The Philippine Islands, 1493-1803 — Volume 01 of 55 / 1493-1529 / Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century

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The Philippine Islands, 1493-1898

explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the beginning of the nineteenth century

Volume I, 1493-1529

Edited and annotated by Emma Helen Blair and James Alexander Robertson with historical introduction and additional notes by Edward Gaylord Bourne.

Contents of Volume I

General Preface. The Editors. … 13
Historical Introduction. Edward Gaylord Bourne. … 19
Preface to Volume I … 89
Documents regarding the Line of Demarcation:

Papal Bulls of 1493: Inter cætera (May 3), Eximiæ (May
3), Inter cætera (May 4), Extension de la concesion
(September 25). Alexander VI; Rome, 1493. … 97
Treaty of Tordesillas. Fernando V and Isabel of Castile,
and João II of Portugal; Tordesillas, June 7, 1494. … 115
[Note on correspondence of Jaime Ferrer regarding the Line
of Demarcation—1493-95.] 130
Compact between the Catholic Sovereigns and the King of
Portugal. Fernando V and Isabel of Castile, and João II of
Portugal; Madrid, April 15, 1495. 131
Papal Bull, Præcelsæ Leo X; Rome, November 3, 1514. 136
Instructions from the King of Spain to his ambassadors. Cárlos
I of Spain; Valladolid, February 4, 1523. 139
Letter to Juan de Zúñiga. Cárlos I of Spain; Pamplona,
December 18, 1523. 145
Treaty of Vitoria. Cárlos I of Spain, and João III of Portugal;
Vitoria, February 19, 1524
Junta of Badajoz: extract from the records in the possession
and ownership of the Moluccas. Badajoz; April 14-May 13, 1524

Opinions concerning the ownership of the
Moluccas. Hernando Colon, Fray Tomás Duran, Sebastian
Caboto, and Juan Vespucci; Badajoz April 13-15, 1524
Letters to the Spanish delegates at the Junta of
Badajoz. Cárlos I of Spain; Búrgos, March 21 and
April 10, 1524

Treaty of Zaragoza. Cárlos I of Spain and João III of Portugal;
Zaragoza, April 29, 1529

Papal Bull, Eximiæ. Alexander VI; Rome, November 16, 1501
Life and Voyage of Fernão de Magalhães.

[Résumé of contemporaneous documents—1518-27.]
Letter of authorization to Falero and Magalhães. Cárlos I of
Spain; Valladolid, March 22, 1518
Carta de el-rei de Castella para El-rei D. Manuel. Cárlos I
of Spain; Barcelona, February 28, 1519
Instructions to Juan de Cartagena. Cárlos I of Spain;
Barcelona, April 6, 1519
[1]Carta do rei de Castella a Fernando de Magalhães e a Ruy
Falero. Cárlos I; Barcelona, April 19, 1519 … 294
Extracto de una carta de las Indias. 1522. … 296
De Molvccis Insulis. [Letter to the Cardinal of Salzburg,
describing Magalhães's voyage to the Moluccas.] Maximillianus
Transylvanus; Coloniæ, 1523. … 305

Bibliographical Data … 339
Appendix: Chronological Tables … 345

Illustrations

Portrait of Fernão de Magalhães; photographic reproduction from painting in the Museo-Biblioteca de Ultramar, Madrid. … Frontispiece Signature of Fernão de Magalhães; photographic facsimile, from original Ms. in Archivo General de Indias, Seville. … 273 Title-page of De Molvccis Insulis; photographic facsimile, from copy of the first edition, at Lenox Library. … 303 General map of the Philippine Archipelago. … At end of volume

General Preface

The entrance of the United States of America into the arena of world-politics, the introduction of American influence into Oriental affairs, and the establishment of American authority in the Philippine archipelago, all render the history of those islands and their, numerous peoples a topic of engrossing interest and importance to the reading public, and especially to scholars, historians, and statesmen. The present work—its material carefully selected and arranged from a vast mass of printed works and unpublished manuscripts—is offered to the public with the intention and hope of casting light on the great problems which confront the American people in the Philippines; and of furnishing authentic and trustworthy material for a thorough and scholarly history of the islands. For this purpose, the Editors reproduce (mainly in English translation) contemporaneous documents which constitute the best original sources of Philippine history. Beginning with Pope Alexander VI's line of demarcation between the Spanish and the Portuguese dominions in the New World (1493), the course of history in the archipelago is thus traced through a period of more than three centuries, comprising the greater part of the Spanish régime.

In the selection of material, the Editors have sought to make the scope of the work commensurate with the breadth of the field, and to allot to each subject space proportioned to its interest; not only the political relations, but the social and religious, economic and commercial conditions of the Philippines have received due attention and care. All classes of writers are here represented—early navigators, officials civil and military, ecclesiastical dignitaries, and priests belonging to the various religious orders who conducted the missions among the Filipino peoples. To the letters, reports, and narratives furnished by these men are added numerous royal decrees, papal bulls and briefs, and other valuable documents. Most of this material is now for the first time made accessible to English-speaking readers; and the great libraries and archives of Spain, Italy, France, England, Mexico, and the United States have generously contributed to furnish it.

In the presentation of these documents, the Editors assume an entirely impartial attitude, free from any personal bias, whether political or sectarian. They aim to secure historical accuracy, especially in that aspect which requires the sympathetic interpretation of each author's thought and intention; and to depict faithfully the various aspects of the life of the Filipinos, their relations with other peoples (especially those of Europe), and the gradual ascent of many tribes from barbarism. They invite the reader's especial attention to the Introduction furnished for this series by Professor Edward Gaylord Bourne, of Yale University—valuable alike for its breadth of view and for its scholarly thoroughness. The Bibliographical Data at the end of each volume will supply necessary information as to sources and location of the documents published therein; fuller details, and of broader scope, will be given in the volume devoted to Philippine bibliography, at the end of the series.

In preparing this work, the Editors have received most friendly
interest and aid from scholars, historians, archivists, librarians,
and State officials; and from prominent ecclesiastics of the Roman
Catholic church, and members of its religious orders. Especial
thanks are due to the following persons: Hon. John Hay, Secretary
of State, Washington; Sr. D. Juan Riaño, secretary of the Spanish
Legation, Washington; Hon. Bellamy Storer, late U.S. Minister to
Spain; Hon. Robert Stanton Sickles, secretary of U.S. Legation,
Madrid; Dr. Thomas Cooke Middleton, O.S.A., Villanova College,
Penn.; Rev. Thomas E. Sherman, S.J., St. Ignatius College, Chicago;
Rev. John J. Wynne, S.J., Apostleship of Prayer, New York; Rev. Ubaldus
Pandolfi, O.S.F., Boston; Bishop Ignatius F. Horstmann, Cleveland;
Bishop Sebastian G. Messmer, Green Bay, Wis.; Fray Eduardo Navarro
Ordóñez, O.S.A., Colegio de Agustinos, Valladolid, Spain; Rev. Pablo
Pastells, S.J., Sarría, Barcelona, Spain; Charles Franklin Thwing,
LL.D., President of Western Reserve University; Frederick J. Turner,
Director of the School of History, University of Wisconsin; Richard
T. Ely (director) and Paul S. Reinsch, of the School of Economics and
Political Science, University of Wisconsin; Edward G. Bourne, Professor
of History, Yale University; Herbert Putnam (librarian), Worthington
C. Ford, P. Lee Phillips, A.P.C. Griffin, James C. Hanson, and other
officials, Library of Congress, Washington, D. C.; Wilberforce Eames
(librarian) and Victor H. Paltsits, Lenox Library, New York; William
I. Fletcher, librarian of Amherst College; Reuben G. Thwaites and
Isaac S. Bradley, State Historical Society of Wisconsin; William
C. Lane (librarian) and T.J. Kiernan, Library of Harvard University;
John D. Fitzgerald, Columbia University, New York; Henry Vignaud, chief
secretary of U.S. Legation, Paris; Sr. D. Duque del Almodovar del Rio,
Minister of State, Madrid, Spain; Sr. Francisco Giner de los Rios, of
University of Madrid, and Director of Institución Libre de Enseñanza;
Sr. Ricardo Velasquez Bosco, Madrid; Sr. D. Cesáreo Fernández Duro,
of Real Academia de la Historia, Madrid; Sr. D. Eduardo de Hinojosa,
Madrid; Sr. D. Pedro Torres Lanzas, Director of Archivo General de
Indias, Seville; Sr. D. Julian Paz, Director of Archivo General,
Simancas; Sr. D. Francisco de P. Cousiño y Vazquez, Librarian of
Museo-Biblioteca de Ultramar, Madrid.

Favors from the following are also acknowledged. Benj. P. Bourland,
Professor of Romance Languages, Western Reserve University; Professor
C.H. Grandgent, Department of Romance Languages, Harvard University;
John Thomson, Free Library of Philadelphia; George Parker Winship,
Carter-Brown Library, Providence, R.I.; Addison Van Name, Librarian
of Yale University; Otto H. Tittmann, U.S. Coast and Geodetic Survey,
and Dr. Otis T. Mason, Curator U.S. National Museum, Washington,
D. C.; Rev. Laurence J. Kenny, S.J., St. Louis University;
Rev. Henry J. Shandelle, S.J., Georgetown University, Washington;
Rev. Thomas Hughes, S.J., and Rev. Rudolf J. Meyer, S.J., Rome, Italy;
Dr. N. Murakami, Imperial University, Tokyo, Japan; Sr. D. Vicente
Vignau y Balester, Director of Archivo Histórico-Nacional, Madrid;
Sr. D. Conde de Ramonones, Minister of Public Instruction, Madrid;
Sr. D.W.E. Retana, Civil Governor of province of Huesca, Spain;
Sr. D. Clemente Miralles de Imperial (director) and Sr. D. J. Sanchez
Garrigós (librarian), of Compañia General de Tabacos de Filipinas,
Barcelona; Rev. Julius Alarcon, S.J., Rev. Joaquin Sancho, S.J.,
Rev. J.M. de Mendia, S.J., and the late Rev. José María Vélez, S.J.,
Madrid; Rev. T. M. Obeso, S.J., Bilbao; Rev. José Algué, S.J., Director
of Observatory, Manila, Luzon; Fray Tirso Lopez, O.S.A., and Fray
Antonio Blanco, O.S.A., Colegio de Agustinos, Valladolid; Sr. Antonio
Rodriguez Villa, Biblioteca de la Real Académia de la Historia,
Madrid; Sr. Roman Murillo y Ollo, Librarian, Real Académia Española,
Madrid; and officials of Biblioteca Nacional, Madrid; Sr. Gabriel
Pereira, Director of Bibliotheca Nacional, Lisbon; Sr. P.A. d'Azevedo,
Director of Archivo Nacional (Torre do Tombo), Lisbon; Sr. José Duarte
Ramalho Ortigão (director) and Sr. Jordão A. de Freitas (official),
Bibliotheca Real da Ajuda, Lisbon; officials of Academia Real das
Sciencias, Lisbon; and officials of U.S. Legations, Lisbon and Madrid.

Emma Helen Blair James Alexander Robertson

Historical Introduction

by Edward Gaylord Bourne

The American people are confronted with two race problems, one within their own confines and long familiar but still baffling solution; the other, new, remote, unknown, and even more imperatively demanding intelligent and unremitting effort for its mastery.

In the first case there are some eight millions of people ultimately derived from various savage tribes in Africa but long since acclimatized, disciplined to labor, raised to civilized life, Christianized, and by the acquisition of the English language brought within a world of ideas inaccessible to their ancestors. Emancipated by the fortune of war they are now living intermingled with a ruling race, in it, but not of it, in an unsettled social status, oppressed by the stigma of color and harassed and fettered by race prejudice.

In the other case there are six or seven millions of Malays whose ancestors were raised from barbarism, taught the forms and manners of civilized life, Christianized, and trained to labor by Catholic missionaries three centuries ago. A common religion and a common government have effaced in large measure earlier tribal differences and constituted them a people; yet in the fullest sense of the word a peculiar people. They stand unique as the only large mass of Asiatics converted to Christianity in modern times. They have not, like the African, been brought within the Christian pale by being torn from their natural environment and schooled through slavery; but, in their own home and protected from general contact with Europeans until recent times, they have been moulded through the patient teaching, parental discipline, and self-sacrificing devotion of the missionaries into a whole unlike any similar body elsewhere in the world. They, too, by the fortunes of war have lost their old rulers and guides and against their will submit their future to alien hands. To govern them or to train them to govern themselves are tasks almost equally perplexing, nor is the problem made easier or clearer by the clash of contradictory estimates of their culture and capacity which form the ammunition of party warfare.

What is needed is as thorough and intelligent a knowledge of their political and social evolution as a people as can be gained from a study of their history. In the case of the Negro problem the historical sources are abundant and accessible and the slavery question is accorded, preeminent attention in the study of American history. In the Philippine question, however, although the sources are no less abundant and instructive they are and have been highly inaccessible owing, on the one hand, to the absolute rarity of the publications containing them, and, on the other, to their being in a language hitherto comparatively little studied in the United States. To collect these sources, scattered and inaccessible as they are, to reproduce them and interpret them in the English language, and to make it possible for university and public libraries and the leaders in thought and policy to have at hand the complete and authentic records of the culture and life of the millions in the Far East whom we must understand in order to do them justice, is an enterprise large in its possibilities for the public good.

In accordance with the idea that underlies this collection this Introduction will not discuss the Philippine question of today nor Philippine life during the last half century, nor will it give a short history of the Islands since the conquest. For all these the reader may be referred to recent publications like those of Foreman, Sawyer, or Worcester, or earlier ones like those of Bowring and Mallat, or to the works republished in the series. The aim of the Introduction is rather to give the discovery and conquest of the Philippines their setting in the history of geographical discovery, to review the unparalleled achievements of the early conquerors and missionaries, to depict the government and commerce of the islands before the revolutionary changes of the last century, and to give such a survey, even though fragmentary, of Philippine life and culture under the old régime as will bring into relief their peculiar features and, if possible, to show that although the annals of the Philippines may be dry reading, the history of the Philippine people is a subject of deep and singular interest.

The Philippine Islands in situation and inhabitants belong to the Asiatic world, but, for the first three centuries of their recorded history, they were in a sense a dependency of America, and now the whirligig of time has restored them in their political relations to the Western Hemisphere. As a dependency of New Spain they constituted the extreme western verge of the Spanish dominions and were commonly known as the Western Islands [2] (Las Islas del Poniente). Their discovery and conquest rounded out an empire which in geographical extent far surpassed anything the world had then seen. When the sun rose in Madrid, it was still early afternoon of the preceding day in Manila, and Philip II was the first monarch who could boast that the sun never set upon his dominions. [3]

In one generation, 1486-1522, the two little powers of the Iberian Peninsula had extended their sway over the seas until they embraced the globe. The way had been prepared for this unparalleled achievement by the courage and devotion of the Portuguese Prince Henry the Navigator, who gave his life to the advancement of geographical discovery and of Portuguese commerce. The exploration of the west coast of Africa was the school of the navigators who sailed to the East and the West Indies, and out of the administration of the trade with Africa grew the colonial systems of later days.

In the last quarter of the fifteenth century the increasing obstructions in Egypt and by the Turks to the trade with the East Indies held out a great prize to the discoverer of an all-sea route to the Spice Islands. Bartholomew Diaz and Vasco da Gama solved this problem for Portugal, but the solution offered to Spain by Columbus and accepted in 1492 revealed a New World, the Indies of the West.

The King of Portugal, zealous to retain his monopoly of African and eastern exploration, and the pious sovereigns of Spain, desirous to build their colonial empire on solid and unquestioned foundations, alike appealed to the Pope for a definition of their rights and a confirmation of their claims. The world seemed big enough and with a spacious liberality Pope Alexander VI granted Ferdinand and Isabella the right to explore and to take possession of all the hitherto unknown and heathen parts of the world west of a certain line drawn north and south in the Atlantic Ocean. East of that line the rights of Portugal, resting on their explorations and the grants of earlier popes, were confirmed.

The documentary history of the Philippines begins with the Demarcation Bulls and the treaty of Tordesillas, for out of them grew Magellan's voyage and the discovery of the islands; and without them the Philippines would no doubt have been occupied by Portugal and later have fallen a prey to the Dutch as did the Moluccas.

King John of Portugal was dissatisfied with the provisions of the Demarcation Bulls. He held that the treaty between Spain and Portugal in 1479 had resigned to Portugal the field of oceanic discovery, Spain retaining only the Canaries; and he felt that a boundary line only a hundred leagues west of the Azores not only was an infringement on his rights but would be a practical embarrassment in that it would not allow his sailors adequate sea room for their African voyages.

His first contention was hardly valid; the second, however, was reasonable and, as Columbus had estimated the distance from the Canaries to the new islands at over nine hundred leagues, the Catholic sovereigns were disposed to make concessions. By the treaty of Tordesillas, June 7, 1494, it was agreed that the Demarcation Line should be drawn three hundred and seventy leagues west of the Cape Verde Islands. [4] This treaty accepted the principle of the Papal arbitration but shifted the boundary to a position supposed to be half-way between the Cape Verde Islands and the newly discovered islands of Cipangu and Antilia. [5]

Neither in the Papal Bulls nor in the Treaty of Tordesillas was there any specific reference to an extension of the Line around the globe or to a division of the world. The arrangement seems to have contemplated a free field for the exploration and conquest of the unknown parts of the world, to the eastward for Portugal, and to the westward for Spain. If they should cross each other's tracks priority of discovery would determine the ownership. [6]

The suggestion of the extension of the line around the globe and of the idea that Spain was entitled to what might be within the hemisphere set off by the Demarcation Line and its extension to the antipodes does not appear until the time of Magellan, and it is then that we first meet the notion that the Pope had divided the world between Spain and Portugal like an orange. [7]

The Portuguese reached India in 1498. Thirteen years later Albuquerque made conquest of Malacca of the Malay Peninsula, the great entrepôt of the spice trade; but even then the real goal, the islands where the spices grow, had not been attained. The command of the straits, however, promised a near realization of so many years of labor, and, as soon as practicable, in December 1511, Albuquerque despatched Antonio d'Abreu in search of the precious islands. A Spanish historian of the next century affirms that Magellan accompanied d'Abreu in command of one of the ships, but this can hardly be true. [8] Francisco Serrão, however, one of the Portuguese captains, was a friend of Magellan's and during his sojourn of several years in the Moluccas wrote to him of a world larger and richer than that discovered by Vasco da Gama. It is probable, as the historian Barros, who saw some of this correspondence, sugguests, that Serrão somewhat exaggerated the distance from Malacca to the Moluccas, and so planted the seed which bore such fruit in Magellan's mind. [9]

The year after the Portuguese actually attained the Spice Islands, Vasco Nuñez de Balboa, first of Europeans (1513), set eyes upon the great South Sea. It soon became only too certain that the Portuguese had won in the race for the land of cloves, pepper, and nutmegs. But, in the absence of knowledge of the true dimensions of the earth and with an underestimate of its size generally prevailing, the information that the Spice Islands lay far to the east of India revived in the mind of Magellan the original project of Columbus to seek the land of spices by the westward route. That he laid this plan before the King of Portugal, there seems good reason to believe, but when he saw no prospect for its realization, like Columbus, he left Portugal for Spain. It is now that the idea is evolved that, as the Moluccas lie so far east of India, they are probably in the Spanish half of the world, and, if approached from the west, may be won after all for the Catholic king. No appeal for patronage and support could be more effective, and how much reliance Magellan and his financial backer Christopher Haro placed upon it in their petition to King Charles appears clearly in the account by Maximilianus Transylvanus of Magellan's presentation of his project: "They both showed Caesar that though it was not yet quite sure whether Malacca was within the confines of the Spaniards or the Portuguese, because, as yet, nothing of the longitude had been clearly proved, yet, it was quite plain that the Great Gulf and the people of Sinae lay within the Spanish boundary. This too was held to be most certain, that the islands which they call the Moluccas, in which all spices are produced, and are thence exported to Malacca, lay within the Spanish western division, and that it was possible to sail there; and that spices could be brought thence to Spain more easily, and at less expense and cheaper, as they come direct from their native place." [10]

Equally explicit was the contract which Magellan entered into with King Charles: "Inasmuch as you bind yourself to discover in the dominions which belong to us and are ours in the Ocean Sea within the limits of our demarcation, islands and mainlands and rich spiceries, etc." This is followed by an injunction "not to discover or do anything within the demarcation and limits of the most serene King of Portugal." [11]

Las Casas, the historian of the Indies, was present in Valladolid when Magellan came thither to present his plan to the King. "Magellan," he writes, "had a well painted globe in which the whole world was depicted, and on it he indicated the route he proposed to take, saving that the strait was left purposely blank so that no one should anticipate him. And on that day and at that hour I was in the office of the High Chancellor when the Bishop [of Burgos, Fonseca] brought it [i.e. the globe] and showed the High Chancellor the voyage which was proposed; and, speaking with Magellan, I asked him what way he planned to take, and he answered that he intended to go by Cape Saint Mary, which we call the Rio de la Plata and from thence to follow the coast up until he hit upon the strait. But suppose you do not find any strait by which you can go into the other sea. He replied that if he did not find any strait that he would go the way the Portuguese took.—This Fernando de Magalhaens must have been a man of courage and valiant in his thoughts and for undertaking great things, although he was not of imposing presence because he was small in stature and did not appear in himself to be much." [12]

Such were the steps by which the Papal Demarcation Line led to the first circumnavigation of the globe, the greatest single human achievement on the sea. [13] The memorable expedition set out from Seville September 20, 1519. A year elapsed before the entrance to the strait named for the great explorer was discovered. Threading its sinuous intricacies consumed thirty-eight days and then followed a terrible voyage of ninety-eight days across a truly pathless sea. The first land seen was the little group of islands called Ladrones from the thievishness of the inhabitants, and a short stay was made at Guam. About two weeks later, the middle of March, the little fleet reached the group of islands which we know as the Philippines but which Magellan named the islands of St. Lazarus, from the saint whose day and feast were celebrated early in his stay among them. [14]

The calculations of the longitude showed that these islands were well within the Spanish half of the world and the success with which a Malay slave of Magellan, brought from Sumatra, made himself understood [15] indicated clearly enough that they were not far from the Moluccas and that the object of the expedition, to discover a westward route to the Spice Islands, and to prove them to be within the Spanish demarcation, was about to be realized. But Magellan, like Moses, was vouchsafed only a glimpse of the Promised Land. That the heroic and steadfast navigator should have met his death in a skirmish with a few naked savages when in sight of his goal, is one of the most pathetic tragedies in history. [16]

The difficulties, however, of approaching the Moluccas by the western route through the straits of Magellan (that Cape Horn could be rounded was not discovered till 1616), the stubborn and defiant attitude of the King of Portugal in upholding his claims, the impossibility of a scientific and exact determination of the Demarcation Line in the absence of accurate means for measuring longitude,—all these, reinforced by the pressure of financial stringency led King Charles in 1529 to relinquish all claims to or rights to trade with the Moluccas for three hundred and fifty thousand ducats. [17] In the antipodes a Demarcation Line was to be drawn from pole to pole seventeen degrees on the equator, or two hundred and ninety-seven leagues east of the Moluccas, and it was agreed that the subjects of the King of Castile should neither sail or trade beyond that line, or carry anything to the islands or lands within it. [18] If a later scientific and accurate determination should substantiate the original claims of either party the money should be returned [19] and the contract be dissolved. Although the archipelago of St. Lazarus was not mentioned in this treaty it was a plain renunciation of any rights over the Philippines for they lie somewhat to the west of the Moluccas.

The King of Spain, however, chose to ignore this fact and tacitly assumed the right to conquer the Philippines. It was, however, thirteen years before another attempt was made in this direction. By this time the conquest and development of the kingdom of New Spain made one of its ports on the Pacific the natural starting point. This expedition commanded by Rui Lopez de Villalobos was despatched in 1542 and ended disastrously. The Portuguese Captain-general in the Moluccas made several vigorous protests against the intrusion, asserting that Mindanao fell within the Portuguese Demarcation and that they had made some progress in introducing Christianity. [20]

Villalobos left no permanent mark upon the islands beyond giving the name "Felipinas" to some of them, in honor of "our fortunate Prince." [21]

Nearly twenty years elapsed before another expedition was undertaken, but this was more carefully organized than any of its predecessors, and four or five years were absorbed in the preparations. King Philip II, while respecting the contract with Portugal in regard to the Moluccas, proposed to ignore its provisions in regard to other islands included within the Demarcation Line of 1529. In his first despatch relative to this expedition in 1559 he enjoins that it shall not enter the Moluccas but go "to other islands that are in the same region as are the Philippines and others that were outside the said contract, but within our demarcation, that are said to produce spices." [22]

Friar Andrés de Urdaneta, who had gone to the Moluccas with Loaisa in 1525, while a layman and a sailor, explained to the king that as la isla Filipina was farther west than the Moluccas the treaty of Zaragoza was just as binding in the case of these islands as in that of the Moluccas, and that to avoid trouble some "legitimate or pious reason for the expedition should be assigned such as the rescue of sailors who had been lost on the islands in previous expeditions or the determination of the longitude of the Demarcation Line" [23]

It is clear from the sequel that King Philip intended, as has been said, to shut his eyes to the application of the Treaty of Zaragoza to the Philippines. As they did not produce spices the Portuguese had not occupied them and they now made no effectual resistance to the Spanish conquest of the islands. [24] The union of Portugal to the crown of Spain in 1580 subsequently removed every obstacle, and when the Portuguese crown resumed its independence in 1640 the Portuguese had been driven from the Spice Islands by the Dutch.

This is not the place to narrate in detail the history of the great expedition of Legaspi. It established the power of Spain in the Philippines and laid the foundations of their permanent organization. In a sense it was an American enterprise. The ships were built in America and for the most part equipped here. It was commanded and guided by men who lived in the New World. The work of Legaspi during the next seven years entitles him to a place among the greatest of colonial pioneers. In fact he has no rival. Starting with four ships and four hundred men, accompanied by five Augustinian monks, reinforced in 1567 by two hundred soldiers, and from time to time by similar small contingents of troops and monks, by a combination of tact, resourcefulness, and courage he won over the natives, repelled the Portuguese and laid such foundations that the changes of the next thirty years constitute one of the most surprising revolutions in the annals of colonization. A most brilliant exploit was that of Legaspi's grandson, Juan de Salcedo, a youth of twenty-two who with forty-five men explored northern Luzon, covering the present provinces of Zambales, Pangasinán, La Union, Ilocos, and the coast of Cagayán, and secured submission of the people to Spanish rule. [25] Well might his associates hold him "unlucky because fortune had placed him where oblivion must needs bury the most valiant deeds that a knight ever wrought." [26] Nor less deserving of distinction than Legaspi and his heroic grandson was Friar Andrés de Urdaneta the veteran navigator whose natural abilities and extensive knowledge of the eastern seas stood his commander in good stead at every point and most effectively contributed to the success of the expedition. Nor should the work of the Friars be ignored. Inspired by apostolic zeal, reinforced by the glowing enthusiasm of the Catholic Reaction, gifted and tireless, they labored in harmony with Legaspi, won converts, and checked the slowly-advancing tide of Mohammedanism. The ablest of the Brothers, Martin de Rada, was preaching in Visayan within five months.

The work of conversion opened auspiciously in Cebu, where Legaspi began his work, with a niece of Tupas, an influential native, who was baptized with great solemnity. Next came the conversion of the Moor [Moslem] "who had served as interpreter and who had great influence throughout all that country." In 1568 the turning point came with the baptism of Tupas and of his son. This opened the door to general conversion, for the example of Tupas had great weight. [27]

It is a singular coincidence that within the span of one human life the Spaniard should have finished the secular labor of breaking the power of the Moslem in Spain and have checked his advance in the islands of the antipodes. The religion of the prophet had penetrated to Malacca in 1276, had reached the Moluccas in 1465, and thence was spreading steadily northward to Borneo and the Philippines. Iolo (Sulu) and Mindanao succumbed in the sixteenth century and when Legaspi began the conquest of Luzon in 1571 he found many Mohammedans whose settlement or conversion had grown out of the trade relations with Borneo. As the old Augustinian chronicler Grijalva remarks, and his words are echoed by Morga and by the modern historian Montero y Vidal: [28] "So well rooted was the cancer that had the arrival of the Spaniards been delayed all the people would have become Moors, as are all the islanders who have not come under the government of the Philippines." [29]

It is one of the unhappy legacies of the religious revolution of the sixteenth century that it has fixed a great gulf between the Teutonic and the Latin mind, which proves impassable for the average intellect. The deadly rivalries of Catholic and Protestant, of Englishman and Spaniard, have left indelible traces upon their descendants which intensify race prejudice and misunderstanding. The Englishman or American looks with a contempt upon the economic blindness or incapacity of the Spaniard that veils his eyes to their real aims and achievements.

The tragedies and blunders of English colonization in America are often forgotten and only the tragedies and blunders of Spanish colonization are remembered. In the period which elapsed between the formulation of the Spanish and of the English colonial policies religious ideals were displaced by the commercial, and in the exaltation of the commercial ideal England took the lead. Colonies, from being primarily fields for the propagation of Christianity and incidentally for the production of wealth, became the field primarily for industrial and commercial development and incidentally for Christian work. The change no doubt has contributed vastly to the wealth of the world and to progress, but it has been fatal to the native populations. The Spanish policy aimed to preserve and civilize the native races, not to establish a new home for Spaniards, and the colonial legislation provided elaborate safeguards for the protection of the Indians. Many of these were a mere dead letter but the preservation and civilization of the native stock in Mexico, Central and South America, and above all in the Philippines stand out in marked contrast, after all allowances and qualifications have been made, with the fate, past and prospective, of the aborigines in North America, the Sandwich Islands, New Zealand, and Australia, and clearly differentiate in their respective tendencies and results the Spanish and English systems. The contrast between the effects of the Spanish conquest in the West Indies, Mexico, and the Philippines reflects the development of the humane policy of the government. The ravages of the first conquistadores, it should be remembered, took place before the crown had time to develop a colonial policy.

It is customary, too, for Protestant writers to speak with contempt of Catholic missions, but it must not be forgotten that France and England were converted to Christianity by similar methods. The Protestant ridicules the wholesale baptisms and conversions and a Christianity not even skin-deep, but that was the way in which Christianity was once propagated in what are the ruling Christian nations of today. The Catholic, on the other hand, might ask for some evidence that the early Germans, or the Anglo-Saxons would ever have been converted to Christianity by the methods employed by Protestants.

The wholesale baptisms have their real significance in the frame of mind receptive for the patient Christian nurture that follows. Christianity has made its real conquests and is kept alive by Christian training, and its progress is the improvement which one generation makes upon another in the observance of its precepts. One who has read the old Penitential books and observed the evidences they afford of the vitality of heathen practices and rites among the people in England in the early Middle Ages will not be too harsh in characterizing the still imperfect fruits of the Catholic missions of the last three centuries.

In the light, then, of impartial history raised above race prejudice and religious prepossessions, after a comparison with the early years of the Spanish conquest in America or with the first generation or two of the English settlements, the conversion and civilization of the Philippines in the forty years following Legaspi's arrival must be pronounced an achievement without a parallel in history. An examination of what was accomplished at the very ends of the earth with a few soldiers and a small band of missionaries will it is believed reveal the reasons for this verdict. We are fortunate in possessing for this purpose, among other materials, a truly classic survey of the condition of the islands at the opening of the seventeenth century written by a man of scholarly training and philosophic mind, Dr. Antonio de Morga, who lived in the islands eight years in the government service. [30]

The Spaniards found in the population of the islands two sharply contrasted types which still survive—the Malay and the Negrito. After the introduction of Christianity the natives were commonly classified according to their religion as Indians (Christian natives), Moors [31] (Mohammedan natives), and Heathen (Gentiles) or Infidels. The religious beliefs of the Malays were not held with any great tenacity and easily yielded to the efforts of the missionaries. The native taste for the spectacular was impressed and gratified by the picturesque and imposing ceremonials of the church.

Their political and social organization was deficient in cohesion. There were no well established native states but rather a congeries of small groups something like clans. The headship of these groups or barangays was hereditary and the authority of the chief of the barangay was despotic. [32] This social disintegration immensely facilitated the conquest; and by tact and conciliation, effectively supported by arms, but with very little actual bloodshed, Spanish sovereignty was superimposed upon these relatively detached groups, whose essential features were preserved as a part of the colonial administrative machinery. This in turn was a natural adaptation of that developed in New Spain. Building upon the available institutions of the barangay as a unit the Spaniards aimed to familiarize and accustom the Indians to settled village life and to moderate labor. Only under these conditions could religious training and systematic religious oversight be provided. These villages were commonly called pueblos or reducciones, and Indians who ran away to escape the restraints of civilized life were said to "take to the hills" (remontar).

As a sign of their allegiance and to meet the expenses of government every Indian family was assessed a tribute of eight reals, about one dollar, and for the purpose of assessment the people were set off in special groups something like feudal holdings (encomiendas). The tribute from some of the encomiendas went to the king. Others had been granted to the Spanish army officers or to the officials. [33] The "Report of the Encomiendas in the Islands in 1591" just twenty years after the conquest of Luzon reveals a wonderful progress in the work of civilization. In the city of Manila there was a cathedral and the bishop's palace, monasteries for the Austin, Dominican, and Franciscan Friars, and a house for the Jesuits. The king maintained a hospital for Spaniards; there was also a hospital for Indians in the charge of two Franciscan lay brothers. The garrison was composed of two hundred soldiers. The Chinese quarter or Parián contained some two hundred shops and a population of about two thousand. In the suburb of Tondo there was a convent of Franciscans and another of Dominicans who provided Christian teaching for some forty converted Sangleyes (Chinese merchants). In Manila and the adjacent region nine thousand four hundred and ten tributes were collected, indicating a total of some thirty thousand six hundred and forty souls under the religious instruction of thirteen missionaries (ministros de doctrina), besides the friars in the monasteries. In the old province of La Pampanga the estimated population was 74,700 with twenty-eight missionaries; in Pangasinán 2,400 souls with eight missionaries; in Ilocos 78,520 with twenty missionaries; in Cagayán and the Babuyan islands 96,000 souls but no missionaries; in La Laguna 48,400 souls with twenty-seven missionaries; in Vicol and Camarines with the island of Catanduanes 86,640 souls with fifteen missionaries, etc., making a total for the islands of 166,903 tributes or 667,612 souls under one hundred and forty missionaries, of which seventy-nine were Augustinians, nine Dominicans, forty-two Franciscans. The King's encomiendas numbered thirty-one and the private ones two hundred and thirty-six. [34]

Friar Martin Ignacio in his Itinerario, the earliest printed description of the islands (1585), says: "According unto the common opinion at this day there is converted and baptised more than foure hundred thousand soules." [35]

This system of encomiendas had been productive of much hardship and oppression in Spanish America, nor was it altogether divested of these evils in the Philippines. The payment of tributes, too, was irksome to the natives and in the earlier days the Indians were frequently drafted for forced labor, but during this transition period, and later, the clergy were the constant advocates of humane treatment and stood between the natives and the military authorities. This solicitude of the missionaries for their spiritual children and the wrongs from which they sought to protect them are clearly displayed in the Relacion de las Cosas de las Filipinas of Domingo de Salazar, the first bishop, who has been styled the "Las Casas of the Philippines." [36]

That it was the spirit of kindness, Christian love, and brotherly helpfulness of the missionaries that effected the real conquest of the islands is abundantly testified by qualified observers of various nationalities and periods, [37] but the most convincing demonstration is the ridiculously small military force that was required to support the prestige of the Catholic king. The standing army organized in 1590 for the defense of the country numbered four hundred men! [38] No wonder an old viceroy of New Spain was wont to say: "En cada fraile tenía el rey en Filipinas un capitan general y un ejercito entero"— "In each friar in the Philippines the King had a captain general and a whole army." [39] The efforts of the missionaries were by no means restricted to religious teaching, but were also directed to promote the social and economic advancement of the islands. They cultivated the innate taste for music of the natives and taught the children Spanish. [40] They introduced improvements in rice culture, brought Indian corn and cacao from America and developed the cultivation of indigo and coffee, and sugar cane. Tobacco alone of the economic plants brought to the islands by the Spaniards owes its introduction to government agency. [41]

The young capital of the island kingdom of New Castile, as it was denominated by Philip II, in 1603 when it was described by Morga invites some comparison with Boston, New York, or Philadelphia in the seventeenth century. The city was surrounded by a wall of hewn stone some three miles in circuit. There were two forts and a bastion, each with a garrison of a few soldiers. The government residence and office buildings were of hewn stone and spacious and airy. The municipal buildings, the cathedral, and the monasteries of the three orders were of the same material. The Jesuits, besides providing special courses of study for members of their order, conducted a college for the education of Spanish youth. The establishment of this college had been ordered by Philip II in 1585 but it was 1601 before it was actually opened. [42] Earlier than this in 1593 there had been established a convent school for girls, [43] the college of Saint Potenciana. In provisions for the sick and helpless, Manila at the opening of the seventeenth century was far in advance of any city in the English colonies for more than a century and a half to come. [44] There was first the royal hospital for Spaniards with its medical attendants and nurses; the Franciscan hospital for the Indians administered by three priests and by four lay brothers who were physicians and apothecaries and whose skill had wrought surprising cures in medicine and surgery; the House of Mercy, which took in sick slaves, gave lodgings to poor women, portioned orphan girls, and relieved other distresses; and lastly, the hospital for Sangleyes or Chinese shopkeepers in the Chinese quarter. [45] Within the walls the houses, mainly of stone and inhabited by Spaniards, numbered about six hundred. The substantial buildings, the gaily-dressed people, the abundance of provisions and other necessaries of human life made Manila, as Morga says, "one of the towns most praised by the strangers who flock to it of any in the world." [46] There were three other cities in the islands, Segovia and Cazeres in Luzon, and the city of the "most holy name of Jesus" in Cebú, the oldest Spanish settlement in the archipelago. In the first and third the Spanish inhabitants numbered about two hundred and in Cazeres about one hundred. In Santisimo nombre de Jesús there was a Jesuit college.

Although the Indians possessed an alphabet before the arrival of the Spaniards and the knowledge of reading and writing was fairly general they had no written literature of any kind. [47] A Jesuit priest who had lived in the islands eighteen years, writing not far from 1640, tells us that by that time the Tagals had learned to write their language from left to right instead of perpendicularly as was their former custom, but they used writing merely for correspondence. The only books thus far in the Indian languages were those written by the missionaries on religion. [48]

In regard to the religious life of the converted Indians the Friars and Morga speak on the whole with no little satisfaction. Friar Martin Ignacio in 1584 writes: "Such as are baptised, doo receive the fayth with great firmenesse, and are good Christians, and would be better, if that they were holpen with good ensamples." [49] Naturally the Spanish soldiers left something to be desired as examples of Christianity and Friar Martin relates the story of the return from the dead of a principal native—"a strange case, the which royally did passe of a trueth in one of these ilandes,"—who told his former countrymen of the "benefites and delights" of heaven, which "was the occasion that some of them forthwith received the baptisme, and that others did delay it, saying, that because there were Spaniard souldiers in glory, they would not go thither, because they would not be in their company." [50]

Morga writing in 1603 says: "In strictest truth the affairs of the faith have taken a good footing, as the people have a good disposition and genius, and they have seen the errors of their paganism and the truths of the Christian religion; they have got good churches and monasteries of wood, well constructed, with shrines and brilliant ornaments, and all the things required for the service, crosses, candlesticks, chalices of gold and silver, many brotherhoods and religious acts, assiduity in the sacraments and being present at divine service, and care in maintaining and supplying their monks, with great obedience and respect; they also give for the prayers and burials of their dead, and perform this with all punctuality and liberality." [51] A generation later the report of the Religious is not quite so sanguine: "They receive our religion easily and their lack of intellectual penetration saves them from sounding the difficulties of its mysteries. They are too careless of fulfilling the duties of the Christianity which they profess and must needs be constrained by fear of chastisement and be ruled like school children. Drunkenness and usury are the two vices to which they are most given and these have not been entirely eradicated by the efforts of our monks." [52] That these efforts were subsequently crowned with a large measure of success is shown by the almost universal testimony to the temperate habits of the Filipinos.

This first period of Philippine history has been called its Golden Age. Certainly no succeeding generation saw such changes and advancement. It was the age of Spain's greatest power and the slow decline and subsequent decrepitude that soon afflicted the parent state could not fail to react upon the colony. This decline was in no small degree the consequence of the tremendous strain to which the country was subjected in the effort to retain and solidify its power in Europe while meeting the burden of new establishments in America and the Philippines. That in the very years when Spaniards were accomplishing the unique work of redeeming an oriental people from barbarism and heathenism to Christianity and civilized life, the whole might of the mother-country should have been massed in a tremendous conflict in Europe which brought ruin and desolation to the most prosperous provinces under her dominion, and sapped her own powers of growth, is one of the strangest coincidences in history.

Bending every energy for years to stay the tide of change and progress, suppressing freedom of thought with relentless vigor, and quarantining herself and her dependencies against new ideas, conservatism grew to be her settled habit and the organs of government became ossified. Policies of commercial restriction which were justifiable or at least rationally explicable in the sixteenth century lasted on, proof against innovation or improvement, until the eighteenth century and later. Consequently from the middle of the seventeenth century at the period of the rapid rise of colonial powers of France, Holland, and England, the Spanish colonies find themselves under a commercial regime which increasingly hampers their prosperity and effectually blocks their advancement.

The contrast between the Spanish possessions and those of the other maritime powers became more marked as time went on. The insuperable conservatism of the home government gave little opportunity for the development of a class of energetic and progressive colonial officials, and financial corruption honeycombed the whole colonial civil service.

Such conditions: the absence of the spirit of progress, hostility to new ideas, failure to develop resources, and the prevalence of bribery and corruption in the civil service, insure abundant and emphatic condemnation at the present day for the Spanish colonial system. But in any survey of this system we must not lose sight of the terrible costs of progress in the tropical colonies of Holland, France, and England; nor fail to compare the pueblos of the Philippines in the eighteenth century with the plantations of San Domingo, or Jamaica, or Java, or with those of Cuba in the early nineteenth century when the spirit of progress invaded the island.

To facilitate the understanding of the historical materials which will be collected in this series and to lay the foundation for a just and appreciative comparison of the institutions of the Philippines with those of other European dependencies in the tropics, it will be my aim now to bring into relief the distinctive features of the work wrought in the islands which raised a congeries of Malay tribes to Christian civilization, and secured for them as happy and peaceful an existence on as high a plane as has yet been attained by any people of color anywhere in the world, or by any orientals for any such length of time.

Such a survey of Philippine life may well begin with a brief account of the government of the islands. This will be followed by a description of the commercial system and of the state of the arts and of education, religion, and some features of social life during the eighteenth century and in the first years of the nineteenth before the entrance of the various and distracting currents of modern life and thought. In some cases significant details will be taken from the works of competent witnesses whose observations were made somewhat earlier or later. This procedure is unobjectionable in describing a social condition on the whole so stationary as was that of the Philippines before the last half century.

From the beginning the Spanish establishments in the Philippines were a mission and not in the proper sense of the term a colony. They were founded and administered in the interests of religion rather than of commerce or industry. They were an advanced outpost of Christianity whence the missionary forces could be deployed through the great empires of China and Japan, and hardly had the natives of the islands begun to yield to the labors of the friars when some of the latter pressed on adventurously into China and found martyrs' deaths in Japan. In examining the political administration of the Philippines, then, we must be prepared to find it a sort of outer garment under which the living body is ecclesiastical. Against this subjection to the influence and interests of the Church energetic governors rebelled, and the history of the Spanish domination is checkered with struggles between the civil and religious powers which reproduce on a small scale the mediæval contests of Popes and Emperors.

Colonial governments are of necessity adaptations of familiar domestic institutions to new functions. The government of Spain in the sixteenth century was not that of a modern centralized monarchy but rather of a group of kingdoms only partially welded together by the possession of the same sovereign, the same language, and the same religion. The King of Spain was also the ruler of other kingdoms outside of the peninsula. Consequently when the New World was given a political organization it was subdivided for convenience into kingdoms and captaincies general in each of which the administrative machinery was an adaptation of the administrative machinery of Spain. In accordance with this procedure the Philippine islands were constituted a kingdom and placed under the charge of a governor and captain general, whose powers were truly royal and limited only by the check imposed by the Supreme Court (the Audiencia) and by the ordeal of the residencia at the expiration of his term of office. Among his extensive prerogatives was his appointing power which embraced all branches of the civil service in the islands. He also was ex officio the President of the Audiencia. [53] His salary was $8,000 [54] a year, but his income might be largely augmented by gifts or bribes. [55] The limitations upon the power of the Governor imposed by the Audiencia, in the opinion of the French astronomer Le Gentil, were the only safeguard against an arbitrary despotism, yet Zúñiga, a generation later pronounced its efforts in this direction generally ineffectual. [56] The residencia to which reference has been made was an institution peculiar in modern times to the Spanish colonial system, it was designed to provide a method by which officials could be held to strict accountability for all acts during their term of office. Today reliance is placed upon the force of public opinion inspired and formulated by the press and, in self-governing communities, upon the holding of frequent elections. The strength of modern party cohesion both infuses vigor into these agencies and neutralizes their effectiveness as the case may be. But in the days of the formation of the Spanish Empire beyond the sea there were neither free elections, nor public press, and the criticism of the government was sedition. To allow a contest in the courts involving the governor's powers during his term of office would be subversive of his authority. He was then to be kept within bounds by realizing that a day of judgment was impending, when everyone, even the poorest Indian, might in perfect security bring forward his accusation. [57] In the Philippines the residencia for a governor lasted six months and was conducted by his successor and all the charges made were forwarded to Spain. [58] The Italian traveler Gemelli Careri who visited Manila in 1696 characterizes the governor's residencia as a "dreadful Trial," the strain of which would sometimes "break their hearts." [59]

On the other hand, an acute observer of Spanish-American institutions of the olden time intimates that the severities of the residencia could be mitigated and no doubt such was the case in the Philippines. [60] By the end of the eighteenth century the residencia seems to have lost its efficacy. [61] The governorship was certainly a difficult post to fill and the remoteness from Europe, the isolation, and the vexations of the residencia made it no easy task to get good men for the place. An official of thirty years experience, lay and ecclesiastical, assures us in the early seventeenth century that he had known of only one governor really fitted for the position, Gomez Perez Dasmariñas. He had done more for the happiness of the natives in three years than all his predecessors or successors. Some governors had been without previous political experience while others were deficient in the qualities required in a successful colonial ruler. [62]

The supreme court or Audiencia was composed of four judges (oidores, auditors) an attorney-general (fiscal) a constable, etc. The governor who acted as president had no vote. [63] Besides the functions of this body as the highest court of appeal for criminal and civil cases it served as has been said as a check upon the governor. Down to 1715 the Audiencia took charge of the civil administration in the interim between the death of a governor and the arrival of his successor, and the senior auditor assumed the military command. [64] Attached to the court were advocates for the accused, a defender of the Indians, and other minor officials. In affairs of public importance the Audiencia was to be consulted by the governor for the opinions of the auditors. [65]

For the purposes of local administration the islands were subdivided into or constituted Provinces under alcaldes mayores who exercised both executive and judicial functions, and superintended the collection of tribute. [66] The alcaldes mayores were allowed to engage in trade on their own account which resulted too frequently in enlisting their interest chiefly in money making and in fleecing the Indians. [67]

The provincial court consisted of the alcalde mayor, an assessor who was a lawyer, and a notary. The favoritism and corruption that honeycombed the civil service of Spain in the colonies in the days of her decline often placed utterly unfit persons in these positions of responsibility. A most competent observer, Tomás de Comyn, many years the factor of the Philippine Commercial Company, has depicted in dark colors, and perhaps somewhat overdrawn the evils of the system. [68]

The subdivision of the provinces was into pueblos each under its petty governor or gobernadorcillo. The gobernadorcillo was an Indian and was elected annually. In Morga's time the right of suffrage seems to have been enjoyed by all married Indians, [69] but in the last century it was restricted to thirteen electors. [70] The gobernadorcillo was commonly called the "captain." Within the pueblos the people formed little groups of from forty to fifty tributes called barangays under the supervision of cabezas de barangay. These heads of barangay represent the survival of the earlier clan organization and were held responsible for the tributes of their groups. Originally the office of cabeza de barangay was no doubt hereditary, but it became generally elective. [71] The electors of the gobernadorcillo were made up of those, who were or had been cabezas de barangay and they after three years of service became eligible to the office of petty governor.

In the few Spanish towns in the islands the local government was similar to that which prevailed in America, which in turn was derived from Spain. That of Manila may be taken as an example. The corporation, El Cabildo (chapter) consisted of two ordinary alcaldes, eight regidores, a registrar, and a constable. The alcaldes were justices, and were elected annually from the householders by the corporation. The regidores were aldermen and with the registrar and constable held office permanently as a proprietary right. These permanent positions in the cabildo could be bought and sold or inherited. [72]

Turning now to the ecclesiastical administration, we find there the real vital organs of the Philippine governmental system. To the modern eye the islands would have seemed, as they did to the French scientist Le Gentil, priest-ridden. Yet it was only through the Friars that Spain retained her hold at all. [73] A corrupt civil service and a futile and decrepit commercial system were through their efforts rendered relatively harmless, because circumscribed in their effects. The continuous fatherly interest of the clergy more than counterbalanced the burden of the tribute. [74] They supervised the tilling of the soil, as well as the religious life of the people; and it was through them that the works of education and charity were administered. [75]

The head of the ecclesiastical system was the Archbishop of Manila, who in a certain sense was the Patriarch of the Indies. [76] The other high ecclesiastical digntaries were the three bishops of Cebú, of Segovia in Cagayán, and of Cazeres in Camarines; and the provincials of the four great orders of friars, the Dominicans, Augustinians, the Franciscans, the barefooted Augustinians, and the Jesuits. [77] In the earlier days the regular clergy (members of the orders) greatly outnumbered the seculars, and refused to acknowledge that they were subject to the visitation of bishop or archbishop. This contention gave rise, at times, to violent struggles. During the eighteenth and nineteenth centuries the proportionate number of seculars increased. In 1750 the total number of parishes was 569, of which 142, embracing 147,269 persons, were under secular priests. The numbers in charge of the orders were as follows:

Villages. Souls.
Augustinians, 115 252,963
Franciscans, 63 141,193
Jesuits, 93 209,527
Dominicans, 51 99,780
Recollects, 105 53,384

making a total of 569 parishes and 904,116 souls. [78]

These proportions, however, fail to give a correct idea of the enormous preponderance of the religious orders; for the secular priests were mostly Indians and could exercise nothing like the influence of the Friars upon their cures. [79]

In these hundreds of villages the friars bore sway with the mild despotism of the shepherd of the flock. Spanish officials entered these precincts only on occasion. Soldiers were not to be seen save to suppress disorders. Spaniards were not allowed to live in these communities, and visitors were carefully watched. [80] As Spanish was little known in the provinces, the curate was the natural intermediary in all communications between the natives and the officials or outsiders. In some provinces there were no white persons besides the alcalde mayor and the friars. Without soldiers the alcalde mayor must needs rely upon the influence of the friars to enable him to execute his duties as provincial governor. In contemplating their services for civilization and good order Tomas de Comyn rises to enthusiasm. "Let us visit," he writes, "the Philippine Islands, and with astonishment shall we there behold extended ranges, studded with temples and spacious convents, the Divine worship celebrated with pomp and splendour; regularity in the streets, and even luxury in the houses and dress; schools of the first rudiments in all the towns, and the inhabitants well versed in the art of writing. We shall see there causeways raised, bridges of good architecture built, and, in short, all the measures of good government and police, in the greatest part of the country, carried into effect; yet the whole is due to the exertions, apostolic labours, and pure patriotism of the ministers of religion. Let us travel over the provinces, and we shall see towns of 5, 10, and 20,000 Indians, peacefully governed by one weak old man, who, with his doors open at all hours, sleeps quiet and secure in his dwelling, without any other magic, or any other guards, than the love and respect with which he has known how to inspire his flock." [81]

If this seems too rosy a picture, it still must not be forgotten that at this time the ratio of whites to Indians in the islands was only about one to sixteen hundred, [82] that most of these lived in Manila, and that the entire military force was not more than two thousand regular troops. [83] As has been intimated this condition lasted down until a comparatively recent period. As late as 1864 the total number of Spaniards amounted to but 4,050 of whom 3,280 were government officials, etc., 500 clergy, 200 landed proprietors, and 70 merchants; and in the provinces the same conditions prevailed that are described by Comyn. [84] In more than half of the twelve hundred villages in the islands "there was no other Spaniard, no other national authority, nor any other force to maintain public order save only the friars." [85]

Recurring for a moment to the higher ecclesiastical organization, the judicial functions of the church were represented by the archbishop's court and the commissioner of the Inquisition. The Episcopal court, which was made up of the archbishop, the vicar-general, and a notary, tried cases coming under the canon law, such as those relating to matrimony and all cases involving the clergy. Idolatry on the part of the Indians or Chinese might be punished by this court. [86] The Holy Inquisition transplanted to New Spain in 1569 stretched its long arm across the great ocean to the Philippines, in the person of a commissioner, for the preservation of the true faith. The Indians and Chinese were exempted from its jurisdiction. Its processes were roundabout, and must have given a considerable proportion of its accused a chance to die a natural death. The Commissioner must first report the offense to the Court in New Spain; if a trial was ordered, the accused must be sent to Mexico, and, if convicted, must be returned to the Philippines to receive punishment. [87]

The most peculiar feature of the old regime in the Philippines is to be found in the regulations of the commerce of the islands. In the Recopilacion de leyes de los reinos de las Indias, the code of Spanish colonial legislation, a whole title comprising seventy-nine laws is devoted to this subject. For thirty years after the conquest the commerce of the islands was unrestricted and their prosperity advanced with great rapidity. [88] Then came a system of restrictions, demanded by the protectionists in Spain, which limited the commerce of the islands with America to a fixed annual amount, and effectively checked their economic development. All the old travelers marvel at the possibilities of the islands and at the blindness of Spain, but the policy absurd as it may seem was but a logical application of the protective system not essentially different from the forms which it assumes today in our own relations to Porto Rico, Cuba, and the Philippines.

The Seville merchants through whose hands the Spanish export trade to the New World passed looked with apprehension upon the importation of Chinese fabrics into America and the exportation of American silver to pay for them. The silks of China undersold those of Spain in Mexico and Peru, and the larger the export of silver to the East the smaller to Spain. Consequently to protect Spanish industry and to preserve to Spanish producers the American market, [89] the shipment of Chinese cloths from Mexico to Peru was prohibited in 1587. In 1591 came the prohibition of all direct trade between Peru or other parts of South America and China or the Philippines, [90] and in 1593 a decree—not rigorously enforced till 1604—which absolutely limited the trade between Mexico and the Philippines to $250,000 annually for the exports to Mexico, and to $500,000 for the imports from Mexico, to be carried in two ships not to exceed three hundred tons burden. [91] No Spanish subject was allowed to trade in or with China, and the Chinese trade was restricted to the merchants of that nation. [92]

All Chinese goods shipped to New Spain must be consumed there and the shipping of Chinese cloths to Peru in any amount whatever even for a gift, charitable endowment, or for use in divine worship was absolutely prohibited. [93] As these regulations were evaded, in 1636 all commerce was interdicted between New Spain and Peru. [94] A commerce naturally so lucrative as that between the Philippines and New Spain when confined within such narrow limits yielded monopoly profits. It was like a lottery in which every ticket drew a prize. In these great profits every Spaniard was entitled to share in proportion to his capital or standing in the community. [95] The assurance of this largess, from the beginnings of the system, discouraged individual industry and enterprise, and retarded the growth of Spanish population. [96] Le Gentil and Zúñiga give detailed descriptions of the method of conducting this state enterprise [97] after the limits had been raised to $500,000 and $1,000,000 respectively for the outgoing and return voyage. The capacity of the vessel was measured taking as a unit a bale about two and one-half feet long, sixteen inches broad and two feet high. If then the vessel could carry four thousand of these bales, each bale might be packed with goods up to a value of one hundred and twenty-five dollars. The right to ship was known as a boleta or ticket. The distribution of these tickets was determined at the town hall by a board made up of the governor, attorney-general, the dean of the audiencia, one alcalde, one regidor and eight citizens. [98]

To facilitate the allotment and the sale of tickets they were divided into sixths. Tickets were ordinarily worth in the later eighteenth century in times of peace eighty dollars to one hundred dollars, and in war time they rose to upwards of three hundred dollars. [99] Le Gentil tells us that in 1766 they sold for two hundred dollars and more, and that the galleon that year went loaded beyond the limit. [100] Each official as the perquisite of his office had tickets. The regidores and alcaldes had eight.

The small holders who did not care to take a venture in the voyage disposed of their tickets to merchants or speculators, who borrowed money, usually of the religious corporations, at twenty-five to thirty per cent per annum to buy them up and who sometimes bought as many as two or three hundred. [101] The command of the Acapulco galleon was the fattest office within the gift of the Governor, who bestowed it upon "whomsoever he desired to make happy for the commission," and was equivalent to a gift of from $50,000 to $100,000. [102] This was made up from commissions, part of the passage-money of passengers, from the sale of his freight tickets, and from the gifts of the merchants. Captain Arguelles told Careri in 1696 that his commissions would amount to $25,000 or $30,000, and that in all he would make $40,000; that the pilot would clear $20,000 and the mates $9,000 each. [103] The pay of the sailors was three hundred and fifty dollars, of which seventy-five dollars was advanced before the start. The merchants expected to clear one hundred and fifty to two hundred per cent. The passenger fare at the end of the eighteenth century was $1,000 for the voyage to Acapulco, which was the hardest, and $500 for the return. [104] Careri's voyage to Acapulco lasted two hundred and four days. The ordinary time for the voyage to Manila was seventy-five to ninety days. [105] Careri's description of his voyage is a vivid picture of the hardships of early ocean travel, when cabin passengers fared infinitely worse than cattle today. It was a voyage "which is enough to destroy a man, or make him unfit for anything as long as he lives;" yet there were those who "ventured through it, four, six and some ten times." [106]

Acapulco in New Spain had little reason for existence, save for the annual fair at the time of the arrival of the Manila ship, and the silver fleet from Peru. That event transformed what might more properly be called "a poor village of fishermen" into "a populous city," for the space of about two weeks. [107]

The commerce between the Philippines and Mexico was conducted in this manner from 1604 to 1718, when the silk manufacturers of Spain secured the prohibition of the importation of Chinese silk goods into New Spain on account of the decline of their industry. A prolonged struggle before the Council of the Indies ensued, and in 1734 the prohibition was revoked and the east and west cargoes fixed at $500,000 and $1,000,000 respectively. [108] The last nao, as the Manila-Acapulco galleon was called, sailed from Manila in 1811, and the final return voyage was made in 1815. After that the commerce fell into private hands, the annual exports were limited to $750,000 and the ports of San Blas (Mexico), Guayaquil (Ecuador), and Callao (Peru) were opened to it.

Other changes were the establishment of direct communication with Spain and trade with Europe by a national vessel in 1766. [109] These expeditions lasted till 1783 and their place was taken in 1785 by the Royal Philippine Company, organized with a capital of $8,000,000, and granted the monopoly of the trade between Spain and the islands. [110] The Manila merchants resented the invasion of their monopoly of the export trade, and embarrassed the operations of the company as much as they could. [111] It ceased to exist in 1830.

By this system for two centuries the South American market for manufactures was reserved exclusively for Spain, but the protection did not prevent Spanish industry from decay and did retard the well-being and progress of South America. Between Mexico and the Philippines a limited trade was allowed, the profits of which were the perquisites of the Spaniards living in the Philippines and contributed to the religious endowments. But this monopoly was of no permanent advantage to the Spanish residents. It was too much like stock-jobbing, and sapped all spirit of industry. Zúñiga says that the commerce made a few rich in a short time and with little labor, but they were very few; that there were hardly five Spaniards in Manila worth $100,000, nor a hundred worth $40,000, the rest either lived on the King's pay or in poverty. [112] "Every morning one could see in the streets of Manila, in the greatest poverty and asking alms, the sons of men who had made a fine show and left much money, which their sons had squandered because they had not been well trained in youth." [113] The great possibilities of Manila as an entrepot of the Asiatic trade were unrealized; for although the city enjoyed open trade with the Chinese, Japanese, and other orientals, [114] it was denied to Europeans and the growth of that conducted by the Chinese and others was always obstructed by the lack of return cargoes owing to the limitations placed upon the trade with America and to the disinclination of the Filipinos to work to produce more than was enough to insure them a comfortable living and pay their tributes. That the system was detrimental to the economic progress of the islands was always obvious and its evils were repeatedly demonstrated by Spanish officials. Further it was not only detrimental to the prosperity of the islands but it obstructed the development of Mexico.

Grau y Monfalcon in 1637 reported that there were fourteen thousand people employed in Mexico in manufacturing the raw silk imported from China. This industry might be promoted by the relaxation of the restrictions on trade. It would also be for the advantage of the Indians of Peru to be able to buy for five pence a yard linen from the Philippines, rather than to be compelled to purchase that of Rouen at ten times the price. [115] But such reasoning was received then as it often is now, and no great change was made for nearly two centuries.

We have now passed in review the political, ecclesiastical, and commercial administration of the Philippines in the olden time; and a general survey of some of the more striking results of the system as a whole may now be made. This is especially necessary on account of the traditional and widely prevalent opinion that the Spanish colonial system was always and everywhere a system of oppression and exploitation; whereas, as a matter of fact, the Spanish system, as a system of laws, always impeded the effectual exploitation of the resources of their colonies, and was far more humane in its treatment of dependent peoples than either the French or English systems.

If, on the one hand, the early conquistadores treated the natives with hideous cruelty, the Spanish government legislated more systematically and benevolently to protect them than any other colonizing power. In the time of the first conquests things moved too rapidly for the home government in those days of slow communication, and the horrors of the clash between ruthless gold-seekers and the simple children of nature, as depicted by the impassioned pen of Las Casas and spread broadcast over Europe, came to be the traditional and accepted characteristic of Spanish rule. [116] The Spanish colonial empire lasted four hundred years and it is simple historical justice that it should not be judged by its beginnings or by its collapse.

The remoteness of the Philippines, and the absence of rich deposits of gold and silver, made it comparatively easy for the government to secure the execution of its humane legislation, and for the church to dominate the colony and guide its development as a great mission for the benefit of the inhabitants. [117] To the same result contributed the unenlightened protectionism of the Seville merchants, for the studied impediments to the development of the Philippine-American trade effectually blocked the exploitation of the islands. In view of the history of our own Southern States, not less than of the history of the West Indies it should never be forgotten that although the Philippine islands are in the Tropics, they have never been the scene of the horrors of the African slave trade or of the life-wasting labors of the old plantation system.

Whether we compare the condition of the natives of the other islands in the Eastern Archipelago or of the peasants of Europe at the same time the general well-being of the Philippine mission villagers was to be envied. A few quotations from unimpeachable witnesses, travelers of wide knowledge of the Orient, may be given in illustration and proof of this view. The famous French explorer of the Pacific, La Pérouse, who was in Manila in 1787, wrote: "Three million people inhabit these different islands and that of Luzon contains nearly a third of them. These people seemed to me no way inferior to those of Europe; they cultivate the soil with intelligence, they are carpenters, cabinet-makers, smiths, jewelers, weavers, masons, etc. I have gone through their villages and I have found them kind, hospitable, affable," etc. [118]

Coming down a generation later the Englishman Crawfurd, the historian of the Indian Archipelago, who lived at the court of the Sultan of Java as British resident, draws a comparison between the condition of the Philippines and that of the other islands of the East that deserves careful reflection.

"It is remarkable, that the Indian administration of one of the worst governments of Europe, and that in which the general principles of legislation and good government are least understood,—one too, which has never been skillfully executed, should, upon the whole, have proved the least injurious to the happiness and prosperity of the native inhabitants of the country. This, undoubtedly, has been the character of the Spanish connection with the Philippines, with all its vices, follies, and illiberalities; and the present condition of these islands affords an unquestionable proof of the fact. Almost every other country of the Archipelago is, at this day, in point of wealth, power, and civilization, in a worse state than when Europeans connected themselves with them three centuries back. The Philippines alone have improved in civilization, wealth, and populousness. When discovered most of the tribes were a race of half-naked savages, inferior to all the great tribes, who were pushing, at the same time, an active commerce, and enjoying a respectable share of the necessaries and comforts of a civilized state. Upon the whole, they are at present superior in almost everything to any of the other races. This is a valuable and instructive fact." [119]

This judgment of Crawfurd in 1820 was echoed by Mallat (who was for a time in charge of the principal hospital in Manila), in 1846, when he expressed his belief that the inhabitants of the Philippines enjoyed a freer, happier, and more placid life than was to be found in the colonies of any other nation. [120]

Sir John Bowring, who was long Governor of Hong Kong, was impressed with the absence of caste: "Generally speaking, I found a kind and generous urbanity prevailing,—friendly intercourse where that intercourse had been sought,—the lines of demarcation and separation less marked and impassable than in most oriental countries. I have seen at the same table Spaniard, Mestizo and Indian—priest, civilian, and soldier. No doubt a common religion forms a common bond; but to him who has observed the alienations and repulsions of caste in many parts of the eastern world—caste, the great social curse—the binding and free intercourse of man with man in the Philippines is a contrast worth admiring." [121] Not less striking in its general bearing than Crawfurd's verdict is that of the German naturalist Jagor who visited the islands in 1859-1860.

"To Spain belongs the glory of having raised to a relatively high grade of civilization, improving greatly their condition, a people which she found on a lower stage of culture distracted by petty wars and despotic rule. Protected from outside enemies, governed by mild laws, the inhabitants of those splendid islands, taken as a whole, have no doubt passed a more comfortable life during recent centuries than the people of any tropical country whether under their own or European rule. This is to be accounted for in part by the peculiar conditions which protected the natives from ruthless exploitation. Yet the monks contributed an essential part to this result. Coming from among the common people, used to poverty and self-denial, their duties led them into intimate relations with the natives and they were naturally fitted to adapt the foreign religion and morals to practical use. So, too, in later times, when they came to possess rich livings, and their pious zeal, in general, relaxed as their revenues increased, they still contributed most essentially to bring about conditions, both good and bad, which we have described, since, without families of their own and without refined culture, intimate association with the children of the soil was a necessity to them. Even their haughty opposition to the secular authorities was generally for the advantage of the natives." [122] Similar testimony from a widely different source is contained in the charming sketch "Malay Life in the Philippines" by William Gifford Palgrave, whose profound knowledge of oriental life and character and his experience in such divergent walks in life as soldier and Jesuit missionary in India, pilgrim to Mecca, and English consul in Manila, give his opinion more than ordinary value.

"To clerical government," he writes "paradoxical as the statement may sound in modern European ears, the Philippine islands owe, more than to anything else, their internal prosperity, the Malay population its sufficiency and happiness. This it is that again and again has stood a barrier of mercy and justice between the weaker and stronger race, the vanquished and the victor; this has been the steady protector of the native inhabitants, this their faithful benefactor, their sufficient leader and guide. With the 'Cura' for father, and the 'Capitan' for his adjutant, a Philippine hamlet feels and knows little of the vexations inseparable from direct and foreign official administration; and if under such a rule 'progress,' as we love to term it, be rare, disaffection and want are rarer still."

As compared with India, the absence of famines is significant; and this he attributes in part to the prevalence of small holdings. "Not so much what they have, but rather what they have not, makes the good fortune of the Philippines, the absence of European Enterprise, the absence of European Capital. A few European capitalist settlers, a few giant estates, a few central factories, a few colossal money-making combinations of organized labour and gainful produce, and all the equable balance of property and production, of ownership and labour that now leaves to the poorest cottager enough, and yet to the total colony abundance to spare, would be disorganized, displaced, upset; to be succeeded by day labour, pauperism, government relief, subscriptions, starvation. Europe, gainful, insatiate Europe would reap the harvest; but to the now happy, contented, satiate Philippine Archipelago, what would remain but the stubble, but leanness, want, unrest, misery?" [123]

The latest witness to the average well-being of the natives under the old system whom I shall quote is Mr. Sawyer. "If the natives fared badly at the hands of recent authors, the Spanish Administration fared worse, for it has been painted in the darkest tints, and unsparingly condemned. It was indeed corrupt and defective, and what government is not? More than anything else it was behind the age, yet it was not without its good points.

"Until an inept bureaucracy was substituted for the old paternal rule, and the revenue quadrupled by increased taxation, the Filipinos were as happy a community as could be found in any colony. The population greatly multiplied; they lived in competence, if not in affluence; cultivation was extended, and the exports steadily increased.—Let us be just; what British, French, or Dutch colony, populated by natives can compare with the Philippines as they were until 1895?" [124]

These striking judgments, derived from such a variety of sources, are a sufficient proof that our popular ideas of the Spanish colonial system are quite as much in need of revision as popular ideas usually are.

Yet one must not forget that the Spanish mission system, however useful and benevolent as an agency in bringing a barbarous people within the pale of Christian civilization, could not be regarded as permanent unless this life is looked upon simply as a preparation for heaven. As an educative system it had its bounds and limits; it could train to a certain point and no farther. To prolong it beyond that stage would be to prolong carefully nurtured childhood to the grave, never allowing it to be displaced by self-reliant manhood. The legal status of the Indians before the law was that of minors, and no provision was made for their arriving at their majority. The clergy looked upon these wards of the State as the school-children of the church, and compelled the observance of her ordinances even with the rod. La Pérouse says: "The only thought was to make Christians and never citizens. This people was divided into parishes, and subjected to the most minute and extravagant observances. Each fault, each sin is still punished by the rod. Failure to attend prayers and mass has its fixed penalty, and punishment is administered to men and women at the door of the church by order of the pastor." [125] Le Gentil describes such a scene in a little village a few miles from Manila, where one Sunday afternoon he saw a crowd, chiefly Indian women, following a woman who was to be whipped at the church door for not having been to mass. [126]

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

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

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

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

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

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

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

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

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

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

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

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

Edward Gaylord Bourne

Yale University, October, 1902.

Preface to Volume I

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

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

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

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

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

The Editors

Documents Regarding the Line of Demarcation—1493-1529

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

Sources: See Bibliographical Data at end of this volun

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

Papal Bulls of 1493

Inter Cætera—May 3

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

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

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

Eximiæ—May 3

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

Gratis by order of our most holy lord the Pope.

Jo. Nilis. D Gallettus.

Inter Cætera—May 4

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

Gratis by order of our most holy lord the Pope.

D. Gallectus.

For the registrar:

A. de Muciarellis.
Collator, L. Amerinus.

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

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

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

The Treaty of Tordesillas

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

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

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

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

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

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

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

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

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

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

Note on Correspondence of Jaime Ferrer

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

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

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

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

Bull, Præcelsæ, of Leo X

November 3, 1514

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In this manner they continued to assert that since Maluco had been found by the King of Portugal, we were bound to make petition for and accept it from him, if we claimed it as lying within the bounds of our demarcation, and not to take possession of it by our own authority; and that the King of Portugal being assured of our contention, which they neither denied nor mistrusted might prove correct, was quite prepared to surrender it to us immediately, according to the terms of the said treaty, of which, in the said name, he wished to make use, and they petitioned that we observe the same. And therefore, as being a matter in which all negotiations and conferences were in good faith, both because of the prominence of those engaged in them, and because of the relationship between them, they declared that they had no wish to profit by any other right or allegation, but only to petition that the contents of the said treaty be kept to the letter.

Certain members of our Council, being informed of the matter made answer that my wish and intention had ever been, and still was, to observe the said treaty, and not to violate it in any manner (as in truth is and has ever been so). When this treaty should be examined and understood in the true light of reason, it would be found to be in our favor; and our intention was clearly founded upon it; and especially were we acting in good faith, according to the declaration of the said ambassadors that it was only necessary to examine the tenor of the said treaty and abide by its contents. Furthermore, in the same section, upon which they, in the name of the said most serene King of Portugal, based their contentions, would be found also the declaration, that if the Castilian ships should find any mainland or island in the Ocean Sea, which the said most serene King of Portugal should claim or allege to have been found within the limits of his demarcation, we were bound to surrender it to him immediately; and he could not be ignorant, nor could he claim ignorance of this, since it was all together in one and the same section. Therefore it was quite evident, since Maluco had been and was found by Castilian and not Portuguese ships, as they declared, that we, according to the terms of the same treaty, held it lawfully, at least in the time taken in arriving at and concluding the true determination of demarcation; and the most serene King of Portugal, when he wished anything, must petition for, and ask it from us, and it being found to be in his demarcation, must accept it from us. All the above they said in my name; asserting that whenever it should appear to be as above stated, we should carry into effect and fulfil immediately everything according to the said treaty. They said that Maluco had been found and occupied first, as must be admitted, by our ships—a fact well known everywhere, as we believe you are aware—inasmuch as nothing else was ever heard or known. The present declaration of the ambassadors was a complete innovation, at which, and reasonably, we must express surprise, since the fact was so well known that no one could pretend ignorance of it.

And, in proof thereof (to continue the above), our present possession, which had been public and without any opposition by the said most serene King of Portugal, was sufficient. And this possession of ours had been continued with his knowledge, suffrance, and good grace, and had been likewise known and suffered by the most serene King Don Manuel, his father. It was now a cause for surprise, that, in an affair of such moment, after such a long interval, and after two generations had consented to it, the effort of obstruction and hindrance should be made, as if it were a matter that had just arisen. It was declared that whoever heard of it, believed it to be more for the purpose of vexing and annoying us at this time, seeing our necessities and our so just employment against the tyrants of Christendom, [176] than for the purpose of obtaining justice. For until the present we would have been able to have been advised of it, and to have informed ourselves, and therefore we, on our part, possessed the good faith in the observance and understanding of the said treaty, alleged by the said ambassadors.

Further, it could not be denied that Maluco had been found and taken possession of first by us, a fact supposed and proved by our peaceful and uninterrupted possession of it until now; and the contrary not being proved legally, our intention in the past and present is inferred and based upon this possession.

From the above it follows plainly that, inasmuch as we found and took possession of Maluco, and hold and possess it at present, as is quite evident that we do hold and possess it, if the said most serene King of Portugal, our brother, claims it, as being of his conquest and demarcation, he must petition us for it, and his representations proving correct, he must accept it from us. Herein is the said treaty obeyed to the letter, as the said ambassadors petition, and observed with the good faith alleged by them.

And in case anything has been obtained in Maluco, or any information has been acquired concerning Maluco, or any Portuguese has gone thither, or is there now, for the purpose of trade or barter, or for any other cause—none of which are known or believed to be so—it does not follow nor can it be asserted that Maluco was found by ships of the King of Portugal, as is required by the said treaty, and therefore the foregoing being, in fact, outside the terms of the treaty, we are outside of its jurisdiction and obligation.

Furthermore it was declared in our behalf, that, although Maluco had been discovered by ships of the King of Portugal—a thing by no means evident—it could not, on this account, be made to appear evident, or be said that Maluco had been found by him. Neither was the priority of time, on which he based his claims, proved, nor that it was discovered by his ships; for it was evident, that to find required possession, and that which was not taken or possessed could not be said to be found, although seen or discovered.

Leaving out of consideration the decision of the law, even the general opinion which was on my side and which comprehends and binds by virtue of common sense those who recognize no superior, and which all of us were and are bound to follow, pointed to the same thing, and it was proved clearly by the said treaty on which we both founded our pretensions, without any necessity arising of dragging ab extra any other right or allegation; because if he who found land, found it in the other's demarcation, he was bound to surrender it to him, according to the terms of the said treaty, it is evident, and follows plainly, that he who found the land must first hold and possess it, because not holding it he could not surrender it to the other, who petitioned him for it, on the grounds that it had been found within his demarcation. If any thing else should be declared, it was in violation of the terms of the said treaty, which must be understood and fulfilled effectually.

From the above it followed clearly that the finding of which the said treaty speaks, must be understood and is understood effectually. It is expedient to know, by taking and possessing it, that which is found; and consequently the most serene King of Portugal, nor his ships, can, in no manner, be spoken of as having found Maluco at any time, since he did not take possession of it at all, nor holds it now, nor has it in his possession in order that he may surrender it according to the stipulations of the said treaty.

And by this same reasoning it appeared that Maluco was found by us and by our ships, since possession of it was taken and made in our name, holding it and possessing it, as now we hold and possess it, and having power to surrender it, if supplication is made to us. It appearing to fall within the demarcation of the most serene King of Portugal, it follows from this, that supplication must be made to us by him, and if it is found to lie within his demarcation, he must receive it from us, and not we from him, in accordance with the said treaty, which being understood to the letter, as the ambassadors petition, thus proves and determines the question.

It was especially declared that we, in this reasoning, made no request of the King of Portugal. And inasmuch as we were the defendant we neither wished to, nor ought we to have any desire to assume the duties of the plaintiff, because if the King wished anything from us for which he should petition us, we were quite ready to fulfil in entire good faith all the obligations of the said treaty.

Furthermore it was declared that, supposing—which is not at all true—that the King of Portugal had found Maluco first, and that he should claim that we should restore it to him, asserting that he had been despoiled of it by our having taken possession of it on our own authority, when we should have petitioned and received it from him; or alleging that we did not disturb or trouble him in the possession of what he does not have, nor ever had in his possession, it was quite clear that the case was not comprehended in the said treaty. Neither was it provided for nor determined in the treaty, which was not to be extended, nor did extend to more than was expressly mentioned and set down therein, which it did determine. Rather this appeared to be a new case, omitted and unprovided for by the treaty, which must be determined and decided by common sense or common law.

Accordingly, since this matter was outside of the said treaty, we were not bound by the treaty, nor in any other manner to leave our right unexamined, nor was it either reasonable or proper to restore immediately in order to have to petition later, thus making ourselves, contrary to all ideas of equity and good faith, original criminal, prosecutor, or plaintiff; especially as it would be impossible or very difficult to recover what we should restore. For this very reason even the restitution of what was well known to be stolen was deferred by law, until the case of ownership was decided.

Furthermore the right of our ownership and possession was evident because of our just occupation. At least it could not be denied that we had based our intention on common law, according to which newly-found islands and mainlands, belonged to and remain his who occupied and took possession of them first, especially if taken possession of under the apostolic authority, to which—or according to the opinion of others, to the Emperor—it is only conceded to give this power. Since we, the said authorities, possessed these lands more completely than any other, and since the fact of our occupation and possession was quite evident, it followed clearly and conclusively that we ought to be protected in our rule and possession, and that whenever anyone should desire anything from us, he must sue us for it; and in such suit must be the occasion for examining the virtue and strength of the titles, the priority, and the authority of the occupation alleged by each party to the suit.

Meanwhile, and until it should be stated legally before one or the other, and that there ought to be a better right than ours, which we neither knew nor believed, we would base our intention upon common law. Therefore we held and possessed Maluco justly, since our title to acquire dominions therein was and is just and sufficient; and from common law arose, both then and now, our good faith and just intention. Our good faith and the justice of our side was apparent by these and other reasons, by the said treaty in what falls within its scope, and by common law and common sense in what falls outside it, or by all jointly. There was no reason or just cause in what the ambassadors petitioned, as formerly in this matter of possession, Silveira, ambassador of our brother, the most serene King of Portugal, the first to come upon this business, had been given thoroughly to understand. Now inasmuch as my wish has ever been, past and present, to preserve the relationship existing between the said most serene King and myself, and in order that the affection and alliance we have ever had may continue to increase, as is in accordance with our desire and actions regarding this matter, as well as upon everything most intimately connected with it, I commanded the members of our Council to review this question in private, and with care; and I charged them in the strongest possible manner that upon God and their own consciences they should declare to me their opinion When it had been examined and discussed again thoroughly, all these members agreed, nemine discrepante, that, from everything observed up to the present, we held Maluco rightly. Now because, as you will understand, since all the members of my Council say the same thing, I ought to believe them, and it would neither be honest nor reasonable to disregard their opinion, especially in a matter upon which I acting alone could not nor can be well informed, I commanded that, according to the above, their opinion would be the answer to the said ambassadors, giving them to understand thoroughly the causes and reasons abovesaid, and others, which although clear and evident, the ambassadors would not accept. Rather they continued to persist that Maluco ought to be surrendered to them. They said they had information that Maluco had been found by the King of Portugal, and by his ships. But that information being unauthorized and in the same the witnesses being subjects of the King of Portugal, (you see how much advantage, honor, and increase it is to this nation to succeed in this undertaking), and it being a thing beyond the bounds of reason, and a matter of no credence or damage, we did not permit examination of it; for even though the evidence should prove damaging to the King of Portugal, he could not be compelled to abide by it, as it had not been presented in a regular court of law, nor sufficiently empowered by him. It was a departure from the principal matter of negotiation. And then too the said ambassadors, although other information better than their own was offered on my part, would not accept it, nor would they abide by it. Although, as you see, I ought not to depart from the said treaty, which was the only petition made me by the said ambassadors, they not wishing to stick to the truth, persisted obstinately in so doing, and then it was sufficient to have satisfied themselves as to its full observance.

But paying no heed to this, nor to the harm ensuing to us in persuading them, on account of my great affection to my cousin, the said most serene King of Portugal, and those causes already declared, proposals were made to the said ambassadors in my behalf, to wit, that it be considered immediately by the court of demarcation, and for this persons be appointed in accordance with the said treaty and the prorogation of it, and within a convenient period, which would not lengthen greatly the business in hand, nor be so short that it would seem that the matter could not be concluded in the time named, and the said declaration and demarcation should be determined. While this was being done, neither he nor I would despatch ships, nor engage in any new undertaking. This would be without hurt to either one of us, so that, if the demarcation was not determined in the time appointed, each one's right would remain and continue fully in force. This expedient, although, it was very prejudicial to our evident and peaceful possession to discontinue it by any compact, and withal a compact made with the side opposing us, the ambassadors would scarcely listen to, declaring that they were not empowered by the King of Portugal to discuss any halfway measures. And afterwards, although with great urging on our part they consented to write the latter concerning this question (and they say they did write him concerning it), they gave out that the reply received was in the way of a refusal.

And notwithstanding that it was seen and known that they did not wish to abide by the said treaty, nor to adopt a middle course or any reasonable conclusion, another expedient was proposed by certain members of our Council, to whom I committed the matter, namely, that while the court of demarcation was sitting, as aforesaid, each side should have entire liberty to despatch ships, if he so wished. For by this means the King of Portugal could take no offense, since this expedient was the same for both. Rather, if any harm resulted, it appeared to be against our right, for of our own free will we permitted them to make expeditions, from which would follow the disturbance of our peaceful and continued possession. Upon every point, although they were given the choice between the said expedients, they answered as at first maintaining an obstinate silence and asserting that they were not authorized. Thus by their own decision and choice they left everything to us.

Then because there remained nothing more to attempt, and in order to convince them thoroughly, and that the King of Portugal, our cousin, might know our intention thoroughly, it was proposed to them that since they were not abiding by the treaty upon which they based their pretensions, nor accepted the expedients proposed to them, that they themselves should propose other expedients, so that if they seemed proper (as were those proposed to them), they might be deliberated upon. To this they answered for the third time that they had no authority to discuss halfway measures, but that Maluco should be surrendered to them. Seeing that all these compliments and offers of expedients made to them on my part, which were submissions rather than compliments, rather proved a loss than a gain to the negotiations, they were abandoned, and the question remained as at first. Inform the most serene King of Portugal in regard to these entire proceedings, for it is the truth. And see that he understands fully my wish, which is as above stated to you; and that I have not failed on my part to do all required by the said treaty, nor to consider any proper and reasonable expedient. Advise me fully of all that is done in this matter. Pamplona, December 18, 1523. I the King. [177] [Countersigned by the secretary Cobos. Signature of the chancellor and of Carvajal]

Treaty Between the Emperor and the King of Portugal Concerning the
Limits and Possession of Maluco

[This treaty was negotiated in the city of Vitoria, being signed February 19, 1524. The negotiators acting for Spain were the following: Mercurinus de Gatinara, Grand Chancellor of his Majesty; Hernando de Vega, Commander-in-chief in Castile of the order of Santiago; García de Padilla, Commander-in-chief of Calatrava; and Doctor Lorenzo Galindez de Carvajal: "all members of the Council of the most exalted and powerful Princes, Don Cárlos, by the divine clemency Emperor ever august, and King of the Romans, and Doña Juana, his mother, and the same Don Cárlos, her son, by the grace of God King and Queen of Castilla, Leon, Aragon, the two Sicilas, Jerusalen, etc." Those acting for the Portuguese monarch were Pero Correa de Atubia, seignior of the city of Velas, and Doctor Juan de Faria, "both members of the Council of the most exalted and excellent Lord, Don Juan, by the grace of God, King of Portugal, of the Algarbes on this side of the sea and in Africa, seignior of Guinea, and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, India, etc." The respective monarchs delegated full powers to these representatives to negotiate, in their names, this treaty, in which the ownership of Maluco was to be determined. The Spanish letter of authorization was signed in Vitoria, January 25, 1524. (Navarrete omits the Portuguese letter of authorization.) The treaty proper follows:]

Thereupon the said Representatives of the said King and Queen of Castilla, … etc., and of the said King of Portugal, … etc., said: That, inasmuch as some doubt exists, between the said Lords, their constituents as to the possession and ownership of Maluco, each one claiming that it falls within the bounds of his demarcation—which must be determined in accordance with the terms of the compact and treaty negotiated between the Catholic Sovereigns Don Hernando and Queen Doña Isabel, King and Queen of Castilla, … etc., and the most exalted and excellent King, Don Joan, King of Portugal, … etc., (may they rest in peace),—therefore they, jointly and severally, in the said names, and by virtue of the said powers, incorporated above, for the sake of peace and concord, and for the preservation of the relationship and affection between their constituents, authorize, consent to, and ratify the following:

First, there shall be appointed by each one of the parties to this treaty three astrologers, and three pilots and sailors, for the determination of the demarcation, which must be made according to the terms of the said treaty. These men must assemble, and they shall assemble, by the end of the month of March first following, or before that time if possible, at the boundary line of Castilla and Portugal, between the cities of Badajoz and Yelbes; in order that by the end of the month of May next following, of this present year, they may determine, in accordance with the terms of the said treaty, the said demarcation—taking a solemn oath as soon as they have assembled, and before attending to anything else, in the form prescribed by law and before two notaries (one for each side) with public declaration and testimony, swearing in the presence of God and the blessed Mary, and upon the words of the four holy Gospels, upon which they shall place their hands, that, laying aside all love and fear, hate, passion, or any interest, and with regard only to securing justice, they will examine the rights of the two parties involved.

Likewise three lawyers shall be appointed by each side, who, within the same period, and at the same place, and after having taken the said oath with all the solemn forms and in the manner abovesaid, shall inquire into the possession of Maluco, and receiving the proofs, documents, treaties, witnesses, and rights that shall have been presented before them, shall determine the possession, doing everything that seems necessary for making the said declaration, just as they would do in court. Of the three above-mentioned lawyers, he who is named first in the commission shall take charge of assembling all the other deputies of his side, in order that greater care may be exercised in the negotiations.

Further, during the said period and up to the end of the said month of May, next following, neither of the parties to this treaty shall despatch expeditions to Maluco, for purposes of trade or barter. But if, before the end of the said period the question of possession or ownership shall be determined, then the side, in whose favor the right of each of the said questions is declared, may despatch expeditions and may barter. And in case the question of ownership and demarcation is determined, then that of possession shall be understood to be decided and absorbed. If only the question of possession is determined by the said lawyers, without their being able to determine that of ownership, as aforesaid, then what still remains to be determined of the said ownership, and likewise of the possession of the said Maluco, shall, in accordance with the terms of the said treaty, remain in the same condition as before this present compact. All of the above must and shall be investigated without any prejudice to the rights of ownership and possession of either side, in accordance with the said treaty.

But if, before the conclusion of the said period, it shall appear to the lawyers first named in the commissions, as aforesaid, that the settlement can, in all probability, be concluded and determined with some further continuation of the time set, as above said; or if another good way or manner of procedure, by which this matter could be determined better under one head or another, to wit, that of possession or that of ownership, should offer itself to them, the two lawyers, as aforesaid, may, in either of these cases, prolong, for so long a time as seems convenient to them, the brief determination of the matter. During the period of the said continuation, these lawyers, and all the other deputies, each one in his own capacity, may investigate and ascertain, and they shall investigate and ascertain, just as if this extension of time were within the principal period named in their commission. But the said time shall be understood to be continued under the same conditions and obligations as hereinbefore stated.

And all the actions taken in this case shall be signed by the two notaries appointed in his name by each of the parties to this treaty, as aforesaid. Each notary shall write the actions taken by his side, and the other, after having confirmed and collated them, shall sign them.

Iten [Item]: each one of the sides must obtain the ratification and confirmation of these articles from their said constituents, within the twenty days first ensuing.

[The strict observance of the above is promised in the fullest of terms by the representatives of the two sovereigns, in the names of their respective constituents. The oath is taken in the usual way, "before God, and the blessed Mary, and on the sign of the Cross, upon which they placed their right hands, and upon the words of the four holy Gospels, wheresoever they are written most completely, and on the consciences of their said constituents, that they, jointly and severally, shall keep, observe, and fulfil all the above, and every part and parcel of it, really and effectually, casting out all deceit, fraud, and pretense; and they shall, at no time, nor in any manner, contradict it; and under the said oath they swore not to seek absolution from our most Holy Father, or from any other legate or prelate who may give it them, and even if it be given them, of his own accord, they shall make no use of it." Within twenty days of the date of the treaty, the respective representatives must exchange confirmations written on parchment and signed with the names and sealed with the hanging leaden seals of their constituents. The signatures affixed to the treaty are: Francisco de Valenzuela, secretary and knight of the order of Santiago; Pedro de Salazar, captain of their Majesties; Pedro de Ysasago, Contino [178] of their Majesties; Gregorio Casgas, Alvaro Mexia, and Sebastian Fernandez, servants of the said ambassador Pedro Correa de Arubia; Juan de Samano; and those of the negotiators.]

The Junta of Badajoz

Extract from the Records of the Possession and Ownership of the
Moluccas

Record of Possession

April 11. On the bridge over the river Caya, situated on the boundary line between Castilla and Portugal the twenty-three deputies exhibited their authorizations. This first day passed in reading the treaty of Vitoria, negotiated February 19, 1524, and the letter of commission of the nine judges for Spain; the recall of Esteban Gomez, who does not understand why he should take part in negotiations for our service, and the appointment in his place of Fray Tomás Duran under date of Búrgos March 20, 1524; the appointment of the nine Portuguese judges; the appointment of one attorney for Spain, and two attorneys for Portugal; and a secretary for Spain, and the same for Portugal.

II They took the solemn oath to act in the sight of God and conscientiously.

III The judges ordered the attorneys of either side to state their side of the case, and to proceed with the matter.

IV The attorneys disputed as to who should act as plaintiff. Each one wished the other to act in this capacity. The Spanish attorney asserted that this affair was at the instance of Portugal, and that the ambassadors had been sent for this purpose by that country. The Portuguese attorney asserted that there was nothing upon the matter in the treaty, as was well known to Spain. In this wise passed the day.

April 14. On the said bridge. The Portuguese attorneys presented a notification, asserting that they made no petition; they said that the King had had possession of Maluco for more than ten years; therefore Spain ought to ask for and accept the witnesses which, according to the terms of the treaty of Vitoria, they were prepared to give as their proofs.

The Spanish attorney gave answer, insisting that the King of Portugal had moved first in this matter, and therefore should be the plaintiff. As to the rest he said that the suit was obscure, vague, and general, insufficient to form a case on possession, and to pass a sure sentence upon it, let them specify wherein they thought the treaty was not observed, and let them attempt the fitting remedy and interdict, and he will answer them.

April 20. In the chapter of the Cathedral church of San Juan at Badajoz. The attorney for Portugal said that it was not apparent from the records that his King had moved first in this matter, nor even if such a thing should be apparent, could it be called a provocation, because this matter was between those who could not be coerced into judgment, since they recognized no superior. As to the claim that their suit was vague, that was no reason why it was not a suit. They stated clearly that their King had been in possession ten years and more. Therefore Spain should act as plaintiff.

April 21. Under the same head. The attorney for Spain insisted upon what he said before, adding only that in regard to this matter being started by Portugal, they denied what they knew to be so, and such a thing could be proved quickly. As to Portugal's saying she had been in possession furnished no reason why Spain should be plaintiff.

April 22. Ibid. In a meeting of the judges, the three lawyers of Portugal gave expression to the following interlocutory opinion: that each side should make cross-examinations according to law, in order that they might examine the witness produced by the attorneys. Thus the latter could offer any writs, proofs, and documents from which they hoped to gain aid in this case, so that, when everything was seen and examined, this case and the doubt as to whom the possession belonged could be determined.

The three Castilian lawyers declared that the petitions of the Portuguese attorneys had no place, and therefore within three days they would state and plead their right.

The Portuguese judges said that both informal opinions agreed in each side pleading its right, but the Castilian judges did not state in theirs whether they should be by court or by petition, and they therefore asked them to make such declaration. The Castilian attorney said that the opinion of his side was clear and there was no occasion for the suit.

The legal judges for Castilla made the same assertion.

May 4. In Yelves, in the town hall. The attorneys for Portugal replied that they would receive hurt from the opinion of the Castilian judges, because the latter claimed wrongly that they were the plaintiffs; that the two interlocutory decisions of either part were not the same. And they asserted that to be in accord with justice, and the treaty, which was in harmony with the opinion of their judges, they ought to form a court of cross-examination and furnish as proofs to the attorney for Castilla those things placed before them. And if they would not do this, then it was evident that the delay in the case was due to the Castilian judges and attorney.

May 6. Ibid. The attorney for Castilla denied that the parties to the suit could compel the arbitrators to submit to their opinions. He defended the opinion of his judges; demonstrated that the contrary was unjust and null and void, because they demand witnesses and proofs to be received without a suit, debate, or conclusion preceding, a thing quite contrary to all order in law. He impugned the secret motive that could provoke the Portuguese judges to their interlocutory opinion, the apparent meaning of which was to make a summary investigation concerning the possession in order thereby to clear the way for the decision of ownership, thus making defendant and plaintiff change places. This had no place in the proceedings because they could not prepare the decision in which they did not make investigations. Further it would be a perversion of the order given by the two sides, both for petitioner and possessor, and clearly what they would do would be null and void. For this and other reasons the opinion of the Portuguese judges had no value. They ought to conform to ours, and not doing so, it is evident that they are guilty of the time already lost and which will be lost.

May 7. Ibid. The Portuguese attorney shattered at length the reasons of Ribera with texts from Bartulo [179] and Baldo, and concluded by saying that the opinion of the Castilian judges was null and void and wrong, and ought to be rectified. Without doubt this was the instruction received from the court.

May 13. At Badajoz, in the council house of the said town. The attorneys for Portugal petitioned that the reply of the attorney for Castilla should not be read, because it should have been presented in the junta before the twelfth. There was a dispute on this point, but it was read. It contradicted the other side, and insisted on the same thing as before. At the end it threw the blame for the delay on the Portuguese deputies, inasmuch as they would not come to an agreement with the intention of their Majesties that the cases be determined in the time allotted. The same day, ibid. In the afternoon meeting Ribera said that the onslaught of the Portuguese deputies on the preceding afternoon had been expected, and it was understood that today was the first meeting at which he ought to speak. Therefore he asked that the petition which precedes be admitted and be placed on record. This was ordered.

May 18. Ibid. In the afternoon the vote of the Portuguese judges taken the morning of the same day was made public, namely, that they clung to their opinion, and threw the blame for the delay on the opposite side.

May 19. The vote of the Castilian judges was made public. It was to the same effect. They added that the judges of Portugal should consider whether they could find any expedient or legal form, whereby the remaining time should not be lost, without prejudice to their declaration. The Portuguese judges asserted the answer given at Yelves, whereupon Ribera presented a petition, setting forth the intention of their Majesties, and throwing the blame on the other side for not having even commenced the case by wishing for proof without suit or foundation.

May 23. In Yelves, in the town hall. The attorneys for Portugal said that, with regard to the fault of the others who would not make use of the remedies provided by law in such cases, they found no other expedient except the one they had set forth in their interlocutory opinion.

May 24. Ibid. The judges for Portugal declared they had a letter from their King, in which he told them that the Emperor was writing to his deputies to agree to resolve themselves into courts for cross-examination and to continue the time. In the afternoon the judges for Spain answered that they were ready for any good expedient and method whereby this negotiation could be brought to a speedy close, in accordance with their Majesties' wish. Those of Portugal replied that they did not answer whether they had such a letter from the Emperor, and if there was any delay, they were to blame.

May 25. Ibid. In the morning the judges for Castilla said that inasmuch as the matter upon which they had been notified was a weighty one, they would defer their answer until the next meeting on the twenty-seventh. Then the attorney Ribera presented a paper wherein he stated that the attorneys for Portugal ought to be compelled justly to act as plaintiffs, as in fact they had proved themselves to be in their petitions, conforming themselves therein with their sovereign who had provoked and commenced this negotiation. Therefore they were acting contrary to their words and deeds. The judges for Portugal ought to act in accordance with the interlocutory opinion of Castilia, so that the case might be valid. We did not have to solicit proofs and witnesses, since our rights were so well-known. But how could we solicit such things without a preceding sentence in accord with the suit depending upon the petitions, etc? Outside of this, since sentence must be passed jointly on possession and ownership, and the judges appointed for this purpose by the King of Portugal having placed a thousand impertinent obstacles in the way, it was evident that the deputies on the other side were avoiding the judgment and suit, and were eluding and losing the time of the compromise. Then he petitioned that they act in accord with his petition.

May 27. Ibid. The Emperor's deputies, in answer to the notification of the twenty-fourth, said that although it was proper that their interlocutory opinion be acted upon, nevertheless, because their Majesties wished the affair settled within the time agreed upon, they would agree that the attorneys of each side should plead their rights within three days.

In the afternoon meeting the deputies of Portugal responded saying that the answer was unsatisfactory. It was unnecessary to have the attorneys of each part plead, since such a thing had been ordered without avail on the eleventh of April. Therefore they insisted upon the interlocutory assembly.

May 28. Ibid. The attorneys for Portugal presented a writ to the effect that the time limit expired on the last of May, and the matter was in such shape that it would be finished briefly; for in regard to the ownership, their attorneys were unanimous on the three points, except in matters of slight moment, in which they could soon agree. In the matter of possession, the witnesses of both sides were present, and such an expedient could be adopted that this case could be determined immediately. "Therefore we petition," said they, "for a continuation of the time limit. In this will be done what ought to be done, and what the Emperor seems to wish, since he has told the ambassadors of our King that your graces could extend the time, and were empowered to do it by the said treaty."

The licentiate Acuña answered immediately that prorogation was an act of jurisdiction, and should be determined on the boundary line, where, according to the order, they must meet during the last three days; and that he was ready to discuss the matter on Monday, May 30 with the licentiate Acevedo, the member first named on their commission.

Acevedo consented, and they agreed to meet on the said day at seven in the morning.

May 30. When the deputies met on the boundary line Acevedo gave his vote, namely, that bearing in mind the treaty and that the matter could be settled briefly, the two cases be continued through June.

Acuña's vote was to the effect that it stipulated in the treaty that, if the case was in such shape it could be settled in a short time. In the matter of possession there was no case nor any sign that there would be one during the month. In that of ownership they differed from the very first point—some insisting that they should count from the island of La Sal, and others from that of San Antonio. He thought the time spent here by the deputies would be lost, and his presence was necessary in the employment and discharge of his duty. He did not see any other expedient but to refer the matter to their principals. Therefore, it was his opinion that the matter should not be continued.

Immediately the attorneys for Portugal declared that their King had written to the Emperor, both upon the question of proceeding by means of courts of cross-examination and upon that of continuing the case, and as he expected a favorable reply within eight or ten days, they should at least prorogue it until that time. To this effect notification should be made by licentiates Acuña and Acevedo.

Acuña answered that he had given his final answer in his reply. On the thirty-first there would be no meeting in regard to the possession. [180]

Record of Ownership [181]

April 11. On the bridge of Caya River assembled the licentiates Cristóbal Vasquez de Acuña, a member of the council, Pedro Manuel, a member of the audiencia and chancery of Valladolid; Fernando de Barrientos, a member of the council of Ordenes; Don Hernando Colon, Simon de Alcazoba, Doctor Sancho de Salaya, master of theology; Fray Tomás Duran, Pero Ruiz de Villegas, Captain Juan Sebastian del Cano; likewise the licentiate Antonio de Acevedo Coutiño, Doctor Francisco Cardoso, Doctor Gaspar Vasquez, all of the desembargo of the King of Portugal; Diego Lopez de Sequera, of the King's council and his chief magistrate, Pedro Alonso de Aguiar, nobleman of the said King's household; Francisco de Mela, master of holy theology; licentiate Tomás de Torres, physician to the said King; Simon Fernandez, Bernaldo Perez, knight of the order of Christ—arbitrators appointed by Spain and Portugal. In the presence of the secretaries Bartolomé Ruiz de Castañeda and Gomez Yañes de Freitas, the treaty appointments, etc., were read. And the witnesses, Doctor Bernaldino de Ribera, attorney of the chancery of Granada, and attorney-general for Spain; and the licentiate Juan Rodriguez de Pisa, advocate to their Majesties; and the licentiate Alfonso Fernandez and Doctor Diego Barradas, attorneys-general for Portugal [182] took the solemn oath.

Upon this day, the Portuguese attorneys declared that Alcazaba could not take the oath or act as judge, inasmuch as he had fled from Portugal with intent to be disloyal to his King, who had, for good and sufficient causes, refused him certain rewards, and had ordered him tried for certain offenses committed in India. This was the reason for his flight, and therefore he was a suspicious person and ought not act as judge. The attorneys asserted strenuously that they would not assent to anything Alcazaba did, and that their King had written the Emperor to appoint another in his place.

Nevertheless the judges ordered that he be sworn and he took the oath with the others. Immediately Doctor Ribera, attorney for Spain, said that the reasons were trifling, and seemed to have been invented to delay the case. A copy was given to the attorneys for Portugal and the day of

April 12. Ibid. The latter said that they held their suspicions justly, and therefore the King had written to the Emperor, etc.

April 20. In the chapter of San Juan, the Cathedral church of Badajoz. A despatch from the King of Portugal was read, removing Bernardo Perez from participation in the case, "because of certain reasons that move us" [could he have been refused by the Emperor in reply to the refusal of Alcazaba? could the said Perez be a Spaniard?] and appointing in his place master Margallo. Another provision of their Majesties was read, removing Simon de Alcazaba, "because he must occupy himself with matters connected with our service," and appointing in his stead Master Alcarez; dated Búrgos, April 10, 1524.—Secretary Cobos. Margallo and Alcarez took the oath and the matter of the demarcation was begun, by the reading of the treaty of Tordesillas of June 5, 1494, [183] with the confirmation given to the same at Arevalo, July 2, of the same year; and the agreement of May 7, 1495, as to the prorogation of the ten months allowed to the caravels to determine the said demarcation.

April 23. Ibid. They began to treat formally of the matter, and in accordance with what had been discussed before, the attorneys propounded three questions.

1st. In what manner the demarcation should be determined.

2d. How the islands of Cabo Verde were to be situated and located in their proper place.

3d. From which of the said islands they should measure the three hundred and seventy leagues.

The judges for Spain voted that these questions should be examined in this order.

May 4. In Yelves, in the town hall. The attorneys for Portugal deferred their voting until this day, and voted that the order of examination should be in the inverse order. Immediately the deputies for Spain declared that in order to avoid discussions they made the declaration of the following writ. In substance this was reduced to saying that they ought to determine first the manner of locating the islands and to choose the meridian for the three hundred and seventy leagues. But this matter being easy and one of pure reason, it ought not obstruct the investigation of the other two, and therefore they would summon the attorneys within three days, to give their decision as to the first question. And they would treat immediately of the other two, since the time limit was short, and already they had lost time enough both because of the refusal to accept Alcazaba and the illness of certain Portuguese deputies.

The Portuguese deputies voiced the following expression in the afternoon: that the reason for not meeting sooner was because certain of the Castilian deputies were not empowered. Moreover they insisted that the first point to be discussed was the one declared by them, but they agreed to the declaration of the attorneys concerning it within three days.

May 6. Ibid. In the morning the attorneys discussed the matter. They sent for the sea-charts and globes of each side which each desired. Several examinations were made. The same discussion was continued in the afternoon, and voting was deferred until

May 7. Ibid. In the morning the Portuguese representatives said that sea-charts were not so good as the blank globe with meridians as it represents better the shape of the world. Then they discussed the best means of putting the lands, islands, and coasts upon it, as they were quite prepared to do this.

The judges for Spain said that they preferred a spherical body, but that the maps and other proper instruments should not be debarred, in order that they might locate the lands better upon the said body.

May 12. In Badajoz, in the chapter of the said church. The judges for Spain said that on May 4 they had ordered the attorneys to discuss the question of the island from which the three hundred and seventy leagues should be measured; that their intention was to hear them viva voce; that time was short, and they summoned them for the following day.

May 13. At Badajoz, in the town hall. Having given notification, the togated attorney of their Majesties and the licentiate Juan Rodriguez de Pisa, of the Council and advocate in this case, discussed the law. The attorneys for Portugal talked also. Then the judges for Spain voted as follows: as to the island from which we should begin to reckon the three hundred and seventy leagues, it is our opinion that it should be the most westerly, San Antonio. They proved this conclusively both by the natural meaning of words, and by the intention and purpose of the Portuguese King to have it as far west as possible. It was also evident from other documents [he alludes to the bull] that Portugal had one hundred leagues on the other side of the islands, and two hundred and seventy more were conceded to her. Then the three hundred and seventy leagues must begin from the most westerly, that of San Antonio. [This is doubtless the paper of Hernando Colon, for it says spherical and contains other sentences peculiar to it.] It was signed at the bottom by the astrologers and pilots alternately in the following order: D. Hernando Colon, Fray Tomás Duran, Magister, Doctor Salaya, Pero Ruiz de Villegas, Master Alcaraz, Juan Sebastian del Cano.

In the afternoon the judges for Portugal rendered the following vote: that the measurement of the said three hundred and seventy leagues should be made from the islands of La Sal or Buena Vista, which were on the same meridian. They adduced several trifling reasons which are not worth recording. They signed it at the bottom: Francisco de Melo, Diego Lopez de Sequera, Pedro Alfonso de Aguiar, Master Margallo, Licentiate Torres, Simon Fernandez.

May 14. Ibid. Having discussed the matter in regard to the judges for Portugal telling those for Castilla that they should give the form of their agreement, the latter presented the following writ: "The principal grounds upon which the judges for Portugal take their stand is, because in the treaty of 494 [sic] it is stated that the caravels shall sail from Canaria to the Cabo Verde Islands, of which the first and principal ones are La Sal and Buena Vista, as if that more than disposed of the voyage, and it was only necessary to finish the measurement." Then they confirmed the reasons given in their former paper and showed conclusively that the judges for Portugal ought to act in accord with them, or the blame for the delay would be theirs, etc.

May 18. Ibid. The judges for Portugal say that they cannot act in accordance with them, because the treaty states that the measurement shall begin at the Cabo Verde Islands, and this must not be understood indefinite, in such manner that it signifies all of them, but that it must be from a meridian where several islands are found. This is the case at the islands of La Sal and Buena Vista. They repeated this with the terms á quo and ad quem, and other subtle phrases, and concluded their long writ by saying that those of Castilla should act with them.

The judges for Castilla presented the following writ immediately: notwithstanding the contention in regard to the place from which they should calculate the three hundred and seventy leagues—to which they thought those from Portugal should conform themselves through fear of God—that they thought it best to pass beyond this question, and to locate the seas and lands on the blank globe. Much advantage would be derived from this. By so doing they would not be standing still and doing nothing. The location of the said lands and seas had no connection with the discussion, but perhaps it would prove to whom the Malucos belong no matter how the line be drawn. Therefore this ought to be done without awaiting the replies or debates which they have insinuated in their discussions, since they had not come here for debates nor to expect other agreement than the determining of justice. Then the judges for Castilla notified those of Portugal that they were acting up to what they said, and would continue to do so. And they would cast the blame upon them as acting contrary to right and law, and it could be seen that they were persisting in their attempt at delay, etc.

In the afternoon the judges for Portugal made answer asserting that their vote was in accordance with law, and they hoped those from Castilla would act in harmony with it. Moreover they agreed to pass on to the other matters of this negotiation.

May 23. In Yelves, in the town hall. The judges for Castilla said that, in accordance with the agreement, they had brought in the map showing the navigation from Castilla to the Malucos. In this was set down especially the cape of San Agustin in Brazil, in eight degrees of south latitude, and in twenty degrees of longitude west of the island of San Antonio; likewise was shown all the coast to the strait of the Malucos [Magallanes] whose entrance lies in fifty-two and one-half degrees of south latitude and four and one-half degrees of longitude farther west. The map contained also all the Maluco Islands, Gilolo, Burnel, Tincor, and many others which were named by Captain Juan Sebastian [del Cano], navigators who sailed in the "Victoria" and who were present at the assembly, and others who together with the foregoing discovered them, calling them the archipelago of the Malucos; and being situated in two degrees on each side of the equinoctial, and lying a distance of one hundred and seventy degrees from the meridian of the cape of San Agustin and one hundred and fifty from the divisional line. They handed this map to the judges for Portugal so that they might examine it, and petitioned them to show their navigation [eastward].

In the afternoon those acting for Portugal said that the foregoing map was of use only in determining the third point, for the Cabo Verde islands were not on it, with the exception of a portion of the island of San Antonio. "Many other lands were lacking and, above all the Line of Demarcation was drawn contrary to our opinion, nor is it sufficient to say that it was the navigation of Captain Juan Sebastian del Cano. Likewise we showed a similar map on which the Malucos were one hundred and thirty-four degrees distant [eastward] from La Sal and Buena Vista, quite different from theirs." But inasmuch as neither touched upon the case, they notified the Castilian deputies to present maps containing all the necessary lands, and "we would do the same."

Immediately the Castilian deputies petitioned that both maps be signed by the secretaries, and they showed theirs with all the Cabo Verde islands added to it, and some lands which the judges for Portugal passed by, so that on their part this did not remain to be done.

The Portuguese map contained Cape Verde with the Rio Grande to the Arbitro, but no more; and toward the north Cape Bojador, which lies thirteen and one-half degrees from Cape Verde; Item, an islet called La Ascencion, and then nothing to Cape Buena Esperanza, which was a northwest direction with a north and south distance of fifty-two and one-half degrees, and a run of sixty degrees; Item, a nameless bay; Item, Cape Guardafui whither it was navigated from Buena Esperanza to the northeast, with a north and south distance of fifty and one-half degrees, and a run of fifty-six degrees; Item, Cape Comerin whither it was navigated from Guardafui in an east and west direction, one-half degree northwest, five degrees east, and a run of twenty degrees; Item, to Zamatra and up to the point called Ganispola, a run of fifteen and one-half degrees, from which point to the Malucos it was twenty-seven degrees.

Thereupon the judges for Portugal, with the exception of Francisco de Melo, who had departed, said they would answer the other points made by the deputies from Castilla in the morning.

May 24. Ibid. The judges for Castilla presented the following writ: "To say that the maps were only for the purpose of locating the Cabo Verde islands is strange, inasmuch as we are discussing the bringing by each side of our respective navigations, in order to determine the distance of the Malucos, as witness the members of the Council, who were and are present. It is also strange that among such persons they should withdraw the plans and maps of their navigation, and not allow us to examine them. In our navigation the only thing necessary is to see the distance in dispute, and we will locate on it anything else they wish. The line is drawn according to our opinion. Let them do the same on theirs meanwhile, in order that it may not prove an obstacle to the third point. As to what they say about their map being like ours, it is not so, for they have located only capes and points. We show the entire navigation up to the Malucos just as they saw it therein. As to the principal matter that there are one hundred and thirty-four degrees eastward from La Sal to Maluco, that is a matter we shall look into, and discuss, and say what we shall deduce as the truth. As to whether we have located the Cabo Verde islands properly, why was there no doubt about that when they agreed to it yesterday afternoon, comparing them in the book of Domingo Lopez de Sequerra, wherein the whole world is shown in meridian circles? Pero Alfonso de Aguiar assured the licentiate Acevedo, who showed doubt upon the matter, many times of this. But for greater abundance of proof we are going to bring back the maps so that they will be sure of it." [This writ seems to be an answer to the following one, but they are in the order written.]

Then the following writ of the judges for Portugal was read. In substance it said that the maps presented by Castilla located the Cabo Verde islands farther west than they should be; that it was unnecessary to present maps showing their navigations, since the only thing they ought to discuss was the location of the Cabo Verde islands.

Then the judges for Castilla offered for a second time their map with the Cabo Verde islands, from which the measurements were taken.

In the afternoon the Portuguese deputies said in substance that the navigations should not be examined, but only the locations of the Cabo Verde islands with their respective distances. This ought to be done in order to determine the meridian at the three hundred and seventy leagues.

The Castilian deputies declared immediately that they were ready to do this, without prejudice of going on to the decision of the negotiations.

Those from Portugal measured the maps, finding several differences between the one of Castilla and their two—a large one and a small one.

Those from Castilla petitioned that the differences be pointed out and that the Portuguese deputies should state what they considered the truth; and that they were quite ready to acquiesce.

May 25. Ibid. Those of Portugal declared that they found differences in this place of one degree, in that of five, which they should try to reconcile. Neither had those of Castilla shown the locations of the Canaries and Cape San Vicente, and it was necessary to have these lands indicated.

The Castilian deputies offered a map with the lands in question, saying that, if this was the opinion of the Portuguese deputies they would conform to it, only they would take back the map presented first, being ready to conform with this opinion in order to get rid of the disputes which were blocking the decision.

The Portuguese deputies said it was quite late, and they would give their answer on the next day.

May 27. Ibid. The judges for Portugal asserted in regard to the location of the Cabo Verde islands: "We locate the island of Santiago in five and one-fourth degrees of longitude from Cape Verde; the islands of La Sal and Buena Vista in four; Sant Anton in eight; and San Nicolas in five and one-half."

The judges for Castilla gave immediately as their opinion that the island of Santiago was in five and two-thirds of longitude distant from the meridian of Cape Verde; those of La Sal and Buena Vista four and two-thirds; that of Sant Anton nine, being in eighteen degrees of latitude. [The original signatures of Colon, Duran, Salaya, Villegas, Alcaraz, and Cano follow.]

May 28. By common consent both sides presented globes showing the whole world, where each nation had placed the distances to suit themselves. The measurements were taken and the secretaries ordered to set them down.

The measurements followed in the afternoon. Numberless differences were found, such that the globe of the Portuguese deputies showed one hundred and thirty-seven degrees of longitude from the meridian of the islands of La Sal and Buenavista to the meridian passing through the Malucos; while that of the Castilians showed one hundred and eighty-three. Both were measured eastward with a difference of forty-six degrees.

At adjournment of this meeting they agreed to meet upon the thirtieth upon the bridge of Caya to discuss and examine everything needful for the negotiations.

May 30. Monday, on the said bridge. The judges for Portugal presented the following notification, read by Francisco de Melo: that because of the differences in the globes they believed it necessary to investigate and make certain of the longitudes in question. For this they proposed four methods, namely: The first, on land by taking distances from the moon to some fixed star, as might be agreed upon; the second, to take the distances of the sun and moon in their risings and settings, and this upon land having its horizon above the water; the third by taking a degree of the sky without any limit for sea and land; and the fourth, by lunar eclipses. "Let us examine the method that we must use," they say, "and let us consider how to end the negotiation. If the time remaining seems short, it should be prorogued as long as may be necessary and for such prorogation we notify," etc., and they did notify Acuña and Acevedo to prorogue it for all of June.

Acevedo gave his vote [the same as in the records of possession]. Acuña said that he heard it, and Don Fernando Colon read immediately the following writ, which in brief showed the subterfuges of the judges for Portugal, the differences between the said judges and the globes which they presented concerning the distance from the meridian of La Sal eastward to Maluco, for they say it is one hundred and thirty-seven degrees but in one globe there were one hundred and thirty-four degrees and in another one hundred and thirty-three, a difference which proved falsehood; that both word and drawing showed their [the Castilians'] truth, and reasons and experience proves the said distance to one hundred and eighty-three degrees, and by way of the west one hundred and seventy-seven. The principal matter could have been determined in the time set; and this proposition of methods, which would require a long time, proved that they wished to delay matters. Neither was one month sufficient for the examination by these methods foreign to the spirit of the treaty, and they were opposed to this thing. They notified the Portuguese deputies to vote definitely on the demarcation and ownership at four o'clock in the afternoon on the following and last day of the time set. If they did not do so they would be to blame … we protest that we shall vote, etc.

The licentiate Acuña immediately handed in a negative vote on the question of continuation, as is seen in the Records of Possession. The notification of Acevedo and the confirmation of Acuña are also the same as in the said Records.

May 31. Ibid. In reply to the deputies of Castilla; those of Portugal presented a writ to the following effect: that the case was far from being in a state to pass a definitive sentence upon it. Only three preliminary points had been touched upon, and discussion of the principal things passed by. Therefore they were to agree upon the distances by virtue of certain observations; to place, by common consent, the lands and seas on a blank globe; and to draw the line of demarcation. The difference in our globes proved nothing. Also they [the Castilians] had altered their only globe and map, based on the voyages of Juan Sebastian del Cano. Therefore believing that all the globes and maps were in error, we have proposed certain astrological methods. Meanwhile we cannot vote, etc.

Don Fernando Colon read immediately the following vote and opinion of the Castilian deputies:

Opinion of the Spanish Astronomers and Pilots [184]