The prevalence of a supervision and discipline so parental for the mass of the people in the colony could but react upon the ruling class, and La Perouse remarks upon the absence of individual liberty in the islands: "No liberty is enjoyed: inquisitors and monks watch the consciences; the oidors (judges of the Audiencia) all private affairs; the governor, the most innocent movements; an excursion to the interior, a conversation come before his jurisdiction; in fine, the most beautiful and charming country in the world is certainly the last that a free man would choose to live in." [127]

Intellectual apathy, one would naturally suppose, must be the consequence of such sedulous oversight, and intellectual progress impossible. Progress in scientific knowledge was, indeed, quite effectually blocked.

The French astronomer Le Gentil gives an interesting account of the conditions of scientific knowledge at the two Universities in Manila. These institutions seemed to be the last refuge of the scholastic ideas and methods that had been discarded in Europe. A Spanish engineer frankly confessed to him that "in the sciences Spain was a hundred years behind France, and that in Manila they were a hundred years behind Spain." Nothing of electricity was known but the name, and making experiments in it had been forbidden by the Inquisition. Le Gentil also strongly suspected that the professor of Mathematics at the Jesuit College still held to the Ptolemaic system. [128]

But when we keep in mind the small number of ecclesiastics in the islands we must clear them of the charge of intellectual idleness. Their activity, on the other hand, considering the climate was remarkable. [129] An examination of J.T. Medina's monumental work [130] on printing in Manila and of Retana's supplement [131] reveals nearly five hundred titles of works printed in the islands before 1800. This of course takes no account of the works sent or brought to Spain for publication, which would necessarily comprise a large proportion of those of general rather than local interest, including of course the most important histories. To these should be added no small number of grammars and dictionaries of the native languages, and missionary histories, that have never been printed. [132] The monastic presses in the islands naturally were chiefly used for the production of works of religious edification, such as catechisms, narratives of missions, martyrdoms, lives of saints, religious histories, and hand-books to the native languages. Simpler manuals of devotion, rosaries, catechisms, outlines of Christian doctrine, stories of martyrdoms, etc., were translated for the Indians. Of these there were about sixty in the Tagal, and from three to ten or twelve each in the Visayan, Vicol, Pampanga, Ilocan, Panayan, and Pangasinan languages. [133]

If, as is credibly asserted, the knowledge of reading and writing was more generally diffused in the Philippines than among the common people of Europe, [134] we have the singular result that the islands contained relatively more people who could read, and less reading matter of any but purely religious interest, than any other community in the world. Yet it would not be altogether safe to assume that in the eighteenth century the list of printed translations into the native languages comprised everything of European literature available for reading; for the Spanish government, in order to promote the learning of Spanish, had prohibited at times the printing of books in Tagal. [135] Furthermore, Zuniga says explicitly that "after the coming of the Spaniards they (i.e. the people in Luzon) have had comedies, interludes, tragedies, poems, and every kind of literary work translated from the Spanish, without producing a native poet who has composed even an interlude." [136] Again, Zuniga describes a eulogistic poem of welcome addressed by a Filipino villager to Commodore Alava. This loa, as this species of composition was called, was replete with references to the voyages of Ulysses, the travels of Aristotle, the unfortunate death of Pliny, and other incidents in ancient history. The allusions indicate some knowledge at any rate outside the field of Christian doctrine, even if it was so slight as not to make it seem beyond the limits of poetic license to have Aristotle drown himself in chagrin at not being able to measure the depths of the sea, or to have Pliny throw himself into Vesuvius in his zeal to investigate the causes of its eruption. The literary interests of the Indians found their chief expression however in the adaptation of Spanish plays for presentation on religious holidays. Zuniga gives an entertaining description of these plays. They were usually made up from three or four Spanish tragedies, the materials of which were so ingeniously interwoven that the mosaic seemed a single piece. The characters were always Moors and Christians, and the action centered in the desire of Moors to marry Christian princesses or of Christians to marry Moorish princesses. The Christian appears at a Moorish tournament or vice versa. The hero and heroine fall in love but their parents oppose obstacles to the match. To overcome the difficulties in case of a Moor and Christian princess was comparatively easy. A war opportunely breaks out in which, after prodigies of valor, the Moor is converted and baptized, and the wedding follows. The case is not so easy when a Christian prince loves a Moorish lady. Since he can never forsake his religion his tribulations are many. He is imprisoned, and his princess aids in his attempt to escape, which sometimes costs him his life; or if the scene is laid in war time either the princess is converted and escapes to the Christian army, or the prince dies a tragic death. The hero is usually provided with a Christ, or other image or relic, given him by his dying mother, which extricates him from his many plights. He meets lions and bears, and highwaymen attack him; but from all he escapes by a miracle. If, however, some principal personage is not taken off by a tragic end, the Indians find the play insipid. During the intermission one or two clowns come out and raise a laugh by jests that are frigid enough "to freeze hot water in the tropics." After the play is over a clown appears again and criticizes the play and makes satirical comments on the village officials. These plays usually lasted three days. [137] Le Gentil attended one of them and says that he does not believe any one in the world was ever so bored as he was. [138] Yet the Indians were passionately fond of these performances. [139]

If one may judge from Retana's catalogue of his Philippine collection arranged in chronological order, the sketch we have given of the literature accessible to Filipinos who could not read Spanish in the eighteenth century would serve not unfairly for much of the nineteenth. The first example of secular prose fiction I have noted in his lists is Friar Bustamente's pastoral novel depicting the quiet charms of country life as compared with the anxieties and tribulations of life in Manila. [140] His collection did not contain so far as I noticed a single secular historical narrative in Tagal or anything in natural science.

Sufficient familiarity with Spanish to compensate for this lack of books of secular knowledge was enjoyed by very few Indians in the country districts and these had learned it mainly while servants of the curate. It was the common opinion of the Spanish authorities that the Friars purposely neglected instructing the Indians in Spanish, in order to perpetuate their hold upon them; but Zuniga repels this charge as unjust and untrue. [141]

It is obvious that it was impracticable for the Indians to learn Spanish under the mission system. For the pastor of a pueblo of several hundred families to teach the children Spanish was an impossibility. A few words or simple phrases might be learned, but the lack of opportunity for constant or even frequent practice of the language in general conversation would make their attainments in it far below those of American grammar-school children in German in cities where that has been a compulsory study. [142] As long as the mission system isolated the pueblos from contact with the world at large, it of necessity followed that the knowledge of Spanish would be practically limited to such Indians as lived in Manila or the larger towns, or learned it in the households of the Friars. Slavery with its forced transplanting has been the only means by which large masses of alien or lower races have been lifted into the circle of European thought and endowed with a European language. If such a result is secured in the future in any large measure for the Filipino, it can be accomplished only by the translation of English or Spanish literature into the Tagal and other languages, on a scale not less generous than the work of the Friars in supplying the literature of religious edification. This will be a work of not less than two or three generations, and of a truly missionary devotion.

We have now surveyed in its general aspects the old regime in the Philippines, and supplied the necessary material upon which to base a judgment of this contribution of Spain to the advancement of civilization. In this survey certain things stand out in contrast to the conventional judgment of the Spanish colonial system. The conquest was humane, and was effected by missionaries more than by warriors. The sway of Spain was benevolent, although the administration was not free from the taint of financial corruption. Neither the islands nor their inhabitants were exploited. The colony in fact was a constant charge upon the treasury of New Spain. The success of the enterprise was not measured by the exports and imports, but by the number of souls put in the way of salvation. The people received the benefits of Christian civilization, as it was understood in Spain in the days of that religious revival which we call the Catholic Reaction. This Christianity imposed the faith and the observances of the mediaeval church, but it did for the Philippine islanders who received it just what it did for the Franks or Angles a thousand years earlier. It tamed their lives, elevated the status of women, established the Christian family, and gave them the literature of the devotional life.

Nor did they pay heavily for these blessings. The system of government was inexpensive, and the religious establishment was mainly supported by the landed estates of the orders. Church fees may have been at times excessive, but the occasions for such fees were infrequent. The tenants of the church estates found the friars easy landlords. Zuniga describes a great estate of the Augustinians near Manila of which the annual rental was not over $1,500, while the annual produce was estimated to be not less than $70,000, for it supported about four thousand people. [143] The position of women was fully as good among the Christian Indians of the Philippines as among the Christian people of Europe. But conspicuous among the achievements of the conquest and conversion of the islands in the field of humanitarian progress, when we consider the conditions in other European tropical colonies, have been the prohibition of slavery and the unremitting efforts to eradicate its disguised forms. These alone are a sufficient proof that the dominating motives in the Spanish and clerical policies were humane and not commercial. Not less striking proof of the comfortable prosperity of the natives on the whole under the old Spanish rule has been the steady growth of the population. At the time of the conquest the population in all probability did not exceed a half-million. In the first half of the eighteenth century according to the historian of the Franciscans, San Antonio, the Christian population was about 830,000. At the opening of the nineteenth century Zuniga estimated the total at a million and a half as over 300,000 tributes were paid. The official estimate in 1819 was just short of 2,600,000; by 1845 Buzeta calculates the number at a little short of four millions. In the next half century it nearly doubled. [144]

In view of all these facts one must readily accord assent to Zuniga's simple tribute to the work of Spain. "The Spanish rule has imposed very few burdens upon these Indians, and has delivered them from many misfortunes which they suffered from the constant warfare waged by one district with another, whereby many died, and others lived wretched lives as slaves. For this reason the population increased very slowly, as is now the case with the infidels of the mountain regions who do not acknowledge subjection to the King of Spain. Since the conquest there has been an increase in well-being and in population. Subjection to the King of Spain has been very advantageous in all that concerns the body. I will not speak of the advantage of knowledge of the true God, and of the opportunity to obtain eternal happiness for the soul, for I write not as a missionary but as a philosopher." [145]

The old regime in the Philippines has disappeared forever. In hardly more than a generation the people have passed from a life which was so remote from the outside contemporary world that they might as well have been living in the middle ages in some sheltered nook, equally protected from the physical violence and the intellectual strife of the outside world, and entirely oblivious of the progress of knowledge. They find themselves suddenly plunged into a current that hurls them along resistlessly. Baptized with fire and blood, a new and strange life is thrust upon them and they face the struggle for existence under conditions which spare no weakness and relentlessly push idleness or incapacity to the wall. What will be the outcome no man can tell. To the student of history and of social evolution it will be an experiment of profound interest.

Edward Gaylord Bourne

Yale University, October, 1902.



Preface to Volume I

The history of the Philippine archipelago is fitly introduced by presenting a group of documents which relate to Pope Alexander VI's Line of Demarcation between the respective dominions of Spain and Portugal in the recently-discovered New World. So many controversies regarding this line have at various times arisen, and so little on the subject has appeared in the English tongue, that we have thought it well to place before our readers the more important of the documents relating thereto, of which a brief synopsis is here given.

They begin with Alexander's Bulls—two dated on the third and one on the fourth day of May, 1493. The first of these (commonly known as Inter caetera) grants to. Spain all the lands in the West, recently discovered or yet to be discovered, which are hitherto unknown, and not under the dominion of any Christian prince. The second (Eximiae devotionis, also dated May 3) grants to Spain the same rights in those discoveries which had formerly been conferred on Portugal in Africa. These grants are superseded by the Bull of May 4 (Inter caetera), which establishes the Demarcation Line, and grants to Spain all lands west and south thereof which were not already in the possession of any Christian prince. Still another Bull (dated September 25 of the same year) authorizes Spain to extend her sovereignty also over lands which shall be discovered to the East, including India—thus practically annulling both the Demarcation Line and previous concessions to Portugal. The latter power's remonstrances against this infringement of her former rights lead to the Treaty of Tordesillas (June 7, 1494), in which, by mutual agreement between the sovereigns, a new line of demarcation is established to be drawn two hundred and seventy leagues farther west than that of Alexander VI; and another document (dated April 15, 1495) makes suitable arrangements for a scientific and equitable determination of this boundary. The final action of the Holy See in this matter is indicated by a Bull of Leo X (Praecelsae, dated November 3, 1514) granted to Portugal; it confirms all previous papal gifts to that power of lands in the East, and grants to her both past and future discoveries and conquests, there and elsewhere. Disputes arising between Spain and Portugal over the ownership of the Moluccas or Spice Islands (see letters of Carlos I to his ambassadors at Lisbon, February 4 and December 18, 1523; and the treaty of Vitoria, February 19, 1524), the Junta of Badajoz is convened (April 11-May 31, 1524) to settle this question; and that body fixes the Line of Demarcation three hundred and seventy leagues west of San Antonio, the most westerly of the Cape Verde Islands. (In this connection are presented the opinions of Hernando Colon, Sebastian Cabot, and other competent judges; and letters from Carlos I to the Spanish deputies.) This settlement proving ineffectual, the Moluccas are relinquished to Portugal by the treaty of Zaragoza (April 22, 1529), Spain retaining possession of the Philippine Islands, although the terms of that treaty placed them outside of her jurisdiction.

Reverting to a somewhat earlier date, we note incidentally the Bull of Alexander VI (Eximiae, November 16, 1501) which authorizes the Spanish monarchs to levy tithes on the natives and inhabitants of their newly-acquired possessions in the western world; and proceed to a summary of the life and voyages of Fernao de Magalhaes (commonly known as Magellan). Synopses are given of many documents published by Navarrete, dated from 1518 to 1527: a contract by Magalhaes and Falero to deliver to the House of Commerce of Seville one-eighth of all gains accruing to them from their future discoveries; a petition from the same men to Carlos I regarding the expedition which they are about to undertake; remonstrances against the undertaking, by the Portuguese ambassador in Spain, Magalhaes's request for more money; various appointments in the fleet; restriction of the number of seamen; instructions to Magalhaes; a royal order that Ruy Falero shall not accompany the expedition; Magalhaes's last will; the expense account of the fleet; an attempted mutiny on one of the ships; Francisco Albo'* journal of Magalhaes's voyage; description of the cargo brought back to Spain by the "Victoria;" investigation of Magalhaes's death; treaties with the natives of the Moluccas; advice given to the emperor by Diego de Barbosa; Brito's account of Magalhaes's voyage; and the confiscation of two of his ships by the Portuguese.

This resume is followed by various supplementary documents. A royal mandate (March 22, 1518) authorizes Falero and Magalhaes to undertake their expedition of discovery. A letter from Carlos to King Manuel of Portugal (February 28, 1519) assures him that nothing in this enterprise is intended to infringe upon Portuguese rights. A document written (April 6, 1519) to Juan de Cartagena, appointed inspector-general of Magalhaes's fleet, gives detailed instructions as to his duties in that office, especially in regard to the equipment of the fleet, its trading operations in the Orient, the royal share of profits to be derived therefrom, and the current accounts of the enterprise; he is also charged with the necessary arrangements for the colonization of lands to be discovered, and commanded to furnish to the King information as to the treatment of the natives by their Spanish conquerors, and the general conduct of the officers of the expedition, etc. The fleet is ordered (April 19, 1510) to proceed directly to the Spice Islands, and all persons belonging to it are exhorted to obey Magalhaes. A letter (1522) to the King of Spain gives information about Magalhaes's death, obtained from some Spanish ship-boys who had found their way to the Portuguese posts in India. The earliest published account of this noted expedition is the letter written (October 24, 1522) to Matthaeus Lang, archbishop of Salzburg, by a natural son of his named Maximilian Transylvanus (then a student at Valladolid), relating the events of Magallanes's voyage to the Moluccas (1519-21), his death at the hands of hostile natives, and the further experiences of his followers in the Philippine archipelago and on their homeward voyage. The small remnant of this expedition—the ship "Victoria," and eighteen men—reach Spain on September 6, 1522, the first persons thus completing the circumnavigation of the globe.

At this point should appear in the present series the relation of Magalhaes's voyage written by Antonio Pigafetta, who himself accompanied the great discoverer. Printed books gave Pigafetta's relation in abridged form, in both French and Italian, as early as 1525 and 1536 respectively; but apparently his own original work has never hitherto been adequately presented to the world. The Editors of the present series, desiring to supply this deficiency, purpose to publish an exact transcription from Pigafetta's original manuscript, with accompanying English translation. They have not, however, been able to secure it in time for Volume II, where it should appear; it will accordingly be presented to their readers at a later period in this work.

The Editors



Documents Regarding the Line of Demarcation—1493-1529



Papal bulls: Inter caetera (May 3), Eximiae (May 3), Inter caetera (May 4), Extension de la concesion (September 25)—1493. Treaty of Tordesillas—June 7, 1494. [Note on correspondence of Jaime Ferrer—1493-95.] Compact between the Catholic Sovereigns and the King of Portugal—April 15, 1495. Papal bull, Praecelsae—November 3, 1514. Instructions from the King of Spain to his ambassadors—February 4, 1523. Letter from Carlos I to Juan de Zuniga—December 18, 1523. Treaty of Vitoria—February 19, 1524. Junta of Badajoz: extract from the records (April 14-May 13), opinions of cosmographers (April 13-15), letters to the Spanish delegates (March 21, April 10)—1524. Treaty of Zaragoza—April 22, 1529.



Sources: See Bibliographical Data at end of this volun

Translations: The Papal Bulls are translated by Rev. Thomas Cooke Middleton, D.D., O.S.A.; the Treaty of Zaragoza, by Jose M. Asensio; the remaining documents of this group are compiled, translated, and arranged by James A. Robertson.



Papal Bulls of 1493

Inter Caetera—May 3

Alexander, etc., to the illustrious sovereigns, our very dear son in Christ, Ferdinand, King, and our very dear daughter in Christ, Helisabeth [Isabella], Queen, of Castile and Leon, Aragon, Sicily, and Granada health and apostolic benediction. Among other works well pleasing to his divine Majesty, and cherished of our heart, this assuredly ranks highest that in our times especially the Catholic faith and the Christian religion be everywhere increased and spread, as well as that the health of souls be procured, and barbarous nations overthrown and brought to the faith itself. Wherefore inasmuch as by the favor of divine clemency, through no fitting merits of ours, we have been raised to this holy see of Peter, recognizing that as true Catholic kings and princes such as we have always known you to be, and as your illustrious deeds already known to almost the whole world declare, you not only eagerly desire but with every effort, zeal, and diligence, without regard to hardships, expenses, dangers, with the shedding even of your blood, are laboring to that end; recognizing besides that already you have long ago dedicated to this purpose your whole soul and all your endeavors—as witnessed in these times with so much glory to the divine name in your recovery of the kingdom of Granada from the yoke of the Moors—we therefore not unrighteously hold it as our duty to grant you even of our own accord and in your favor those things, whereby daily and with heartier effort you may be enabled for the honor of God himself and the spread of the Christian rule to accomplish your saintly and praiseworthy purpose so pleasing to immortal God. In sooth we have learned that, according to your purpose long ago, you were in quest of some far-away islands and mainlands not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and profession of the Catholic faith the inhabitants of them with the dwellers therein; that hitherto, having been earnestly engaged in the siege and recovery of the kingdom itself of Granada, you were unable to accomplish this saintly and praiseworthy purpose; but, at length, as was pleasing to the Lord, the said kingdom having been regained, not without the greatest hardships, dangers, and expenses, we have also learned that with the wish to fulfil your desire, you chose our beloved son Christopher Colon, whom you furnished with ships and men equipped for like designs, so as to make diligent quest for these far-away unknown countries through the sea, which hitherto no one has sailed; who in fine with divine aid nor without the utmost diligence sailing in the Ocean Sea, as said, through western waters towards the Indies, discovered certain very far-away islands and even mainlands, that hitherto had not been discovered by others. Therein dwell very many peoples living in peace, and, as reported, going unclothed, nor users of flesh meat. Moreover, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, Creator in heaven, besides being sufficiently ready in appearance to embrace the Catholic faith and be trained in good morals. Nor is hope lacking that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be introduced into the said countries and islands. Besides on one of these aforesaid chief islands the above-mentioned Christopher has already had put together and built a fortress [146] fairly well equipped, wherein he has stationed as garrison certain Christians, companions of his, who are to make search for other far-away and unknown islands and countries. In the islands and countries already discovered are found gold, spices, and very many other precious things of divers kinds and species. Wherefore, as becoming to Catholic kings and princes, after earnest consideration of all matters especially of the rise and spread of the Catholic faith, as was the fashion of your ancestors, kings of renowned memory, you have purposed with the favor of divine clemency to bring under your sway the said countries and islands with their inhabitants and the dwellers therein, and bring them to the Catholic faith. Hence in heartiest commendation in the Lord of this your saintly and praiseworthy purpose, desirous too that it be duly accomplished in the carrying to those regions of the name of our Savior, we exhort you very earnestly in the Lord and insist strictly—both through your reception of holy baptism, whereby you are bound to our apostolic commands, and through the bowels of the mercy of our Lord Jesus Christ, that inasmuch as with upright spirit and through zeal for the true faith you design to equip and despatch this expedition, you purpose also, as is your duty, to lead the peoples dwelling in those islands to embrace the Christian profession; nor at any time let dangers or hardships deter you therefrom, with the stout hope and trust in your hearts that almighty God will further your undertakings. Moreover, in order that with greater readiness and heartiness you enter upon an undertaking of so lofty a character as has been entrusted to you by the graciousness of our apostolic favor, we, moved thereunto by our own accord, not at your instance nor the request of anyone else in your regard, but of our own sole largess and certain knowledge as well as in the fulness of our apostolic power, by the authority of almighty God conferred upon us in blessed Peter and of the vicarship of Jesus Christ which we hold on earth, do by tenor of these presents give, grant, and assign forever to you and your heirs and successors, kings of Castile and Leon, all and singular the aforesaid countries and islands thus unknown and hitherto discovered by your envoys and to be discovered hereafter, providing however they at no time have been in the actual temporal possession of any Christian owner, together with all their dominions, cities, camps, places, and towns as well as all rights, jurisdictions, and appurtenances of the same wherever they may be found. Moreover we invest you and your aforementioned heirs and successors with them, and make, appoint, and depute you owners of them with full and free power, authority, and jurisdiction of every kind, with this proviso however, that by this gift, grant, assignment, and investiture of ours no right conferred on any Christian prince is hereby to be understood as withdrawn or to be withdrawn. Moreover we command you in virtue of holy obedience, that, employing all due diligence in the premises, as you promise—nor do we doubt your compliance therewith to the best of your loyalty and royal greatness of spirit—you send to the aforesaid countries and islands worthy, God-fearing, learned, skilled, and experienced men in order to instruct the aforesaid inhabitants and dwellers therein in the Catholic faith, and train them in good morals. Besides, under penalty of excommunication late sententie to be incurred ipso facto, [147] should anyone thus contravene, we strictly forbid all persons of no matter what rank, estate, degree, order, or condition, to dare, without your special permit or that of your aforesaid heirs and successors, to go for the sake of trade or any other purpose whatever to the said islands and countries discovered and found by your envoys or persons sent thither. And inasmuch as some kings of Portugal, by similar apostolic grant made to them, discovered and took possession of islands in the waters of Africa, Guinea, and the Gold Mine, [148] as well as elsewhere, far which reason divers privileges, favors, liberties, immunities, exemptions, and indults were granted to them by this apostolic see, we through similar accord, authority, knowledge, and fulness of our apostolic power, by a gift of special favor, do empower you and your aforesaid heirs and successors, in the islands and countries discovered and to be discovered by you, to use, employ, and enjoy freely and legally, as is right, in all things and through all things, the same as if they had been especially granted to you and your aforesaid heirs and successors, all and singular these favors, privileges, exemptions, liberties, faculties, immunities, and indults, whereof the terms of all we wish understood as being sufficiently expressed and inserted, the same as if they had been inserted word for word in these presents. Moreover we similarly extend and enlarge them in all things and through all things in favor of you and your aforesaid heirs and successors, the apostolic constitutions and ordinances as well as all those things that have been granted in the letters above or other things whatsoever to the contrary notwithstanding. We trust in him from whom derive empires and governments and everything good, that with the guidance of the Lord over your deeds, should you pursue this saintly and praiseworthy undertaking, in a short while your hardships and endeavors will result in the utmost success to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree that to copies of them, signed by the hand of a notary public commissioned therefor and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else, as would be given to these presents, should they be exhibited or shown. Let no one, therefore, infringe, or with rash boldness contravene this our exhortation, requisition, gift, grant, assignment, investiture, deed, constitution, deputation, mandate, inhibition, indult, exemption, enlargement, will, and decree. Should any one presume to do so, be it known to him that he will incur the wrath of Almighty God, and of the blessed apostles Peter and Paul. Given in Rome at St. Peter's, on the third day of May in the year one thousand four hundred and ninety-three, of the incarnation of our Lord, in the first year of our pontificate.

Gratis by order [of our most holy lord the Pope.]

B. Capotius Coll. A. de Compania D. Sorrano N. Casanova



Eximiae—May 3

Alexander, etc., to the illustrious sovereigns, our very dear son in Christ Ferdinand, King, and our very dear daughter in Christ Elizabeth [Isabella], Queen of Castile, Leon, Aragon and Granada, health, etc. The sincereness and whole-souled loyalty of your exalted attachment to ourselves and the church of Rome deserve to have us grant in your favor those things whereby daily you may the more easily be enabled to the honor of Almighty God and the spread of Christian government as well as the exaltation of the Catholic faith to carry out your saintly and praiseworthy purpose and the work already undertaken of making search for far-away and unknown countries and islands. For this very day through our own accord and certain knowledge, as well as fulness of our apostolic power, we have given, granted, and assigned forever, as appears more fully in our letters drawn up therefor, to you and your heirs and successors, kings of Castile and Leon, all and singular the far-away and unknown mainlands and islands lying to the west in the Ocean Sea, that have been discovered or hereafter may be discovered by you or your envoys, whom you have equipped therefor not without great hardships, dangers, and expense; providing however these countries be not in the actual possession of Christian owners. But inasmuch as by this apostolic see have been granted divers privileges, favors, liberties, immunities, exemptions, faculties, letters, and indults to some kings of Portugal, who also by similar apostolic grant and donation in their favor, have discovered and taken possession of other countries and islands in the waters of Africa, Guinea, and the Gold Coast, with the desire to empower by our apostolic authority, as also is right and fitting, you and your aforesaid heirs and successors with graces, prerogatives, and favors of no less character; moved also thereto wholly by our own similar accord, not at your instance nor the petition of any one else in your favor, but through out own sole liberality as well as the same knowledge and fulness of our apostolic power, we do by tenor of these presents, as a gift of special favor, empower you and your aforesaid heirs and successors to the end that in the islands and countries, already discovered by you or in your name and to be discovered hereafter, you may freely and legally, as is proper, use, employ, and enjoy in all things and through all things exactly the same as if they had been granted especially to you and your aforesaid heirs and successors, all and singular the graces, privileges, exemptions, liberties, faculties, immunities, letters, and indults that have been granted to the kings of Portugal, the terms whereof we wish to be understood as sufficiently expressed and inserted, the same as if they had been inserted word for word in these presents. Moreover we extend similarly and enlarge these powers in all things and through all things to you and your aforesaid heirs and successors, to whom in the same manner and form we grant them forever, the apostolic constitutions and ordinances as well as all grants of similar kind made by letters to the kings of Portugal, as well as other things whatsoever to the contrary notwithstanding. But as it would be difficult to have these present letters sent to all places where desirable, we wish and with similar accord and knowledge do decree that to copies of them, signed by the hand of a public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents should they be exhibited or shown. Let no one therefore, etc., infringe, etc., this our indult, extension, enlargement, grant, will, and decree. Should any one, etc. Given at Rome at St. Peter's, in the year, etc., one thousand four hundred and ninety-three, the third day of May, the first year of our pontificate.

Gratis by order of our most holy lord the Pope.

Jo. Nilis. D Gallettus.



Inter Caetera—May 4

Alexander, etc., to the illustrious sovereigns, our very dear son in Christ, Ferdinand, King, and our very dear daughter in Christ, Helisabeth [Isabella], Queen of Castile and Leon, Aragon, Sicily, and Granada, health, etc. Among other works well pleasing to his divine Majesty and cherished of our heart, this assuredly ranks highest: that in our times especially the Catholic faith and the Christian law be exalted and everywhere increased and spread as well as that the health of souls be procured, and barbarous nations overthrown and brought to the faith itself. Wherefore inasmuch as by the favor of divine clemency, through no fitting merits of ours, we have been raised to so holy a see as Peter's, recognizing that as true Catholic kings and princes such as we have always known you to be, and as your illustrious deeds already known to almost the whole world declare, you not only eagerly desire but with every effort, zeal, and diligence, without regard to hardships, expenses, dangers, with the shedding even of your blood, are laboring to that end; that besides you have already long ago dedicated to this purpose your whole soul and all your endeavors, as witnessed in these times with so much glory to the divine name in your recovery of the kingdom of Granada from the yoke of the Moors, we therefore not unrighteously hold it as our duty to grant you even of our own accord and in your favor those things whereby daily and with heartier effort you may be enabled for the honor of God himself and the spread of the Christian rule to accomplish your saintly and praiseworthy purpose so pleasing to immortal God. In sooth we have learned that according to your purpose long ago you were in quest of some far-away islands and mainlands not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and the profession of the Catholic faith the inhabitants of them with the dwellers therein; that hitherto having been earnestly engaged in the siege and recovery of the kingdom itself of Granada you were unable to accomplish this saintly and praiseworthy purpose; but at length, as was pleasing to the Lord, the said kingdom having been regained, not without the greatest hardships, dangers, and expenses, that with the wish to fulfil your desire, you chose our beloved son, Christopher Colon, a man assuredly worthy and of the highest recommendations as well as furnished with ships and men equipped for like designs, to make diligent quest for these far-away, unknown mainlands and islands through the sea, where hitherto no one has sailed; who in fine, with divine aid, nor without the utmost diligence, sailing in the Ocean Sea discovered certain very far-away islands and even mainlands that hitherto had not been discovered by others, wherein dwell very many peoples living in peace, and, as reported, going unclothed, nor users of flesh meat; and, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, Creator in heaven, besides being sufficiently ready in appearance to embrace the Catholic faith and be trained in good morals. Nor is hope lacking that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be introduced into the said countries and islands. Besides on one of these aforesaid chief islands the said Christopher has already had put together and built a well-equipped fortress, wherein he has stationed as garrison certain Christians, companions of his, who are to make search for other far-away and unknown islands and mainlands. In certain islands and countries already discovered are found gold, spices, and very many other precious things of divers kinds and species. Wherefore, as becoming to Catholic kings and princes, after earnest consideration of all matters, especially of the rise and spread of the Catholic faith, as was the fashion of your ancestors, kings of renowned memory, you have purposed with the favor of divine clemency to bring under your sway the said mainlands and islands with their inhabitants and the dwellers therein, and bring them to the Catholic faith. Hence in heartiest commendation in the Lord of this your saintly and praiseworthy purpose, desirous too that it be duly accomplished in the carrying to those regions of the name of our Savior, we exhort you very earnestly in the Lord and insist strictly both through your reception of holy baptism, whereby you are bound to our apostolic commands, and in the bowels of the mercy of our Lord Jesus Christ, that, inasmuch as with upright spirit and through zeal for the true faith you design to equip and despatch this expedition, you purpose also as is your duty to lead the peoples dwelling in those islands and countries to embrace the Christian religion; nor at any time let dangers nor hardships deter you therefrom, with the stout hope and trust in your hearts that Almighty God will further your undertakings. Moreover, moved thereunto by our own accord, not at your instance nor the request of any one else in your regard, but wholly of our own largess and certain knowledge as well as fulness of our apostolic power, by the authority of Almighty God conferred upon us in blessed Peter and of the vicarship of Jesus Christ, which we hold on earth, in order that with greater readiness and heartiness you enter upon an undertaking of so lofty a character as has been entrusted to you by the graciousness of our apostolic favor, by tenor of these presents should any of said islands have been found by your envoys and captains, we do give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, together with all their dominions, cities, camps, places, and towns, as well as all rights, jurisdictions, and appurtenances, all islands and mainlands found and to be found, discovered and to be discovered towards the west and south, by drawing and establishing a line from the Arctic pole, namely the north, to the Antarctic pole, namely the south, no matter whether the said mainlands and islands are found and to be found in the direction of India or towards any other quarter, the said line to the west and south to be distant one hundred leagues from any of the islands commonly known as the Azores and Cabo Verde. With this proviso however that none of the islands and mainlands found and to be found, discovered and to be discovered beyond that said line towards the west and south, be in the actual possession of any Christian king or prince up to the birthday of our Lord Jesus Christ just past in the present year one thousand four hundred and ninety-three. Moreover we make, appoint and depute you and your said heirs and successors owners of them with full and free power, authority, and jurisdiction of every kind; with this proviso however that through this gift, grant, and assignment of ours no right conferred on any Christian prince, who may be in actual possession of said islands and mainlands up to the said birthday of our Lord Jesus Christ, is hereby to be considered as withdrawn or to be withdrawn. Moreover we command you in virtue of holy obedience that, employing all due diligence in the premises, as you promise, nor do we doubt your compliance therein to the best of your loyalty and royal greatness of spirit, you send to the aforesaid main-lands and islands worthy, God-fearing, learned, skilled, and experienced men, in order to instruct the aforesaid inhabitants and dwellers therein in the Catholic faith and train them in good morals. Besides under penalty of excommunication late sententie to be incurred ipso facto, should any one thus contravene, we strictly forbid all persons of whatsoever rank, even imperial and royal, or of whatsoever estate, degree, order, or condition, to dare, without your special permit or that of your aforesaid heirs and successors, to go, as charged, for the purpose of trade or any other reason to the islands and mainlands found and to be found, discovered and to be discovered, towards the west and south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the mainlands and islands found and to be found lie in the direction of India or towards any other quarter whatsoever, the said line to the west and south to be distant one hundred leagues from any of the islands commonly known as the Azores and Cabo Verde, the apostolic constitutions and ordinances and other decrees whatsoever to the contrary notwithstanding. We trust in him from whom derive empires and governments and everything good, that with his guidance, should you pursue this saintly and praiseworthy undertaking, in a short while your hardships and endeavors will result in the utmost success, to the happiness and glory of all Christendom. But inasmuch as it would be difficult to have these present letters sent to all places where desirable, we wish, and with similar accord and knowledge do decree, that to copies of them, signed by the hand of any public notary commissioned therefor, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown in court and outside as well as anywhere else as would be given to these presents, should they thus be exhibited or shown. Let no one therefore, etc., infringe, etc., this our recommendation, gift, grant, assignment, constitution, deputation, decree, mandate, prohibition, and will. Should any one, etc. Given at Rome at St. Peter's in the year, etc., one thousand four hundred and ninety-three, the fourth of May, and the first year of our pontificate.

Gratis by order of our most holy lord the Pope.

D. Gallectus.

For the registrar:

A. de Muciarellis. Collator, L. Amerinus.



Extension of the Apostolic Grant and Donation of the Indies—September 25

Alexander, Bishop, servant of the servants of God, to the illustrious sovereigns, his very dear Son in Christ Fernando [Ferdinand], King, and his very dear Daughter in Christ Isabel, Queen of Castile, Leon, Aragon, Granada, health and Apostolic benediction. A short while ago through our own accord, certain knowledge, and fulness of our Apostolic power, we gave, conveyed, and assigned forever to you and your heirs and successors, kings of Castile and Leon, all islands and mainlands whatsoever, discovered and to be discovered towards the west and south, that were not under the actual temporal rule of any Christian owner. Moreover, investing therewith you and your aforesaid heirs and successors, we appointed and deputed you as owners of them with full and free power, authority, and jurisdiction of every kind, as more fully appears in our letters given to that effect, the terms whereof we wish to be understood the same as if they had been inserted word for word in these presents. But it may happen that your Envoys, Captains, or vassals, while voyaging towards the west or south might land and touch in eastern waters and there discover islands and mainlands that at one time belonged or even yet belong to India.

With the desire then to give you token of our graciousness, through similar accord, knowledge, and fulness of our power, by tenor of these presents and our apostolic authority, we do extend and enlarge our aforesaid gift, grant, assignment, and letters, with all and singular the clauses contained therein, so as to secure to you all islands and mainlands whatsoever that are found and to be found, discovered and to be discovered, are or were or seem to be in the route by sea or land to the west or south, but are now recognized as being in the waters of the west or south and east and India Moreover in all and through all, the same as if in the aforesaid letters full and express mention had been made thereof, we convey to you and your aforesaid heirs and successors full and free power through your own authority, exercised through yourselves or by the action of another or of others, to take corporal possession of the said islands and countries and to hold them forever, as well as to defend your right thereto against whomsoever may seek to prevent it. With this strict prohibition however to all persons, of no matter what rank, estate, degree, order or condition, that under penalty of excommunication latae sententiae, wherein such as contravene are to be considered as having fallen ipso facto, no one without your express leave or that of your aforesaid heirs and successors shall, for no matter what reason or pretense, presume in any manner to go or send to the aforesaid regions for the purpose of fishing, or of searching for any islands or mainlands. Notwithstanding any apostolic constitutions and ordinances or whatsoever gifts, grants, powers, and assignments of the aforesaid regions, seas, islands and countries, or any portion of them, may have been made by us or our predecessors in favor of whatsoever kings, princes, infantes, or whatsoever other persons, orders or knighthoods, who for any reason whatever may now be there, even for motives of charity or the faith, or the ransom of captives. Nor shall it matter how urgent these reasons may be, even though, based on repealing clauses, they may appear of the most positive, mandatory, and unusual character; nor even should there be contained therein sentences, censures, and penalties of any kind whatever, providing however these have not gone into effect through actual and real possession; nay even though it may have happened on occasion that the persons, to whom such gifts and grants were made, or their envoys, sailed thither through chance. Wherefore should any such gifts or grants have been made, considering the terms of our present decree to have been sufficiently expressed and inserted, we through similar accord, knowledge, and fulness of our power do wholly revoke the former. Moreover as regards countries and islands not in actual possession of others, we wish this to be considered as of no effect, notwithstanding what may appear in the aforesaid letters, or anything else to the contrary. Given at Rome at St. Peter's, on the twenty-fifth day of September in the year of the Incarnation of our Lord one thousand four hundred and ninety-three, the second year of our pontificate.



The Treaty of Tordesillas

[This treaty was signed by the respective representatives of the Spanish and Portuguese monarchs, June 7, 1494, at the city of Tordesillas. Full powers were conferred upon these representatives in special letters, that of the Catholic sovereigns being given June 5 at Tordesillas, and that of King Dom Joan of Portugal, March 8. The former sovereigns, as well as their son Don Juan, signed the treaty in person, at Arevalo, July 2; the King of Portugal, September 5, at Setubal—each ratifying it fully. The letter given by Ferdinand and Isabella to their representatives is as follows:]

Don Fernando and Dona Isabel, by the grace of God, King and Queen of Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia, Mallorcas, Sevilla, Cerdena, Cordova, Corcega, Murcia, Jahan, Algarbe, Algezira, Gibraltar, and the Canary Islands; count and countess of Barcelona; seigniors of Vizcaya and Moljna; duke and duchess of Atenas and Neopatria; count and countess of Rosellon and Cerdanja; marquis and marchioness of Oristan and Goceano: Inasmuch as the most serene King of Portugal, our very dear and beloved brother, sent hither his ambassadors and representatives [the names and titles follow] for the purpose of conferring and negotiating a treaty and compact with us and with our ambassadors and representatives acting in our name, in regard to the controversy existing between ourselves and the said most serene King of Portugal, our brother, concerning what lands, of all those discovered prior to this date, in the Ocean Sea, belong to ourselves and to him respectively; therefore we, having entire confidence that you Don Enrrique Enrriques, our chief steward, Don Guterre de Cardenas, deputy-in-chief of Leon [149] and our auditor-in-chief, and doctor Rodrigo Maldonado, all members of our council, are persons who will guard our interests, and that you will perform thoroughly and faithfully what we order and recommend, by this present letter delegate to you, specially and fully, all our authority in as definitive a form as possible, [150] and as is requisite in such cases, in order that you may, for us and in our name and in those of our heirs and successors, our kingdoms and seigniories, [151] and the subjects and natives of them, confer concerning, conclude, ratify, and contract and determine with the said ambassadors acting in the name of the most serene King of Portugal, our brother, whatever compact, contract, bound, demarcation, and covenant regarding the above, by whatever bounds of the winds, degrees of north latitude and of the sun, and by whatever parts, divisions, and places of the heavens, sea, and land, [152] may seem best to you. And we delegate our said power to you in such manner that you may leave to the said King of Portugal, and to his kingdoms and successors, all seas, islands, and mainlands that may be and exist within such bound and demarcation, which shall be and remain his. [153] And further, we delegate to you the said power so that in our name, and in those of our heirs and successors, and of our kingdoms and seigniories, and the subjects and natives of them, you may affirm, concur in, approve, and arrange with the said King of Portugal and the said ambassadors and representatives acting in his name, that all seas, islands, and mainlands that may be and exist within the bound and demarcation of the coasts, seas, islands, and mainlands which shall be and remain ours and our successors', may be ours and belong to our seigniory and conquest, and likewise to our kingdoms and the successors to the same, with such limitations and exceptions, [154] and with all other clauses and declarations that you deem best. [Furthermore we delegate the said powers] so that you may negotiate, authorize, contract, compact, approve, and accept in our name, and those of our said heirs and successors, and of all our kingdoms and seigniories, and the subjects and natives of the same, whatever covenants, contracts, and instruments of writing, with whatever bonds, decrees, forms, conditions, obligations, requirements, penalties, submissions, and renunciations you wish, and as may seem best to you, regarding all the aforesaid, and every part and parcel of the same, and every thing pertaining to it, or dependent upon it, or having even the slightest connection with it. And in regard to the foregoing you shall have authority to enact and authorize, and you shall enact and authorize, all and singular, of whatever nature and quality, weight and importance, they may or can be, although they may be such as by their terms should require in addition our signature and especial order, and of which especial and express mention should be made fully, and which we, in our own proper persons, could enact, authorize, and approve. Furthermore, we authorize you fully, to swear, and you shall swear, upon our consciences, that we, our heirs and successors, subjects, natives, and vassals, now and hereafter shall keep, observe, and fulfil, and that they shall keep, observe, and fulfil, really and effectually, all that you thus affirm, covenant, swear, authorize, and asseverate, without any deceit, fraud, duplicity, dissembling, or pretense. And in this manner, you shall, in our name, covenant, asseverate, and promise that we, in our own person, shall asseverate, swear, promise, authorize, and affirm all that you, in our name, asseverate, promise, and covenant in regard to the preceding, within whatever term and space of time you deem best, and that we shall observe and fulfil this, really and effectually, and under the conditions, penalties, and obligations contained in the treaty of peace [155] concluded and ratified between ourselves and the said most serene King, our brother, and under all other conditions whatsoever promised and determined upon by you, for all of which we promise, from this date, to pay the penalty if we violate them. For all the above, and each part and parcel of it, we grant to you the said authority with free and general powers of administration, and we promise and affirm by our kingly faith and word, we, our heirs and successors, to keep, observe, and fulfil everything, concerning all the aforesaid enacted, covenanted, sworn, and promised by you, in whatever form and manner; and we promise faithfully to maintain the same to the uttermost, now and forever, and neither ourselves nor our heirs and successors shall violate this compact, or any part of it, by any act of our own, or our agents, either directly or indirectly, under any pretense or cause, in judgment or out of it, under the express obligation of all our possessions, patrimonial and fiscal, and all other possessions whatsoever of our vassals, subjects, and natives, real and personal, acquired or to be acquired. In affirmation of the above we have caused this our letter of authorization to be given, and we sign the same with our names and order it sealed with our seal.... [Signatures of the King, Queen, and Royal Secretary.]

[The letter of authorization granted by the King of Portugal follows. It is couched in much the same terms as the preceding. It opens as follows:]

Don Juan, by the grace of God, King of Portugal and the Algarbes, on either side of the sea in Africa, and Seignior of Guinea: To all who shall see this our letter of authority and powers of attorney, we proclaim: that inasmuch as certain islands were discovered and found by command of the most exalted, excellent, and powerful Princes, King Don Fernando and Queen Dona Ysabel [certain of their dignities follow] our very dear and beloved brother and sister, and other islands and mainlands may in future be discovered and found, regarding certain of which, known already or to be known, there might arise disputes and controversy between ourselves and our kingdoms and seigniories, and the subjects and natives of the same, because of our rights therein—which may our Lord forbid,—it is our desire, because of the great love and friendship between us, and in order to seek, procure, and maintain greater peace, and more enduring concord and tranquillity, that the sea, in which the said islands were and shall be found, be divided and allotted between us in some good, sure, and circumscribed manner; and inasmuch as at present we cannot attend to this in person, and confiding in you, Ruy de Sosa, Seignior of Usagres [156] and Berenguel, and Don Juan de Sosa, our intendant-in-chief, and Arias de Almadana, magistrate of civil cases in our court, and a member of our desenbargo (all members of our council), we grant you by the present letter our full and complete power and authority and our special command, and we appoint and constitute you all jointly, and two of you and one of you yn soljdun, [157] in any manner whatsoever, if the others be prevented, as our ambassadors and representatives; and we do this in the most definitive form [158] possible and generally and specifically as is requisite in such cases,—in such manner that the general is not obscured by the specific nor the specific by the general. This we do so that, in our name, and those of our heirs and successors, and of all our kingdoms and seigniories, and the subjects and natives of the same, you may confer concerning, conclude, and ratify, and contract and determine with the said King and Queen of Castilla, our brother and sister, or with those empowered by the latter, whatever agreement, compact, limitation, demarcation, and contract regarding the Ocean Sea and the islands and mainlands contained therein, by whatever directions of winds and degrees of north latitude, and of the sun, and by whatever parts, divisions, and places of the heavens, land, and sea [159] you may deem best. [From this point the language is almost identical with that in the foregoing letter of authorization. The present letter is signed by the king and his secretary. The treaty proper follows:]

Thereupon it was declared by the above-mentioned representatives of the aforesaid King and Queen of Castilla, Leon, Aragon, Secilia, Granada, etc.; and of the aforesaid King of Portugal and the Algarbes, etc.: That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the Ocean Sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively; therefore, for the sake of peace and concord, and for the preservation of the relationship and love of the said King of Portugal for the said King and Queen of Castilla, Aragon, etc., it being the pleasure of their Highnesses, they, their said representatives, acting in their name and by virtue of their powers herein described, covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said Ocean Sea—from the Arctic to the Antarctic pole. This boundary, or line [160] shall be drawn straight, as aforesaid, at a distance of three hundred and seventy leagues west of the Cabo Verde islands, being calculated by degrees, or by any other manner, as may be considered the best and readiest, provided the distance shall be no greater than above said. And all lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter by the said King of Portugal and by his vessels on this side of the said line and bound determined as above, toward the east, in either north or south latitude, on the eastern side of the said bound, provided the said bound is not crossed, shall belong to, and remain in the possession of, and pertain forever to the said King of Portugal and his successors. And all other lands—both islands and mainlands, found or to be found hereafter, discovered or to be discovered hereafter, which have been discovered or shall be discovered by the said King and Queen of Castilla, Aragon, etc., and by their vessels, on the western side of the said bound, determined as above, after having passed the said bound toward the west, in either its north or south latitude, shall belong to, and remain in the possession of, and pertain forever to the said King and Queen of Castilla, Leon, etc., and to their successors.

Yten [Item]: [161] the said representatives promise and affirm by virtue of the powers aforesaid, that from this date no ships shall be despatched,—namely as follows: the said King and Queen of Castilla, Leon, Aragon, etc., for this part of the bound, and its eastern side, on this side the said bound, which pertains to the said King of Portugal and the Algarbes, etc.; nor the said King of Portugal to the other part of the said bound which pertains to the said King and Queen of Castilla, Aragon, etc.,—for the purpose of discovering and seeking any mainlands or islands, or for the purpose of trade, barter, or conquest of any kind. But should it come to pass that the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., on sailing thus on this side of the said bound, should discover any mainlands or islands in the region pertaining, as above said, to the said King of Portugal, such mainlands or islands shall pertain to and belong forever to the said King of Portugal and his heirs, and their Highnesses shall order them to be surrendered to him immediately. And if the said ships of the said King of Portugal discover any islands and mainlands in the regions of the said King and Queen of Castilla, Leon, Aragon, etc., all such lands shall belong to and remain forever in the possession of the said King and Queen of Castilla, Leon, Aragon, etc., and their heirs, and the said King of Portugal shall cause such lands to be surrendered immediately.

Yten: In order that the said line or bound of the said division may be made straight and as nearly as possible the said distance of three hundred and seventy leagues west of the Cabo Verde islands, as hereinbefore stated, the said representatives of both the said parties agree and assent that within the ten months immediately following the date of this treaty, their said constituent lords shall despatch two or four caravels, namely, one or two by each one of them, a greater or less number, as they may mutually consider necessary. These vessels shall meet at the island of Grande Canaria [Grand Canary Island] during this time, and each one of the said parties shall send certain persons in them, to wit, pilots, astrologers, sailors, and any others they may deem desirable. But there must be as many on one side as on the other, and certain of the said pilots, astrologers, sailors, and others of those sent by the said King and Queen of Castilla, Aragon, etc., and who are experienced, shall embark in the ships of the said King of Portugal and the Algarbes; in like manner certain of the said persons sent by the said King of Portugal shall embark in the ship or ships of the said King and Queen of Castilla, Aragon, etc.: a like number in each case, so that they may jointly study and examine to better advantage the sea, courses, winds, and the degrees of the sun or of north latitude, [162] and lay out the leagues aforesaid, in order that, in determining the line and boundary, all sent and empowered by both the said parties in the said vessels, shall jointly concur. These said vessels shall continue their course together to the said Cabo Verde islands, from whence they shall lay a direct course to the west, to the distance of the said three hundred and seventy degrees, measured as the said persons shall agree, and measured without prejudice to the said parts. When this point is reached, such point will constitute the place and mark for measuring degrees of the sun or of north latitude either by daily runs measured in leagues, or in any other manner that shall mutually be deemed better. This said line shall be drawn north and south as aforesaid, from the said Arctic pole to the said Antarctic pole. And when this line has been determined as above said, those sent by each of the aforesaid parties, to whom each one of the said parties must delegate his own authority and power, to determine the said mark and bound, shall draw up a writing concerning it and affix thereto their signatures. And when determined by the mutual consent of all of them, this line shall be considered forever as a perpetual mark and bound, in such wise that the said parties, or either of them, or their future successors, shall be unable to deny it, or erase or remove it, at any time or in any manner whatsoever. And should, perchance, the said line and bound from pole to pole, as aforesaid, intersect any island or mainland, at the first point of such intersection of such island or mainland by the said line, some kind of mark or tower shall be erected, and a succession of similar marks shall be erected in a straight line from such mark or tower, in a line identical with the above-mentioned bound. These marks shall separate those portions of such land belonging to each one of the said parties; and the subjects of the said parties shall not dare, on either side, to enter the territory of the other, by crossing the said mark or bound in such island or mainland.

Yten: Inasmuch as the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., sailing as before declared, from their kingdoms and seigniories to their said possessions on the other side of the said line, must cross the seas on this side of the line, pertaining to the said King of Portugal, it is therefore concerted and agreed that the said ships of the said King and Queen of Castilla, Leon, Aragon, etc., shall, at any time and without any hindrance, sail in either direction, freely, securely, and peacefully, over the said seas of the said King of Portugal, and within the said line. And whenever their Highnesses and their successors wish to do so, and deem it expedient, their said ships may take their courses and routes direct from their kingdoms to any region within their line and bound to which they desire to despatch expeditions of discovery, conquest, and trade. They shall take their courses direct to the desired region and for any purpose desired therein, and shall not leave their course, unless compelled to do so by contrary weather. They shall do this provided that, before crossing the said line, they shall not seize or take possession of anything discovered in his said region by the said King of Portugal; and should their said ships find anything before crossing the said line, as aforesaid, it shall belong to the said King of Portugal, and their Highnesses shall order it surrendered immediately. And since it is possible that the ships and subjects of the said King and Queen of Castilla, Leon, etc., or those acting in their name, may discover within the next twenty days of this present month of June following the date of this treaty, some islands and mainlands within the said line, drawn straight from pole to pole, that is to say, inside the said three hundred and seventy leagues west of the Cabo Verde islands, as aforesaid, it is hereby agreed and determined, in order to remove all doubt, that all such islands and mainlands found and discovered in any manner whatsoever up to the said twentieth day of this said month of June, although found by ships and subjects of the said King and Queen of Castylla, Aragon, etc., shall pertain to and remain forever in the possession of the said King of Portugal and the Algarbes, and of his successors and kingdoms, provided that they lie within the first two hundred and fifty leagues of the said three hundred and seventy leagues reckoned west of the Cabo Verde islands to the above-mentioned line,—in whatsoever part, even to the said poles, of the said two hundred and fifty leagues they may be found, determining a boundary or straight line from pole, to pole, where the said two hundred and fifty leagues end. Likewise all the islands and mainlands found and discovered up to the said twenty days of this present month of June, by the ships and subjects of the said King and Queen of Castilla, Aragon, etc., or in any other manner, within the other one hundred and twenty leagues that still remain of the said three hundred and seventy leagues where the said bound that is to be drawn from pole to pole, as aforesaid, must be determined, and in whatever part of the said one hundred and twenty leagues, even to the said poles that they are found up to the said day, shall pertain to and remain forever in the possession of the said King and Queen of Castilla, Aragon, etc., and of their successors and kingdoms; just as whatever is or shall be found on the other side of the said three hundred and seventy leagues pertaining to their Highnesses, as aforesaid, is and must be theirs, although the said one hundred and twenty leagues are within the said bound of the said three hundred and seventy leagues pertaining to the said King of Portugal, the Algarbes, etc., as aforesaid. [163]

And if, up to the said twentieth day of this said month of June, no lands are discovered by the said ships of their Highnesses within the said one hundred and twenty leagues, and are discovered after the expiration of that time, then they shall pertain to the said King of Portugal as is set forth in the above.

[The faithful observance by the respective sovereigns, of every point of this treaty is provided for in the fullest of terms by the commissioners, by virtue of the powers delegated to them; and this is sworn "before God, the Blessed Mary, and on the sign of the Cross." The instrument must receive also the sanction of the Pope, who will be asked to confirm the same by means of a bull in which the agreements of the treaty will be given. [164] The commissioners bind themselves under the foregoing oaths and penalties that, "within the one hundred days immediately following the date of this treaty, they will mutually exchange approbations and ratifications of the said treaty, written on parchment, and signed with the names of their said constituents, and sealed with their seals." Don Juan, heir to the Spanish crown, shall sign the instrument as well as Ferdinand and Isabella, and the whole shall be witnessed in proper manner.]



Note on Correspondence of Jaime Ferrer

[For lack of space, certain documents to and by Jaime Ferrer, regarding the line of demarcation, cannot be included in this series. These documents—a letter from the Cardinal Despanya, Archbishop of Toledo, Don Pedro de Mendoza, Barcelona, August 26, 1493; a letter from Ferrer to the Catholic sovereigns, Barcelona, January 27, 1495; Ferrer's opinion regarding the treaty of Tordesillas (undated, but probably in 1495); and a letter from the Catholic sovereigns, Madrid, February 28, 1495,—will be found in Navarrete, Coll. de viages, tomo ii, edition 1825, pp. 97-110; edition 1858, pp. 111-117, part of num. lxviii; and a translation of all but the first in Dawson's Lines of Demarcation (printed in Translations of the Royal Society of Canada, 1899-1900, second series, vol. v, sec. ii, pp. 541-544,—also printed separately). Navarrete states that these documents, were printed in Barcelona in 1545, in a now rare book compiled by Ferrer under the title Sentencias catholicas del Divi poeta Dant. In the first letter, signed "El Cardenal," Ferrer's presence is requested in Barcelona; he is to take with him his mappamundo and all his cosmographical instruments.]



Compact Between the Catholic Sovereigns and the King of Portugal, Regarding the Demarcation and Division of the Ocean Sea

Don Fernando and Dona Isabel, by the grace of God, King and Queen of Castilla, etc.: Inasmuch as, among other things in the treaty and compact regarding the division of the Ocean Sea, negotiated between ourselves and the most Serene King of Portugal and the Algarbes on either side of the sea in Africa, and Seignior of Guinea, our most dear and beloved brother, it was agreed and covenanted that, within the first ten months following the date of this treaty, our caravels and his, accompanied by astrologers, pilots, sailors, and others, agreed upon by ourselves and himself,—a like number on either side—shall be in the island of La Gran Canaria, in order to proceed to the determination and drawing of the divisional line of the said sea—which must be three hundred and seventy leagues west of the Cabo Verde islands, in a straight north and south line from the Arctic to the Antarctic pole, as covenanted between us by the said treaty of the division of the said sea, as is more fully set forth therein;—and inasmuch as we now consider that the line of the said division at the distance of the said three hundred and seventy leagues can be determined and calculated better, if the said astrologers, pilots, sailors, and others, come to a definite conclusion and agreement regarding the manner and order of procedure to be observed in the determination and marking of the said line, before the sailing of the said caravels, by so doing avoiding disputes and controversies that might arise regarding it among those going, if these had to be arranged after the departure; and inasmuch as it would be quite useless for the said caravels and persons to go before knowing that any island or mainland had been found in each one of the said parts of the said sea, and to which they must proceed immediately and orderly: Now therefore, in order that all this may be done to better advantage, and with the full and free consent of both sides, we agree and by this present letter consent that the said astrologers, pilots, sailors, and others determined upon with the said King, our brother—a like number on either side, and of sufficient number for this matter—must assemble and they shall assemble along any part of the frontier of these our Kingdoms and the Kingdom of Portugal. During the whole month of July first following the date of this letter these men shall consult upon, covenant concerning, and determine the manner of making the said divisional line of the said sea at the distance of the said three hundred and seventy leagues west of the said Cabo Verde islands, by means of a straight north and south line from the Arctic to the Antarctic Pole, as is set forth in the said treaty. And whatever they determine upon, unanimously, and whatever is concluded and marked out by them, shall be approved and confirmed through our letters-patent, by us and by the said King, our brother. And if after the said astrologers, pilots, and sailors, appointed as above said, shall have arrived at a conclusion, each one of the said parties going to that part of the said sea, according to the permission of the said treaty, and thereby observing the contents of said treaty, any island or mainland shall be found hereafter, which either of the parties consider to be so situated that the said line can be determined in accordance with the stipulations of the said treaty, and the one party shall cause notification to be given the other party that they shall cause the line abovesaid to be marked out, we and the said King, our brother, shall be obliged to have the said line determined and marked out, in accordance with the method determined upon by the astrologers, pilots, and sailors, and others abovesaid, and appointed as abovesaid, within the period of the first ten months reckoned from the date that either of the parties notified the other. And should it prove that the land thus found is not cut by the said line, a declaration of its distance from the said line shall be given, both on our own part and that of the said most serene King, our brother. They shall not, However, neglect to make the said declaration regarding any island or mainland which shall be found afterwards, during the period, nearer the said line. And in doing the aforesaid, they shall not neglect to observe the manner aforesaid, whenever any island or mainland is found in the neighborhood of the said line as aforesaid, and up to the said time of the said ten months after the notification of one party by the other, as aforesaid. It is our pleasure in this our letter to postpone and defer the departure of the said caravels and persons, notwithstanding the limit set and determined in the above-mentioned treaty in regard to it. And we therefore are pleased and consider it advantageous—for the better notification and declaration of the division of the said sea made by the said treaty between ourselves and the said King, our brother; and in order that both our subjects and natives and the subjects and natives of the said King our brother may be better informed henceforth as to the regions wherein they may navigate and discover,—to order (as in truth we shall order), under severe penalties, that the line of the said division be placed on all hydrographical maps made hereafter in our kingdoms and seigniories by those journeying in the said Ocean Sea. This line shall be drawn straight from the said Arctic to the said Antarctic pole, north and south, at the distance of the said three hundred and seventy leagues west of the Cabo Verde islands, as aforesaid, being measured as determined unanimously by the said astrologers, pilots, and sailors meeting as abovesaid. And we purpose and stipulate that neither this present letter nor anything contained herein, be prejudicial in any manner to the contents and compacts of the said treaty, but rather that they, all and singular, be observed throughout in toto without any failure, and in the manner and entirety set forth in the said treaty; inasmuch as we have caused the present letter to be made in this manner, simply in order that the said astrologers and persons shall assemble and, within the said time, shall determine the order of procedure and the method to be observed in making the said line of demarcation, and in order to postpone and defer the departure of the said caravels and persons, until the said island or mainland, whither they must go, is known to have been found in each one of the said parts, and in order to command that the line of the said division be placed on the said hydrographical maps,—all of which is set forth most fully in the above. We promise and asseverate on our kingly faith and word, to fulfil and observe all of the foregoing, without any artifice, deceit, or pretense in the manner and in the entirety set down in the above. And in confirmation of the above, we cause this our letter to be given, signed with our names, and sealed with our leaden seal hanging from threads of colored silk.

[Dated at Madrid, April 15, 1495. [165] Signatures of the King and Queen, and the Royal Secretary.]



Bull, Praecelsae, of Leo X



November 3, 1514

[This bull, called Precelse denotionis, confirms and extends certain bulls of Leo X's predecessors, Nicholas V and Sixtus IV, reciting the bulls so confirmed and extended—two of the former and one of the latter. In the first bull, Dum diversas, authority is granted to King Alfonso V of Portugal to make war upon the infidels, to conquer their lands, and to reduce them to slavery. It concedes also plenary indulgence for their sins to all taking part in the expeditions against the Moors, or aiding the expeditions with gifts. [166] Its date is June 18, 1452. The second bull is dated January 8, 1454, and is called Romanus Pontifex. In it Nicholas "after reviewing with praise the zeal of Prince Henry in making discoveries and his desire to find a route to southern and eastern shores even to the Indians, granted to King Alfonso all that had been or should be discovered south of Cape Bojador and Cape Non toward Guinea and 'ultra versus illam meridionalem plagam' as a perpetual possession." [167] The third bull, the Eterni Regis of June 21, 1481, confirms that of Nicholas V. It "granted to the Portuguese Order of Jesus Christ [168] spiritual jurisdiction in all lands acquired from Cape Bojador 'ad Indos.'" This bull also contained and sanctioned the treaty of 1480 between Spain and Portugal, by which the exclusive right of navigating and of making discoveries along the coast of Africa, with the possession of all the known islands of the Atlantic except the Canaries, was solemnly conceded to Portugal. [169] After thus reciting these bulls ("of our own accord ... approve, renew, and confirm the aforesaid instruments" [170]) Pope Leo extends and amplifies them in the following words:]

And for added assurance, we do by virtue of the authority and tenor of the above instruments, concede anew, [to the King of Portugal] everything, all and singular, contained in the aforesaid instruments, as well as all other empires, kingdoms, principalities, duchies, provinces, lands, cities, towns, forts, dominions, islands, ports, seas, coasts, and all possessions whatsoever, real or personal, wherever they may be, and all uninhabited places whatsoever, recovered, found, discovered, and acquired from the above-mentioned infidels by the said King Emmanuel and his predecessors, or to be hereafter recovered, acquired, found and discovered, by the said King Emmanuel and his successors—both from Capes Bogiador and Naon [171] to the Indies and any district whatsoever, wherever situated, even although at present unknown to us. And likewise we do extend and amplify the instruments above-mentioned and everything, all and singular contained therein, as aforesaid, and in virtue of holy obedience, under penalty of our [wrath,] we do, by the authority and tenor of the foregoing, forbid all faithful Christians, whomsoever, even although possessing imperial, regal, or any other dignity whatsoever, from hindering, in any manner, King Emmanuel and his successors in the aforesaid, and from presuming to lend assistance, counsel, or favor to the infidels. [The Archbishop of Lisboa and the Bishops of Guarda and Funchal are ordered to see that the provisions of this bull are observed. [172]]



Instructions from the King of Spain to His Ambassadors in the Negotiations with Portugal

[In this document, written in Valladolid, February 4, 1523, and signed by the king and the chancellor and countersigned by the king's secretary Cobos, the king lays down the following points:]

First, that the course of action mapped out for you, our said notary-in-chief Barroso, in answer to your letter reporting your conversation with the duke of Berganza regarding this treaty, seemed then, and seems still right and proper; since by this course we declare in effect our purpose and wish to fulfil in toto toward the said most serene King, the treaty concerning the division and demarcation of the seas, negotiated between the Catholic sovereigns—my lords and grandparents—and King Don Juan of Portugal. I order you, likewise, to ascertain briefly what regions lie within the right of our conquest, and where are the limits of our demarcation, and those of the said most serene King of Portugal. And you shall ascertain in what manner restitution of whatever I may have appropriated of his possessions, with the profit accruing therefrom, may be made to the said most serene King, the latter making to our Royal crown the same restitution of whatever he may have appropriated, with all profits and revenues arising therefrom.

That we believe the reason for the refusal of the said most serene King to accept the expedients proposed, and for his recent reply to us, transmitted through you, the said notary-in-chief Barroso, was due to his not being informed thoroughly in regard to the said expedients, and of our past and present intention and wish to fulfil strictly in every point the said treaty; and to preserve and augment, by fair dealing on our part, our relations with, and love toward, the said most serene King. For these reasons we beseech him earnestly that he have the said expedients examined; that he treat and confer concerning them, singly and collectively; and that he inform us of whatever in them, singly or collectively, seems wrong or prejudicial to his rights—in order that we, through our great affection for him and our desire for its increase, may have his objections examined and discussed before our royal person by the members of our Council. This done we shall order what is unjust to be remedied, and the said most serene King, shall, in no wise, receive any hurt, in what by right pertains to him.

[The king orders further that his ambassadors confer discreetly and prudently with the Portuguese king and others, and advise him promptly as to the outcome, that he may take the proper steps. He continues:]

In case that you are unable to prevail upon the said most serene King to reexamine the said expedients, and if he declares that he has seen them already, and that he has informed us, through you, the said notary-in-chief Barroso, of his dissatisfaction regarding them,—although without stating in detail his causes for dissatisfaction—and that he proposed now that we each send two caravels to determine the said demarcation, in the meantime neither himself nor myself despatching our fleets to Maluco, you shall reply in this manner: that whatever pertains to the sending of the said caravels to determine the said demarcation is in perfect accord with our desires, and we are quite well satisfied with the proposal, since such a procedure is in keeping with the said treaty, which will in this manner, be fulfilled so far as we are concerned. And you shall confer briefly with him and with those he shall appoint concerning the method of procedure—the tons burdens of the said caravels; the astrologers, cosmographers, notaries, pilots, and others who shall embark in each vessel; in what manner they shall be armed; and for what time victualed and provisioned. You shall stipulate that a certain number of our subjects shall embark in his caravels, and a like number of his subjects in ours, who shall all be designated by name, in order that the determination and measurements might proceed with more fairness and justice. Also all documents, both measurements and proofs, made for the verification of the above, shall be made in presence of the notaries sent in the said caravels by each of us. They shall be made before those notaries in such manner that one notary shall be present always for each one of us, and two others shall sign the said documents, which without such signatures shall be invalid. And you shall confer upon all other desirable topics, in order that the voyage be fair to us both, and the demarcation be made in accordance to the said treaty, and that those sailing in the said caravels have desire only to ascertain and declare the truth. Before concluding anything discussed and treated by you, you shall first advise us. But as regards saying that, during the time taken in fixing upon the said demarcation, neither of us shall send his fleets to the Maluco Islands, you shall reply to the said most serene King that, as he may see clearly, it is neither just nor reasonable to ask this of me, for the agreement and treaty neither prohibits nor forbids of it, and to do this would be to the detriment of my rightful and civil possession in the said Maluco Islands, and in the other islands and mainlands which will be discovered by my fleets during this time of fixing upon the said demarcation. He is aware that I am received and obeyed as king and lord of those Maluco Islands, and that those who, until the present, held possession of these regions, have rendered me obedience as king and rightful seignior, and have been, in my name, appointed as my governors and lieutenants over the said regions. He knows, too, that my subjects, with much of the merchandise carried by my fleet, are at the present time in these regions. For these reasons it is not reasonable to ask that I discontinue my possession of these districts during the time of determining the demarcation, especially since the said most serene King has never held possession, past or present, of any of the said Maluco Islands, or of any others discovered by me up to the present; nor has his fleet touched at or anchored therein.

You shall say to him that, inasmuch as I have not asked that he discontinue to hold his possessions in Malaca and other regions discovered by him, although I have been assured on many different occasions by many different persons of learning and judgment—a number of whom are natives of the Kingdom of Portugal—that these regions pertain to me and to my crown, being, as these men declare, within the limits of our demarcation, he will recognize quite fully the injustice of asking me to discontinue sending my fleets to Maluco and other regions where I am in civil and rightful possession, and am obeyed and regarded as legitimate seignior, as aforesaid.

Should the said most serene King propose to you that it would be a fair expedient to us both that, during the time of determining the demarcation, since we claim that Malaca and many other islands where he carries on trade lie within the limits of our demarcation and pertain to us, he will desist from despatching his vessels and fleets to those regions, provided that I do the same as regards whatever of the Maluco and other islands discovered by me in those regions, and claimed by him as lying within his demarcation; or should he propose any other expedient or innovation not in this present writing, you shall make answer that such expedient is new, and that we have no knowledge of it. On this account you shall request that he allow you to consult with us. After this discussion you shall advise me of the matter.

[The instructions conclude by urging the ambassadors to proceed prudently, and to impress the Portuguese monarch with the affection felt toward him by Carlos, and the latter's desire for its continuance. The ambassadors are to act in complete harmony with one another, and to carry on negotiations jointly at all times, one never presuming to act without the other's full knowledge. Exact reports must be submitted by them, in order that their king may give definite instructions.]



Letter of Carlos I of Spain to Juan de Zuniga—1523

The King: Juan de Zuniga, knight of the order of Santiago, [173] my servant. I have not hitherto written you of transactions in the negotiations respecting Maluco, to which the most serene and illustrious King of Portugal, my very dear and beloved cousin, sent his ambassadors, as I believed that, our right being so apparent, the treaty would be kept with us, or at least some good method of settlement would be adopted. This the ambassadors have not cared to do, although on our part we have done everything absolutely possible—much more than is usual between princes or relatives. I speak of this because my steadfast wish to preserve forever the kinship and love existing in the past and present between the most serene King and myself has been made manifest by my deeds. I am exceedingly sorry to find that this has been not only of no advantage, but rather, because of the meager results obtained, a disadvantage. And on this account the said ambassadors are returning without having come to any conclusion. By them I write to the said most serene King as you will observe in the copy of the letter enclosed herein. [174] Now because you should be informed of the transactions at this discussion,—both that you might, in our behalf, give a full account thereof to the said most serene King, and that you might discuss the same there [in Lisbon] wherever convenient,—I have determined to put you in possession of the facts in this letter, which are as follows. As soon as the said ambassadors had arrived, and after the letters from the most serene King had been presented to me, and their embassy stated by virtue of our faith in these letters, they requested me to appoint persons with whom they might discuss the questions upon which they were to mediate for their sovereign. I did this immediately, appointing for this purpose certain members of my Council whom I, considered the best informed for that particular negotiation, and men of straightforward principles. These men, in company with the aforesaid ambassadors, examined the treaty presented by the latter, which seemed to have been drawn up and authorized by the Catholic King and Queen, my grandparents, and by King Don Manuel, his [King Joao III] father, of blessed memory. They listened to all the ambassadors had to say, and all together conferred regarding and discussed the questions many times. Afterwards, inasmuch as the said ambassadors besought me to give them a hearing, I did so, the above-named and others of my Council, whom I had summoned for that purpose, being present.

The result of their proposition was to present the said treaty to me and petition that I order the observance thereof, and in consequence thereof, have Maluco surrendered immediately to the said most serene King of Portugal. This they said we were bound to do, by virtue of the said treaty, which contained, they declared, a section whose tenor is as follows. [175]