +[57] "Cuando se pusieren edictos, publicaren, y pregonaren las +residencias, sea de forma que vengan a noticia de los Indios, para +que puedan pedir justicia de sus agravios con entera libertad." _Law +of 1556_, lib. v, tit. xv, ley xxviii of the _Recopilacion de Leyes +de los Reinos de las Indias_. + +[58] _Recopilacion_, lib. v, tit. xv, ley vii. + +[59] Churchill's _Voyages_, iv, pp. 427-428. + +[60] "I request the reader not to infer from my opinion of the +tribunals of residence, my confidence in their efficacy. My homage is +immediately and solely addressed to the wisdom of the law. I resign all +criticism on its operation, to those who know the seductive influence +of Plutus over the feeble and pliant Themis." De Pons: _Voyage to the +Eastern Part of Terra Firma or the Spanish Main in South America during +the years 1801, 1802, 1803, and 1804_. New York, 1806, ii, p. 25. + +[61] "Une loi tres-sage, mais malheureusement sans effet, qui devrait +moderer cette autorite excessive, est celle qui permet a chaque +citoyen de poursuivre le gouverneur veteran devant son successeur; +mais celui-ci est interesse a excuser tout ce qu'on reproche a son +predecesseur; et le citoyen assez temeraire pour se plaindre, est +expose a de nouvelles et a de plus fortes vexations." _Voyage de La +Perouse autour du Monde_. Paris, 1797, ii, p. 350. + +[62] His comments on the kind of officials needed are not without +interest today: "A governor must understand war but he must not be +over confident of his abilities. Let him give ear to the advice of +those who know the country where things are managed very differently +from what they are in Europe. Those who have tried to carry on war in +the islands as it is carried on in Flanders and elsewhere in Europe +have fallen into irreparable mistakes. The main thing, however, is to +aim at the welfare of the people, to treat them kindly, to be friendly +toward foreigners, to take pains to have the ships for New Spain sail +promptly and in good order, to promote trade with neighboring people +and to encourage ship-building. In a word, to live with the Indians +rather like a father than like a governor." _Relation et Memorial de +l'etat des Isles Philippines, et des Isles Moluques_ by Ferdinand de +los Rios Coronel, Prestre et Procureur General des Isles Philippines, +etc. _Thevenot_, ii (p. 23 of the Relation). + +[63] Morga, p. 345. _Recopilacion_, lib. ii, tit. xv, ley xi. + +[64] _Ibid_., ley lviii. Le Gentil, ii, pp. 159, 161. + +[65] _Recopilacion_, lib. ii, tit. xv, ley xi. + +[66] Mallat, i, pp. 349-50. For a historical summary of the variations +in the names of the provinces see Retana's Zuniga's _Estadismo,_ ii, +p. 376 ff. + +[67] They received the tribute in kind in fixed amounts and made money +out of the fluctuations of the market prices. At times of scarcity +and consequent high prices this procedure doubled or trebled the +burden of the tribute. See _State of the Philippine Islands,_ by +Tomas de Comyn, translated by William Walton, p. 197. Mallat says: +"Rien n'est plus funeste au pays que la permission qui est accordee +aux alcaldes de faire le commerce pour leur compte." i, p. 351. See +also Retana's note, Zuniga, _Estadismo,_ ii, p. 530. This right to +trade was abolished in 1844. + +[68] "It is a fact common enough to see a hair-dresser or a lackey +converted into a governor; a sailor or a deserter, transformed into +a district magistrate, collector, or military commander of a populous +province, without other counsellor than his own crude understanding, +or any other guide than his passions. Such a metamorphosis would +excite laughter in a comedy or farce; but, realized in the theatre +of human life, it must give rise to sensations of a very different +nature. Who is there that does not feel horror-struck, and tremble +for the innocent, when he sees a being of this kind transferred from +the yard-arm to the seat of justice, deciding in the first instance +on the honor, lives, and property of a hundred thousand persons, and +haughtily exacting the homage and incense of the spiritual ministers +of the towns under his jurisdiction, as well as of the parish curates, +respectable for their acquirements and benevolence, and who in their +own native places, would possibly have rejected as a servant the very +man whom in the Philippines they are compelled to court, and obey as +a sovereign." _State of the Philippine Islands_, London, 1821, p. 194. + +[69] Morga, p. 323. + +[70] Jagor describes an election which he saw in the town of Lauane, +of four thousand five hundred inhabitants, in the little island of +the same name which lies just off the north shore of Samar. As it is +the only description of such a local election that I recall I quote +it in full. "It took place in the town house. At the table sits the +Governor or his proxy, on his right the pastor and on his left the +secretary who is the interpreter. All the Cabezas de Barangay, the +Gobernadorcillo and those who have formerly been such have taken their +places on the benches. In the first place six of the Cabezas, and six +of the ex-Gobernadorcillos respectively are chosen by lot to serve +as electors. The Gobernadorcillo in office makes the thirteenth. The +rest now leave the room. After the chairman has read the rules and +exhorted the electors to fulfil their duty conscientiously, they go +one by one to the table and write three names on a ballot. Whoever +receives the largest number of votes is forthwith nominated for +Gobernadorcillo for the ensuing year, if the pastor or the electors +make no well-founded objections subject to the confirmation of the +superior court in Manila, which is a matter of course since the +influence of the pastor would prevent an unsuitable choice. The same +process was followed in the election of the other local officials +except that the new Gobernadorcillo was called in that he might make +any objections to the selections. The whole transaction was very quiet +and dignified." _Reisen in den Philippinen_, Berlin, 1873, pp. 189-190. + +Sir John Bowring's account of this system of local administration is +the clearest of those I have found in English books. _A Visit to the +Philippine Islands_, London, 1859, pp. 89-93. + +[71] The Gobernadorcillo in council with the other Cabezas presented +a name to the superior authority for appointment Bowring, p. 90. + +[72] Zuniga, _Estadismo de las Islas Filipinas_, i, p. 245. Cf. Mallat, +i, p. 358. + +[73] Comyn: _State of the Philippine Islands_, ch. vii. + +[74] Mallat, i, pp. 40, 386. Jagor, pp. 95-97. + +[75] Mallat, i, p. 380 ff. Comyn, p. 212 ff. + +[76] Mallat, i, p. 365. + +[77] Morga, p. 333. + +[78] Delgado: _Historia de Filipinas_, Biblioteca Histories Filipina, +Manila, 1892, pp. 155-156. Delgado wrote in 1750-51. Somewhat different +figures are given by Le Gentil on the basis of the official records +in 1735, ii, p. 182. His total is 705,903 persons. + +[79] Le Gentil, i, p. 186. + +[80] _Recopilacion_, lib. vi, tit iii, ley xxi. Morga, p. 330. + +"Avec toutes les recommandations possible, il arrive encore que +le moine charge de la peuplade par ou vous voyagez, vous laisse +rarement parler seul aux Indiens. Lorsque vous parlez en sa presence a +quelque Indien qui entend un peu le Castillan, si ce Religieux trouve +mauvais que vous conversiez trop long-temps avec ce Naturel, il lui +fait entendre dans la langue du pays, de ne vous point repondre en +Castillan, mais dans sa langue: l'Indien obeit." Le Gentil, ii, p. 185. + +[81] _State of the Philippine Islands_, pp. 216-217. These +responsibilities and the isolation from Europeans together with the +climate frequently brought on insanity. Le Gentil, ii, p. 129. Mallat, +i, p. 388. + +[82] _Ibid_., p. 214. + +[83] In 1637 the military force maintained in the islands consisted of +one thousand seven hundred and two Spaniards and one hundred and forty +Indians. _Memorial de D. Juan Grau y Monfalcon, Procurador General +de las Islas Filipinas, Docs. Ineditos del Archivo de Indias_, vi, +p. 425. In 1787 the garrison at Manila consisted of one regiment of +Mexicans comprising one thousand three hundred men, two artillery +companies of eighty men each, three cavalry companies of fifty men +each. La Perouse, ii, p. 368. + +[84] _Apuntes Interesantes sobre Las Islas Filipinas, etc., escritos +por un Espanol de larga esperiencia en el pais y amante del progresso_, +Madrid, 1869, p. 13. This very interesting and valuable work was +written in the main by Vicente Barrantes, who was a member of the +Governor's council and his secretary. On the authorship see Retana's +_Archivo ii, Biblioteca Gen_., p. 25, which corrects his conjecture +published in his Zuniga, ii, p. 135. + +[85] _Apuntes Interesantes_, pp. 42-43. + +[86] Zuniga, _Estadismo_, i, p. 246; Le Gentil, ii, p. 172. + +[87] Le Gentil, ii, p. 172. + +[88] Morga, p. 336. + +[89] Morga, _ibid_. + +[90] _Memorial dado al Rey por D. Juan Grau y Monfalcon, Procurado +General de las Islas Filipinas. Docs. Ineditos del Archivo de Indias_, +vi, p. 444. + +[91] _Recopilacion_, lib. ix, tit. xxxv, ley vi and ley xv. As will +be seen there was usually only one ship. + +[92] _Ibid_., ley xxxiv. + +[93] _Ibid_., ley lxviii. + +[94] _Ibid_., ley lxxviii. + +[95] _Ibid.,_ ley xlv. + +[96] Morga, p. 344. Zuniga, i, pp. 271-274. "El barco de Acapulco +ha sido la causa de que los espanoles hayan abandonado las riquezas +naturales e industriales de las Islas." _Ibid_., p. 443. + +[97] Le Gentil, ii, pp. 203-230; Zuniga, i, p. 266 ff. + +[98] Le Gentil, ii, p. 205; Careri, _Voyage Round the World_, +Churchill's _Voyages_, iv, p. 477. + +[99] Zuniga, i, p. 267. + +[100] Le Gentil, ii, p. 205. + +[101] Le Gentil, ii, p. 207. + +[102] Zuniga, i, p. 268. + +[103] Churchill's _Voyages_, iv, p. 491. I am aware that grave +doubts as to the reality of Gemelli Careri's travels existed in the +eighteenth century. Robertson says "it seems now to be a received +opinion (founded as far as I know, on no good evidence) that Careri +was never out of Italy, and that his famous _Giro del Mondo_ is an +account of a fictitious voyage." Note 150, _History of America_. The +most specific charges against Careri relate to his account of his +experiences in China. See Prevost's _Histoire des Voyages_, v, +pp. 469-70. His description of the Philippines and of the voyage +to Acapulco is full of details that have every appearance of being +the result of personal observation. In fact, I do not see how it +is possible that this part of his book is not authentic. The only +book of travels which contains a detailed account of the voyage from +Manila to Acapulco written before Careri published that is described +in Medina's _Bibliografia Espanola de Filipinas_ is the _Peregrinacion +del Mundo del Doctor D. Pedro Cubero Sebastian_, of which an edition +was published in 1682 in Naples, Careri's own home; but Careri's +account is no more like Cubero's than any two descriptions of the +same voyage are bound to be; nor is it clear that Careri ever saw +Cubero Sebastian's narrative. + +[104] Zuniga, i, p. 268. Careri mentions the case of a Dominican who +paid five hundred dollars for the eastern passage. _Op. cit_. p. 478; +on page 423 he says the usual fare for cabin and diet was five hundred +to six hundred dollars. + +[105] Churchill's _Voyages_, iv, p. 499. + +[106] _Op. cit_. p. 491. Yet Careri had no such experience as +befell Cubero Sebastian in his voyage. When they were nearing the +end of the voyage a very fatal disease, "el berben, o mal de Loanda" +(probably the same as beri-beri), broke out, as well as dysentery, +from which few escaped who were attacked. There were ninety-two deaths +in fifteen days. Out of four hundred persons on board, two hundred +and eight died before Acapulco was reached. _Peregrination del Mundo +de D. Pedro Cubero Sebastian_, Zaragoza, 1688, p. 268. + +[107] Careri: _Op. cit_. p. 503. + +[108] Montero y Vidal: _Hist. Gen. de Filipinas_, i, pp. 458, +463. On page 461 is a brief bibliography of the history of Philippine +commerce. According to Montero y Vidal, the best modern history +of Philippine commerce is _La Libertad de comercio en las islas +Filipinas,_ by D. Manuel de Azcarraga y Palmero, Madrid, 1872. + +[109] Montero y Vidal, ii, p. 122. + +[110] _Ibid_., ii, p. 297. + +[111] Comyn: _State of the Philippine Islands_, pp. 83-97. + +[112] _Estadismo_, i, p. 272. + +[113] Zuniga, i, p. 274. + +Le Gentil remarked that as the Spaniards in Manila had no landed +estates to give them an assured and permanent income, they were +dependent upon the Acapulco trade, and had no resources to fall back +upon if the galleon were lost. Money left in trust was often lost +or embezzled by executors or guardians, and it was rare that wealth +was retained three generations in the same family. _Voyage_, ii, +pp. 110-112. + +[114] Of the commerce with China it is not necessary to speak at +length, as a full account of it is given in Morga. It was entirely in +the hands of the Chinese and Mestizos and brought to Manila oriental +textiles of all kinds, objects of art, jewelry, metal work and metals, +nails, grain, preserves, fruit, pork, fowls, domestic animals, pets, +"and a thousand other gewgaws and ornaments of little cost and price +which are valued among the Spaniards." (Morga, p. 339.) Besides the +Chinese, that with Japan, Borneo, the Moluccas, Siam, and India was +so considerable that in spite of the obstructions upon the commerce +with America, Manila seemed to the traveler Careri (p. 444) "one of +the greatest places of trade in the world." + +[115] _Documentos Ineditos del Archivo de Indias_, v, pp. 475-77. + +[116] It would be vain to guess how many hundred people there are who +are familiar with the denunciations of Las Casas to one who knows +anything of the more than six hundred laws defining the status and +aiming, at the protection of the Indians in the _Recopilacion_. + +[117] Cf. Jagor: _Reisen in den Philippinen_, p. 31. + +[118] _Voyage de La Perouse autour du Monde_, Paris, 1797, ii, p. 347. + +[119] _History of the Indian Archipelago, etc_., by John Crawfurd, +F. R. S. Edinburgh, 1820, vol. ii, pp. 447-48. + +[120] That I take to be his meaning. His words are: "Ces institutions +(i. e., the local administration) si sages et si paternelles ont valu a +l'Espagne la conservation d'une colonie dont les habitants jouissent, +a notre avis, de plus de liberte, de bonheur et de tranquillete +que-ceux d'aucune autre nation." i, p. 357. Cf. also his final chapter: +"L'idigene des Philippines est l'homme plus heureux du monde. Malgre +son tribut, il n'est pas d'etre vivant en societe qui paye moins +d'impot que lui. Il est libre, il est heureux et ne pense nullement +a se soulever." ii, p. 369. + +[121] _A Visit to the Philippine Islands_, London, 1859, p. 18. Cf. the +recent opinion of the English engineer, Frederic H. Sawyer, who lived +in Luzon for fourteen years. "The islands were badly governed by Spain, +yet Spaniards and natives lived together in great harmony, and I do +not know where I could find a colony in which Europeans mixed as much +socially with the natives. Not in Java, where a native of position +must dismount to salute the humblest Dutchman. Not in British India, +where the Englishwoman has now made the gulf between British and +native into a bottomless pit." _The Inhabitants of the Philippines_, +New York, 1900. p. 125. + +[122] _Reisen in den Philippinen_, p. 287. + +[123] _Cornhill Magazine_, 1878, pp. 161, 167. This article is +reprinted in Palgrave's _Ulysses, or Scenes in Many Lands_. + +[124] _The Inhabitants of the Philippines_, pp. vi, viii. + +[125] "Ils font voir beaucoup d'inclination et d'empressement pour +aller a l'eglise lesjours de Fetes et Solemnites; mais pour ouir +la Messe les jours de preceptes, pour se confesser et communier +lorsque la Sainte Eglise l'ordonne, il faut employer le fouet, et +les traiter comme des enfans a l'ecole." Quoted by Le Gentil, ii, +p. 61, from Friar Juan Francisco de San Antonio's _Chronicas de la +Apostolica Provincia de San Gregorio, etc_., commonly known as the +_Franciscan History._ It will be remembered that in our own country +in the eighteenth century college discipline was still enforced by +corporal punishment; and that attendance upon church was compulsory, +where there was an established church, as in New England. + +[126] _Voyage_, ii, p. 62. + +[127] _Voyage_, ii, p. 350. + +[128] _Voyage_, ii, pp. 95, 97. + +[129] Le Gentil says the lassitude of the body reacts upon the +mind. "In this scorching region one can only vegetate. Insanity is +commonly the result of hard study and excessive application." _Voyage_, +ii, p. 94. + +[130] _La Imprenta en Manila desde sus origenes hasta 1810_, Santiago +de Chile, 1896. + +[131] _Adiciones y Observaciones a La Imprenta en Manila_, Madrid, +1899. + +[132] For representative lists of these, see Blumentritt's privately +printed _Bibliotheca Philippina_, Theile i and ii. + +[133] It is, all things considered, a singular fact that in all that +list there is no translation of parts of the Bible, except of course +the fragmentary paraphrases in the catechism and doctrinals. The only +item indicating first-hand Biblical study in the Philippines under +the old regime that has come to my notice in the bibliographies of +Medina and Retana is this, that Juan de la Concepcion the historian +left in manuscript a translation of the Holy Bible into Spanish. _La +Imprenta en Manila_, p. 221. This failure to translate the Bible +into the native languages was not peculiar to Spanish rule in the +Philippines. Protestant Holland, far behind Spain in providing +for native education, was equally opposed to the circulation of +the Bible. "Even as late as the second or third decade of this +century the New Testament was considered a revolutionary work, +and Herr Bruckner, who translated it, had his edition destroyed by +Government." Guillemard, _Malaysia and the Pacific Archipelagoes_, +p. 129. + +[134] Mallat says that the elements were more generally taught than +in most of the country districts of Europe (i, p. 386) and quotes the +assertion of the Archbishop of Manila: "There are many villages such as +Argas, Dalaguete, Bolohon, Cebu, and several in the province of Iloilo, +where not a single boy or girl can be found who cannot read and write, +an advantage of which few places in Europe can boast." _Ibid._, p. 388. + +[135] _Estadismo_, i, p. 300. + +[136] _Estadismo_, i, p. 63. + +[137] Zuniga, i, pp. 73-75 + +[138] _Voyage_, ii, p. 131. + +[139] _Ibid_., p. 132, and Zuniga, i, p. 76. A modern work on this +drama is _El Teatro tagalo_ by Vicente Barrantes, Madrid, 1889. + +[140] Number 877 in Retana's _Biblioteca Filipina_. This novel was +published in Manila in 1885. Friar Bustamente was a Franciscan. + +[141] _Estadismo_, i, pp. 60-61. Commodore Alava was on his way to +make scientific observations of the volcano of Taal. + +Le Gentil writes: "Selon une Ordonnance du Roi, renouvelee peut-etre +cent fois, il est ordonne aux Religieux d'enseigner le castillan +aux jeunes Indiens; mais Sa Majeste, m'ont unanimement assure +les Espagnoles a Manille, n'a point encore ete obeie jusqu'a ce +jour." _Voyage_, ii, p. 184. Cf. Zuniga. _Estadismo_, i, pp. 299-300. + +For some of these ordinances see Retana's notes to Zuniga, ii, +p. 57 ff. + +[142] Cf. Retana's views expressed ten years ago upon the +impracticability of supplanting to any extent the Tagal language +by the Spanish. The same considerations apply equally well to +English. _Estadismo_, ii, p. 59 ff. + +[143] _Estadismo_, i, pp. 12-13. + +[144] Retana's _Zuniga_, ii, p. 527. + +[145] _Estadismo_, i, p. 174. I cannot take leave of Zuniga's book +without recording my opinion that it is the finest flower of the +Philippine literature. Zuniga did for the island of Luzon what Arthur +Young did for France a few years earlier, or to take an apter parallel, +what President Dwight did for New England. His careful observations, +relieved of tedium by a rare charm of style, his sweetness of temper, +quiet humor, his love of nature and of man all combine to make his +"Travels" a work that would be accorded a conspicuous place in the +literature of any country. An English translation will appear in the +present series. + +[146] Referring to the fort built by Columbus (December, 1492) at +La Navidad, a port on the northern coast of Hispaniola (Hayti). Upon +the admiral's return, a year later, he found that the garrison whom +he had left in this fort had been destroyed by hostile Indians. + +[147] That is, by some act so clear or manifest that no formal sentence +of excommunication is requisite. + +[148] The Gold Coast of Africa, named by its Portuguese discoverers +(about 1471) _Oro de la Mina_ (this is the _Minere Auri_ of our text). + +[149] Our text reads "commissario mayor;" Navarrete reads "Comendador +mayor." + +[150] Our text reads "vos damos todo nuestro poder conplido en aquella +mas abta forma que podemos;" Navarrete reads "vos damosnuestro poder +cumplido en aquella manera e forma que podemos." + +[151] In Navarrete the words "& subcessores & de todos nuestros reynos +& senorios" are omitted. + +[152] Our text reads "qualqujer concierto, asiento, limjtacion, +demarcacion, & concordia sobre lo que dicho es, por los vientos & +grados de norte & del sol, & por aquellas partes divivisiones [sic] +& lugares del caelo & de la mar & de la tierra;" Navarrete reads +"cualquier concierto e limitacion del mar Oceano, o concordia sobre lo +que dicho es, por los vientos y grados de Norte y Sur, y por aquellas +partes, divisiones y lugares de seco y mar y de la tierra." + +[153] Our text reads "& asi vos damos el dicho poder pera que +podays dexar al dicho Rey de Portugal & a sus reynos & subcesores +todos los mares, yslas, & tieras que fueren & estovieren dentro de +qualqujer limitacion & demarcacion, que con el fincaren & quedaren;" +Navarrete reads the same (with allowances for modem typography) up to +"demarcacion," and then adds "de costas, mares, islas y tierras que +fincaren y quedaren." + +[154] Our text reads "que todos los mares, yslas & tierras, que fueren +& escovjeren dentrode la limjtacion & demarcacion de costas, mares +& yslas & tierras, que quedaren & fincaren con nos, & con nuestros +subcesores, para que sean nuestros, & de nuestro senorio & conqujsta, & +asi de nuestros reynos & subcesores dellos, con aquellas limjtacjones +& exebciones;" Navarrete reads "que todos las mares, islas y tierras +que fueren o estuvieren dentro el limite y demarcation de las costas, +mares y islas y tierras que quedaren por Nos y por nuestros subcesores, +y de nuestro Senorio y conquista, sean de nuestros Reinos y subcesores +de ellos, con aquellas limitaciones y exenciones." + +[155] Our text reads "contrato de las pases;" Navarrete reads "contrato +de las partes." + +[156] Navarrete reads "Sagres" + +[157] Our text reads "& constituymos a todos juntamente & a dos de +vos, & a uno yn soljdun;" Navarrete reads "y constituimos a todos +juntamente y a cada uno de vos _in solidum_." + +[158] See p. 116 and note 149. + +[159] See p. 117, and note 151, where the language is almost identical. + +[160] Our text reads "la qual raya olinea se aya;" Navarrete reads +"la cual reya o lineo e senal se haya." + +[161] This paragraph reads differently in Navarrete, but its sense +is the same. + +[162] Our text reads "grados del sol e norte;" Navarrete reads +"grados de Sur y Norte." + +[163] Navarrete is very faulty in this section. He omits entirely +the following: "& por sus gentes, o in otra qualqujer manera dentro +de las otras ciento y veynte leguas, que quedan para cunplimjento de +las trezientas & setenta leguas, en que ha de acabar la dicha raya +que se ha de faser de polo a polo, como dicho es, en qualqujer parte +de las dichas ciento & veyte [_sic_] leguas para los dichos polos, +que sean alladas fasta el dicho dia, queden, & finquen para los dichos +senores Rey & Reyna de Castilla, & de Aragon, etc., &." This omission +quite obscures the sense. + +[164] This confirmation was given by Pope Julius II in a bull +promulgated January 24, 1506. See _Alguns documentos_, pp. 142-143; +and Bourne's _Essays in Historical Criticism_, p. 203. + +[165] Another dispatch of like tenor was issued in Madrid on May 7 +of the same year.--_Navarrete_. + +[166] The original of this bull is in Torre do Tombo, Lisbon, bearing +pressmark "Col. de Bullas, maco 29, n_o_. 6." It occupies pp. 276-279 +of _Corpo diplomatico Portuguez_. The synopsis from which the above +is translated is in _Alguns documentos_, p. 14., but the date as there +given is wrong, "Quarto Decimo Kalendae Julii," being June 18 and not +17. See also Bourne, _Essays in Historical Criticism_, pp. 194, 195. + +[167] See Bourne, _ut supra_, p. 195, from which this synopsis is +taken. The original of this bull exists in Torre do Tombo, its +pressmark being "Coll. de Bullas, maco 7 deg., n deg.. 29." It occupies +pp. 279-286 of _Corpo diplomatico Portuguez_, and is printed also in +_Alguns documentus_, pp. 14-20. + +[168] This military order was founded (August 14, 1318) by the +Portuguese king Dionisio; its knights served against the Moors, +also in Africa and India. Pope Calixtus III invested its grand prior +with the spiritual powers conferred on a bishop. In 1522, Joao III +became grand-master of the order; and in 1551 this dignity passed +to the crown _in perpetuo_. In 1789, this order had four hundred and +thirty-four commanderies, and twenty-six villages and estates. It is +now only a civil and honorary order. + +[169] See Bourne _ut supra_, p. 195. The original is in Torre do Tombo, +bearing pressmark "Coll. de Bullas, maco 29, n deg.. 6. Inserta." This +bull occupies pp. 286-296 of _Corpo diplomatico Portuguez_. It is +printed also in _Alguns documentos_, pp. 47-55. + +[170] See _Corpo diplomatico Portuguez_, p. 296. + +[171] Cape Noon (Naon, Non, Nun) is situated near the south-west +extremity of the coast of Morocco; Cape Bojador (Bogiador) projects +into the Atlantic at a point two degrees thirty-eight minutes farther +south than Noon. + +[172] See _Corpo diplomatico Portuguez_, p. 297, and _Alguns +documentos_, p. 366. + +[173] One of the great military orders of Spain, named for its +patron St. James, and founded to protect his shrine at Compostella +from incursions by the Moors. It received papal sanction in 1175; +in 1476 Ferdinand of Castile became its grand master; thus uniting +the order to the crown of Spain. + +[174] The letter here mentioned (see Navarrete's _Col. de viages, +_ iv, p. 312) expresses Carlos's regret that his negotiations with +the Portuguese ambassadors regarding the ownership of the Malucos +have been fruitless, and his desire that the difficulties should be +amicably adjusted; he refers Joao to Zuniga for full details. + +[175] Navarrete omits this section. It will be found in the Treaty +of Tordesillas. + +[176] The Spanish monarch was at this time engaged in his quarrels +with Francois I of France. + +[177] In another letter of the same date the Emperor complains to +the King of Portugal that the latter's ambassadors have not been +willing to abide by the treaty of Tordesillas in their conferences +with the Castilian plenipotentiaries, "although our right to those +regions discovered and taken possession of by our fleet is fully +apparent from the treaties and compacts negotiated over the division +of lands and the line of demarcation, and confirmed in the name of +each one of us." Neither would they discuss the new propositions +submitted to them--"although with some prejudice to our right;" +nor would they themselves submit new propositions; consequently they +are returning to Portugal without reaching any decision. The letter +closes by saying that the Emperor is about to write about the whole +affair to his representative, "Juan de Zuniga, knight of the order of +Santiago, residing there [at Lisbon] in our behalf;" and King Joao +is earnestly requested to rest assured of the love and affection of +the Spanish monarch. + +[178] This was an ancient office in the royal house of Castile. + +[179] Bartulo was an Italian jurisconsult, born (1313) at +Sasso-Ferrato, in Umbria; he died at Perusa in 1356. He was entrusted +with several important political commissions and wrote upon various +points of civil law; some of his works were used as text books in +the most famous universities. He has been styled "the first and most +thorough of the interpreters of law." + +Baldo is evidently one of the two brothers Pietro and Angelo Baldo de +Ubaldis, both eminent Italian jurisconsults. The former was born at +Perusa, in 1324, and died at Pavia, April 28, 1406. He was a man of +vast erudition, and held many important posts--his influence extending +so far that Charles VI of France implored his aid at the Roman court +for convening a general council. He was the author of a number of +commentaries and other works. Angelo was born in 1328, and died in +1407; he was (at the same time with his brother) professor of civil +law at Perusa, and wrote several commentaries and monographs. + +[180] Original in folio bound in parchment. It has forty-three good +sheets.--Note by Munoz. (Cited by Navarrete). + +[181] The matter in brackets in these proceedings is evidently notes +made by Munoz, although they may have been made by the Castilian +secretary. + +[182] The number acting for Portugal was not greater than for Spain, +as Gomara points out and whom Herrera copies, but the same on either +side, only while Portugal had two attorneys, Spain had one attorney +and one advocate.--_Navarrete_. + +[183] This date should be June 7, 1494. The Spanish letter of +authorization was dated June 5. + +[184] Original in handwriting of Don Hernando Colon. (Navarrete, +tomo iv, no. xxvii, pp. 343-355. + +[185] Of these navigators, Aloysius (Luigi) da Ca da Mosto made +a voyage to Cape Verde and Senegal, in 1454-55; Antonio de Noly, +to the Cape Verde Islands, in 1462; Pedro de Cintra (Italianized as +Piero d'Sinzia), to Senegal, in 1462; Diego Cano, to the Congo River +and inland, in 1484; Bartolome Diaz discovered the Cape of Good Hope +in 1486; and Vasco da Gama made several voyages to India, the first +in 1497. + +[186] This is a Latin translation of _Paesi nouamente retronati_ +(Vicenza, 1507)--the earliest known collection of voyages. It is +supposed to have been compiled by Alessandro Zorzi, a Venetian +cosmographer (according to Bartlett); but Fracanzio di Montalboddo, +according to Quaritch (_Catalogue_ No. 362, 1885). Facsimiles of the +titles of both books are given in Bartlett's _Bibliotheca Americana_, +part i, p. 40. + +[187] This is the book called today "the first book of the Kings." + +[188] The original is in folio bound in parchment, with ninety-five +good sheets.--Note by Munoz (cited by Navarrete). + +[189] The original is "Ambrosio y Teodosio y Macrobio." The same error +was made by Jaime Ferrer, who likewise gives these names as those +of three distinct men instead of one, his true name being "Aurelius +Theodosius Macrobius." See Dawson's _Lines of Demarcation_, 1899, +p. 510. + +[190] Referring to the _Ymago Mundi_ (1483?) of Pierre d'Ailly, +archbishop of Cambray, and cardinal; regarding this book, see +Bartlett's _Bibl. Americana_, part i, pp. 3-5. + +[191] This was the title conferred on Christopher Columbus by the +Catholic sovereigns. + +[192] The individuals of the municipal governing body upon whom +devolves the economic government of a city.--_Novisimo diccionario de +la lengua castellana_ (Paris and Mexico, 1899). See also _Diccionario +enciclopedico hispano-americano_ (Barcelona, 1887-1899), tomo xvii, +pp. 302-303. + +[193] The Consejo de las Ordenes [Council of the Military Orders] +was created by Charles V, from the separate councils of the various +military orders. This council consisted of a president and six or eight +knights, and both temporal and ecclesiastical powers were conferred +upon it. Clement VI approved it, extending its jurisdiction to tithes, +benefices, marriages, and other matters of ordinary authority, and +both Paul III and Saint Pius V confirmed it. Two important tribunals +were created, one called the Tribunal of the Churches, and the other +the Apostolic Tribunal. The first was created by Charles V, and was +under the charge of a Judge protector, and had charge of the repairs, +building, and adornment of the churches of the military orders. The +second was created by Philip II, in virtue of the bull of Gregory +XIII, of October 20, 1584,--this bull having as its object the +amicable adjustment of the disputes between the military orders +and the prelates in regard to jurisdiction, tithes, etc. In 1714 +the jurisdiction of the council was limited by Felipe IV, to the +ecclesiastical and temporal affairs of their own institution. In 1836 +the council was reorganized under the name of tribunal. The tribunal of +the churches was suppressed, as were also the offices of comptroller +and the remaining fiscal officials, and the funds diverted into the +national treasury. Jurisdiction in ecclesiastical matters was limited +to the four military orders of Santiago, Calatrava, Alcantara, and +Montesa. See _Dic.-encic. hisp-amer.,_ tomo v, pp. 821, 822. + +[194] Casa de Contratacion de las Indias (House of Commerce of +the Indies). A tribunal, having as its object the investigation +and determination of matters pertaining to the commerce and trade +of the Indies. It consisted of a president and several executive +officials,--both professional and unprofessional men--and a togated +fiscal agent. It was formerly in Seville, but removed later to +Cadiz.--_Dic. encic. hisp.-amer.,_ iv, p. 844. The documents relating +to the affairs of this house were kept formerly in a special archives, +but are housed at present in the Archivo general de Indias in Seville. + +[195] The _corregidor_ was the representative of the royal person, +and combined both judicial and executive functions; in some large +cities he was made president of the city council, with administrative +functions--an office nearly equivalent to that of mayor in American +cities. + +[196] See this document at p. 139, _ante_. + +[197] Garcia de Loaisa, a noted Spanish prelate, was born at Talavera +(Toledo) in 1479; at the age of sixteen, he entered the Dominican +order, of which he became provincial for Spain (1518), and finally +general of the order. He was greatly esteemed by the emperor Charles +V, who chose Loasia as his confessor; and he soon afterward became +bishop of Osma, and president of the Council of the Indies. Later, he +was made a cardinal, and elevated to the archbishopric of Seville. He +acted as Charles's representative at the court of Rome, and was, less +than a year before his death, appointed general of the Inquisition; +even in that short time one hundred and twenty persons were burned +at the stake, and six hundred more punished in various ways. Loaisa +died April 21, 1546. + +[198] The military order of Calatrava was formed to hold the town +of that name against the Moors, and was organized in 1164; it was +annexed to the Castilian crown during the reign of Carlos I. + +[199] It is said that this fair at Medina del Campo is still held +(in May and October of each year); and that money was lent by the +crown to persons who desired loans--hence the allusion in the text. + +[200] Ordinarily the tithes in each diocese were divided into +four equal parts--of which one was set aside for the bishop, +and one for the chapter. Then the other two were divided into +nine portions (_novenii_), whereof one and one-half were for the +_fabrica_ of the church (the corporate body who administered its +temporalities, consisting of the _cura_ and churchwardens), four for +the _parrocos_ (parish priests) and lower clergy, one and one-half +for the hospitals, and two for the King--all but this last being +variable. See Baluffi's _America en tempo Spagnuola_ (Ancona, 1844) +ii, p. 41.--_Rev_. T. C. _Middleton_, O. S. A. + +[201] The documents published by Navarrete in full, or in copious +extracts, are the most valuable; and they are usually such as are +otherwise comparatively or wholly unknown. It is to be regretted +that Navarrete has modernized the spelling, and otherwise "improved" +the text; but the originals are presented in all essential features, +and form a valuable collection of early documentary material. + +[202] An extract from Magalhaes's first will (December 17, 1504) +and the whole of his second (August 24, 1519) are given in English +translation in Guillemard's _Life of Magellan_, London, 1890, appendix +ii, pp. 316-326. + +[203] He therein petitions that the sum of twelve thousand five hundred +maravedis, allowed him for his services, be paid to the convent of +Vitoria at Triana. + +[204] Fernao de Magalhaes was a native of Oporto, and of noble +lineage. In early life he entered the Portuguese army, in which he +rendered distinguished service; from 1505 until probably 1511 he was in +India. Finding no opportunity for promotion in Portugal, he transferred +his allegiance (1518) to the King of Castile, and promised the latter +that he would discover a new route to Moluccas. Magalhaes set out on +this expedition September 20, 1519, with five ships, and discovered +the strait which bears his name; he also discovered and explored +partially the Philippine Archipelago. He was slain in a fight with +the natives in the island of Matan, April 27, 1521. + +[205] Navarrete presents only an analysis of this letter. + +[206] An itemized account (condensed) of the expenses involved in the +preparation and equipment of the fleet is given by Navarrete, no. xvii, +pp. 162-182. An English translation is presented in Guillemard's _Life +of Magellan_, appendix iv, pp. 329-336. From a comparison of the two, +it appears that the latter had access to the original documents at +Seville. Few slight differences occur between them. The figures as +given by Navarrete show several errors. The student will do well to +examine both of these lists. No. xviii in Navarrete, pp. 182-188, shows +the amounts and distribution of the food and other stores carried. + +[207] Navarrete says, _ut supra_, p. xiii, that the officials of +the House of Trade were always hostile to Magallanes. The Portuguese +machinations to cause the defeat and ruin of the expedition and the +efforts put forth to induce Magallanes to return to his allegiance +are well shown in two documents. The first is a letter written the +Portuguese king by Alvaro da Costa, September 28, 1518. Navarrete, +no. vi, pp. 123, 124, gives a Spanish extract made by Munoz from +the original in Portugal, and Guillemard, _ut supra_, pp. 114-116 +(see also note, p. 116), gives in part an English translation. The +second document is a letter written from Seville, July 18, 1519, by the +Portuguese factor Sebastian Alvarez to the King of Portugal. Navarrete, +no. xv, pp. 153-155, gives a Spanish extract made by Munoz. The +Portuguese of the entire letter is published in _Alguns Documentos_, +pp. 431-435. Guillemard, _ut supra_, pp. 130-134, gives an English +translation of its essential portions, which is borrowed, in part, +by Butterworth in _Story of Magellan_, pp. 46-48, New York, 1899. + +[208] All these are synopses of the documents. + +[209] _Ibid_. + +[210] More than this number actually sailed; see Guillemard, _Life +of Magellan_, p. 336. + +[211] The matter in brackets is evidently by Navarrete. + +[212] This document opens with a list of the various dignities of the +King and Queen of Spain, which is omitted here, as being similar to +that already given in the Treaty of Tordesillas. + +[213] Reference is here made to Juana, Carlos I's mother, the daughter +and nominally the successor of Isabella, and later of Ferdinand. Juana +being inflicted with insanity from 1503 until her death in 1555, +Ferdinand acted as regent until his death (1516), when Cardinal Ximenes +succeeded him in that capacity, acting until Carlos I attained his +majority. (1518)--Juana still being queen of Castile and Aragon. + +[214] The original is defective here, and these readings are +conjectural. + +[215] The title given formerly to the governor of a province. + +[216] The Portuguese transcriber was unable to decipher the original +of the bracketed words. Navarrete, who prints these instructions to +Magalhaes and Falero, (_Col. de Viages_, tomo iv, pp. 116-121) reads +this passage thus "quien se pase" and continues "e se asiente." _Alguns +Documentos_ reads "que ..." and continues "& se entregue." The MS. in +Torre do Tombo from which the Portuguese transcript was made read +"q enpase," continuing as does the Portuguese version. It must be +remembered that Navarrete took his copy from the original document +(existing in Seville) of the agreement made with Magalhaes and Falero, +made March 22, 1518; this was included in the instructions given +to Juan de Cartagena, the recipient of the present letter, and was +doubtless copied from the original in Seville. + +[217] A metal found by Columbus in the Isla Espanola. It is composed +of 18 parts gold, 6 of silver, and 8 of copper.--_Dic. de la Lengua +Castellano_. + +[218] This must have been the Strait of Magellan. + +[219] The Spanish reads literally, "They gave him a blow on the head +with a mallet." + +[220] The original is defective here, and this reading is only +conjectural. + +[221] Juan Sebastian del Cano.--_Stevens_. + +[222] Pietro Martire d'Anghiera (commonly known as Peter Martyr) was +an Italian priest and historian, who was born in 1455. At the age of +thirty-two years he went to the Castilian court; at various times, +he served in the army (during two campaigns), maintained a school +for boys, was sent as an ambassador to other courts, and in many ways +occupied a prominent place in the affairs of the Spanish Kingdom. He +died in 1526. His most noted work was _De orbe nouo Decades_ (Alcala, +1516); it had numerous editions, and was translated into several other +languages. An English translation of the first three Decades was made +by Richard Eden (London, 1555); this was reprinted in Arber's _First +Three English Books on America_ (Birmingham, 1885). + +[223] The name Bacallaos (according to early French writers a Basque +appellation of the codfish) was also applied, by a natural extension, +to the region afterward known as Canada. According to Peter Martyr, the +name Bacallaos was given to those lands by Sebastian Cabot, "because +of the great multitudes of fishes found in the seas thereabout." See +_Jesuit Relations_ (Cleveland reissue), i, p. 308, and ii, p. 295. + +[224] Fifty-six degrees west of the Canaries would be about +seventy-four degrees west of Greenwich--Magellan was some ten or +twelve degrees out.--_Stevens_. + +[225] Among whom was Esteven Gomez; this ship was the "San +Antonio."--_Steven's_. + +[226] The measure of length known as a mile varies greatly in different +countries. The geographical or nautical mile (one-sixtieth of a degree +of the equator, and equal to 1.153 English statute miles) is used +by mariners of all nations. The _milha_ of Portugal is equivalent +to 1.2786 English miles; the Italian _miglio_ varies from O.6214 to +1.3835 English miles; the _legua_ (league) of Spain amounts to 4.2151 +English miles. + +[227] San Pablo and Tiburones. Cf. Droysen and Andree's _Historischer +Hand Atlas_, 1884, Karte 83; also Admiralty Chart, Sec. xv, +767.--_Stevens_. + +[228] Inarajan, now confined to the port on the southeast coast of +Guajan, the southermost of the Ladrones.--_Stevens_. + +[229] Acacan,_i.e._ _Sosan_-jaya, the watering place at the west end +of Rota Island, north of Guajan.--_Stevens_. + +[230] The Caylon of Magellan, now confined to the port on the southwest +side of the island of Leyte, Philippines.--_Stevens_. + +[231] The Maasin of Coello, or Masin of Admiralty Chart, Sec. xiii, +943; at south end of island of Leyte, the Selani of text.--_Stevens_. + +[232] In the museum of the Colegio de Agustinos Filipinos at +Valladolid, Spain, is a tablet bearing the following inscription (in +English translation): "On the twenty-sixth of April, 1521, died on this +spot, while fighting valiantly, Don Hernando Magallanes, general of +the Spanish fleet, whose name alone is his greatest eulogy. Desiring +that the memory of the place where so famous and fatal an event +took place should not perish, and circumstances not permitting us +at this time to erect a monument worthy of the heroic discoverer, +this present inscription is religiously and humbly consecrated, +as a memorial, by the parochial priest of the island, the reverend +father Fray Benito Perez, on the twenty-ninth of February, 1843." This +tablet is about three feet by one and one-half feet in size, and is +made of molave wood; the letters (capitals) are neatly carved in the +wood--the work being done, in all probability, by some native under +the priest's supervision. Attached to the tablet is a card, bearing +the following inscription: "This inscription, cut in molave wood, was +accidentally found by the very reverend father Fray Jorge Romanillos, +the present parish priest of Opong, in the island of Mactang, where it +stood beside a cross, before the erection of the monument. He sends +it as a memento to the royal college of the Augustinian Fathers of +the Filipinas, at Valladolid, in the year 1887." + +[233] Or Quipit, the port of this name on the northwest part of +Mindanao, applied in error to the whole island.--_Stevens_. + +[234] Probably Yolo, certainly one of the Sulu islands.--_Stevens_. + +[235] _I.e._ Ternate, Moter, Tidore, Maru, Mutjan.--_Stevens_. + +[236] "They did not find Cattigara" is as true today as when +Maximilian wrote in 1522. For various conflicting authorities upon +its site _north_ of the equator, cf. ante p.312, and McCrindle's +_Ancient India_, 1885, p.10. Ptolemy however places it (Asia Tab. xi) +nine degrees _south_ of the equator. For a curious chapter upon this +point see Manoel Godinho de Eredia's _Malacca_, edited by Janssen, +Brussels, 1883. 4to, part 3. Why not Kota-Radja at the north end +of Sumatra?--_Stevens_. + + + + + + +End of the Project Gutenberg EBook of The Philippine Islands, 1493-1803 +by Emma Helen Blair + +*** END OF THIS PROJECT GUTENBERG EBOOK THE PHILIPPINE ISLANDS, 1493-1803 *** + +***** This file should be named 13255.txt or 13255.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/3/2/5/13255/ + +Produced by Jeroen Hellingman and the Distributed Proofreaders Team + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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