The Philippine Islands, 1493-1803 — Volume 01 of 55 - 1493-1529 - 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

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Title: The Philippine Islands, 1493-1803 — Volume 01 of 55 - 1493-1529 - 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
Author: Blair, Emma Helen, -1911 [Editor], Bourne, Edward Gaylord, 1860-1908 [Annotator], Robertson, James Alexander, 1873-1939 [Editor]
Language: English
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*** Start of this LibraryBlog Digital Book "The Philippine Islands, 1493-1803 — Volume 01 of 55 - 1493-1529 - 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" ***

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 this LibraryBlog Digital Book "The Philippine Islands, 1493-1803 — Volume 01 of 55 - 1493-1529 - 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" ***

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