V01

The PHILIPPINEISLANDS1493-1898

The PHILIPPINEISLANDS1493-1898

Explorations by Early Navigators, Descriptionsof the Islands and their Peoples, their History andRecords of the Catholic Missions, as related incontemporaneous Books and Manuscripts,showing the Political, Economic, Commercial andReligious Conditions of those Islands from theirearliest relations with European Nations to the

close of the Nineteenth Century

Edited and annotated by EMMA HELEN BLAIR and JAMES

ALEXANDER ROBERTSON , with historical introductionand additional notes by EDWARD GAYLORD BOURNE .With maps, portraits and other illustrations.

TRANSLATED FROM THE ORIGINALS

Volume 1

CD-ROM produced by Antonio Emmanuel A. Defensor

1493 – 1529

CONTENTS OF VOLUME I

General Preface. 7’/ze E&fors. . . . 13 Historical Introduction. Edwurd Guylord

Bowne. . - *9 Preface to Volume I . . . . . 89 Documents regarding the Line of Demarcation:

Papal Bulls of 14 93 : ~tzhw cderu (May 3), Eximia? (May 3), Intw ca?teru (May 4), Extemiotz de lu concesion (Septem- ber 25). Alexander VI; Rome, 1493. 97

Treaty of Tordesillas. Fernando V and Isabel of Castile, and Jo50 II of Portu- gal ; Tordesillas, June 7, 1494. . . I I 5

[Note on correspondence of Jaime Ferrer regarding the Line of Demarcation- 1493-95.1 . . . . . . 130

Compact between the Catholic Sovereigns and the King of Portugal. Fernando V and Isabel of Castile, and Joao II of Portugal; Madrid, April 15, 1495. . 131

Papal Bull, Ptxcelsa~ Leo X; Rome, No- vember 3, 1514. . . . . . 136

Instructions from the King of Spain to his ambassadors. Cklos I of Spain; Valla- dolid, February 4, 1523. . , - 139

Letter to Juan de Ztifiiga. Ck-10s I of Spain; Pamplona, December 18, 1523. 145

8 T H E P H I L I P P I N E I S L A N D S [ V o l . I

D o c u m e n t s r e g a r d i n g t h e L i n e o f D e m a r c a t i o n : T r e a t y o f V i t o r i a . C k l o s I o f S p a i n , a n d

J o 5 0 I I I o f P o r t u g a l ; V i t o r i a , F e b r u a r y 19, 1524. . . . . . .

J u n t a o f B a d a j o z : e x t r a c t f r o m t h e r e c o r d s i n t h e p o s s e s s i o n a n d o w n e r s h i p o f t h e

M o l u c c a s . B a d a j o z ; A p r i l 1 4 - M a y 1 3 ,

1524. . . . . . . .

O p i n i o n s c o n c e r n i n g t h e o w n e r s h i p o f

t h e M o l u c c a s . H e r n a n d o C o l o n , F r a y * T o m & D u r a n , S e b a s t i a n C a -

b o t o , a n d J u a n V e s p u c c i ; B a d a j o z .

1 5 9

1 6 s

April 13-15, 1524. . . . 2~ L e t t e r s t o t h e S p a n i s h d e l e g a t e s a t t h e

J u n t a o f B a d a j o z . C b l o s I o f S p a i n ; B t i r g o s , M a r c h 2 1 a n d A p r i l

1 0 9 1524. . . . . . 2 1 3 T r e a t y o f Z a r a g o z a , C k l o s I o f S p a i n a n d

J o 2 0 I I I o f P o r t u g a l ; Z a r a g o z a , A p r i l

29, 1529. . . . . . 222 P a p a l B u l l , E x i m k A l e x a n d e r V I ; R o m e ,

November 16, 1501. . . . . . 241

* L i f e a n d V o y a g e o f F e r n g o d e M a g a l h S e s . .

[ R e s u m e o f contemporaneous d o c u m e n t s -

~518-27.1 . . . . . . 2 4 9 L e t t e r o f a u t h o r i z a t i o n t o F a l e r o a n d M a -

g a l h g e s . C W o s I o f S p a i n ; V a l l a d o l i d , March 22, 1518. . . . . . 271

C a r t a d e e l - r e i d e C a s t e l l a p a r a E l - r e i D .

M a n u e l . C X r l o s I o f S p a i n ; B a r c e l o n a , February 28, 1519. . . . . 276

I n s t r u c t i o n s t o J u a n d e C a r t a g e n a . C a r l o s I o f S p a i n ; B a r c e l o n a , A p r i l 6 , 1 5 1 9 . . d o

1493-~991 CONTENTS 9

Life and Voyage of Fernao de Magalhaes. *Carta do rei de Castella a Fernando de

Magalhaes e a Ruy Falero. Carlos I; Barcelona, April 19, I 5 19. . . - 294

*Extract0 de una carta de las Indias. 1522. 296

De Molvccis Insulis. [Letter to the Car- dinal of Salzburg, describing Maga- lhses’s voyage to the Moluccas.] Maxi- millianus Transylvanus ; Coloniq I 523. 305

Bibliographical Data. . . . . * 339 Appendix : Chronological Tables. . * 34s

* Documents marked with an asterisk are printed in both the original language and English translation.

I L L U S T R A T I O N S

Portrait of Fernso de Magalhses; photo- graphic reproduction from painting in the Museo-Biblioteca de Ultramar, Madrid.

F r o n t i s p i e c e

Signature of Fernio de Magalhges; photo- graphic facsimile, from original MS. in Ar- chive General de Indias, Seville. ‘ . . 273

Title-page of D e M o l v c c i s Z n s u f i s ; photo- graphic facsimile, from copy of the first edition, at Lenox Library, . . . * 303

General map of the Philippine Archipelago. A t end of v o l u m e

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 Philip- pine archipelago, all render the history of those islands and their numerous peoples a topic of en- grossing interest and importance to the reading public, and especially to scholars, historians, and statesmen. The present work- i t s material carefully selected and arranged from a vast mass of printed w o r k s a n d u n p u b l i s h e d m a n u s c r i p t s - i s

offered to the public with the intention and hope of casting light on the great problems which confront the American peopli in the Philippines; and of furnishing authentic and trustworthy material for a thorough and scholarly history of the islands. For this purpbse, the Editors reproduce (mainly in Eng- l i s h t r a n s l a t i o n ) c o n t e m p o r a n e o u s d o c u m e n t s w h i c h constitute the best original sources of Philippine h i s t o r y . B e g i n n i n g w i t h P o p e A l e x a n d e r V I ’ s l i n e

of demarcation between the Spanish and the Portu- guese dominions in the New World ( I + T ~ J ) , the course of history i n t h e a r c h i p e l a g o i s t h u s t r a c e d through a period of more than three centuries, comprising the greater part o f t h e Spanish rhgime.

1 4 T H E P H I L I P P I N E I S L A N D S [ V o l . I

I A t h e s e l e c t i o n o f m a t e r i a l , t h e E d i t o r s h a v e

s o u g h t t o m a k e t h e s c o p e o f t h e w o r k c o m m e n s u r a t e w i t h t h e b r e a d t h o f t h e f i e l d , a n d t o a l l o t t o e a c h s u b - j e c t s p a c e p r o p o r t i o n e d t o i t s i n t e r e s t ; n o t o n l y t h e p o l i t i c a l r e l a t i o n s , b u t t h e s o c i a l a n d r e l i g i o u s , e c o - n o m i c a n d c o m m e r c i a l c o n d i t i o n s o f t h e P h i l i p p i n e s h a v e r e c e i v e d d u e a t t e n t i o n a n d c a r e . A l l c l a s s e s o f w r i t e r s a r e h e r e r e p r e s e n t e d - e a r l y n a v i g a t o r s , o f f i c i a l s c i v i l a n d m i l i t a r y , e c c l e s i a s t i c a l d i g n i t a r i e s , a n d p r i e s t s b e l o n g i n g t o t h e v a r i o u s r e l i g i o u s o r d e r s w h o c o n d u c t e d t h e m i s s i o n s a m o n g t h e F i l i p i n o p e o p l e s . T o t h e l e t t e r s , r e p o r t s , a n d n a r r a t i v e s f u r - n i s h e d b y t h e s e m e n a r e a d d e d n u m e r o u s r o y a l d e -

c r e e s , p a p a l b u l l s a n d b r i e f s , a n d o t h e r v a l u a b l e d o c u m e n t s . M o s t o f t h i s m a t e r i a l i s n o w f o r t h e f i r s t t i m e m a d e a c c e s s i b l e t o E n g l i s h - s p e a k i n g r e a d e r s ;

a n d t h e g r e a t l i b r a r i e s a n d a r c h i v e s o f S p a i n , I t a l y , F r a n c e , E n g l a n d , M e x i c o , a n d t h e U n i t e d S t a t e s h a v e g e n e r o u s l y c o n t r i b u t e d t o f u r n i s h i t .

I n t h e p r e s e n t a t i o n o f t h e s e d o c u m e n t s , t h e E d i t o r s a s s u m e a n e n t i r e l y i m p a r t i a l a t t i t u d e , f r e e f r o m a n y p e r s o n a l b i a s , w h e t h e r p o l i t i c a l o r s e c t a r i a n . T h e y a i m t o s e c u r e h i s t o r i c a l a c c u r a c y , e s p e c i a l l y i n t h a t a s p e c t w h i c h r e q u i r e s t h e s y m p a t h e t i c i n t e r p r e t a t i o n o f e a c h a u t h o r ’ s t h o u g h t a n d i n t e n t i o n ; a n d t o d e p i c t f a i t h f u l l y t h e v a r i o u s a s p e c t s o f t h e l i f e o f t h e F i l i - p i n o s , t h e i r r e l a t i o n s w i t h o t h e r p e o p l e s ( e s p e c i a l l y t h o s e o f E u r o p e ) , a n d t h e g r a d u a l a s c e n t o f m a n y t r i b e s f r o m b a r b a r i s m . T h e y i n v i t e t h e r e a d e r ’ s e s p e c i a l a t t e n t i o n t o t h e I n t r o d u c t i o n f u r n i s h e d f o r t h i s s e r i e s b y P r o f e s s o r E d w a r d G a y l o r d B o u r n e , o f Y a l e U n i v e r s i t y - v a l u a b l e a l i k e f o r i t s b r e a d t h o f v i e w a n d f o r i t s s c h o l a r l y t h o r o u g h n e s s . T h e B i b l i - o g r a p h i c a l D a t a a t t h e e n d o f e a c h v o l u m e w i l l S U P -

1493~w91 GENERAL PREFACE 15

ply necessary information as to sources and location I

of the documents published tberein; fuller details, and of broader scope, will be given in the volume de-

voted 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 Riafio, secretary of the Spanish Legation, Washing- ton; Hon. Bellamy Storer, late U. $3. Minister to Spain; Hon. Robert Stanton Sickles, secretary of U. S. Legation, Madrid; Dr. Thomas Cooke Mid- dleton, 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, 6. S. F:, Boston ; Bishop Ignatius F. Horstmann, Cleveland ;

Bishop Sebastian G. Messmer, Green Bay, Wis.; Fray Eduardo Navarro OrdMez, O.S.A., Colegio de

Agustinos, Valladolid, Spain ; Rev. Pablo Pastells, S* J., Sarria, Barcelona, Spain ; Charles Franklin Thwing, LL.D., President of Western Reserve Uni- versity; Frederick J. Turner, Director of th? School of History, University of Wisconsin ; Richard T. Ely (director) and Paul S. Reinsch, of the School of Economics and Political Science, University of Wis- consin; Edward G. Bourne, Professor of History, Yale University; Herbert. Putnam (librarian), Worthington C. Ford, P. Lee Phillips, A. P. C. Grifin, James C. Hanson, and other officials, Library

.

16 THE PHILIPPINE WANDS [Vol. I

of Congress, Washington, D. C.; Wilberforce Eames (librarian) and Victor H. Paltsits, Lenox Library, New York; William I. FlFtche,r, librarian of Am- herst 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 de1 Almodovar de1 Rio, Minister of State, Madrid, Spain; Sr. Francisco Giner de 10s Rios, of University of Madrid, and Director of Institucibn Libre de Enseiianza; Sr. Ricardo Velasquez Bosco, Madrid; Sr. D. Cesireo Fernhndez Duro, of Real Academia de la Historia, Madrid; Sr. D. Eduardo

de Hinojosa, Madrid; Sr. D. Pedro Torres Lanzas, Director of Archive General de Indias, Seville; Sr, D. Julian Paz, Director of. Archive General, Siman- cas; Sr. D. Francisco de P. Cousifio y Vazquez, Librarian of Museo-Biblioteca de Ultramar, Mad- rid.

Favors from the following are also acknowledged ;

Benj. P. Bourland, Professor of Romance Lan- guages, Western Reserve University; Professor C. H Grandgent, Department of Romance Languages,

Harvard University; John Thomson, Free Library of Philadelphizi; George Parker Winship, Carter- Brown Library, Providence, R. I.; Addison Van Name, Librarian of Yale. Uni+et-sity; Otto H, Titt- mann, 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., Gtirgetown University, Washington ; Rev. Thomas

.

1493-w91 GENERAL PREFACE 17

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 Archive Hist&ico-National, Madrid ;

Sr. D. Conde de Ramonones, Minister of Public In- struction, Madrid; Sr. D. W. E. Retana, Civil Gov-

ernor of province of Huesca, Spain; Sr. D. Clemente Miralles de Imperial (director) and Sr. D. J. San- chez Garrigbs (librarian), of Compafiia General de Tabacos de Filipinas, Barcelona; Rev. Julius Alar- con, S. J., Rev. Joaquin Sancho, S.J., Rev. J. M. de Mendia, S.J., and the late Rev. Jo& Maria V&lez, S.J., Madrid; Rev. T. M. Obese, S. J., Bilbao; Rev.

Jos& Alguk, S.J., Director of Observatory, Manila, Luzon; Fray Tirso Lopez, O.S.A., and Fray An- tonio Blanco, O.S.A.,. Colegio de Agustinos, Val- ladolid; Sr. Antonio Rodriguez Villa, Biblioteca de

, la Real Academia de la Historia, Madrid; Sr. Roman Murillo y 0110, Librarian, Real Acadgmia Espafiola, Madrid; and officials of Biblioteca National, Madrid; Sr. Gabriel Pereira, Director of Bibliotheca National, Lisbon; Sr. P. A. d’Azevedo, Director of Archive National (Terre do Tombo) t

Lisbon; Sr. Jo& Duarte Ramalho Ortiggo (director) and Sr. Jordso A. de Freitas (official), Biblio- theca Real da Ajuda, Lisbon; officials of Academia Real das Sciencias, Lisbon; and oficials of U. S. Legations, Lisbon and Madrid.

EMMA

JAMES

HELEN BLAIR

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, Chris- tianized, and trained to labor by Catholic missionaries three centuries ago. A common religion and a common government have effaced in large measure

20 THE PHILIPPINE WANDS [VOL 1

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 contradic- tory 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 poli.tical 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 inac-

1 4 9 3 - 1 5 2 9 1 H I S T O R I C A L I N T R O D U C T I O N 21

cessible 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 possibili’ties 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 &orks 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 survei, even though fragmentary, of Philippine life and culture under the old rkgime 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 1heir recorded history, they were in a

sense a dependency of America, and now the whirli-

22 THE PHILIPPINfi ISIANDS [Vol. I

gig of time has restored them in their politicai relations to the Western Hemisphere. As a dependency of New Spain they constituted the extreme western verge of the Snanish dominions and were commonly known as the Western Islands ’ (Las Islus de1 Poniente). Their discovery and conquest rounded out an empire which in geographical extent far sur- passed 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.g

In one generation, 1486 I 522, the two little powera 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 Portu- guese commerce. The exploration of the west coast of Africa was the scl 001 of the navigators who sailed to the East-and the West Indies, and out of the ad-

’ The Philippine Islands, Maiuccas, Siam, Cambodk, Japan, and China at the close of the Sixteenth Century, by Antonio de Morga, Hakluyt Society, London, 1868, p. 265. This will be cited usually as Morga.

z “ The crown and sceptre of Spain has come co extend itself over all that the sun looks on, from its rising to its setting.” Morga, p 6. Down to the end of the year 1844 the Manilan calendar was reckoned after that of Spain, that is, Manila time was about sixteen hours slower than Madrid time. Finally, with the approval of the Archbishop in 1844, the thirty-first of De- cemher was dropped and the Philippines transferred, so to speak, into the Eastern Hemisphere. Thenceforward Manila time wa about eight hours ahead of Madrid time. Jagor: R&en in den Phili$pitwn, pp. I -2.

J493-15291 Z-IISTORICAL INTRODUC'l'lON 2 3

m i n i s t r a t i o n o f t h e t r a d e w i t h A f r i c a g r e w t h e c o l o n i a l s y s t e m s o f l a t e r d a y s .

I n t h e l a s t q u a r t e r o f t h e f i f t e e n t h c e n t u r y t h e i n c r e a s i n g o b s t r u c t i o n s i n E g y p t a n d b y t h e T u r k s t o t h e t r a d e w i t h t h e E a s t I n d i e s h e l d o u t a g r e a t p r i z e t o t h e d i s c o v e r e r o f a n a l l - s e a r o u t e t o t h e S p i c e I s l a n d s , B a r t h o l o m e w D i a z a n d V a s c o d a G a m a s o l v e d t h i s p r o b l e m f o r P o r t u g a l , b u t t h e s o l u t i o n o f f e r e d t o S p a i n b y C o l u m b u s a n d a c c e p t e d i n 1 4 9 2 r e v e a l e d a N e w W o r l d , t h e I n d i e s o f t h e W e s t .

T h e K i n g o f P o r t u g a l , z e a l o u s t o r e t a i n h i s m o n o p o l y o f A f r i c a n a n d e a s t e r n e x p l o r a t i o n , a n d t h e p i o u s s o v e r e i g n s o f S p a i n , d e s i r o u s t o b u i l d t h e i r c o l o n i a l e m p i r e o n s o l i d a n d u n q u e s t i o n e d f o u n d a - t i o n s , a l i k e a p p e a l e d t o t h e P o p e f o r a d e f i n i t i o n o f t h e i r r i g h t s a n d a c o n f i r m a t i o n o f t h e i r c l a i m s . T h e w o r l d s e e m e d b i g e n o u g h a n d w i t h a s p a c i o u s l i b e r - a l i t y P o p e A l e x a n d e r V I g r a n t e d F e r d i n a n d a n d I s a b e l l a t h e r i g h t t o e x p l o r e a n d t o t a k e p o s s e s s i o n o f a l l t h e h i t h e r t o u n k n o w n a n d h e a t h e n p a r t s o f t h e w o r l d w e s t o f a c e r t a i n l i n e d r a w n n o r t h a n d s o u t h i n t h e A t l a n t i c O c e a n . E a s t o f t h a t l i n e t h e r i g h t s o f P o r t u g a l , r e s t i n g o n t h e i r e x p l o r a t i o n s a n d t h e g r a n t s o f e a r l i e r p o p e s , w e r e c o n f i r m e d .

T h e d o c u m e n t a r y h i s t o r y o f t h e P h i l i p p i n e s b e g i n s w i t h t h e D e m a r c a t i o n B u l l s a n d t h e t r e a t y o f T o r d e - s i l l a s , f o r o u t o f t h e m g r e w M a g e l l a n ’ s v o y a g e a n d t h e d i s c o v e r y o f t h e i s l a n d s ; a n d w i t h o u t t h e m t h e P h i l i p p i n e s w o u l d n o d o u b t h a v e b e e n o c c u p i e d b y P o r t u g a l a n d l a t e r h a v e f a l l e n a p r e y t o t h e D u t c h a s d i d t h e M o l u c c a s .

K i n g J o h n o f P o r t u g a l w a s d i s s a t i s f i e d w i t h t h e p r o v i s i o n s o f t h e D e m a r c a t i o n B u l l s . H e h e l d t h a t t h e t r e a t y b e t w e e n S p a i n a . . A P o r t u g a l i n 1 4 7 9 h a d

.

24 THE PHILIPPINE ISLANDS [Vol. I

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.3 This treaty accepted the principle of the Papal arbitration but shifted the boundary to a posi-

tion supposed to be half-way between the Cape Verde Islands and the newly discovered islands of Cipangu and Antilia.’

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 con- templated a free field for the exploration and con-

quest of the unknown parts of the world, to the eastward for Portugal, and to the westward for Spain. If

* For a fuller.account of the negotiations relating to these bulls and the Treaty of Tordesillas see Harrisse: ZX~/OWUJ~~ Hkfo~y of America, 1~~2-1~~~, S. E. Dawson: The Lines of Demarcation of Pope Alexander F’L and fhe Treaty of Tordesillas, or E. G. Bourne: Essays in Historical Criticism. The texts are printed in this volume.

’ The names used by Columbus in his interview with the King of Portugal. Ruy de Pina: Chronicc gel rey Joac ZZ, CoIleca5 de Livros Zneditos de Historia Portngueze, ii, p. 177.

1493w91 HISTORICAL INTRODUCTION 25

they should cross each other’s tracks priority of discover-y would determine the ownership.’

The suggestion of the extension of the line around the gIobe and of the idea that Spain was entitled to what might be within the hemisphere set off by the l

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.’

The Portuguese reached India in 1498. Thirteen

years later Albuquerque made conquest of Malacca 06 .the Malay Peninsula, the great entrepot of the spice trade; but even then the real goal, the islands where the spices grow, had not been attained. The command of the straits, however, promised a near reaIi&ation of so many years of labor, and, as soon as practicable, in December ISI I, Albuquerque despatched Antonio d’Abreu in search of the precious iglands. 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.’ Francisco SerrZo, however, one of the Portuguese captains, was a friend of Magellan’s and during his wjourn of several years in the Moluccas wrote to him of a world larger aud richer than that discovered by

‘This is also Harris&s view, Di+Zomatic History of America,

P* 74 ’ “ S&se la concession de1 Papa Alexandra ; la division dcl

nqmdo coma una naranja.” Letter of Alonso de Zuazo to Charles V, January 22, I 5 I 8. Dacs. Zngd. de Zndh, i, p. 296 (From HW iisq P. 174). cf. also Maximilianus Transylvanus in First Voyage Round th World hy Ma&an. Hakluyt Society, p. 185.

‘The question is fuIly discussed in Guillunard’s Life of Ferdk nand Macellan, pp. 68~6g.


Vasco da Gama. It is probable, as the historian Barros, who saw some of this correspondence, sug- guests, that Serrao somewhat exaggerated the distance from Malacca to the Moluccas, and so planted

. the seed which bore such fruit in Magellan’s mind.’ The year after the Portuguese actually attained

the Spice Islands, Vasco Nufiez de Balboa, first of

Europeans (I ~13), 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 under-

estimate 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 west- waxd 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 Maxi- milianus 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, be-

’ Guillanard, iuagellan, Q. 7 I.

1493-*991 I-II!TI-ORICAL INTRODUCTION 27

cause, 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.” @ Equally explicit was the contract which Magellan

entered into with lying C.harles: “ 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 injunc- tion “ not to discover or do anything within the

demarcation and limits of the most serene King of Portugal.” lo

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 dayand 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,

‘First Voyage Round the Worid by Magellan, p. 187. ** Navarrete, Colecc~otz d e 1 0 s K a g e s y D e s c u b r i m i e n t o s , e t c . ,

i v , p. 117.


speaking with Magellan, I asked him what way he plarmed 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.” l1 ’

Such were the steps by which the Papal Demarca- tion Line led to the first circumnavigation of the globe, the greatest single human achievement on the sea.12 The memorable expedition set out from Seville

September 20, I 5 19. A year elapsed before the, en-

trance to the strait named for the great explorer was discovered. Threading its sinuous intricacies con-

sumed 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

u Las Casas: Historiu de las Indian. Cal. de Dots. Inid. para la Historia de Espaiia, lxv, pp. 376-377. This account by Las Casas apparently has been overlooked by English writers on Magellan. It is noticed by Peschel, Gesckickte des ‘Zeitalters dw lbtdeckungen, p. 488.

** See Guillemard’s comparison between the voyages of C&m- bus and MageIlan in Life of Magellan, p. 258.

1493-15291 HISTORICAL INTRODUCTION 29

islands of St. Lazarus, from the saint whose day and feast were celebrated early in his stay among themW

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” 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.-

The difficulties, however, of approaching the Mo- luccas by the western route through the straits of Magellan (that Cape Horn could be roundud was not discovered till 1616), the stubborn and defiant attitude of the King of Portugal in upholding hi8 claims, the impossibility of a scientific and exact dc- termination of the Demarcation Line in the absence of accurate means for measuring longitude,- aI1 these, reinforced by the pressure of financial stria- gency led King Charles in ~529 to relinquish alI claims to or rights to trade with the Moluccas for

la Sa Pimfetta’s account in The First J’oyafe Round the World by Magellan, p. 74.

l4 Pigafetta, ibid., p. 76. ” The description of the Philippines and their inhabitants which

we owe to the Italian Pigafetta who ~mpanied Ma@lan is cqx+ cially noteworthy not only as the firs~Eumpean account of thm but also as affording a gauge by which to estimate the N wrought by the Spanish conquest and the missiom.


three hundred and fifty thousand ducats.16 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 Moluc-

cas, 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.” If a later scientific and accurate determination should substantiate the original claims of

either party the money should be returned” 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 rigtit 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

*’ See E. G. Bourne: Essays in Historical Criticism, pp. 209-21 I for an account of the Badajos Junta which attempted to settle the question of the rights to the Moluccas. The documents are in Navarrete, iv, pp. 333-370, a somewhat abridged translation of which is presented in this volume. Sandoval attributes the sale of the Molucas to Charles’~ financial straits. Navarrete, iv, xx. The treaty of sale is in Navarrete, iv, pp. 389-406.

IT Navarretc, iv, p. 394. l* Navarrete, iv, p. 396.

1493~15291 HISTORiCAL INTRODUCTION 31

had made- some progress in introducing Chris- tianity.lB

Villalobos left no permqnent mark upon the islands beyond giving the name “ Felipinas ” to some of them, in honor of “ our fortunate Prince.” *’

Nearly twenty years elapsed before another expe- @ion was undertaken, but this was more carefully o$ga@zed than any of its predecessors) and four or five years were absorbed in the preparations. King Philip II, while respecting the contract with Portu- gal 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 despatcb relative to this qxpedition in 1559 he enjoins that it shall n.ot enter the Moluccas but go “ to other islands &at 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.” ”

Friar And& de Urdan’eta, who liad gone to the MoIuccas with Loaisa in r525, while a Iayman and a sailor, explained to the king that as &z GAYS FGz@~&z was farther west tban the Moluccas the treaty of Zaragoza was just as binding in the case of these

Ia ‘See &e correspondence in Cal. de Dot. Inkditos de Ultranzar, VOL ii (vol. i of subdivision h las Is1a.s Fdipinas), p. 66.

“Rdacion de1 Viaje que l&o desde la Nwva-Espaiia B ias Is/as de/ Poniente Rsty Gorneg de Viilalobos, written hy Garcia Descalante Alvarado. Cole&on de Dots. I&d. de1 Archive de lnfiias v, p. 127. The name was first given in July or August ~543 to some of the smaller islands in the group. Alvarado writes “

On page 122,

pinas.” chinos que vienen a Mindanao y & Ias Phili-

MIcmtero y Vidal says that the island first to receive the name ws Leyte. I-lth. Gen. de Filipinas, i, p. 27. In 1561, Urclaneta uses “ las islas Filipinas ” in the ordinary way; see his “ lkrotero VT prepared for the expedi&n. Cal. DOCA l&d. ~01.

i,p. 13off. ” ~311. de Dots. f&d. de Uitramur, vol. ii, pp. 95-96.


islands as in that of the Moluccas, and that to avoid trouble some o 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 ” *’ 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,” 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

** Z&f., pp. tog-1 1 I.

*a In September, 1568, a Portuguese squadron despatched by the Governor of the Moluccas appeared off Cebu to drive the Spaniards out of the Visayan Islands. The commander satisfied himself with diplomatic protests. Montero y Vidal: Ifi~. G’et~ de Fili#inas, i, p. 34.


in 1567 by two hundred soldiers, and tram iime to time by similar small contingents of troops and monks, by a combina.tion of tact, resourcefulness, and courage he won over the natives, repelled the Portu- guese and laid such foundations that the changes of the next thirty years constitute one of the most sur- prising 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, Pangasinin, La Union, Ilocos, and the coast of Cagayhn, and secured submission of the people to Spanish rule.*’ 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.” ” Nor less deserving of distinction than Legaspi and his heroic grandson was Friar And&s de Urdaneta the veteran navigator whose 9atural 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 expedi- tipn. Nor should the work of the Friars be ignored. Inspired by apostolic zeal, reinforced by the glowing enthusiasm of the Catholic Reaction, gifted and tire-

a4 Montero y Vidal, i, pp. 41-42. s Jtian de Grijalva. From W. E. Retana’s extracts from his

Cranica de la Orden de N. P. S. Aufustin en las pro&&s de la Nuewa Espah, etc. (1533-1sp) in Retana’s edition of Z&iiga’s Estadismo de las Islas Filipinas, ii. p. 219 ff. Juan de SalcedoUafter being promoted to the high rank of Maestre de Curnpa (an in- dependem command) died suddenly in 1576 at the age of twenty- seven. Far from amassing wealth in his career he died poor. In his will he provided that after the payment of his debts the residue of his property should be given to certain Indians of his encomienda. Zbid., p. 615.

3 4 T H E PHILIPPINE ISLANDS [ V o l . I

l e s s , t h e y l a b o r e d i n h a r m o n y w i t h L e g a s p i , w o n c o n v e r t s , a n d c h e c k e d t h e s l o w l y - a d v a n c i n g t i d e o f M o h a m m e d a n i s m . T h e a b l e s t o f t h e B r o t h e r s , M a r t i n d e R a d a , w a s p r e a c h i n g i n V i s a y a n w i t h i n f i v e m o n t h s .

T h e w o r k o f c o n v e r s i o n o p e n e d a u s p i c i o u s l y i n Cebu, w h e r e Legaspi began his work, with a niece of T u p a s , a n i n f l u e n t i a l n a t i v e , v v h o w a s b a p t i z e d w i t h g r e a t s o l e m n i t y . N e x t c a m e t h e c o n v e r s i o n o f t h e M o o r [ M o s l e m J “ w h o h a d s e r v e d a s i n t e r p r e t e r a n d w h o h a d g r e a t i n f l u e n c e t h r o u g h o u t a l l t h a t c o u n t r y . ” I n 1 5 6 8 t h e t u r n i n g p o i n t c a m e w i t h t h e b a p t i s m o f T u p a s a n d o f h i s s o n . T h i s o p e n e d t h e d o o r t o g e n e r a l c o n v e r s i o n , f o r t h e e x a m p l e o f T u p a s h a d g r e a t w e i g h t . ”

I t i s a s i n g u l a r c o i n c i d e n c e t h a t w i t h i n t h e s p a n o f o n e h u m a n l i f e t h e S p a n i a r d s h o u l d h a v e f i n i s h e d t h e s e c u l a r l a b o r o f b r e a k i n g t h e p o w e r o f t h e M o s l e m i n S p a i n a n d h a v e c h e c k e d h i s a d v a n c e i n t h e i s l a n d s o f t h e a n t i p o d e s . T h e r e l i g i o n o f t h e p r o p h e t h a d p e n e t r a t e d t o M a l a c c a i n 1 2 7 6 , h a d r e a c h e d t h e M o l u c c a s i n 1465, and thence was spread- i n g s t e a d i l y n o r t h w a r d t o B o r n e o a n d t h e P h i l i p - p i n e s . 1 0 1 0 ( S u l u ) . a n d M i n d a n a o s u c c u m b e d i n t h e s i x t e e n t h century and when Legaspi began the con- q u e s t o f L u z o n i n 1 5 7 1 h e f o u n d m a n y M o h a m - m e d a n s w h o s e s e t t l e m e n t o r c o n v e r s i o n h a d g r o w n o u t o f t h e t r a d e r e l a t i o n s w i t h B o r n e o . A s t h e o l d Augustinian chronicler Grijalva remarks, ahd his w o r d s a r c e c h o e d b y M o r g a a n d b y t h e m o d e r n h i s t o r i a n M o n t e r o y V i d a l ? “ S o w e l l r o o t e d w a s

z a T h i s a c c o u n t o f t h e c o n v e r s i o n i s b a s e d o n G r i j a l v a ’ s con- t e m p o r a r y n a r r a t i v e : s e e R e t a n a ’ s Z & g ~ , ii, p p . 219-220.

n M o n t w o y V i d a l , i , p . 5 9 .

~493-~!?9J HISTORICAL INTRODUCTION 35

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

goverriment of the Philippines.” ” It is one of the unhappy legacies of the religious

ievolution 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 indelib.le 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 colonizatioh 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 Chris- tianity 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 tb the native populations. The Spanish

policy aimed to preserve and civilize the native races, not to establish a new home for Spaniards, and the

” IWana’s Z&s&, ii, p. 222; Morga, Hakluyt Society edition, PP. 307-308; Montero y Vidal, i, p. 60.

3 6 T H E P H I L I P P h T E U X A N D S [ V o l . I

c o l o n i a l l e g i s l a t i o n p r o v i d e d e l a b o r a t e s a f e g u a r d s f o r t h e p r o t e c t i o n o f t h e I n d i a n s . M a n y o f t h e s e w e r e a m e r e d e a d l e t t e r b u t t h e p r e s e r v a t i o n a n d c i v i l i z a t i o n o f t h e n a t i v e s t o c k i n M e x i c o , C e n t r a l a n d S o u t h A m e r i c a , a n d a b o v e a l l i n t h e P h i l i p p i n e s S t - a n d o u t i n m a r k e d c o n t r a s t , a f t e r a l l a l l o w a n c e s a n d q u a l i f i - c a t i o n s h a v e b e e n m a d e , w i t h t h e f a t e , p a s t a n d p r o s p e c t i v e , o f t h e a b o r i g i n e s i n N o r t h A m e r i c a , t h e S a n d w i c h I s l a n d s , N e w Z e a l a n d , a n d A u s t r a l i a , a n d c l e a r l y d i f f e r e n t i a t e i n t h e i r r e s p e c t i v e t e n d e n c i e s a n d r e s u l t s t h e S p a n i s h a n d E n g l i s h s y s t e m s . T h e c o n - t r a s t b e t w e e n t h e e f f e c t s o f t h e S p a n i s h c o n q u e s t i n t h e W e s t I n d i e s , M e x i c o , a n d t h e P h i l i p p i n e s r e f l e c t s t h e d e v e l o p m e n t o f - t h e h u m a n e p o l i c y o f t h e g o v e r n - m e n t . T h e r a v a g e s o f t h e f i r s t c o n q u i s t a d o r e s , i t s h o u l d b e r e m e m b e r e d , t o o k p l a c e b e f o r e t h e c r o w n h a d t i m e t o d e v e l o p a c o l o n i a l p o l i c y .

I t i s c u s t o m a r y , t o o , f o r P r o t e s t a n t w r i t e r s t o s p e a k w i t h c o n t e m p t o f C a t h o l i c m i s s i o n s , b u t i t m u s t n o t b e f o r g o t t e n t h a t F r a n c e a n d E n g l a n d w e r e c o n - v e r t e d t o C h r i s t i a n i t y b y s i m i l a r m e t h o d s . T h e P r o t e s t a n t r i d i c u l e s t h e w h o l e s a l e b a p t i s m s a n c l c o n - v e r s i o n s a n d a C h r i s t i a n i t y n o t e v e n s k i n - d e e p , b u t t h a t w a s t h e w a y i n w h i c h C h r i s t i a n i t y w a s o n c e p r o - p a g a t e d i n w h a t + r e t h e r u l i n g C h r i s t i a n n a t i o n s o f t o d a y . T h e C a t h o l i c , o n t h e o t h e r h a n d , m i g h t a s k f o r s o m e e v i d e n c e t h a t t h e e a r l y G e r m a n s , o r t h e A n g l o - S a x o n s w o u l d e v e r h a v e b e e n c o n v e r t e d t o C h r i s t i a n - i t y b y t h e m e t h o d s e m p l o y e d b y P r o t e s t a n t s .

T h e w h o l e s a l e b a p t i s m s h a v e t h e i r r e a l s i g n i f i c a n c e i n t h e f r a m e o f m i n d r e c e p t i v e f o r t h e p a t i e n t C h r i s t i a n n u r t u r e t h a t f o l l o w s . C h r i s t i a n i t y h a s m a d e i t s r e a l c o n q u e s t s a n d i s k e p t a l i v e b y C h r i s t i a n t r a i n i n g , a n d i t s p r o g r e s s i s t h e i m p r o v e m e n t w h i c h

1 4 9 3 - 1 5 2 9 1 H I S T O R I C A L INTRODUCTION 3 7

o n e g e n e r a t i o n m a k e s u p o n a n o t h e r i n t h e o b s e r v a n c e o f i t s p r e c e p t s . O n e w h o h a s r e a d t h e o l d P e n i t e n t i a l b o o k s a n d o b s e r v e d t h e e v i d e n c e s t h e y a f f o r d o f t h e

v i t a l i t y o f h e a t h e n p r a c t i c e s a n d r i t e s a m o n g t h e p e o p l e i n E n g l a n d i n t h e e a r l y M i d d l e A g e s w i l l n o t b e t o o h a r s h i n c h a r a c t e r i z i n g t h e s t i l l i m p e r f e c t f r u i t s o f t h e C a t h o l i c m i s s i o n s o f t h e l a s t t h r e e

c e n t u r i e s . I n t h e l i g h t , t h e n , o f i m p a r t i a l h i s t o r y r a i s e d a b o v e

r a c e p r e j u d i c e a n d r e l i g i o u s prepossessions, a f t e r a

c o m p a r i s o n w i t h t h e e a r l y y e a r s o f t h e S p a n i s h c o n - q u e s t i n A m e r i c a o r w i t h t h e f i r s t g e n e r a t i o n o r t w o o f t h e E n g l i s h s e t t l e m e n t s , t h e c o n v e r s i o n a n d c i v i l i z a - t i o n o f t h e P h i l i p p i n e s i n t h e f o r t y y e a r s f o l l o w i n g L e g a s p i ’ s a r r i v a l m u s t b e p r o n o u n c e d a n a c h i e v e m e n t

w i t h o u t a ’ p a r a l l e l i n h i s t o r y . A n e x a m i n a t i o n o f w h a t w a s a c c o m p l i s h e d a t t h e v e r y e n d s o f t h e e a r t h w i t h a f e w s o l d i e r s a n d a s m a l l b a n d o f m i s s i o n a r i e s w i l l i t i s b e l i e v e d r e v e a l t h e r e a s o n s f o r t h i s v e r d i c t W e a r e f o r t u n a t e i n p o s s e s s i n g f o r t h i s p u r p o s e , a m o n g o t h e r m a t e r i a l s , a t r u l y c l a s s i c s u r v e y o f t h e c g n d i t i o n o f t h e i s l a n d s a t t h e o p e n i n g o f t h e s e v e n - t e e n t h c e n t u r y w r i t t e n b y a m a n o f s c h o l a r l y t r a i n i n g a n d p h i l o s o p h i c m i n d , D r . A n t o n i o d e M o r g a , w h o l i v e d i n t h e i s l a n d s e i g h t y e a r s i n t h e g o v e r n m e n t

s e r v i c e . 2 0

T h e S p a n i a r d s f o u n d i n t h e p o p u l a t i o n o f t h e

” f i e w a s l i e u t e n a n t t o t h e G o v e r n o r a n d t h e f i r s t j u s t i c e t o b e a p p o i n t e d t o t h e s u p r e m e c o u r t ( A u d i e n c i a ) o n i t s reorganizat ion . H i s & K ~ W J S d e l a i s l a s P h i l i p i n a s - M e x i c i a d i n d o s , a t m o 1 6 0 9 , i s a w o r k o f g r e a t r a r i t y . I t w a s r e p r i n t e d i n P a r i s i n 1 8 9 0 w i t h a n n o t a t i o n s b y t h e F i l i p i n o a u t h o r a n d p a t r i o t , D r . J o & R i v a l a n d w i t h a n I n t r o d u c t i o n b y B l u m e n t r i t t . R i z a l t r i e s t o s h o w t h a t t l q F i l i p i n o s h a v e r e t r o g r a d e d i n c i v i l i z a t i o n u n d e r S p a n i s h r u l e ; c f . R e t a n a ’ s c o m m e n t s i n h i s L ? % i i g a , i i , p . 2 7 7 . T h e r e f e r e n c e s t o M o r g a t o f o l l o w a r e t o t h e H a k l u y t S o c i e t y e d i t i o n .

38 THE PHILIPPINE ISLANDS rvo1. I

islands two sharply contrasted types which still sur- vive - the Malay and the Negrito. After the introduction of Christianity the natives were commonly classified according to their religion as Indians (Christian natives), Moors a’ ( LMohammedan 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 srates but rather a congeries of small groups something like clans. The headship of these groups or barurzguy$ was hereditary and the authority of the chief s of the Lxrunguy was despotic.” 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 Sp&n. Building upon the available institutions of the barunguy as a unit the Spaniards aimed to familiarize and accustom the Indians to settled village life and to moderate l&or. Only under these conditions could religious training and systematic religious oversight be provided. These viIlages were commonly called pueblos or

’ 3o A natural transference of the familiar name in Spain for Mohammedans.

31 Morga, pp. zg6-2gT.

1 4 9 3 - 1 5 2 9 1 H I S T O R I C A L I N T R O D U C T I O N 3!2

~~&~ciotws, and lndians who ran .away to escape the restraints of civilized life were said to “ take to the hills ” (‘remonfur).

As a sign of their allegiance and to meet the expenses of government every Indian family was

assessed a tribute of eight r e a l s , a b o u t o n e d o l l a r , a n d for the purpose o.f assessment the people were set off in special groups something like feudal holdings

(encomiendas). The tribute from some of the err- comiendas went to the king. Others had been granted to the Spanish army oficers or to the officials.32 T h e “ 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, Domi- nican, and Franciscan Friars, and a house for the

J esuits. The king maintained a hospital for Span-

iards; there was also a hospital for Indians in the Gharge of two Franciscan lay brothers. The garrison was composed of two hundred soldiers. The Chinese quarter o r Pa&h c o n t a i n e d s o m e t w o h u n d r e d s h o p s 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), b e s i d e s the friars in the monasteries. In the old prov-

32 M o r g a , p . 3 2 3 .

* 40 THE PHILIPPINE ISLANDS [Vol. I

ince of La Pampanga the estimated population was 74,7oo with twenty-eight missionaries ; in Pangasinin 2,400 souls with eight missionaries; in 110~0s 78,po

with twenty missionaries; in Cagayan and the Babu- yan islands 96,ooo souls but no missionaries; in La Laguna 4!3,4oo souls with twenty-seven missionaries ;

in Vicol and Camarines with the island of Catandu- anes 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 Dom- inicans, forty-two Franciscans. The King’s erzco- miendas numbered thirty-one and the private ones two hundred and thirty-six.‘3

Friar Martin Ignacio in his Ztinerui-io, the earliest printed description of the islands ( I $3~), says : “ Ac- cording unto the common opinion at this day there is converted and baptised more than foure hundred thousand soules.” ”

This system of cncomiendm had been productive of much hardship and oppression in Spanish Amer- ica, 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

” Relation de 1a.s Encomiendas existentes en Filipinas el dia 31 de Map de 1591, in Retana: .4rchivo de1 Bibiiofilo Filipino, iv, pp. 39-112.

” Mendow The History of the Great and Mighty Kingdom of China. Hakluyt Society edition, ii, p. 263.

1493-15291 HISTORICAL INTRODUC3ION 4*

spiritual children and the wrongs from which they sought to protect them are clearly displayed in the Relaci~n de las Cosas de las Filipinas of Domin- go de Salazar, the first bishop, who has been styled the u Las Casas of the Philippines.” a6

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 national-

ities and periods,36 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 ! ” No wonder an old viceroy of New Spain

33 Printed in RetanLs Archo, iii, pp. 3-45. m “ Of little avail would have been the valor and constancy

with which Legaspi and his worthy companions overcame the natives of the islands, if the apostolic zeal of the missionaries had not seconded their exertions, and aided to consolidate the enterprise. The latter were the real conquerors ; they who without any other arms than their virtues, gained over the good will of the islanders, caused the Spanish name to be beloved, and gave the king, as it were by a miracle, two millions more of submissive and Christian subjects.” Tomas de Comyn, &ute of the PhGp$ine Islunds, etc., translated by William Walton, London, 1821, p. 209. Comyn was the general manager of the Royal Philippine Company for eight years in Manila and is described by his latest editpr, Senor de1 Pan, editor of the ‘Rev&u de Filipinas, as a man of “ extensive knowledge especially in the social sciences.” Retana characterizes his book as “ un libro de merit0 extraordinario,” ZGiga, ii, pp. I 75-76. Mallat says : “ C’est par la seule influence de la religion we l’on a conquis les Philippines, et cette influence pourra seule les conserver.” L.e.r Philippines, histoire, geogiaphie, moeurs, agri- culture, industrie et commerce des Colonies espagnoles dans I’meke. Par J. Mallat, Paris, 1846, i, p. 40. I may say that this work seems to me the best of all the modern works on the Philippines. The author was a man of scientific training who went to the islands to study them after a preparatory residence in Spain for two years.

a’ Morga, p. 325.


was wont to say: “ En cada frai/e tenia el rey tfn

Filipinas un capitan genera/ y un ejercito enter0 “-

“ In each friar in the Philippines the King had a captain general and a whole army.” ” The efforts of the missionaries were by no means. restricted to reiig- ious 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 !3panish.3a They in-

troduced 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.*’

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. Th e 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

a8 Mallat, i, p. 389. w Morga, p. 320. ‘0 Mallat, i, pp. 382-385.

1?93-W91 HK3’IWtICAL INTRODUCTION 4 3

b y P h i l i p I I i n 1585 b u t i t w a s 1601 b e f o r e i t w a s ’ a c t u a l l j o p e n e , d . * l E a r l i e r t h a n t h i s i n 1 5 9 3 t n e r e

h a d b e e n e s t a b l i s h e d a c o n v e n t s c h o o l f o r g i r l s , 4 2 t h e c o l l e g e o f S a i n t P o t e n c i a n a . In provisions for the s i c k a n d h e l p l e s s , M a n i l a a t t h e o p e n i n g o f t h e s e v e n - t e e n t h c e n t u r y w a s f a r i n a d v a n c e o f a n y c i t y i n t h e E n g l i s h c o l o n i e s , f o r m o r e t h a n a c e n t u r y a n d a h a l f

t o c o m e , 4 3 T h e r e w a s f i r s t t h e r o y a l h o s p i t a l f o r S p a n i a r d s w i t h i t s m e d i c a l a t t e n d a n t s a n d n u r s e s ; t h e F r a n c i s c a n h o s p i t a l f o r t h e I n d i a n s a d m i n i s t e r e d

b y t h r e e p r i e s t s a n d b y f o u r l a y b r o t h e r s w h o w e r e p h y s i c i a n s a n d a p o t h e c a r i e s a n d w h o s e s k i l l h a d

w r o u g h t s u r p r i s i n g c u r e s i n m e d i c i n e a n d s u r g e r y ; t h e H o u s e o f M e r c y , w h i c h t o o k i n s i c k s l a v e s , g a v e l o d g i n g s t o p o o r w o m e n , p o r t i o n e d o r p h a n g i r l s , a n d

r e l i e v e d o t h e r d i s t r e s s e s ; a n d l a s t l y , t h e h o s p i t a l f o r S a n g l e y e s o r C h i n e s e s h o p k e e p e r s i n t h e ’ C h i n e s e q u a r t e r . 4 4 W i t h i n t h e w a l l s t h e h o u s e s , m a i n l y o f

s t o n e a n d i n h a b i t e d b y S p a n i a r d s , n u m b e r e d a b o u t s i x h u n d r e d . T h e s u b s t a n t i a l b u i l d i n g s , t h e g a i l y -

d r e s s e d p e o p l e , t h e a b u n d a n c e o f p r o v i s i o n s a n d o t h e r n e c e s s a r i e s o f h u m a n l i f e m a d e M a n i l a , a s M o r g a

s a y s , “ o n e o f t h e t o w n s m o s t p r a i s e d b y t h e s t r a n g e r s

” Morga, p. 312. Mallat, ii, p. 240.

‘* Morga, p. 313. Mallat, ii, p. 244.

KI The first regular hospital in the thirteen colonies was the Pennsylvania Hospital, incorporated in 1751. Patients were first admitted in 1752. Cornell, H i s t o r y o f Z ’ e n n s y l w a n i a , pp. 409-411. There are references to a hospital in New Amsterdam in 1658, but the New York hospital was the first institution of the kind o f any importance. It was founded in 1771, but patients were not admitted till 1791. M e m o r i a l H i s t o r y o f N e w Y o r k , i v , p. 407. T h e r e was no hospital for the treatment of general diseaxs in Boston until the nineteenth c e n t u r y . The Massachusetts General Hospital was chartered in ISI I . M e m o r i a l H i s t o r y o f B o s t o n ,

iv, p. 548.

.44 Morga, p. 350.

.


who flock to it of any in the world.““ There were three other cities in the islands, Segovia and Cazeres in Luzon, and the city of the “most holy name of

J esus ” in Cebti, the oldest Spanish settlement in the archipelago. In the first and third the Spanish in-

habitants numbered about two hundred and in Cazeres about one hundred. In Santisimo nombre

de Jesh there was a Jesuit collkge. 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.*’ 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 religiorx4’

l G Morga, p. 314. l 6 Friar Juan Francisco de San Antonio who went to the Philip-

pines in 1724, says that “ up to the present time there has not been found a scrap of writing relating to religion, ceremonial, or the ancient political institutions.” Chronic&s de la Apostolica Pro- w& de Sun Gregorio, etc. (Sampoloc, near Manila, 1735)~ i, pp. 14g-xs0 (cited from Retana’s ZGigu, ii, p. 294.

” They used palm leaves for paper and an iron stylus for a pen. “ Eescriture ne leur sert que pour s’escrire les uns aux autres, car ils n’ont point d’histoires ny de Livres d’aucune Science; nos Religieux ont imprime des livres en la langue des Isles des chom de nostre Religion.” Relation des Isles Philippines, Faite par un Religieux qui y a demeure 18 am, in Thhvenot’s Voyages Curieux. Paris 1663, ii (p. 5, of the “ Relation “). This narrative is one of the earliest to contain a reproduction of the old Tagal alphabet. Retana ascribes it to a Jesuit and dates it about 1640: p. 13 of the catalogue of his library appended to Archive de1 Bibliofilo Filipino, i. The earliest printed data on the Tagal language according to Retana are those given in Chirino’s Relation de las lsiar Filipinas, Rome, 1604.

1493-1529~ HISTORICAL INTRODUCTION 45

In regard to the religious life ot the converted In- dians 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.” ” 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 be-. cause there were Spaniard souldiers in glory, they would not go thither, because they would not be in their company.” ”

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

” Mendoza’s Historic 01 the Kingdowe of China, volume ii, p. 263.

+’ ibid., p. 264.


their dead, and perform this with ail punctuality and liberality.” ” A generation later the report of the Religious is not quite so sanguine: “ They receive our religion easily and their lack of intellectual pen- etration saves them from sounding the difficulties of

its mysteries. Th ey 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.” ” That these efforts were subsequently crowned with a large measure of success is fhown by the almost universal testimony to the tem- perate 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. T,his 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

” Morga, p. 319. ” Rdation d’un Rdigieux, Th&enot, volume ii, (p. 7 of the

Relation),

J493-J5291 HISTORICAL INTRODUCTION 47

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 quarantinini herself and her dependencies against new ideas, conservatism grew to be her settled habit and the organs of government became ossified. Policies of commercial re- striction 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 pro- gressive 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 Eng- land; nor fail to compare the pueblor of the Philip- pines 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 corn- parison 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 distinc- tive 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 corn- mercial 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 proner

1 4 9 3 - 1 5 2 9 1 H I S T O R I C A L I N T R O D U C T I O N 4 9

s e n s e o f t h e t e r m a c o l o n y . T h e y w e r e f o u n d e d a n d a d m i n i s t e r e d i n t h e i n t e r e s t s o f r e l i g i o n r a t h e r t h a n o f c o m m e r c e o r i n d u s t r y . T h e y w e r e a n a d v a n c e d o u t - p o s t o f C h r i s t i a n i t y w h e n c e t h e m i s s i o n a r y f o r c e s c o u l d b e d e p l o y e d t h r o u g h t h e g r e a t e m p i r e s o f C h i n a a n d J a p a n , a n d h a r d l y h a d t h e n a t i v e s o f t h e i s l a n d s b e g u n t o y i e l d t o t h e l a b o r s o f t h e f r i a r s w h e n s o m e o f t h e l a t t e r p r e s s e d o n a d v e n t u r o u s l y i n t o C h i n a a n d f o u n d m a r t y r s ’ d e a t h s i n J a p a n . I n e x - a m i n i n g t h e p o l i t i c a l a d m i n i s t r a t i o n o f t h e P h i l i p - p i n e s , t h e n , w e m u s t b e p r e p a r e d t o f i n d , i t a s o r t o f o u t e r g a r m e n t u n d e r w h i c h t h e l i v i n g b o d y i s e c c l e s i - a s t i c a l . A g a i n s t t h i s s u b j e c t i o n t o t h e i n f l u e n c e a n d i n t e r e s t s o f t h e C h u r c h e n e r g e t i c g o v e r n o r s r e b e l l e d , a n d t h e h i s t o r y o f t h e S p a n i s h d o m i n a t i o n i s c h e c k - e r e d w i t h s t r u g g l e s b e t w e e n t h e c i v i l a n d r e l i g i o u s p o w e r s w h i c h r e p r o d u c e o n a s m a l l s c a l e t h e m e d i - o v a l c o n t e s t s o f P o p e s a n d E m p e r o r s .

C o l o n i a l g o v e r n m e n t s a r e o f n e c e s s i t y a d a p t a t i o n s o f f a m i l i a r d o m e s t i c i n s t i t u t i o n s t o n e w f u n c t i o n s . T h e g o v e r n m e n t o f S p a i n i n t h e s i x t e e n t h c e n t u r y w a s n o t t h a t o f a m o d e r n c e n t r a l i z e d m o n a r c h y b u t r a t h e r o f a g r o u p o f k i n g d o m s o n l y p a r t i a l l y w e l d e d t o g e t h e r b y t h e p o s s e s s i o n o f t h e s a m e s o v e r e i g n , t h e s a m e l a n g u a g e , a n d t h e s a m e r e l i g i o n . T h e K i n g o f

S p a i n w a s a l s o t h e r u l e r o f o t h e r k i n g d o m s o u t s i d e o f t h e p e n i n s u l a . C o n s e q u e n t l y w h e n t h e N e w W o r l d w a s g i v e n a p o l i t i c a l o r g a n i z a t i o n i t w a s s u b d i v i d e d f o r c o n v e n i e n c e i n t o k i n g d o m s a n d c a p t a i n c i e s g e n - e r a l i n e a c h o f w h i c h t h e a d m i n i s t r a t i v e m a c h i n e r y w a s a n a d a p t a t i o n o f t h e a d m i n i s t r a t i v e m a c h i n e r y o f S p a i n . I n a c c o r d a n c e w i t h t h i s p r o c e d u r e t h e P h i l -

i p p i n e i s l a n d s w e r e c o n s t i t u t e d a k i n g d o m a n d p l a c e d u n d e r t h e c h a r g e o f a g o v e r n o r a n d c a p t a i n g e n e r a l ,


w h o s e p o w e r s w e r e t r u l y r o y a l a n d l i m i t e d o n l y b y t h e c h e c k i m p o s e d b y t h e S u p r e m e C o u r t ( t h e Audi-

en&a) a n d b y t h e o r d e a l o f t h e ~ ~ & I u z c & a t t h e e x - p i r a t i o n o f h i s t e r m o f o f f i c e . A m o n g h i s e x t e n s i v e p r e r o g a t i v e s w a s h i s a p p o i n t i n g p o w e r w h i c h e m - b r a c e d a l l b r a n c h e s o f t h e c i v i l s e r v i c e i n t h e i s l a n d s . H e a l s o w a s e x o f i c i o t h e P r e s i d e n t o f t h e A & + - c i a . 5 2 H i s s a l a r y w a s $ 8 , 0 0 0 s 3 a y e a r , b u t h i s i n c o m e

m i g h t be largely augmented by gifts or bribes.54 T h e l i m i t a t i o n s u p o n t h e p o w e r o f t h e G o v e r n o r i m p o s e d b y t h e Audiencia, i n t h e o p i n i o n o f t h e F r e n c h

- a s t r o n o m e r L e G e n t i l , w e r e t h e o n l y s a f e g u a r d a g a i n s t a n a r b i t r a r y d e s p o t i s m , y e t Z t i f i i g a , a g e n e r a -

t i o n l a t e r p r o n o u n c e d its efforts in this direction gen- e r a l l y i n e f f e c t u a l . ” T h e residencia t o w h i c h

w On the powers of the Governor, see Morga, pp. 344-345.

w Throughout this Introduction the Spanish “ peso ” is rendered by “ dollar.” The reader will bear in mind the varying purchas- ing power of the dollar. To arrive at an approximate equivalent ten may be used as a multiplier for the sixteenth and early seventeenth centuries, a n d f i v e for the middle of the eighteenth century.

” It may be remembered that the official conscience in the seventeenth and eighteenth centuries was not so sensitive in regard to “ tips ” as it is expected to be today. Le Gentil writes: “ Les Gouverneurs de Manille corrompent journellement leurs g&es, et les Manillois ne les abordent gukre pour leur en demander, saris se prtkautioner auparavant du rameau d’or; seul et unique moyen de se les rendre favorables, Un soir ktant all6 voir le Gouverneur, in 1767, B peine m’etit-il demand& des nouvelles de ma sent; qu’il alla me chenzher une bouteille de verre de chopine, mesure de Paris, (half-pint) pleine de paillettes d’or, il me la fit voir en me disant que c’koit un p&z&t dont on l’avoit r k g a b ! c e jour-1; mime: Oi, me dit-il, m e r e g a l a r o n d e e s t e . ” V o y a g e d a n s L e s M e r s d e

L ’ Z m f e , Paris, 1781, ii, pp. 152-153. Le Genti was in the Philip- . pines about eighteen months in 1766-67 on a scientific mission. His account of conditions there is one of the most thorough and valuable that we have for the eighteenth century. As a layman and man of science his views are a useful offset against those of the clerical historians.

” VOyUge, ii, p. 1 5 3 . “ The Royal Audience was established


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 eiections. 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 every- one, even the poorest Indian, might in perfect security bring forward his accusation.” In the Philippines the reszdenck for a governor lasted six months and was conducted by his successor and all the charges made were forwarded to Spain.” The Italian trav-

to restrain the despotism of the Governors, which it has never prevented; for the gentlemen of the gown are always weak-kneed and the Governor can send them under guard to Spain, pack them off to the provinces to take a census of the Indians or imprison them, which has been done several times without any serious con- sequences.” Ztifiiga: Estadismo de las Islas Filijinas I mis Viaps fior este Pais, ed. Retana, i, p. 244.

s6 ‘I Cuando se pusieren edictos, publicaren, y pregonaren las residencias, sea de forma que vengan 6 noticia de 10s Indies, para que putdan pedir justicia de sus agravios con entera libertad.” LZW of 1595, lib. v, tit. xv, ley xxviii of the RecopiZucion de Leyer de los Rhnos de las Indian.

” Recopilucion, lib. v, tit. xv, ley vii.

9 T H E P H I L I P P I N E I S I A N D S [ V o l . I

e l e r G e m e l l i C a r e r i w h o v i s i t e d M a n i l a i n 1 6 9 6 c h a r a c t e r i z e s t h e g o v e r n o r ’ s r c & f t w & a s a “ d r e a d - f u l T r i a l , ” t h e s t r a i n o f w h i c h w o u l d s o m e t i m e s

“ b r e a k t h e i r h e a r t s . ” ‘ a O n t h e o t h e r h a n d , a n a c u t e o b s e r v e r o f S p a n i s h -

A m e r i c a n i n s t i t u t i o n s o f t h e o l d e n t i m e i n t i m a t e s t h a t t h e s e v e r i t i e s o f t h e w & f e n & c o u l d b e m i t i g a t e d a n d no d o u b t s u c h w a s t h e c a s e i n t h e P h i l i p p i n e s . 6 0 B y t h e e n d o f t h e e i g h t e e n t h c e n t u r y t h e m & m & s e e m s to have lost i t s e f f i c a c y . ” T h e g o v e r n o r s h i p w a s c e r t a i n l y a d i f f i c u l t p o s t t o f i l l a n d t h e r e m o t e n e s s f r o m E u r o p e , t h e i s o l a t i o n , a n d t h e v e x a t i o n s o f t h e r e ~ z ’ ~ e r ~ & z m a d e i t n o e a s y t a s k t o g e t g o o d m e n f o r t h e p l a c e . A n o f f i c i a l o f t h i r t y y e a r s e x p e r i e n c e , l a y a n d e c c l e s i a s t i c a l , a s s u r e s u s i n t h e e a r l y s e v e n t e e n t h

century t h a t h e h a d k n o w n o f o n l y o n e g o v e r n o r r e a l l y f i t t e d f o r t h e p o s i t i o n , G o m e z P e r e z D a s m a r i -

fias. H e h a d d o n e m o r e f o r t h e h a p p i n e s s o f t h e natives in t h r e e y e a r i t h a n a l l h i s p r e d e c e s s o r s o r s u c - c e s s o r s . S o m e g o v e r n o r s h a d b e e n w i t h o u t p r e v i o u s p o l i t i c a l e x p e r i e n c e w h i l e o t h e r s w e r e d e f i c i e n t i n

B E C h u r c h i l I ’ s V o y u g e r , i v , p p . 4 2 7 - 4 2 8 . m “ I r e q u e s t t h e r e a d e r n o t t o i n f e r f r o m m y o p i n i o n o f t h e

t r i i u n a l s o f r e s i d e n c e , m y c o n f i d e n c e i n t h e i r e f f i c a c y . M y h o m a g e i s i m m e d i a t e l y a n d s o l e l y a d d r e s s e d t o t h e w i s d o m o f t h e l a w . I r e s i g n a l l c r i t i c i s m o n i t s o p e r a t i o n , t o t h o s e w h o k n o w t h e s e - d u c t i v e i n f l u e n c e o f P l u t u s o v e r t h e f e e b l e a n d p l i a n t T h e m i s . ” D e P a n s : V o y a g e t o t h e E a s t e r n P a r t o f T e r r a F i r m a o r t h e S # a n i r h M a i n i n S o u t h A m e r i c a d u r i n g t h e y e a r s 1 8 0 1 , 1 8 0 2 , 1 8 0 3 , a n d 1 8 0 4 . N e w Y o r k , I & % , i i , p . 2 5 .

0 o “ U n e l o i t & - s a g e , m a i s m a l h e u r e u s e m e n t s a r i s e f f e t , q u i d e v r a i t m o d b - e r c e t t e a u t o r i G e x c e s s i v e , e s t c e l l e q u i p e r m e t i c h a q u e c i t o y e n d e p o u r s u i v r e l e g o u v e r n e u r v & t % a t i d e v a n t s o n s u e e e s s e u r ; m a i s c e l u i - c i e s t i n & e s & a e x c u s e r t o u t c e q U ’ o f l r e p r o c h e i s o n p & d & e s s e u r ; e t l e c i t o y e n a s s e t t t ! m & a i r e p o u r s e p l a i n d r e , e s t e x p & & d e n o u v e l k s e t A d e p l u s f o r t e s v e x a t i o n s . ” V o y a g e d e L a P h o u s e a u t o u r d u M o n d e . P a r i s , 1 7 9 ’ 1 , i i , p . 3 5 0 .

J 4 9 3 - J 5 2 9 1 HISTORICAL INTRODUCTION 5 3

t h e q u a l i t i e s r e q u i r e d i n a s u c c e s s f u l c o l o n i a l r u l e r . ” T h e s u p r e m e c o u r t o r ~ ~ & r z c L z w a s c o m p o s e d o f

f o u r j u d g e s . ( o i d o r e s , a u d i t o r s ) a n a t t o r n e y - g e n e r a l

( f i s c a l ) a c o n s t a b l e , e t c . T h e g o v e r n o r w h o a c t e d a s p r e s i d e n t h a d n o v o t e . 6 2 B e s i d e s t h e f u n c t i o n s o f t h i s b o d y a s t h e h i g h e s t c o u r t o f a p p e a l f o r c r i m i n a l a n d c i v i l c a s e s i t s e r v e d a s h a s b e e n s a i d a s a c h e c k u p o n t h e g o v e r n o r . D o w n t o 1 7 1 5 * t h e A u d i e n c i a t o o k c h a r g e o f t h e c i v i l a d m i n i s t r a t i o n i n t h e i n t e r i m b e - t w e e n t h e d e a t h o f a g o v e r n , o r a n d t h e a r r i v a l o f h i s s u c c e s s o r , a n d t h e s e n i o r a u d i t o r a s s u m e d t h e m i l i - t a r y c o m m a n d . e 3 A t t a c h e d t o t h e c o u r t w e r e a d v o -

c a t e s f o r t h e a c c u s e d , a d e f e n d e r o f t h e I n d i a n s , a n d o t h e r m i n o r o f f i c i a l s . l n a f f a i r s o f p u b l i c i m p o r t a n c e t h e A u d i e t z c i a was t o b e c o n s u l t e d b y t h e g o v e r n o r f o r t h e o p i n i o n s o f t h e a u d i t o r s . ”

F o r t h e p u r p o s e s o f l o c a l a d m i n i s t r a t i o n t h e i s - l a n d s w e r e s u b d i v i d e d i n t o o r c o n s t i t u t e d P r o v i n c e s u n d e r a l c a l d e s m a y o r e s w h o e x e r c i s e d b o t h e x e c u -

a * His comments on the kind of officials needed are not without interest today : “ A governor must understand war but he must n o t be over confident of his abilities. Let him give ear to the

advice of those who know the country where things are managed very differently from what they are in Europe. Those who have tried to carry on war in the islands as it is carried on in Flanders and elsewhere in Europe have fatten into irreparable mistakes. The main thing, however, is to aim at the welfare of the people, t o treat them kindly, to be friendly toward foreigners, to take pains to have the ships for New Spain sait promptly and in good order, t o promote trade with neighboring people and to encburage ship-building. In a word, to live with the Indians rather like a father than like a governor,” R e I a t i o n e t M e m o r i a l d e [ i t a t d e s

I s l e s P h i l i p p u z e s , e t d e s , I s l e s M o l u q u e s by Ferdinand de .los Rios arone& Prestre et Procureur General des Isles Philippines, etc. 7 ’ h c n o t , ii (p. 23 of the Relation).

a2 Morga, p. 345. R e c o p i l a c i o n , lih. ii, tit. xv, tey xi.

a’ I b i d . a l e y I v % . L e Gentil, ii, pp. J 59, 161.

" R e c o p i l a c i o n , lib. ii. tit. xv, ley xi.


tive and judicial functions, and superintended the collection of tribute.*’ 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.”

The provincial court consisted of the alcalde

mayor, an assessor tiho 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, Tom& de Comyn, many years the factor of the Phil- ippine Commercial Company, has depicted in dark

colors, and perhaps somewhat &erdrawn the evils of the system.6’

‘* Mallat, i, pp. 349-50. For a historical summary of the varia- tions in the names of the provinces see Retana’s Ztifiiga’s E~~u&mo, ii, p. 376 ff.

w They received the trihute in kind in fixed amounts and made money out of the fluctuations of the market prices. At times of mrcity and consquent high prices this procedure doubled or trebled the ,burden of the tribute. See &ute of the Philippine ZrZunds, by Tomas de Comyn, translated by William Walton, p. 197. Mallat says: “ Rien n’est plus funeste au pays que la permission qui est accordie aux alcaldes de faire le commerce pour leur compte.” i, p. 351. See also Retana’s note, Ztiiiiga, Estudismo, ii, p. 530~ This right to trade was abolished in 1844.

“ “ It is a fact common enough to see a hairdresser or a lackey converted into a governor; a sailor or a deserter, transformed into a district magistrate, collector, or military commander of a populous province, without other counsellor than his own crude understanding, or any other guide than his passions. Such a meta- morphosis would excite laughter in a comedy or farce; but, realized in the theatre of human life, it must give rise to sensations of a very different nature. Who is there that does not feel horror- struck, and tr!rnble for the innocent, when he sees a being of this kind transferred from the yard-arm to the scat of justice, deciding in the first instance on the honor, lives, and property of a hundred

1.493~15291 I-IISTORICAL INTRODUCTION

The subdivision of the provinces was

55

into pueblos each under its petty governor or gobernadorcillo.

The gobernadorcitlo was an Indian and was elected annually. In Morga’s time the right of suffrage seems to have been enjoyed by all married Indians,‘* but in the last century it was restricted to thirteen

electors.” ‘The gobernadorciflo ~2s commonly called

thousand persons, and haughtily exacting the homage and incense of the spiritual ministers of the towns under his jurisdiction, as well as of the parish curates, respectable for their acquirements and benevolence, and who in their own native places, would possibly have rejected as a servant the very man whom in the Philippines they are compelled to court, and obey as a sovereign.” &de of de Philippine Zslmtds, London, 1821, p. 194.

‘* Morga, p. 323.

w Jagor describes an election which he sati in the town of Lauane, of four thousand five hundred inhabitants, in the little island of the same name which lies just off the north shore of Samar. As it is the only description of such a local election that I recall I quote it in full. “ It took place in the town house. At the table sits the Governor or his proxy, on his right the pastor and on his left the secretary who is the interpreter. All the Cabezas de Barangay, the Gobernadorcillo and those who have formerly been such have taken their places on the benches. In the first place six of the Cabezas, and six of the ex-Gobernadorcillos respectively are chosen by lot to serve as electors. The Goberna- dorcillo in office makes the thirteenth. The rest now leave the room. After the chairman has read the rules and exhorted the electors to fulfil their duty conscientiously, they go one by one to the table and write three names on a ballot. Whoever receives the largest number of votes is forthwith nominated for Goberna- dorcillo for the ensuing year, if the pastor or the electors make nb well-founded objections subject to the confirmation of the superior court in Manila, which is a matter of course since the influence of the pastor would prevent an unsuitable choice. The same process was followed in the election of the other local officials except &at the new Gobernadorcillo was called in that he might make any objections to the selections. The whole transaction was very quiet and dignified.” 189-190.

Reisen in den Philippinen, Berlin, 1873, pp.

Sir John Bowring’s account of this system of local adminisrra- tion is the clearest of those I have found in English books. A Visit tti the Philippine Zslands, London, 1859, pp. 89-93.


the “ captain.” Within the pueblos the people formed little groups of from forty to fifty tributes called burunguys under the supervision of cubezus de hmguy. These heads of burunguy represent the survival of the earlier clan organization and were held responsible for the tributes of their groups. Originally the office of cubezu de bunzngay was no doubt hereditary, but it became generally electiie.” The electors of the gobernudorcillo were made up of those who were or had been cubezus de burunguy 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 CMifdo (chapter) consisted of two ordinary uhz/des, eight regidores, a registrar, and a constable. The ukuldes were justices, and were elected annually from the householders by the corporation. The regidom were alderhen and with the registrar and constable held office permanently as a proprietary right These permanent positions in the cubildo could be bought and sold or inherited.7i

Turning now to the ecclesiasGca1 administration, we find there the real vital organs of the Philippine governmental system. To the modem eye the islaids would have seemed, as they did to the French scientist L Gentil, priest-ridden. Yet it was only through the

TO The Gobcmadorcillo in council’with the other Cabezas prc- Sented 4 name to the superior authdty fbr appointmenL Bowring, P. w.

‘I Ziifii~ Estadismo de las I&s Filipinas, i, p. 245. l& i, p. 358.

Cf. Mal-


Friars that Spain retained her hold at all.‘* 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.” They supervised the tilling of the soil, as well as the religious life of the people; and it was rhrough them that the works of education and charity were administered.T*

The head of the ecclesiastical system was the Arch- bishop of Manila, who in a certain sense was the Patriarch of the Indies.” The other high ecclesiastical digntaries were the three bishops of Cebti, of Segovia in Cagayhn, 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.T6 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, embrac- ing 147,269 persons, were under secular priests. The numbers in charge of the orders were as follows:

” Comyn: State of the Philippine Islands, ch. vii,

‘* Mallat, i, pp. 40, 386. Jagor, pp. 95-97. ‘* Mallat, i, p. 380 ff. Comyn, p. 212 ff.

m Mallat, i, p. 365.

” Mow, P. 333.

T H E P H I L I P P I N E I S L A N D S [ V o l . I

Villages. Souls. Augustinians, . . . . I 15 252,963 Franciscans, . . . . . 6 3 1 4 I j I 9 3 J esuits, . . . . . . 9 3 = % 5 2 7 D o m i n i c a n s , . . . . . 51 9 9 , 7 8 0 R e c o l l e c t s , . . . . . 10s 53,384

m a k i n g a t o t a l of 569 parishes and 9 0 4 , I 16 s o u l s . ”

These proportions, h o w e v e r , f a i l t o g i v e a c o r r e c t i d e a o f t h e e n o r m o u s p r e p o n d e r a n c e o f t h e r e l i g i o u s orders; for the secular priests were mostly Indians a n d c o u l d e x e r c i s e n o t h i n g l i k e t h e i n f l u e n c e o f t h e F r i a r s u p o n t h e i r c u r e s . ‘ *

In these hundreds of villages the friars bore sway with t h e mild despotism of the shepherd of the flock. Spanish officials entered these precincts only on

o c c a s i o n . S o l d i e r s w e r e n o t t o b e s e e n s a v e t o s u p - p r e s s d i s o r d e r s . S p a n i a r d s w e r e n o t a l l o w e d t o l i v e i n t h e s e c o m m u n i t i e s , a n d v i s i t o r s w e r e c a r e f u l l y w a t c h e d . ” A s S p a n i s h w a s l i t t l e k n o w n i n t h e p r o v i n c e s , t h e c u r a t e w a s t h e n a t u r a l i n t e r m e d i a r y i n a l l c o m m u n i c a t i o n s b e t w e e n t h e n a t i v e s a n d t h e o f f i c i a l s o r o u t s i d e r s . I n s o m e p r o v i n c e s t h e r e w e r e n o w h i t e p e r s o n s b e s i d e s t h e uZcuZde muyor a n d t h e

” Delgado: H&&&I de F i l i p i n m , B i b l i o t e c a H i s t o r i c a F i l i p i n a , M a n i l a , 1 8 9 2 , p p . 1 5 5 - 1 5 6 . D e l g a d o w r o t e i n 1 7 5 + 5 1 . S o m e - w h a t different figures are given by I_R Gentil on the basis of the oflicial r m r d s i n 1 7 3 5 , i i , p . 1 8 2 . H i s t o t a l i s 7 0 5 g o 3 p e r s o n s .

” L e G e n t i l , i , p . 1 8 6 . w R e c o p i l a c i o n , lib. vi, tit. i i i , l e y x x i . M o r g a , p . 3 3 0 . . “ A v a z t o u t u l e s r m m m a n d a t i o n s p o s s i b l e , i l a r r i v e t n c o r e

q u e l e moine char& de la pcuplade par d vous voyagez, VOW laissc rarement parler acul aux Indiens. Lorsque vous pa&z en sa p r h e n c e 4 q u e l q u e I n d i c n q u i e n t c n d u n p e u l e C a s t i i l a n , s i c c R e l i g i e u x t r o u v e m a u v a i s q u e v o u s c o n v e r s i e z t r o p l o n g - t e m p s a v e c c c N a t u r e l , i l l u i f a i t e n t e n d r e d a n s l a l a n g u e d u p a y s , d e n e v o u s point &pondre en Castilian,, mais dans sa languef rIndien ob&.” Lu Gentil, i i , p . 1 8 5 .


,

friars. Without soldiers the ulculde mayor must needs rely upon the influencesof the friars to enable him to execute his duties as provincial governor. In contemplating their services for civilization and

pod 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 potnp 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 bf 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, IO, and 20,000 Indians, peacefully gbverned by one weak old tian, who, with liis 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.” *’

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,81 that most of these lived in Manila, and

a’ State of the Philippine Zslands, pp. 216-217. These responsi- bilities and the isolation from Europeans together with the climate frequently brought on insanity. p. 388.

Le Gentil, ii, p. rzg. Mallat, i,

.9l Z&A., p. 214,


that the entire military force was not more than two thousand regular *roops.az 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., soo clergy, zoo landed pro prietors, and 70 merchants; and in the provinces the same conditions prevailed that are described by Comyn.‘* 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.” ”

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

” In 1637 the military force maintained in the islands consisted of one thousand seven hundred and two Spaniards aml one hundred and forty Indians. Memorial de D. Juan Grau y Monfalcon, i’rocurador General de las Islas Filifiinas, Dots. Iniditos de1 Arc&o de ?ndias, vi, p. 425. *In 1787 the garrison at Manila cmsisted of one regiment of Mexicans comprising one thousand three hundded men, two artillery companies of eighty men each, three eaval+ companies of fifty men each. La P&ouse, ii, p. 368.

a* APunter znteresantes sobre Las Islas Filipitras, etc., escritos fior un Espatil de larga esfieriencia en el pais y amante de1 pro- gresso, Mtitid, 1869, p. 13. This very interesting and valuable work vvas Wr&n in the main by Vicente Barrantes, who was a member d tb Governor’s council and his secretary.

5 On the

authorship see etana’s Archive ii, Biblioteca Gen., p. 25 which corrects his hjecture published in his Ztlgiga, ii, p. 135.

*’ APunteS Zmturesanter, pp. 42-43.


be punished by this court.” 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 Com- missioner must first report the offense to the Court in New Spain; if a trial was ordered, the accused must be ?ent to Mexico, and, if convicted, must be returned to the Philippines to receive punishment.8’

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 Recopilucion de

/eyes de ios 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.*7 Then came a system of restrictions, de-

manded 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.

” Zufiiga, Eftudismo, i, p. 246; Le Gent& ii, p. 172. ** Lf2 Gemtil, ii, p. 172.

*’ Mmga, p. 336.

62 THE PHILIPPINE ISLAND!3 [Vol. I

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,** the shipment of Chinese cloths from Mex- ico to Peru was prohibited in 1587. In 1591 came the prohibition of all direct trade between Peru or ather parts of South America and china or the Philippines,*’ 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 $~oo,ooo for the imports from Mexico, to be carried in two ships not to exceed three hundred tons burden.” No Spanish subject was allowed to trade in or with China, and the Chinese trade was restricted to the merchants of that nation.‘1

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, chari- table endowment, .or for use in divine worshi6 was absolutely prohibited.** As these regulations were

BE Morga, &L

8’Memorial &do al Rey #or D. Juan Grau y Monfalcon# Procurada General de ias MU Fili&as. Dots. Inkditos de1 Ar- chive de Indias, vi, p. 444.

O” Recopilacion, lib. ix, tit. xxxv, icy vi and icy ‘xv. AS will be seen there was usually only one ship.

m Z&f., ley xxxiv. ” Z&d., icy lxviii.

1493-15291

evaded, in

tween New so lucrative

HISTORICAL INTRODUCTION 43

1636 all commerce was interdicted be-

Spain and Peru.B3 A commerce naturally 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.@* The assurance of this largess, from the beginnings of the system, discouraged individual industry and enterprise, and retarded the growth of Spanish population.” Le Gentil and Ufiiga give detailed descriptions of the method of conducting this state enterprise @’ after the limits had been raised to $~ao,ooo and $ I ,ooo,ooo 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 boletu 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 uudkncia, one ul- caldej one rega’dor and eight citizens.”

To facilitate the allotment and the sale of tickets

@’ Ibid., ley lxxviii. “Ibid., icy XIV. es Morga, P. 34.4.. ztiiiiga, i, pp. 271-274. “El barco de Aca-

pulco ha sido la causa de que 10s espanoles hayan abandonado las tiquezas naturales e industriales de las Is&.” Ibid., p. 443.

w I& Gentil, ii, pp. 203-230; %%iga, i, p. 266 ff. ” Le Gent& ii, p. 205; Careri, Voyuge Round the World,

ChurctiIl’s Yoyuger, iv, p. 477.


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 doHars.*’ 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.” 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 ven- ture 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 antium to buy them up and who sometimes bought as many as two or three hundred.“’ The comm?nd 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 $~O,ooo to $Ioo,ooo~lo’ This was made up from commissions, part of the passage-money of passengers, from the sale of liis freight tickets, and ftom 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 allthe would make $40,000; that the pilot would clear $2o,mo arid the mates.$9,ooo each.“” The pay of the sailors was three

ssZ&iiga, i, p. 267. ” JA Gentil, ii, p. 205.

‘00 Lc Gentil, ii, p. 207.

lo1 %%iga, i, p, 268. lo* Churchill’s i’oyuges, iv, p. 491. I am aware that grave

doubts as to the reality of &melli Careri’s travels existed in the eighteenth century. Robertson says “ it seems now to be a received opinion (founded as far as I know, on no good evidence) that

1493-15291 I-IIS’I-ORICAL INTRODUC’I’ION 65

hundred and fifty dollars, of which seventy-five dollars w& 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 $I,OOO for the voyage to Acapulco, which was the hardest, and $soo for the return.lPs 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.l”’

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.” lo6

Careri was never out of Italy, and that his famous Giro de2 Mondo is an account of a fictlcious voyage.” Note 150, &tory of A~J&x. The most specific charges against Careri relate to his account of his experiences in China. See P&ost’s Hirtoire des voyuge~, v, pp. 469-70. His description of the Philippines and of the voyage to Acapulco is fidl of details that have every appearance of being the result of personal observation. In fact, I do not see bow it is possible that this part of his book is not authentic. The only book of travels which contains a detailed account of tbe voyage from Manila to Acapulco written before Careri published that is described in Medina’s Bibliograba Espafiola de Filipinas is the Peregri~acion de1 Mundo del Dwtor D. Pedro Cnbero Se- bastian, of which an edition was published in 1682 in Naples, Careri’s own home ; but Careri’s account is no more like Cubero’s than any two descriptions of the same voyage are bound to be ; nor is it clear that Careri ever saw Cuber0 Sebastian’s narrative.

lo* Z$ii@, i, p. 268. Careri mentions the case of a Dominican who paid five hundred dollars for the eastern passage. Op. cit. p. 478 ; on page 423 he says the usual fare for cabin and diet was five hundred to six hundred dollars.

lm Churchill’s Voyages, iv, p. 499. lo5 Op.’ cit. p. 491. Yet Careri had no such experience as befell

Cubero Sebastian in his voyage. When they were ncaring.the end

66 THE PHILIPPINE ISLANDS [VOI. I

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.106

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 $soo,ooo and $~,ooo,ooo respectively.“’ The last nuo, as the Manila-Acapulco galleon was called, sailed from Manila in 181 I, and the final return voyage was made in I 815. After that the commerce fell into private hands, the. annual exports were limited to $750,000 and the ports of San Has (Mexico), Guayaquil (Ecuador), and Callao (Peru) were opened to it.

of the voyage a veiy fatal disease, “ cl berben, o mal de Loanda ” (probabIy the same as beri-beri), broke out, as well as dysentery, from which few escaped who were attacked. two deaths in fifteen days.

There were ninety- Out of four hundred persons on board,

two hundred and eight died before Acapulco was reached. Pere- &ati~n &l Mutado de D. Pedro Cubero Sebastian, Zaragoza, 1688, p.-a68.

loa Careri : Op. cit. p. 503.

WI Montero y Vidal: Hist. Gem. de Filipinas, i, pp. 458, 463. On page 461 is a brief bibliography of the history of Philippine commerce. According to Montero y Vidal, the best modern history of Philippine commerce is La Libertad de cotnercio en h islas Fili+u, by D. Manuel de Azcarraga y Palmero, Madrid, 1874.

1493-w91 HIS’IORICAL INTRODUC’I’ION 67

Other changes were the establishment of direct communication with Spain and trade with Europe by a national vessel in 1766.“’ These expeditions lasted till 1783 and their place was taken in 1785 by

the Royal Philippine Company, organized with a capital of $~,OOO,OOO, and granted the monopoly of the_ trade between Spain and the islands.lW The Manila merchants resented the invasion of their monopoly of the export trade, and embarrassed the, operations of the company as much & they could.“’ It ceased to exist in 1830.

By this system for two centuries the South Amkrican market for mantifactures was reserved *

exclusively for Spain, hut the protection did not prevent Spanish industry from decay and did retard the well-being and progress of South America. qetween Mexico and the Philippines a limited trade was allowed, the profits of which were the perquisites of ihe Spaniards living in the Philippines and contributed to the religious endowments. But this monopoly was of no permanent advantage to the Spanish residents. m It was too much like stock- jobbing, and sapped all spirit of industry. Ztifiiga 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 $~oo,ooo, nor a hundred worth $4o,ooo, the rest either lived on the King’s pay or in poverty,“’ “ Every morning one could see in the streets of Manila, in the greatest poverty and asking alms, the

lo8 Montero y Vidal, ii, p. 122.

‘00 Ibid., ii, p. 297.

no chmyn: Stute of the Phi&tine Islands, pp. 83-97. u1 Estaditmo, i, p. 272.

68 THE PHILIPPINE ISLANDS [Vol. 1

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.” I’* 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,113 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 de-

velopment of Mexico.

“* %iiiga, i, p. 274. Le Gentil remarked that as the Spaniards in Manila had no

landed estates to give them an assured and permanent income, they were dependent upon the Acapulco trade, and had no resources to fall back upon if the galleon were lost. Money left in trust was often lost or embezzled by executors or guardians, and it was rare that wealth was retained three generations in the same family. Yoyuge, ii, pp. I xo-112.

n8 Of ‘the commerce with China it is not necessary to speak at length, as a full account of it is given in Morga. It was entirely in the hands of the Chinese and Mestizos and brought to Manila oriental textiles of all kinds, objects of art, jewelry, metal work and metals, nails, ‘grain, preserves, fruit, pork, fowls, domestic animals, pets, “ and a thousand-,other gewgaws and ornaments of little cost and price which are valued among the Spaniards.” (Morga, p. 339.) Besides the Chinese, that with Japan, Borneo, the Moluccas, Siam, and India was so considerable that in spite of the obstructions upon the commerce with berica, Manila seemed to the traveler Careri (p. w) “ one of the greatest places of trade in the world.”

1 4 9 3 - 1 5 2 9 1 H I S T O R I C A L I N T R O D U C T I O N b

G r a u y M o n f a l c o n i n 1 6 3 7 r e p o r t e d t h a t t h e r e w e r e f o u r t e e n t h o u s a n d p e o p l e e m p l o y e d i n M e x i c o i n m a n u f a c t u r i n g t h e r a w s i l k i m p o r t e d f r o m C h i n k T h i s i n d u s t r y m i g h t b e p r o m o t e d b y t h e r e l a x a t i o n o f t h e r e s t r i c t i o n s o n t r a d e . I t w o u l d a l s o b e f o r t h e a d - v a n t a g e o f t h e I n d i a n s o f P e r u t o b e a b l e t o b u y f o r f i v e p e n c e a y a r d l i n e n f r o m t h e P h i l i p p i n e s , r a t h e r t h a n t o b e c o m p e l l e d t o p u r c h a s e t h a t o f R o u e n a t t e n t i m e s t h e p r i c e . ‘ 1 4 B u t s u c h r e a s o n i n g w a s r c - c e i v e d t h e n a s i t o f t e n i s n o w , a n d n o g r e a t c h a n g e w a s m a d e f o r n e a r l y t w o c e n t u r i e s .

W e h a v e n o w p a s s e d i n r e v i e w t h e p o l i t i c a l , e c c l e s i a s t i c a l , a n d c o m m e r c i a l a d m i n i s t r a t i o n o f t h e P h i l i p p i n e s i n t h e o l d e n t i m e ; a n d a g e n e r a l s u r v e y o f s o m e o f t h e m o r e s t r i k i n g r e s u l t s o f t h e s y s t e m a s a w h o l e m a y n o w b e m a d e . T h i s i s e s p e c i a l l y , n e c e s - s a r y o n a c c o u n t o f t h e t r a d i t i o n a l a n d w i d e I y p r e v a l e n t o p i n i o n t h a t t h e S p a n i s h c o l o n i a l s y s t e m w a s a l w a y s a n d e v e r y w h e r e a s y s t e m o f o p p r e s s i o n a n d e x p l o i t a t i o n ; w h e r e a s , a s a m a t t e r o f f a c t , t h e S p a n i s h s y s t e m , a s a s y s t e m o f l a w s , a l w a y s i m p e d e d t h e e f f e c t u a l e x p l o i t a t i o n o f t h e r e s o u r c e s o f t h e i r c o l o n i e s , a n d w a s f a r m o r e h u m a n e i n i t s t r e a t m e n t o f d e p e n d e n t p e o p l e s t h a n e i t h e r t h e F r e n c h o r E n g l i s l i ’ s y s t e m s .

I f , o n t h e o n e h a n d , t h e e a r l y c o n q u i s t a d o r e a t r e a t e d t h e n a t i v e s w i t h h i d e o u s c r u e l t y , t h e S p a n i s h g o v e r n m e n t l e g i s l a t e d m o r e s y s t e m a t i c a l l y a n d b e n e v o l e n t l y t o p r o t e c t t h e m t h a n a n y o t h e r c o l o n i z - i n g p o w e r . I n t h e t i m e o f t h e f i r s t c o n q u e s t s t h i n g s m o v e d t o o r a p i d l y f o r t h e h o m e g o v e r n m e n t i n t h o s e d a y s o f s l o w c o m m u n i c a t i o n , a n d t h e h o r r o r s o f t h e

I X 4 D o c u m e n t o r I n # d i t o s d e 1 A r c h i v e d e I n d i a s , v , p p . 4 7 5 - 7 7 .

70 &E PHILIPPINE ISLANDS [Vol, I

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.“15 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.“* 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 &though 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

~IIJ It would be vain to guess how many hundred people there are who are familiar with the, denunciations of Las Casas to one who knows anything of the more than six hundred laws defining the status and aiming at the protection of the Indians in the R e c a p i l a c i o n .

m Cf. Jagor: Reisen in den Phiiippinen, p. 31:

V 9 3 - J 5 2 9 1 H I S T O R I C A L I N T R O D U C T J O t i 7 1

w e l l - b e i n g o f t h e P h i l i p p i n e m i s s i o n v i l l a g e r s w a s t o b e e n v i e d . A f e w q u o t a t i o n s f r o m u n i m p e a c h a b l e w i t n e s s e s , t r a v e l e r s o f w i d e k n o w l e d g e o f t h e O r i e n t , m a y b e g i v e n i n i l l u s t r a t i o n a n d p r o o f o f t h i s v i e w . T h e f a m o u s F r e n c h e x p l o r e r o f t h e P a c i f i c , L a P & r o u s e , w h o w a s i n M a n i l a i n 1 7 8 7 , w r o t e : “ T h r e e m i l l i o n p e o p l e i n h a b i t t h e s e c i f f e r e n t i s l a n d s a n d

t h a t o f L u z o n c o n t a i n s n e a r l y a t h i r d o f t h e m . T h e s e p e o p l e s e e m e d t o m e n o w a y i n f e r i o r t o t h o s e o f E u r o p e ; t h e y c u l t i v a t e t h e s o i l w i t h i n t e l l i g e n c e , t h e y a r e c a r p e n t e r s , c a b i n e t - m a k e r s , s m i t h s , j e w e l e r s , w e a v e r s , m a s o n s , e t c . I h a v e g o n e J h r o u g h t h e i r v i l l a g e s a n d I h a v e f o u n d t h e m k i n d , h o s p i t a b l e , a f f a b l e , ” e k 1 1 7

C o m i n g d o w n a g e n e r a t i o n l a t e r t h e E n g l i s h m a n . C r a w f u r d , t h e h i s t o r i a n o f t h e I n d i a n A r c h i p e l a g o ,

w h o l i v e d a t t h e c o u r t o f t h e S u l t a n o f J a v a a s B r i t i s h r e s i d e n t , d r a w s a c o m p a r i s o n b e t w e e n t h e c o n d i t i o n o f t h e P h i l i p p i n e s a n d t h a t o f t h e o t h e r i s l a n d s o f t h e E a s t t h a t d e s e r v e s c a r e f u l r e f l e c t i o n .

“ I t i s r e m a r k a b l e , t h a t t h e I n d i a n a d m i n i s t r a t i o n o f o n e o f t h e w o r s t g o v e r n m e f i t s o f E u r o p e , a n d t h a t i n w h i c h t h e g e n e r a l p r i n c i p l e s o f l e g i s l a t i o n a n d g o o d g o v e r n m e n t a r e l e a s t u n d e r s t o o d , - - - o n e t o o , w h i c h h a s n e v e r b e e n s k i l l f u l l y e x e c u t e d , s h o u l d ,

u p o n t h e w h o l e , h a v e p r o v e d t h e l e a s t i n j u r i o u s t o t h b h a p p i n e s s a n d p r o s p e r i t y o f t h e n a t i v e i n h a b i t a n t s o f t h e c o u n t r y . T h i s ; u n d o u b t e d l y , h a s b e e n t h e c h a r a c t e r o f t h e S p a n i s h c o n n e c t i o n w i t h t h e P h i l i p - p i n e s , w i t h a l l i t s v i c e s , f o l l i e s , a n d i l l i b e r a l i t i e s ; a n d t h e p r e s e n t c o n d i t i o n o f t h e s e i s l a n d s a f f o r d s a n u n q u e s t i o n a b l e p r o o f o f t h e f a c t . A l m o s t e v e r y

w V o y a g e d e L a P i r o u s e a u t o u r d u M o n d e , P a r i s , 1 7 9 7 , i i , p . 3 4 7 s


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, atthe 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 superipr in almost everything to any of the other races. This is a valuable and instructive fact.” “*

This judgment of Crawfurd in 1820 was echoed by Mallat (who was for a time in charge of the principal hospital in Manila), in ~846, 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.‘l’

Sir John Bowring, who was long Governor of Hong Kong, was impressed with dhe absence of caste : “Generally speaking, I found a kind and generous urbanity prevailing,- friendly intercourse where that intercoume had been sought,- the lines of demarcation and separation less marked and im-

“IJ History of the Itadiam Archipelago, etc., by John Crawfurd, lr. R. S. Edinburgh, 18x4 vd ii, pp. 4474.

ll” That I take to be his meaning. His words are: “ Ces institutions (i. e., the local administration) si sages et si paternelles ont valu a l’Espagne la conservation dune colonie dont les habitants jouissent, a notre avis, de plus de liberte, de bonheur et de tranquil- let6 quc ceux d’aucune autre nation.” i, p. 337. Cf. also his final chapter : “ L’idigene des Philippines est I’homme !e plus heureux du monde. Malgri son tribut, il n’est pas d?tre vivant en soci&i qui paye moins d’imp6t que lui. 11 est libre, il est heureux et ne pense nulkment A se soulever.” ii, p. 369.

r493-r5a91 HISTORICAL INTRODUCTION 73

passable 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.” lzo Not less striking in its general bearing than Crawfurd’s verdict is that of the German naturalist Jagor who visited the islands in 18591860. ii 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,

. lzo A Visit to the Philippine Islands, ‘London, 1859, p. 18. Cf. the recent opinion of the English engineer, Frederic H. Sawyer, who lived in Luzon for fourteen years. “ The islands were badly governed by Spain, yet Spaniards and natives lived together in great harmony, and I do not know where I could find a colony in which Europeans mixed as much socially with the natives. Not in Java, where a native of position must dismount to salute the humblest Dutchman. Not in British India, where the English- woman has now made the gulf between British and native into a bottomless pit.” The Znhabitants of the Phili#$ines, New York, 1900. p. 125.


used to poverty and self-denial, their duties led them into iptimate relations with the natives and they were naturally fitted to adapt the foreign religion and morals to practical use. So, too, m later times, when they came to posstzss 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 re- fined 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.” “’ 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 missiona,ry in India, pilgrim to Mecca, and English consul in Manila, give his opinion more than ordinary value..

“To clerical government,” he ,writes ” para- ,doxical 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

I” Reisen in den Phil&&ten, p. 287. ,-


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 Archi- pelago, what would remain but the stubble, but leanness, want, unrest, misery? ” I** ,

The latest witness to the average well-being of the

.

natives under the old system whom I shall quote is IUr. 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?

lsa Cornhill Magazine, 1878, pp. 161, 167. This article is re- printed in Palgrave’s Vlysse?, or Scenes in Puny Lands.

7 6 THE PHILIPPINE ISLANDS [ V o l . I

M o r e t h a n w y t h i n g e l s e i t w a s b e h i n d t h e a g e , y e t i t w a s n o t w i t h o u t i t s g o o d p o i n t s .

“ U n t i l a n i n e p t b u r e a u c r a c y w a s s u b s t i t u t e d f o r t h e o l d p a t e r n a l r u l e , a n d t h e r e v e n u e q u a d r u p l e d b y i n c r e a s e d t a x a t i o n , t h e F i l i p i n o s w e r e - a s h a p p y a c o m m u n i t y a s c o u l d b e f o u n d i n a n y c o l o n y . T h e p o p u l a t i o n g r e a t l y m u l t i p l i e d ; t h e y l i v e d i n c o m p e - t e n c e , i f n o t i n a f I I u e n c e ; c u l t i v a t i o n , w a s e x t e n d e d , a n d t h e e x p o r t s s t e a d i l y i n c r e a s e d . - L e t u s b e j u s t ; w h a t B r i t i s h , F r e n c h , o r D u t c h c o l o n y , p o p u l a t e d b y n a t i v e s c a n c o m p a r e w i t h t h e P h i l i p p i n e s a s t h e y w e r e u n t i l 1 8 9 5 ? ” “ *

T h e s e s t r i k i n g j u d g m e n t s , d e r i v e d f r o m s u c h a v a r i e t y o f s o u r c e s , a r e a s u f f i c i e n t p r o o f t h a t o u r . p o p u l a r i d e a s o f t h e S p a n i s h c o l o n i a l s y s t e m a r e q u i t e a s m u c h i n ‘ n e e d o f r e v i s i o n a s p o p u l a r i d e a s u s u a l l y a r e .

Y e t o n e m u s t n o t f & g e t t h a t t h e S p a n i s h m i s s i o n s y s t e m , h o w e v e r u s e f u l a n d b e n e v o l e n t a s a n a g e n c y i n b r i n g i n g a b a r b a r o u s p ? o p l e w i t h i n t h e p a l e o f C h r i s t i a n c i v i l i z a t i o n , c o u l d n o t b e r e g a r d e d a s p e r - m a n e n t u n l e s s t h i s l i f e i s l o o k e d u p o n s i m p l y a s a p r e p a r a t i o n f o r h e a v e n . A s a n e d u c a t i v e s y s t e m i t h a d i t s b o u n d s a n d l i m i t s ; i t c o u l d t r a i n t o a c e r t a i n p o i n t a n d n o f a r t h e r . T o p r o l o n g i t b e y o n d t h a t s t a g e w o u l d b e t o p r o l o n g c a r e f u l l y n u r t u r e d c h i l d - h m d t o t h e g r a v e , n e v e r a l l o w i n g i t t o b e d i s p l a c e d b y s e l f - r e l i a n t m a n h a 0 . d . T h e l e g a l s t a t u s o f t h e I n d ’ i a n s b e f o r e t h e l a w w a g t h a t o f m i n o r s , a n d n o p r o v i s i o n w a s m a d e f o r t h e i r a r r i v i n g a t t h e i r m a j o r i t y . T h e c l e r g y l o p k e d u p o n t h e s e y r d s o f t h e S t a t e a s t h e s c h o o l - c h i l d r e n o f t h e c h u r c h , a n d

“ ’ The Inhabitants of the Philippines, p p . vi, viii.

1493-J5291 HISTORICAL INTRODUCTION 77

compelled the observance of her ordinances even with the rod. La P&rouse says: “ The only thought was to make Christians and never citizens. This peop& 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.” l” 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.lz5

The prevalence of a supe,rvision and discipline so parental for the mass of the people ‘in the colony could but react upon the ruling class, and La Perouse remarks upon the absence of individual liberty in the

islands : ” No liberty is enjoyed: inquisitors and monks watch the consciences; the oidors (judges of the Audiencia) all private affairs; the governor, the most innocent movements; an excursion to the interior, a conversation come before- his jurisdiction ;

in fine, the most’ beautiful and charming country in

l”.“ 11s tit voir beaucoup d’iklination et d’empres-t mr slier i Pkglise lesjours de F&s et Solemni& ; mais pour o& la Messe les jotirs de preceptes, pour se confesser et communier ksmque la Saintc Eglise Pordonqe, il faut employer le fouet, et les traiter comme des enfans i l’kole.” Quoted by Le Gentil, ii, p. 61;from Friar Juan Francisco de San Antonio’s Ckokz~ de la Atostoha Provincia de San Gregorio, etc., commonly known as the Franciscan Hkwy. It will be remembered that in our own country in the eighteenth century colles discipline was still enforced by corporal punishment ; and that attendance upon church was comp&oxy, where there was an established church, as in New England.

M Yeya~e, ii, p. 62.


the world is certainly the last that a free man Gould choose to live in.” la’

Intellectual apathy, one would naturally suppose, must be the consequence of such sedulous ovefsigl?, and intellectual progress impossible. Progress in

icientific knowledge wai, indeed, yuite effectually blocked.

The French astronomer Le Gentil gives an inter-

esting 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 Spai.n.” .Nothing of electricity was known but the name, and making experimetits in it had been forbidden by the Inquisition. Le Gentil also strongly suspected that the professor of Mathe- matics at the Jesuit College still held to the Ptolemaic system.“’

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 remark- able.“* An examination of J. T. Medina’s monu- mental work I” on printing in Manila and of

~3 Voyuge, ii, p. 350.

lz7 Voyage, ii, pp. 95, 97.

l’s Le Gentil says the lassitude of the body reacts upon the mind. “ In this scorching region one can only vegetate+ Insanity is commonly the result of hard study and excessive application.” Voyage, ii, p. 94.

‘*’ La Zmprenta en ManiIa desde sus origenes hasta 1810, Santiago de Chile, 1896.

r493-15291 HISTORICAL INTRODUCTION 79

Retana’s supplement ‘*’ 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.“’ The monastic presses in the islands naturally were chiefly used for the production of works of religioy 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 Pangasinin languages.“*

’ m Adiciones v Obserwzcionei 2 La ImBrenta en Manila, h&d- drid, 1899. -

*w For representative lists of these, see Blumentritt’s privately printed Bibliotheca Philippina, Theile i and ii.

lsa It is, all things considered, a singular fact that in all that list there is no tranilation of parts of the Bible, except of course the fragmentary paraphrases in the catechism and doctrinals. The only item indicating first-hand Biblical study in the Philip- pines under the old regime that has come to my notice in the bib- liographies of Medina and Retana is this, that Juan de la Con- cepcion the historian left in manuscript a translation of the Holy Bible into Spanish. La Zmprenta en Manila, p. zzr. This failure to translate the Bible into the native languages was not peculiar to Spanish rule in the Philippines. Protestant Holland, far behind Spain in providing for native education, was qually opposed to the circulation of the Bible. “ Even as late as the second or third decade of this century the New Testament was considered

80 THE PHIIJPPINE WANDS [Vol. I

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,188 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.“’ Furthermore, Zufiiga says ,ex- plicitly 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.” I*’ Again, Ztifiiga describes a eulogistic poem of welcome addressed by a Filipino villager to Commodore Alava. This IOU, as this species of corn- ,

position was called, was replete with references to the voyag

7 of Ulysses, the travels of Aristotle, the unfor-

a revolutionary work, and Herr Bruckner, who translated it, had his edition destroyed by Government.” Guillemard, M&y& and the Pacific Arch$clagoes, p. rzg.

la8 Mallat says that the elements were more generally taught than in most of the country districts of Europe (i, p. 386) and quotes the assertion of the Archbishop of Manila: “ There are many villages such as Argas, Dalaguete, Bolohon, Cebu, and several in the province of Iloilo, where not a single boy or girl can be found who cannot read and write, an advantage of which few places in Europe can boast.” Zbid., p* 38%

‘s* Estadismo, i, p. 300. m Estadkmo, i, p. 63.

1493~w91 HISTORICAL INTRODUCTION 81

tunate death of Pliny, and other incidents in ancient history. The a l l u s i o n s i n d i c a t e s o m e k n o w l e d g e a t any rate outside the field of Christian doctrine, even if it was so slight as not to make it s e e m b e y o n d t h e limits of poetic license to have Aristotle drown himself i n c h a g r i n a t n o t b e i n g a b l e t o m e a s u r e t h e 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. Ztifiiga 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

82 THE PHILIPPINE ISLANDS [vC’l* I

Christ, or oiher image or relic, given him by his dying mother, which extricates him f&m his many

plights. He meets lions and bears, and highwaymen attack him ; but f ram 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

f 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.

I. These plays usually lasted three days.la’ 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.‘*’ Yet thk Indians were passionately fond of these performances.*3*

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 entury would serve not unfairly for much of the nin F teenth. 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.13’ His collection did not contain so far as I noticed a single secular historical narrative in Tagal or anything in natural science.

Ia6 Z&iigq i, pp. 73-75 I31 p~~yure, ii, p. 131. . ‘38ZbX, p. 132, and Z%iga, i, p. 76.. A modern work on this

drama is El Teatro tagalo by Vicente Barrantes, LMadrid, 1889. W* Number 877 in Retana’s Biblioteca FilifGa. This novel

was published in Manila in 1885. Friar Bustamente was a Franciscan.

1493-15291 HI&ICAL INTRODUCI’~ON 83

Sufficient familiarity with Spanish to compensate for this lack of books of secular kuowledge was enjoyed by very few Indiaus in the county districts and these had learned it mainly while servants of the curate. It was the common opinion of the Spauish authorities that the Friars purposely neglected in- structing the Indians in Spanish, in order to perpet- uate their hold upon them; but ZZiiiga repels this charge as unjust and untrue.*‘O

It is obvious that it was impracticable for the In- dians 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.141 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

.

I” Estadismo, i, pp. 60-61, Commodore Alava was on his way to make scientific observations of the volcano of TaaI.

Le Gentil writes: ‘I Selon uric Ordonnance du Roi, renouvek peut-kre cent fois, il est ordo& aux Religieux aenscigner 1~ castillan aux jeunes Indiens; mais Sa Majest& m’ont unanimement assurk les Espagnoles A Manille, n-a point encore 6t6 ob& jusqu’a ce jour.” Voyage, ii, p. 184. Cf. Ziiga. Estadimo, i, pp. 299- 3m.

Fan some of these ordinances see Retana’s notes to ZMga, ii, P. 57 ff.

I” Cf. Retana’s views expressed ten years ago upon the im- practicability of supplanting to any extent the Tagal language by the Spanish. The same considerations apply equally well to English. &tudirmo, ii, p. 59 ff.

.

& THE PHILIPPINE ISLiNDS [Vol. I

or the laiger 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 Ian- guages, 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, aqd of a truly missionary devotion.

We have now surveyed in its general aspects the old rbgime 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 thig survey certain things stand out in contrast to p conventional judgment of the Spanish colonial system. The conquest was humane, and w a s effected by missionaries more than by warriors. The sway of Spam was benevolent, although the administration was not free from the taint of financial cormption. Neither the islands nor their inhabitants were exploited. The colony in fact .was a constant .charge upon the !reasury 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 bene- fits of Christian civilization, as it was understood in Spain in th& days of that religious revival which we call the Catholic Reaction. This Christianity imposed the faith and the observances of the medkval

1493-15291 HIS’IWWAL INTRODUCI’ION $5

church, but it did for the Philippine islanders who received it just what it did for the l?ranlcs 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 Ianded estates of the orders. Church fees may have been at times excessive, but the occasions for such fees were infrequent. The tenants of the churches- tates found the friars easy landlords. Ztifiiga describes a great estate of the Augustinians near Manila of which the anntral rental was not over $1,5oo, while the annual produce was estimated to be not less than $70,000, for it supported about four thousand people.“* 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 etiorts to eradi- cate its disguised forms. These alone are a sufFkient proof that the dominating motives in the Spanish and clerical policies were humane and not commercial. Not less striking proof of the comfortable pr?sperity of the natives on the whole under the old Spanish rule has ken the steady growth of the population. At the time of the conquest the population in. all

U’ Estadismo, i, pp. 12-13.

86 THE PHILIPPINE ISLANDS [Vd I

probability did ,not exceed a half-million. In the fi.rst half of the eighteenth century according to the

historian of the Franciscans, San Antonio, the Chris- tian population was about 830400. At the opening of the nineteenth century Ztiiiiga estimated the total at a million and a half as over 3oo,ooo tributes were paid. The official estima:e in 1819 was just short of @o,ooo; by 1845 Buzeta calculates the number at a little short of four millions. In the next half century it nearly doubled.“*

In view of all these facts one must readily accord assdnt to Zufiiga’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 mou

tl! tain regions who do not acknowledge subjection

to e 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 ad- vantageous 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 &e soul, for I write not as a missionary but as a philosopher.” “’

lW RW’S ZS~u, ii, p. 527. I44 J!Wz&~fno, i p. 174 I mt take leave of Ztiiiiga’s book

without recording my opinion that it is the finest flower of the Philippine literature. ZGiiga did for the island of Luzon what Arthur Young did for France a few years earlier, or to take an apter parallel, what President Dwight did for New England. His careful obrvations, relieved of tedium by a rare &arm of

‘493-15291 HISTQRICAL INTRODUCTION 87

The old regime in the Philippines has disappeared

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

EDWARD GAYLORD BOURNE

YALE UNIVERSITY, October, 1go2.

style, his sweetness of temper, quiet humor, his love of nature and of man all combine to make his “ Tratis ” a work that would be accorded a conspicuous place in the literature of any country. An English translation will appear in the present series,

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 De- marcation 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 c&eru) 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 Chris- tian prince. The second (Eximie dewotionis, 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 c&feruJ, 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

!P THE PHILIPPINE ISLANDS lVo1. I

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 riihts 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 de-. ,terminatjon of this boundary. The final action of the Holy See in this matter is indicated by.a Bull of Leo X (&zceZ~, 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 Cirlos I to hit ambassadors at Lisbon, Febrwry 4 and December 18, I 523 ;

and the treaty of Vitoria, February 19, 1524), the

Junta of Badajoz is convened (April I r-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 Cirlos I to the Spanish deputies.) This settlement proving ineffectual, the Moluccas are relinquished to Portugal by the treaty of Zaragoza (April 22,

1 4 9 3 ~ 1 5 2 9 1 ‘PREFACE 9r

1 5 2 9 ) , S p a i n r e t a i n i n g p o s s e s s i o n o f t h e P h i l i p p i n e 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 Vl (ExK~, No- vember 16, 1501) which authorizes the Spanish monarchs to levy tithes on the natives and inhabitants of their newly-acquired possessions in the western world; and proceed to a summary of the life and voyages of Fernao de Magalhges (commonly known as Magellan) . Synopses are given of many documents ,published by Navarrete, dated from I 5 18 to I 527: a contrict by Magalhaes and Falero to deliver to the House of Commerce of Seville one-eighth of all gains accruing to them from their future discoveries; a petition from the same men to Carlos I regarding the expedition which they are about to undertake; remonstrances against the undertaking, by the Portu- guese ambassador in Spain, Magalhses’s request for more money; various appointments in the fleet; re- striction of the number of seamen; instructions to Magalhaes; a royal order that Ruy Falero shall not accompany the expedition ; Magalhses’s last will ;

the expense account of the fleet; an attempted mutiny on one of the ships; Francisco Albo’ journal of Ma- galhges’s voyage ; description of the cargo brought back to* Spain by the ” Victoria;” investigation of Magalhses’s death ; treaties with the natives of the

Moluccas; advice given to the emperor by Diego de Barbosa; Brito’s account of Magalhaes’s voyage; and the confiscation of two of his ships by the Portuguese.

This resume is followed by various supplementary documents. A royal mandate (March 22, 1518)

9 2 T H E P H I L I P P I N E ‘ I S L A N D S [ V o l . I

a u t h o r i z e s F a l e r o a n d M a g a l h g e s t o u n d e r t a k e t h e i r e x p e d i t i o n o f d i s c o v e r y . A l e t t e r f r o m C i r l o s t o K i n g M a n u e l o f P o r t u g a l ( F e b r u a r y 2 8 , 1 5 1 9 ) a s s u r e s h i m t h a t n o t h i n g i n t h i s e n t e r p r i s e i s i n t e n d e d t o i n - f r i n g e u p o n P o r t u g u e s e r i g h t s . A d o c u m e n t w r i t t e n ( A p r i l 6 , 1 5 1 9 ) t o J u a n d e C a r t i g e n a , a p p o i n t e d i n - s p e c t o r - g e n e r a l o f M a g a l h g e s ’ s f l e e t , g i v e s d e t a i l e d i n s t r u c t i o n s a s t o h i s d u t i e s i n t h a t o f f i c e , e s p e c i a l l y i n r e g a r d t o t h e e q u i p m e n t o f t h e f l e e t , i t s t r a d i n g o p e r a t i o n s i n t h e O r i e n t , t h e r o y a l s h a r e o f p r o f i t s t o b e d e r i v e d t h e r e f r o m , a n d t h e c u r r e n t a c c o u n t s o f t h e e n t e r p r i s e ; h e i s a l s o c h a r g e d w i t h t h e n e c e s s a r y a r r a n g e m e n t s f o r t h e c o l o n i z a t i o n o f l a n d s t o b e d i s - *

c o v e r e d , a n d c o m m a n d e d t o f u r n i s h t o t h e K i n g i n - f o r m a t i o n a s t o t h e t r e a t m e n t o f t h e n a t i v e s b y t h e i r S p a n i s h c o n q u e r o r s , a n d t h e g e n e r a l c o n d u c t o f t h e o f f i c e r s o f t h e e x p e d i t i o n , e t c . T h e f l e e t i s o r d e r e d

A p r i l 1 9 , 1 5 1 0 ) t o p r o c e e d . d i r e c t l y t o t h e S p i c e I s l a n d s , a n d a l l p e r s o n s b e l o n g i n g t o i t a r e e x h o r t e d

t o o b e y M a g a l h g e s . A l e t t e r ( ~ 5 2 2 ) t o t h e K i n g o f S p a i n g i v e s i n f o r m a t i o n a b o u t M a g a l h g e s ’ s d e a t h , o b t a i n e d f r o m s o m e S p a n i s h s h i p - b o y s w h o h a d f o u n d t h e i r w a y t o t h e P o r t u g u e s e p o s t s i n I n d i a . T h e e a r l i e s t p u b l i s h e d a c c o u n t o f t h i s n o t e d e x p e d i - t i o n i s t h e l e t t e r w r i t t e n ( O c t o b e r 2 4 , 1 5 2 2 ) t o M a t - t h z u s L a n g , a r c h b i s h o p o f S a l z b u r g , b y a n a t u r a l s o n o f h i s n a m e d M a x i m i l i a n T r a n s y l v a n u s ( t h e n a s t u d e n t a t V a l l a d o l i d ) , r e l a t i n g t h e e v e n t s o f M a - g a l l a n e s ’ s v o y a g e t o t h e M o l u c c a s ( 1 5 1 9 - 2 1 ) , h i s d e a t h a t t h e h a n d s o f h o s t i l e n a t i v e s , a n d t h e f u r t h e r e x p e r i e n c e s o f h i s f o l l o w e r s i n t h e P h i l i p p i n e a r c h i - p e l a g o a n d o n t h e i r h o m e w a r d v o y a g e . T h e s m a l l r e m n a n t o f t h i s e x p e d i t i o n - t h e s h i p “ V i c t o r i a , ” a n d e i g h t e e n m e n - r e a c h S p a i n o n S e p t e m b e r 6 ,

1493-15~91 PREFACE 93

1522, the first persons thus completing the circumnavigation of the globe.

.

At this point should appear in the present series the relation of Magalh2es’s voyage written by An- tonio 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 ade- quately presented to the world. The Editors of the present series, desiring to supply this deficiency, purpose to publish an exact transcription from Figafet- ta’s original manuscript, with accompanying English

translation. They have not, however, been able to secure it in time for Volume II, where it should ap- ’

pear; it will accordingly be presented to their readers at a later period in this work.

THE EDIIDRS

D O C U M E N T S R E G A R D I N G , T H E L I N E O F

D E M A R C A T I O N - r 4 9 3 - 1 5 2 9

P a p a l b u l l s : 1 n r e ~ c a t e w (May 3 ) , E&r& (May 3 ) , I n t e r c ~ ~ t e t - u ( M a y 4 ) , E x t e w i o r r d e l u c o n - c e s i o n ( S e p t e m b e r 2 5 ) - 1 4 9 3 .

T r e a t y o f T o r d e s i l l a s - J u n e 7 , 1 4 9 4 . [ N o t e o n c o r r e s p o n d e n c e o f J a i m e F e r r e r - 1 4 9 3 -

9 5 . 1 C o m p a c t b e t w e e n t h e C a t h o l i c S o v e r e i g n s a n d the

K i n g o f P o r t u g a l - A p r i l 1 5 , 1 4 9 5 . Papal bull, P m c e h - November 3, 1 5 1 4 . I n s t r u c t i o n s f r o m t h e K i n g o f S p a i n t o h i s a m b a s -

s a d o r s - F e b r u a r y 4, I 523. Letter from Cklos I to Juan de Ztifiiga - December

18, 1523. Treaty of Vitoria - February 1 9 , 1 5 2 4 . J u n t a o f B a d a j o z : e x t r a c t f r o m t h e r e c o r d s ( A p r i l

1 4 - M a y 1 3 ) , o p i n i o n s o f c o s m o g r a p h e r s ( A p r i l I 3 - I 5 ) , l e t t e r s t o t h e S p a n i s h d e l e g a t e s ( M a r c h 2 I ,

April I O ) - 1524. Treaty of Zaragoza - April 22, 1529.

S O U R C E S : S e e B i b l i o g r a p h i c a l D a t a a t e n d o f t h i s v o l u n T R A N S L A T I O N S : T h e P a p a l B u l l s a r e t r a n s l a t e d b y R e v .

T h o m a s C o o k e M i d d l e t o n , D . D . , O . & A . ; t h e T r e a t y o f Z a r a g o z a , b y J o & M . A s e n s i o ; t h e r e m a i n i n g d o c u m e n t s o f t h i s g r o u p a r e c o m p i l e d , t r a n s l a t e d , a n d a r r a n g e d b y J a m e s A . R o b e & o n .

.

PAPAL BULLS OF 1493

INTER CETERA - 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 t h e 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, recog-

.nizing that as true Catholic kings and prince 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 tahe, 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 thig eaintly 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 beioved son Christophq 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 siiled; 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. The&n dwell very many peoples living in pea=, md, as reported, going unclothed, nor users of flesh meat. Moreover, as your aforesaid envop

J493-w91 PAPAL BULLS, 1493 99

are of opinion, these very peoples l.iving 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 alre!dy had put together and built a fortress I” 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 eihort you very earnestly in the Lord and insist

.

strictly - both through your reception of holy bap-

l* Referring to the fort built by CoIumbus (December, 1492) at JLa Navidad, a port on the northern coast of Hispaniola (Hayti). Upon the admiral’s return, a year later, he found that the garrison whom he had left in this fort had been destroyed by hostile Ihdians.


tism, 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 lo&y acharacter 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

1 4 9 3 ~ w 9 1 P A P A L B U L L S , 1 4 9 3 1 0 1

j u r i s d i c t i o n o f e v e r y k i n d , w i t h t h i s p r o v i s o - h o w e v e r , t h a t b y t h i s g i f t , g r a n t , a s s i g n m e n t , a n d i n v e s t i t u r e o f o u r s n o r i g h t c o n f e r r e d o n a n y C h r i s t i a n p r i n c e i s h e r e b y t o b e u n d e r s t o o d a s w i t h d r a w n o r t o b e w i t h - d r a w n . M o r e o v e r w e c o m m a n d y o u i n v i r t u e o f h o l y o b e d i e n c e , t h a t , e m p l o y i n g a l l d u e d i l i g e n c e i n t h e p r e m i s e s , a s y o u p r o m i s e - n o r d o w e d o u b t y o u r c o m p l i a n c e t h e r e w i t h t o t h e b e s t o f y o u r l o y a l t y a n d r o y a l g r e a t n e s s o f s p i r i t - y o u s e n d t o t h e a f o r e - s a i d c o u n t r i e s a n d i s l a n d s w o r t h y , G o d - f e a r i n g , l e a r n e d , s k i l l e d , a n d e x p e r i e n c e d . m e n i n o r d e r t o i n s t r u c t t h e a f o r e s a i d i n h a b i t a n t s a n d d w e l l e r s t h e r e i n i n t h e C a t h o l i c f a i t h , a n d t r a i n t h e m i n g o o d m o r a l s . B e s i d e s , u n d e r p e n a l t y o f e x c o m m u n i c a t i o n l u t e s e n t e & ‘ e t o b e i n c u r r e d i p s o f u c t o , ‘ * * s h o u l d a n y - o n e t h u s c o n t r a v e n e , w e s t r i c t l y f o r b i d a l l p e r s o n s o f n o m a t t e r w h a t r a n k , e s t a t e , d e g r e e , o r d e r , o r c o n d i - t i o n , t o d a r e , w i t h o u t y o u r s p e c i a l p e r m i t o r t h a t o f y o u r a f o r e s a i d h e i r s a n d s u c c e s s o r s , t o g o f o r t h e s a k e o f t r a d e o r a n y o t h e r p u r p o s e w h a t e v e r t o t h e s a i d i s l a n d s a n d c o u n t r i e s d i s c o v e r e d a n d f o u n d b y y o u r e n v o y s o r p e r s o n s s e n t t h i t h e r . A n d i n a s m u c h a s s o m e k i n g s o f P o r t u g a l , b y s i m i l a r a p o s t o l i c g r a n t m a d e t o t h e m , d i s c o v e r e d a n d t o o k p o s s e s s i o n . o f i s l a n d s i n t h e w a t e r s o f A f r i c a , G u i n e a , a n d t h e G o l d M i n e , “ ’ a s w e l l a s e l s e w h e r e , f o r w h i c h r e a s o n d i v e r s p r i v i l e g e s , f a v o r s , l i b e r t i e s , i m m u n i t i e s , e x e m p t i o n s , a n d i n d u l t s w e r e g r a n t e d t o t h e m b y t h i s a p o s t o l i c s e e , w e t h r o u g h s i m i l a r a c c o r d , a u t h o r i t y , k n o w l e d g e ,

‘ * T h a t i s , b y s o m e a c t s o c l e a r o r m a n i f e s t t h a t n o f o r m a l s e n - t c n c c o f e x c o m m u n i c a t i o n i s r q u i s i t e ,

“ ’ T h e G o l d C o a s t o f A f r i c a , n a m e d b y i t s P o r t u g u e s e d i s - c o v e r e r s ( a b o u t 1 4 7 1 ) O r e d e l a M i n a ( t h i s i s t h e M i n e r e , 4 1 1 r - i o f o u r t e x t ) .


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 a

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+ if they had been inserted word for word in these i r e s e n ts. 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 happinkss 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.

1493-15291 PAPAL BULLS, 1493 ro3

Let no one, therefore, infringe, or with rash boldness contravene this OUI exhortation, requisition, gift, grant, assignment, investiture, deed, constitution, ,

deputation, mandate, inhibition, indult, exemption, enlargement, will, and decree. Should any one pre-

sume 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 incar-

nation 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

EXIIWA2 - MAY 3

Alexander, etc., to the illustrious sovereigns, our very dear son in Christ Ferdinand, King, and our very dear daughter in Christ Elizabeth [Isabellaj, 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 exalta-

tion 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 ~~11 as fulness of our apostolic power, we have given, granted, and assigned forever, as appears more fully

[Vol. I 104 THE PHILIPPINE 1SLANDS

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 OGean 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 pass ssion of Christian owners.

k

Bur inasmuch as by this postolic see have been granted divers privileges, favors, liberties, immunities, exemptions, faculties,Jetters, and indults to some kings of Portu- gal, 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 our 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 acd to be discovered hereafter, you may freely an+ legally, as is proper, use, employ, andaenjoy 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

1 4 9 3 - 1 5 2 9 1 P A P A L B U L L S , 1493 1%

that have been granted to the kings of Portugal, the terms whereof we wish to be understood as suffi-

c i e n t l y e x p r e s s e d a n d i n s e r t e d , t h e s a m e a s i f t h e y had been inserted word for word ,in these presents. M o r e o v e r w e e x t e n d s i m i l a r l y a n d e n l a r g e t h e s e 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, g r a n t , w i l l , a n d d e c r e e . S h o u l d a n y o n e , e t c . G i v e n at Rome at St. Peter’s, in the year, etc., one thou&d 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.

9

I N T E R C E T E R A - M A Y 4

A l e x a n d e r , etc., to the illustrious sovereigns, our very dear son in Christ, Ferdinan!, King, and our ver$ dear daughter in Christ, Helisabeth [I&bel!a],

106 THE PHILIPPINE ISLANDS [Vol- 1

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, thi.s 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 overt+rown 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 Chris- tian 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 Re- deemer and the profession of the Catholic faith the

1493-1529 PAPAL BULIS, 1493 107

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 diiigence, 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 Chris- tians, 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, esp,ecially of the rise and spread of the Catholic faith, as was the fashion of

-your ancestors, kings of renowped 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 com- men&ion in the Lord of this your saintly grid 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 baptisti, 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 t h o s e 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

1 4 9 3 - J 5 2 9 1 I ’ A P A L B U L L S , 1 4 9 3 r o 9

a s h a s b e e n , e n t r u s t e d t o y o u b y t h e g r a c i o u s n e s s o f o u r a p o s t o l i c f a v o r , b y t e n o r o f t h e s e p r e s e n t s s h o u l d a n y o f s a i d i s l a n d s h a v e b e e n f o u n d b y y o u r , e n v o y s a n d c a p t a i n s , w e d o g i v e , g r a n t , a n d a s s i g n t o y o u a n d y o u r h e i r s a n d s u c c e s s o r s , k i n g s o f C a s t i l e a n d L e o n , f o r e v e r , t o g e t h e r w i t h a l l t h e i r d o m i n i o n s , c i t i e s , c a m p s , p l a c e s , a n d t o w n s , a s w e l l a s a l l r i g h t s , j u r i s - d i c t i o n s , a n d a p p u r t e n a n c e s , a l l i s l a n d s a n d m a i n - l a n d s f o u n d a n d t o b e f o u n d , d i s c o v e r e d a n d t o b e d i s c o v e r e d t o w a r d s t h e w e s t a n d s o u t h , b y d r a w i n g a n d e s t a b l i s h i n g a l i n e f r o m t h e A r c t i c p o l e , n a m e l y t h e n o r t h , t o t h e A n t a r c t i c p o l e , n a m e l y t h e s o u t h , n o m a t t e r w h e t h e r t h e s a i d m a i n l a n d s a n d i s l a n d s a r e f o u n d a n d t o b e f o u n d i n . t h e d i r e c t i o n a o f I n d i a o r t o w a r d s a n y o t h e r q u a r t e r , t h e s a i d l i n e t o t h e w e s t a n d s o u t h t o b e d i s t a n t o n e h u n d r e d l e a g u e s f r o m

a n y o f t h e i s l a n d s c o m m o n l y k n o w n a s t h e & Z O Y ~ S a n d C & o V e r d e , W i t h t h i s p r o v i s o h o w e v e r t h a t n o n e o f t h e i s l a n d s a n d m a i n l a n d ; f o u n d a n d t o b e f o u n d , d i s c o v e r e d a n d t o b e d i s c o v e r e d b e y o n d t h a t s a i d l i n e t o w a r d s t h e w e s t a n d s o u t h , b e i n t h e a c t u a l p o s s e s s i o n o f a n y C h r i s t i a n k i n g o r p r i n c e u p t o t h e b i r t h d a y o f o u r L o r d J e s u s C h r i s t j u s t p a s t i n t h e p r e s e n t y e a r o n e t h o u s a n d f o u r h u n d r e d a n d n i n e t y - t h r e e . M o r e o v e r w e m a k e , a p p o i n t a n d d e p u t e y o u a n d y o u r s a i d h e i r s a n d s u c c e s s o r s o w n e r s o f t h e m w i t h f u l l a n d f r e e p o w e r , a u t h o r i t y , a n d j u r i s d i c t i o n o f e v e r y k i n d ; w i t h t h i s p r o v i s o h o w e v e r t h a t

t h r o u g h t h i s g i f t , g r a n t , a n d a s s i g n m e n t o f o u r s n o r i g h t c o n f e r r e d o n a n y C h r i s t i a n p r i n c e , w h o m a y b e i n a c t u a l p o s s e s s i o n o f s a i d i s l a n d s a n d m a i n l a n d s u p t o t h e s a i d b i r t h d a y o f o u r L o r d J e s u s C h r i s t , i s h e r e b y t o b e c o n s i d e r e d a s w i t h d r a w n o r t o b e w i t h d r a w n . M o r e o v e r w e c o m m a n d y o u i n v i r t u e


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 Ioyalty 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 &e RW- W& to be incurred ipso facto, should any one thus contrGene, 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 main; lands found and to be found, discovered and to be discovered, towards t.he 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 C&o 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

.

1493-J5291 PAPAL BULLS, 1493 III

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 recommenda- tion, 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 - SEPTEMBEB 25

Alexander, Bishop, servant of the servants of God, to the illustrious sovereign!, 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

112 THE PHILIPPINE ISLANDS

and south, that were not under the actual rule of any Christian owner. Moreover,

therewith you and your aforesaid heirs

.

[Vol. I

temporal investing and suc-

cessors, 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 tl-rzlr-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 xecognized 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 iour right

1493-15291 PAPAL BULLS, 1493 1x3

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 Mae JMHAU~, 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. Notwith-

standing any apostolic constitutions and ordinances or whatsoever g&s, grants, powers, and assignments of the aforesaiI¶ 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 thougii, 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. Where- fore should any such gifts or grants have been made, considering the terms of our preseQt decree to have been sufficiently expressed and inserted, we through similar p.ccord, 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 contrtiry. Given at Rome at St. Peter’s, on the twenty-fifth day of Sep- tember 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 r e p r e - sentdtives 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 Dofla Isabel, by the grace of God, King and Queen of Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia, Mallor- cas, Sevilla, Cerdefia, Cordova, Corsega, Mursia, 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

116 THE PHILIPPINE ISLANDS [Vol. I .

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 brothel, concerning what lands, of a11 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, Dorr Guterre de Cardenas, deputy-in-chief of Leon “’ and our auditor-in-chief; atid doctor Rodrlgo Maldonado, all members of our council, are persons who will guard .our interests, and that you will perfor? 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,“’ and as, is requisite in such cases, in order that yoke may, for us an& in our name and in those of our heirs and successors, our kingdoms and seigniories,160 and the subjects and natives of them, confer cbncerning, con- elude, 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, deinarcation, 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,

If* Our text. reads ” commissario mayor ; ” Navarrete reads “ Comendador mayor.”

M Our text reads “ vos damos todo nuestro poder conplido en aquella mas abta forma que pdemos ;” Navarrete reads “ vos damosnuestro poder cumplido en aquella manera I! forma clue podemos.”

160 In Navarrete the words “ & subcessores & de toclos nuestros reynos & sefiorios” are omitted

and land,“’ 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.“’ And further,

we delegate tm you the said power so that in our nami, and in those of our heirs and successors, and

of our kingdoms and seigniories, and the subiects 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 &thin 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 anti the successors to the same, witi such limitations and exceptions,‘” and with all other

*u Our text reads “ qualqujer con+to, asiento, limjtGon, demarcat$on, 8~ concordia sobre lo que dicho es, por los vientos & @ados de norte 81 del sol, 81 par aquellas partes divivisioncs [sic] & lugares de1 caelo & de la mar & de la tierra ;” Navarrete reads “ cualquier concierto 6 limitation de1 mar O&no, 6 concordia sobre lo que dicho es, p6r 10s vientos y mdos de Norte y Sur, y por aquellas par&s, divisioncs y lugares de seco y mar y de la tierra”

Ias Our text reads “ & asi vos damoa el dicho poder pera que po- days dexar al dicho Rey de Portugal & a sua reynos & subcesores todos los mares, y&s, 8~ tieras que fueren & estovieren dentro de qua!- qujer limitaciofi & demarcation, que con cl fincaren 81 quedaren ;” Navirrete reads the same (witi allowances for modem typ+ graphi) up to ‘#demarcation,” and then adds “de costas, mares, islas y tierras que fincaren y quedaren.”

*m Our text reads “ que 03dos 10s mares, yslas & tie- que fueren & csxwjeren dentrode la ljmjtation &I d&on de a~- tas, mares & yslas & tierras, que quedaren & fincaren con nos, & con nuestros subqesores, para que scan nuestms, & de m~~tro se~~orio & conqujsta, b asi ,de nuestros reynos & sumrea delloa.

1x8 T H E P H I L I P P I N E I S L A N D S [ V o l . I

clauses and declarations that you deem best. [Fur- thermore we delegate the said powers] S O that y o u 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 scigui- ories, and the subjects and natives of the same, whatever covenants, contracts, and instruments of writing, with whatever bonds, decrees, forms, con.ditions, obligations, requiremdts, penalties, submissions, and re- nunciations 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 mintion should be made fully, and which we, in our own proper persons9 could enact, authorize, and approve. Furthermore, we authorize you fully, to <swear, and y o u 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,

con a q u e l l a s l i m j t a & n c s & e w b c i o n e s f ’ N a v a r r e t e r e a d s “ q u e t u b s l a s m a r e s , i & s J t i e r r a s q u e f u e r e u 6 e s t u v i e r e n d e n t r o c l limite y d c m a r c a c i ~ n d e l a s c o s t a s , m a r e s y i s l e s y t i e r r a s q u e q u e d a r e n p a r N o s J p o r n u c s t r o s s u b c c w r e s , y d e n u e s t r u S e i I o r i o g c o n q u i s t a , s c a n d e n u c s t r o ~ R & O S y s u ~ r c s d e e l h s , W I a q u e l l a s l i m i t a c i o n c s J e x c n c i o n c ~ . ”

1493-15291 TREATY O F T O R D E S I L L L ~ S 1 1 9

duplicity, dissembling, or pretense. And in this man-

ner, you shall, in our name, covenant, asseverate, and promise that we, in our o w n p e r s o n , s h a l l a s s e v e r a t e , swear, promise, authorize, and affirm all that y o u , 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 I64 concluded and ratified between ourselves and the said most serene King, our brother, and under all othei 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 every- t h i n g ! c o n c e r n i n g a l l t h e a f o r e s a i d e n a c t e d , c o v e - nanted, 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

s h a l l v i o l a t e t h i s c o m p a c t , o r a n y p a r t o f i t , b y a n y a c t of o u r own, or our agents, either directly or indi- rectly, 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.

*H 0~ text r e a d s “ contrato d e l a s p a w s ; ” N a v a r r e t e r e a d s “ c o n t r a t o d e l a s p a r t - . ”


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 folloy. 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 let& of authority and powers of’ attorney, we pro- claim: that inasmuch as certain islands were discovered and found by command of the most exalted, excellent, and powerful Princes, King Don Fertiando and Queen Dofia 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, Rtiy de Sosa, Seignior of Usagres Is6 and Berenguel, and Don Juan de Sosa,

‘W Navarrete read? “ sses ”

1493-15291 TREATY OF TORDESILLAS 121

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 JM ~oZ~&n~” in any manner whatsoever, if the others be prevented, as our ambassadors and representatives; and we do this in the most definitive form “’ 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 WC 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, c&- cltide, and ratify, and contract and detefmine with ihe said King and Queen of Castilla, our brother and si$ter, 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 “* 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 :]

“’ Our text reads “ JZ comtituymos a todos juntamente & a doa de vos, & a uno yn soljdun ;” Navarrete reads “y constituimos a todos juntamente y A cada uno de vos b solidurn.”

16’ See p. I 16 and note 149.

lb8 See p. I 17, and nbte I 5 I, where the language is almost identical.

.

.

,

122 THE PHILIPPINE ISLANDS (Vol. 1

Thereupon it was declared by the above-mentioned

representatives of the aforesaid King and Queen ot Castilla, Leon, Aragon, Se@lia, Granada, etc.; and of the aforesaid King of Portugal and the Aigarbes, eG : That, whereas a certain controversy exists be-

tween the sai.d 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 High- nesses, 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 I” shall be drawn straight, as aforesaid, at a dis-

tance 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

UJ* Our text reads “ la qua1 raya olinea se aya ;” Navarrete reads “ la cual reya o limo 4 sefial se haya.”

1493-‘529J TREATY OF TORDESILLAS 123

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.

Yter8 [Item] : I’” the $aid 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

NW This paragraph reads differently in Navarrete, but its sense is the same.


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 pos- ’

session 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.

Yren: 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

. 1493-15291 TREXTY OF 3tmmsILLAS 125

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,“’ 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 iourse 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 de-. grees 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 &he 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 afore-

“’ Our text reads “ grades de1 sol e norte ;” Navarrete reads ” pdos de Sur y Norte.”


said, 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.

Yretr: 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

1493-1529J TREATY OF TORDFSILLAS 1 2 7

region by the said King of Portugal; and should their said ships f i n d a n y t h i n g before crossing the said line, as aforesaid, it shall belong to the said King of Portu- gal, and their Highnesses shall order it surrendered immediately. And since it is possible that the ships a n d 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 Portu- gal and the Algarbes, and of h;s successors and king- d o m s , p r o v i d e d t h a t t h e y l i e w i t h i n t h e f i r s t t w o hundred and fifty leagues of the said three hundred a n d s e v e n t y l e a g u e s 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 dis- c o v e r e d u p t o t h e s a i d t w e n t y 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 Portu- gal, the Algarbes, etc., as aforesaid.1oz

And if, up to the said twentieth day of this eaid 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

I@* Navarrete IS very~faulty in this se&on. He omits entirely the following: “ & por sus gentes, 0 in. otra qualqujer manera dentro de las otras ciento y veynte leguas, que quedan para cunpli- mjento de ias trezientas & setenta leguas, en que ha de acabar la dicha raya que se ha de faser de polo a polo, como dicho ea, en qualqujer parte de las dichas ciento 8~ veyte [&] leguas para 10s dichos Robs, que scan alladas fasta el dicho dia, queden, & finquen . para los dichos sefiorti Rey & Reyna de Casti%, & de Aragon, etc., &,” This omission quite obscures the sense.

.

&493+291 TREATY OF TORLWXLLAS 129

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.le3 The ‘commissioners bind themselves under the foregoing oaths and penalties that, ” within the one hundred days immedi-

ately 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.]

loa This confirmation was given by P6pe Julius II in a bull pro- mulgated January 24, 1506. see dlgutzs documentos# pp. 142-143;

and Bqurne’s Essays in Historical Criticism, p. 203.

NOTE ON CORRESPONDENCE OF J’AIME 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 tram the Cardinal Despanya, Archibshop of Toledo, Don Pedro de dendoza, Barcelona, August 26, I+C)J; 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 &ound in Navarrete, CoZl. de viugex, tomo ii, edition

1825, pp. 97-110; edition 1858, pp. II I-I 17, part of num. lxviii; and a translation of all but the first in Dawson’s Lines of Demurcution (printed in T~u~s!u- tions of the Royal Society of Canada, 1899-1900, sec- Ond SerkS, vol. v, sec. ii, pp. y$1-$+4.,-- ah30 printed

separately). Navarrete states that these documents. were printed in Barcelona in 1545, in a now rare

book compiled by Ferrer under the title Skztencia~ cathcjlicas de1 Divi poeta Dant. In the first letter, signed “ El Cardenal,” Fetrer’s presence is requested

in Barcelona; he is to take with him his mappamundo and all his cosmographical instruments. J

COMPACT BETWEEN THE CATHOLIC SOVEREIGNS AND THE KING OF

PORTUGAL, REGARDING THE DE-

MARCATION AND DIVISION OF THE OCEAN SEA

Don Fernando and Dofia 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 Antarctrc 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

‘32 THE PHILIPPINE ISLANDS Vol. I

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 ma’inland 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 ihe said astrologers, pilots, sailors, and others determmed 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 t.he Kingdom of Portugal. During the whole month of July frrst 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 vvhatever 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

b y t h e s a i d K i n g , o u r b r o t h e r . A n d i f a f t e r t h e s a i d a s t r o l o g e r s , p i l o t s , a n d s a i l o r s , a p p o i n t e d a s

a b o v e s a i d , s h a l l h a v e a r r i v e d a t a c o n c l u s i o n , e a c h o n e o f t h e s a i d p a r t i e s g o i n g t o t h a t p a r t o f t h e s a i d s e a , a c c o r d i n g t o t h e p e r m i s s i o n o f t h e s a i d t r e a t y , a n d t h e r e b y o b s e r v i n g t h e c o n t e n t s o f s a i d t r e a t y , a n y i s l a n d o r m a i n l a n d s h a l l b e f o u n d h e r e a f t e r , w h i c h e i t h e r o f t h e p a r t i e s c o n s i d e r t o b e s o s i t u a t e d t h a t t h e s a i d l i n e c a n b e d e t e r m i n e d i n a c c o r d a n c e w i t h t h e s t i p u l a t i o n s o f t h e s a i d t r e a t y , a n d t h e o n e p a r t y s h a l l c a u s e n o t i f i c a t i o n t o b e g i v e n t h e o t h e r p a r t y t h a t t h e y s h a l l c a u s e t h e l i n e a b o v e s a i d t o b e m a r k e d o u t , w e a n d t h e s a i d K i n g , o u r b r o t h e r , s h a l l b e o b l i g e d t o

. h a v e t h e s a i d l i n e d e t e r m i n e d a n d m a r k e d o u t , i n a c - c o r d a n c e w i t h t h e m e t h o d d e t e r m i n e d u p o n b y t h e a s t r o l o g e r s , p i l o t s , a n d s a i l o r s , a n d o t h e r s a b o v e - s a i ’ d , a n d a p p o i n t e d a s a b o v e s a i d , w i t h i n t h e p e r i o d o f t h e f i r s t t e n m o n t h s r e c k o n e d f r o m t h e d a t e t h a t e i t h e r o f t h e p a r t i e s n o t i f i e d t h e o t h e r . A n d s h o u l d i t $ r o v e t h a t t h e l a n d t h u s f o u n d i s n o t c u t b y t h e s a i d l i n e , a d e c l a r a t i o n o f i t s d i s t a n c e f r o m t h e s a i d l i n e s h a l l b e g i v e n , b o t h o n o u r o w n p a r t a n d t h a t o f t h e s a i d m o s t s e r e n e K i n g , o u r b r o t h e r . T h e y s h a l l n o t , h o w e v e r , n e g l e c t t o m a k e t h e s a i d d e c l a r a t i o n r e - , g a r d i n g a n y i s l a n d o r m a i n l a n d w h i c h s h a l l b e f o u n d a f t e r w a r d s , d u t i n g t h e p e r i o d , n e a r e r t h e s a i d

l i n e . A n d i n d o i n g t h e a f b r e s a i d , t h e y s h a l l n o t n e g - l e c t t o o b s e r v e t h e m a n n e r a f o r e s a i d , w h e n e v e r a n y

i s l a n d o r m a i n l a n d i s f o u n d i n t h e n e i g h b o r h o o d o f t h e s a i d l i n e a s a f o r e s a i d , a n d u p t o t h e s a i d t i m e o f t h e s a i d t e n m o n t h s a f t e r t h e n o t i f i c a t i o n o f o n e p a r t y b y t h e o t h e r , a s a f o r e s a i d . I t i s o u r p l e a s u r e i n t h i s o u r l e t t e r t o p o s t p o n e - a n d d e f e r t h e d e p a r t u r e o f t h e s a i d c a r a v e l s a n d p e r s o n s , n o t w i t h s t a n d i n g t h e l i m i t

1 3 4 THE PHILIPPINE ISlANDS [Vol. 1

set a n d d e t e r m i n e d i n t h e a b o v e - m e n t i o n e d t r e a t y m r e g a r d t o i t . A n d w e t h e r e f o r e a r e p l e a s e d a n d c o n s i d e r i t a d v a n t a g e o u s - f o r t h e b e t t e r n o t i f i c a - t i o n a n d d e c l a r a t i o n o f t h e d i v i s i o n o f t h e s a i d s e a m a d e b y t h e s a i d t r e a t y b e t w e e n o u r s e l v e s a n d t h e s a i d K i n g , o u r b r o t h e r ; a n d i n o r d e r t h a t b o t h o u r s u b j e c t s a n d n a t i v e s a n d t h e s u b j e c t s a n d n a t i v e s o f t h e s a i d K i n g o u r b r o t h e r m a y b e b e t t e r i n f o r m e d h e n c e f o r t h a s t o t h e r e g i o n s w h e r e i n t h e y m a y n a v i - g a t e a n d d i s c o v e r , - t o o r d e r ( a s i n t r u t h w e s h a l l o r d e r ) , u n d e r s e v e r e p e n a l t i e s , t h a t t h e l i n e o f t h e s a i d d i v i s i o n b e p l a c e d o n a l l h y d r o g r a p h i c a l m a p s m a d e h e r e a f t e r i n o u r k i n g d o m s a n d s e i g n i o r i e s b y t h o s e j o u r n e y i n g i n t h e s a i d O c e a n S e a . T h i s l i n e s h a l l b e d r a w n s t r a i g h t f r o m t h e s a i d A r c t i c t o t h e s a i d A n t - a r c t i c p o l e , n o r t h a n d s o u t h , a t t h e d i s t a n c e o f t h e s a i d t h r e e h u n d r e d a n d s e v e n t y l e a g u e s w e s t o f t h e C a b o V e r d e i s l a n d s , a s a f o r e s a i d , b e i n g m e a s u r e d a s d e t e r m i n e d u n a n i m o u s l y b y t h e s a i d a s t r o l o g e r s , p i l o t s , a n d s a i l o r s m e e t i n g a s a b o v e s a i d . A n d w e p u r p o s e a n d s t i p u l a t e t h a t n e i t h e r t h i s p r e s e n t l e t t e r n o r a n y t h i n g c o n t a i n e d h e r e i n , b e p r e j u d i c i a l i n a n y m a n n e r t o t h e c o n t e n t s a n d c o m p a c t s o f t h e s a i d t r e a t y , b u t r a t h e r t h a t t h e y , a l l a n d s i n g u l a r , b e o b - s e r v e d t h r o u g h o u t i n f o t o w i t h o u t a n y f a i l u r e , a n d i n t h e m a n n e r a n d e n t i r e t y s e t f o r t h i n t h e s a i d t r e a t y ; i n a s m u c h a s w e h a v e c a u s e d t h e p r e s e n t l e t t e r t o b e m a d e i n t h i s m a n n e r , s i m p l y i n o r d e r t h a t t h e s a i d a s t r o l o g e r s a n d p e r s o n s s h a l l a s s e m b l e a n d , w i t h i n t h e s a i d t i m e , s h a l l d e t e r m i n e t h e o r d e r o f p r o c e d u r e a n d t h e m e t h o d t o b e o b s e m e d i n m a k i n g t h e s a i d l i n e o f d e m a r c a t i o n , a n d i n o r d e r t o p o s t - p o n e a n d d e f e r t h e d e p a r t u r e o f t h e s a i d c a r a v e l s a n d p e r s o n s , u n t i l t h e s a t i I s l a n d o r m a i n l a n d ,

1 4 9 3 - 1 5 2 9 1 C O M P A C T O F 1 4 9 5 1 3 5

w h i t h e r t h e y m u s t g o , i s k n o w n to have been found in each one of the said parts, and in order to com- m a n d t h a t t h e l i n e o f t h e s a i d d i v i s i o n b e p l a c e d o n the said hydrographical maps,- all of which is set f o r t h m o s t f u l l y i n t h e a b o v e . W e p r o m i s e a n d a s - s e v e r a t e o n o u r k i n g l y 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 a b o v e , w e c a u s e t h i s o u r l e t t e r t o b e g i v e n , s i g n e d w i t h o u r n a m e s , a n d s e a l e d w i t h our leaden seal hanging from threads of colored silk.

[Dated at Madrid, April 15, I + ~ s . “ ’ S i g n a t u r e s o f t h e K i n g a n d Q u e e n , a n d t h e R o y a l S e c r e t a r y . ]

1 8 ’ A n o t h e r d i s p a t c h u f l i k e t e n o r w a s i s s u e d i n M a d r i d o n M a y 7 o f t h e s a m e y e a r . - N A V A R R B T E .

BULL, P&ZCEL&%, OF LEO X

NOVEMBER 3, 1514

[This bull, called Precefse 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, DUWZ diversus, 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 conckdes also plenary indulgence for their sins to all taking part in the expeditions against the Moors, or aiding the expeditions with gif ts.le6 Its date is June 18, 1452. The second bull is dated January 8, 1454, and is called-

Romanus Ponfifex. In it Nicholas ” aiter reviewing with praise the zeal of Prince Henry in making dis-

coveries 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

“‘The original of this bull is in Terre do Tombo, Lisbon, bearing pressmark cupies pp.

“ Cal. de &Alas, maqo 29, no. 6.” It oc- 276-2753 of Corpo diplomatico Porturuez. The

synopsis frorx which the above is translated is in Alguns docu- mentor, p. 14, but the date as there given is wrong, “ Quart0 Decimo Kalendae Julii,” being June 18 and not 17, See also Bourne,,Esxays in Historical Criticism, pp. 194, 195.

~493-~5~91 PAPAL BULL, PR&CELWE 1 3 7

G u i n e a a n d ‘ u l t r a v e r s u s i l l a m m e r i d i o n a l e m p l a g a m ’ a s a p e r p e t u a l p o s s e s s i o n . ” I S a T h e t h i r d b u l l , t h e E W W ~ R e g i J o f J u n e 2 1 , 1 4 8 1 , c o n f i r m s t h a t o f N i c h o l a s V . I t “ g r a n t e d t o t h e P o r t u g u e s e O r d e r o f J e s u s C h r i s t w s p i r i t u a l j u r i s d i c i i o n i n a 1 1 l a n d s a c q u i r e d f r o m C a p e B o j a d o r ’ a d I n d o s . ’ ”

T h i s b u l l a l s o c o n t a i n e d a n d s a n c t i o n e d t h e t r e a t y o f 1 4 8 0 b e t w e e n S p a i n a n d P o r t u g a l , b y w h i c h t h e e x c l u s i v e r i g h t o f n a v i g a t i n g a n d Q f m a k i n g d i s c o v -

e r i e s a l o n g t h e c o a s t o f , A f r i c a , w i t h t h e p o s s e s s i o n o f , a l l t h e k n o w n i s l a n d s o f t h e A t l a n t i c e x c e p t t h e C a n a r i e s , w a s s o l e m n l y c o n c e d e d t o P o r t u g a L l e T A f t e r t h u s r e c i t i n g t h e s e b u l l s ( “ o f o u r o w n a c c o r d . . . a p p r o v e , r e n e w , a n d c o n f i r m t h e a f o r e s a i d

i n s t r u m e n t s ” l e E ) P o p e L e o e x t e n d s a n d a m p l i f i e s t h e m i n t h e f o l l o w i n g w o r d s : J

A n d f o r a d d e d a s s u r a n c e , w e d o b y v i < t u e o f t h e a u t h o r i t y a n d t e n o r o f t h e a b o v e i n s t r u m e n t s , c o n - c e d e a n e w , [ t o t h e K i n g o f P o r t u g a l ] e v e r y t h i n g , a l l a n d s i n g u l a r , c o n t a i n e d i n t h e a f o r e s a i d i n s t r u m e n t s ,

‘ N J S e e Bourne, zd H@-u, p. 195, tram whiih this synopsis is taken. The original of this bull exists in Torre do Tombo, its pressmark beinT “ Coil. de Bullas, maqo TO, no. 29.“. It occupies pp. 279-286 .,A >urpo d i p l o m a t i c o P o r t u g u e z , and is printed also in A l g u n s d a c w n e r J S , pp. 1 4 - 2 0 .

* * O * This military order was founded (August 1 4 , 13x8) by the Portuguese king Dionisio ; its knights served against the Moors, also in Africa and India. Pope Calixtus III invested its grand prior with the spiritual powers conferred on a bishop. In 1522, JOZO III became grand-master of the order; and in 1 5 5 1 this dignity passed to the crown in fierpetuo. In 1789, this order had four hundred and thirty-four commanderies, and twenty-six villages and estates. It is now only a civil and honorary order.

*W See Bourne u t s u $ m , p. 195 The original is in Torre do T o t h b o , b e a r i n g p r e s s m a r k “ Coll. de Bullas, mace 2 9 , no. 6 . In- serta.” This bull occupies pp. 286-296 of L!c+o d i p l o m a t i c 0 P o r t u g u e z . I t is printed also in A l g u n s d o c u m e n t o s , pp. 47-55.

“‘see corpo d i p l o m a t i c o P o r t u g u e z , p. 296.


as well as all other empires, kingdoms, principali- [ties, 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, re- covered, found, discovered, and acquired from the above-mentioned infidels by the said King Em- manuel and his predecessors, or to be hereafter re- covered, acquired, found and discovered, by the said King Emmanuel and his successors-both from Capes Bogiador and Naon 16@ to the Indies and any district whatsoever, wherever situated, even al-

though at present unknown to us. And likewise we do extend and amplify the instruments above-mentioned and everything, all and singula’r 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 pre- suming to lend assistance, -counsel, or favor to the

a infidels. [The Archbishop of Lisboa and the Bishops of Guarda and Funchal are ordered to see that the provisions of this bull are observed.“‘]

l~e Cape Noon (Naon, Non, Nun) is situated near the south- west extremity of the coast of Morocco ; Cape Bojador (Bogiador) projects into the Atlantic at a point two degrees thirty-eight min- utes farther south than Noon.

“‘see cor@o di#lomatico Portupex, p. 297, and Alguns docu- mentw, p. 366

I N S T R U C T I O N S F R O M T H E K I N G O F S P A I N T O H I S A M B A S S A D O R S I N T H E

N E G O T I A T I O N S W I T H P O R T U G A L

[ I n this d o c u m e n t , w r i t t e n i n V a l l a d o t i d , , F e b r u a r y 4 , 1 5 2 3 , and signed by the king and the chancellor a n d c o u n t e r s i g n e d 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, a n d seems still right and proper; since by this course we declare in effect our purpose and wish to full3 in wo toward the said most serene King, the treaty c o n - cerning the division and demarcation of the seas, negotiated between .the Catholic sovereigns - my lords and grandparents - and King Don Juan of Portugal. I order you, likewise, to ascertain briefly what regions lie within the right of our conquest, and where are the limits of our demarcation, and those of the said most serene King of Portugal. And you shall ascertain in what manner restitution of whatever I may have appropriated of his possessions, with the profit accruing therefrom, may be made to the said most serene King, the latter making to our Royal crown .the same restitution of .whatever he may have


appropriated, with all profits and revenues arising therefrom.

That we believe the reason for the refusal of the said most serene King to accept the expedients proposed, and for his recent reply to us, transmitted through you, the said notary-in-chief Barroso, was due to his not being informed thoroughly in regard ’

to the said expedients, and of our past and present intention and wish to fulfil strictly in every point the said treaty; and to preserve and augment, by fair dealing on our part, our relations with, and love toward, the said most serene King. For these reasons we beseech him earnestly that he have the said expedients examined; that he treat and confer concerning them, singly and collectively; and that he inform us of whatever in them, singly or collectively, seems wrong or prejudicial to his rights - in order that we, through our great affection for him and our desire for its increase, may have his objections examined and discussed before our royal person by the members of our Council. This done we shall order what is unjust to be remedied, and the said most serene King, shall, in no wise, receive any hurt, in what by right pertains to him.

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

In case that you are unable to prevail upon the said most serene King to reexamine the said expedients, and if he declares that he has seen them already, and that he has informed us, through you, the said notary-in-chief Barroso, of his dissatisfac-

.

1 4 9 3 - 1 5 2 9 1 I N S T R U C T I O N S T O A M B A S S A D O R S

t i o n r e g a r d i n g t h e m , - a l t h o u g h w i t h o u t

r 4 r

s t a t i n g i n d e t a i l h i s c a u s e s f o r d i s s a t i s f a c t i o n - a n d t h a t h e p r o p o s e d n o w t h a t w e e a c h s e n d t w o c a r a v e l s t o d e t e r m i n e t h e s a i d d e m a r c a t i o n , i n t h e m e a n t i m e n e i t h e r h i m s e l f n o r m y s e l f d e s p a t c h i n g o u r f l e e t s t o M a l u c o , y o u s h a l l r e p l y i n t h i s m a n n e r : t h a t w h a t - e v e r p e r t a i n s t o t h e s e n d i n g o f t h e s a i d c a r a v e l s t o d e t e r m i n e t h e s a i d d e m a r c a t i o n i s i n p e r f e c t a c c o r d w i t h o u r d e s i r e s , a n d w e a r e q u i t e w e l l s a t i s f i e d w i t h t h e p r o p o s a l , s i n c e s u c h a p r o c e d u r e i s i n k e e p i n g w i t h t h e s a i d t r e a t y , w h i c h w i l l i n t h i s m a n n e r , b e f u l f i l l e d s o f a r a s w e a r e c o n c e r n e d . A n d y o u s h a l l

c o n f e r b r i e f l y w i t h h i m a n d w i t h t h o s e h e s h a l l a p p o i n t c o n c e r n i n g t h e m e t h o d o f p r o c e d u r e - t h e

t o n s b u r d e n s o f t h e s a i d c a r a v e l s ; t h e a s t r o l o g e r s , c o s m o g r a p h e r s , n o t a r i e s , p i l o t s , a n d o t h e r s w h o s h a l l e m b a r k i n e a c h v e s s e l ; i n w h a t m a n n e r t h e y s h a l l b e a r m e d ; a n d f o r w h a t t i m e v i c t u a l e d a n d p r o v i s i o n e d . Y o u s h a l l s t i p u l a t e t h a t a c e r t a i n n u m b e r o f o u r s u b - j e c t s s h a l l e m b a r k i n h i s c a r a v e l s , a n d a l i k e n u m b e r o f h i s s u b j e c t s i n o u r s , w h o s h a l l a l l b e d e s i g n a t e d b y n a m e , i n o r d e r t h a t t h e d e t e r m i n a t i o n a n d m e a s u r e -

m e n t s m i g h t p r o c e e d w i t h m o r e f a i r n e s s a n d j u s t i c e . A l s o a l l d o c u m e n t s , b o t h m e a s u r e m e n t s a n d p r o o f s , m a d e f o r t h e v e r i f i c a t i o n o f t h e a b o v e , s h a l l b e m a d e i n p r e s e n c e o f t h e n o t a r i e s s e n t i n t h e s a i d c a r a v e l s b y e a c h o f u s . T h e y s h a l l b e m a d e b e f o r e t h o s e n o t a r i e s

i n s u c h m a n n e r t h a t o n e n o t a r y s h a l l b e p r e s e n t a l w a y s f o r e a c h o n e o f u s , a n d t w o o t h e r s s h a l l s i g n t h e s a i d d o c u m e n t s , w h i c h w i t h o u t s u c h s i g n a t u r e s s h a l l b e i n v a l i d . A n d y o u s h a l l c o n f e r u p o n a l l o t h e r d e s i r a b l e t o p i c s , i n o r d e r t h a t t h e v o y a g e b e f a i r t o U S b o t h , a n d t h e d e m a r c a t i o n b e m a d e i n a c c o r d a n c e t o t h e s a i d t r e a t y , a n d t h a t t h o s e s a i l i n g i n t h e s a i d


c a r a v e l s h a v e d e s i r e o n l y t o . z s c e r t a i n a n d d e c l a r e t h e t r u t h . B e f o r e c a n c l u d i n g a n y t h i n g d i s c u s s e d a n d t r e a t e d b y y o u , y o u s h a l l f i r s t a d v i s e u s . B u t a s

r e g a r d s s a y i n g t h a t , d u r i n g t h e t i m e t a k e n i n f i x i n g u p o n t h e s a i d d e m a r c a t i o n , n e i t h e r o f u s s h a l l s e n d h i s

f l e e t s t o t h e M a l u c o I s l a n d s , y o u s h a i l r e p l y t o t h e s a i d m o s t s e r e n e K i n g t h a t , a s h e m a y s e e c l e a r l y , i t i s n e i t h e r j u s t n o r r e a s o n a b l e t o a s k t h i s o f m e , f o r t h e a g r e e m e n t a n d t r e a t y n e i t h e r p r o h i b i t s n o r f o r b i d s o f i t , a n d t o d o t h i s w o u l d b e t o t h e d e t r i m e n t o f m y r i g h t f u l a n d c i v i l p o s s e s s i o n i n t h e s a i d M a l u c o I s l a n d s , a n d i n t h e o t h e r i s l a n d s a n d m a i n l a n d s w h i c h w i l l b e d i s c o v e r e d b y m y f l e e t s d u r i n g t h i s t i m e o f f i x i n g u p o n t h e s a i d d e m a r c a t i o n . H e i s a w a r e t h a t I a m r e c e i v e d a n d o b e y e d a s k i n g a n d l o r d o f t h o s e

M a l u c o I s l a n d s , a n d t h a t t h o s e w h o , u n t i l t h e p r e s e n t , h e l d p o s s e s s i o n o f t h e s e r e g i o n s , h a v e r e n d e r e d m e . o b e d i e n c e a s k i n g a n d r i g h t f u l s e i g n i o r , a n d h a v e b e e n , i n m y n a m e , a p p o i n t e d a s m y g o v e r n o r s a n d l i e u t e n a n t s o v e r t h e s a i d r e g i o n s . H e k n o w s , t o o ,

t h a t m y s u b j e c t s , w i t h m u c h o f t h e m e r c h a n d i s e c a r r i e d b y m y f l e e t , a r e a t t h e p r e s e n t t i m e i n t h e s e r e g i o n s . F o r t h e s e r e a s o n s i t i s n o t r e a s o n a b l e t o a s k i h a t I d i s c o n t i n u e m y p o s s e s s i o n o f t h e s e d i s t r i c t s d u r i n g t h e t i m e o f d e t e r m i n i n g t h e d e m a r c a t i o n , e s p e c i a l l y s i n c e t h e s a i d m o s t s e r e n e K i n g h a s n e v e r h e l d p o s s e s s i o n , p a s t o r p r e s e n t , o f a n ? o f t h e s a i d M a l u c o I s l a n d s , o r o f a n y o t h e r s d i s c o v e r e d b y m e u p t o t h e p r e s e n t ; n o r h a s h i s f l e e t t o u c h e d a t o r a n c h o r e d t h e r e i n .

Y o u s h a l l s a y t o h i m t h a t , i n a s m u c h a s I h a v e n o t a s k e d t h a t h e d i s c o n t i n u e t o h o l d h i s p o s s e s s i o n s i n M a l a c a a n d o t h e r r e g i o n s d i s c o v e r e d b y h i m , a l - b o u g h I h a v e b e e n a s s u r e d o n m a n y d i f f e r e n t o c c a -

1493-1529J I N S T R U C T I O N S T O A M B A S S A D O R S 1 4 3

a i o n s b y m a n y d i f f e r e n t p e r s o n s o f l e a r n i n g a n d j u d g m e n t - a , n u m b e r o f w h o m a r e n a t i v e s o f t h e

K i n g d o m o f P o r t u g a l - t h a t t h e s e r e g i o n s p e r t a i n t o m e a n d t o m y c r o w n , b e i n g , a s t h e s e m e n d e c l a r e , w i t h i n t h e l i m i t s o f o u r d e m a r c a t i o n , h e w i l l r e c o g - n i z e q u i t e f u l l y t h e i n j u s t i c e o f a s k i n g m e t o d i s c o n - t i n u e s e n d i n g m y f l e e t s t o M a l u c o a n d o t h e r r e g i o n s w h e r e I a m i n c i v i l a n d r i g h t f u l p o s s e s s i o n , a n d a m o b e y e d a n d r e g a r d e d a s l e g i t i m a t e s e i g n i o r , a s a f o r e s a i d .

S h o u l d t h e s a i d m o s t s e r e n e K i n g p r o p o s e t o y o u t h a t i t w o u l d b e a f a i r e x p e d i e n t t o u s b o t h t h a t , d u r i n g t h e t i m e o f d e t e r m i n i n g t h e d e m a r c a t i o n , s i n c e w e c l a i m t h a t M a l a c a a n d m a n y o t h e r i s l a n d s w h e r e h e c a r r i e s o n t r a d e l i e w i t h i n t h e l i m i t s o t o u r d e m a r c a t i o n a n d p e r t a i n t o u s , h e w i l l d e s i s t f r o m d e s p a t c h i n g h i s v e s s e l s a n d f l e e t s t o t h o s e r e g i o n s , p r o v i d e d t h a t I d o t h e s a m e a s r e g a r d s w h a t e v e r o f t h e M a l u c o a n d o t h e r i s l a n d s d i s c o v e r e d b y m e i n t h o s e r e g i o n s , a n d c l a i m e d b y h i m a s l y i n g w i t h i n h i s d e m a r c a t i o n ; o r s h o u l d h e p r o p o s e a n y o t h e r e x p e - d i e n t o r i n n o v a t i o n n o t i n t h i s p r e s e n t w r i t i n g j y o u s h a l l m a k e a n s w e r t h a t s u c h e x p e d i e n t i s n e w , a n d t h a t w e h a v e n o k n o w l e d g e o f i t . O n t h i s a c c o u n t y o u s h a l l r e q u e s t t h a t h e a l l o w y o u t o c o n s u l t w i t h u s . A f t e r t h i s d i s c u s s i o n y o u s h a l l a d v i s e m e o f t h e m a t t e r .

[ T h e i n s t r u c t i o n s c o n c l u d e b y u r g i n g t h e a m b a s s a - d o r s t o p r o c e e d p r u d e n t l y , a n d t o i m p r e s s t h e P o r t u - g u e s e m o n a r c h w i t h t h e a f f e c t i o n f e l t t o w a r d h i m b y C k l o s , a n d t h e l a t t e r ’ s d e s i r e f o r i t s c o n t i n u a n c e .

T h e a m b a s s a d o r s a r e t o a c t , i n c o m p l e t e h a r m o n y w i t h o n e a n o t h e r , a n d t o c a r r y o n n e g o t i a t i o n s j o i n t l y a t a l l t i m e s , o n e n e v e r p r e s u m i n g t o a c t w i t h o u t t h e

‘ 4 4 THE PHILIPPINE ISLANDS [Vol. 1

o t h e r ’ s f u l l k n o w l e d g e . E x a c t r e p o r t s m u s t b e s u b - m i t t e d b y t h e m , i n o r d e r t h a t t h e i r k i n g m a y g i v e d e f i n i t e i n s t r u c t i o n s . ]

LETTER OF CARLOS I OF SPAIN TO

JUAN DE ZUNIGA - 1523

The King: Juan de Zufiiga, knight of the order of Santiago,“’ 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 IJS, 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 con-

“’ One of the great military orders of Spain, named for its patron St. James, and founded to protect his shrine at Corn- postella from incursions by the Moors. It received papal sanction in I 175 ; in 1476 Ferdinand of CasGle became its grand master; thus uniting the order to the crown of Spain,

146 THE PHILIPPINE ISLANDS pM c

elusion. By them I write to the said most serene King as you will observe in the copy of the letter ‘enclosed herein.“‘. 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 q.uestions upon which they were to mediate for their sovereign. I did this immediately, appointing f.or this purpose certain members of my Council whom I, considered the best informed for thai 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 authgrized by the Catholic King and Queen, my grandparents, and by King Don Manuel, his [King Jogo 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 be- sought me to give them a hearing, I did so, the above-

W* The letter here mentioned (see Navarrete’s COL de thges, iv, p. 312) expresses Grlos’s regret that his negotiations with the Portuguese ambassadors regarding the ownership of the Malucos have been fruitless, and his desire that the difficulties should be amicably adjusted ; he refers JOZ.O to ZGiga for fulk details.

1493-15291 LETTER FROM KING OF SPAIN 147

named and others of my Council, whom I had summoned for that purpose, being present.

The result of.their proposiGon 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.lf’

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 tnat 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 confer- ences were in good faith, both because of ,the prom- inence of those engaged in them, and because of the relationship between them, they declared that they had no wi.sh to profit by any other right or allegation, but only to petition that. the cootents of the said treaty be kept to the letter.

Certain meinbers of our Council, being informed of the matter made answer tha.t my wish and intention had ever been! and still was, to observe the said

*” Navarrete omits this section, It will be found in the Treaty of Tordesillas.


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, w,hich 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 mynamei 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 Malnco had been found and occupied first, as must be admitted, by our ships - a fact well known everywhere, as we believe you are

J 4 9 3 - J 5 2 9 1 L E T T E R F R O M K I N G O F S P A I N 149

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 s u r p r i s e , s i n c e t h e f a c t w a s s o w e l l known that no one could pretend ignorance of it.

And, in proof thereof ( t o c o n t i n u e t h e a b o v e ) , o u r 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 . h a d b e e n l i k e w i s e k n o w n a n d 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 fol the purpose of vexing. and annoying us at this time, seeing our necessities and our so just employment against the tyrants of Christendom,1’3 than for t h e 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 uninter- r u p t e d p o s s e s s i o n o f it unti1 now; and the contrary .

n o t being proved legally, our intention in the past

“‘I T h e S p a n i s h m o n a r c h w a s a t t h i s t i m e e n g a g e d i n h i s q u a r r e l s w i t h F r a n c o i s I o f F r a n c e .

‘ 5 0 T H E P H I L I P P I N E I S L A N D S [ V o i . I

a n d p r e s e n t i s i n f e r r e d a n d b a s e d u p o n t h i s p o s s e s s i o n . F r o m t h e a b o v e i t f o l l o w s p l a i n l y t h a t , i n a s m u c h

a s w e f o u n d a n d t o o k p o s s e s s i o n o f M a l u c o , a n d h o l d a n d p o s s e s s i t a t p r e s e n t , a s i s q u i t e e v i d e n t t h a t w e d o h o l d a n d p o s s e s s i t , i f t h e s a i d m o s t s e r e n e K i n g o f P o r t u g a l , o u r b r o t h e r , c l a i m s i t , a s b e i n g o f h i s c o n q u e s t a n d d e m a r c a t i o n , h e m u s t p e t i t i o n u s f o r i t , a n d h i s r e p r e s e n t a t i o n s p r o v i n g c o r r e c t , h e m u s t a c - c e p t i t f r o m u s . H e r e i n i s t h e s a i d t r e a t y o b e y e d t o t h e l e t t e r , a s t h e s a i d a m b a s s a d o r s p e t i t i o n , a n d o b - s e r v e d w i t h t h e g o o d f a i t h a l l e g e d b y t h e m .

A n d i n c a s e a n y t h i n g h a s b e e n o b t a i n e d i n M a l u c o , o r a n y i n f o r m a t i o n h a s b e e n a c q u i r e d c o n c e r n i n g M a l u c o , o r a n y P o r t u g u e s e h a s g o n e t h i t h e r , o r i s t h e r e n o w , f o r t h e p u r p o s e o f t r a d e o r b a r t e r , o r f o r a n y o t h e r c a u s e - n o n e o f w h i c h a r e k n o w n o r b e - l i e v e d t o b e s o - - i t d o e s n o t f o l l o w n o r c a n i t b e a s - s e r t e d t h a t M a l u c o w a s f o u n d b y s h i p s o f t h e K i n g o f P o r t u g a l , a s i s r e q u i r e d b y t h e s a i d t r e a t y , a n d t h e r e f o r e t h e f o r e g o i n g b e i n g , i n f a c t , o u t s i d e t h e t e r m s o f t h e t r e a t y , w e a r e o u t s i d e o f i t s j u r i s d i c t i o n a n d o b l i g a t i o n

F u r t h e r m o r e i t w a s d e c l a r e d i n o u r b e h a l f , t h a t , a l t h o u g h M a l u c o h a d b e e n d i s c o v e r e d b y s h i p s o f t h e K i n g o f P o r t u g a l - a t h i n g b y n o m e a n s e v i d e n t - i t c o u l d n o t , o n t h i s a c c o u n t , b e m a d e t o a p p e a r e v i d e n t , o r b e s a i d t h a t M a l u c o h a d b e e n f o u n d b y h i m . N e i t h e r w a s t h e p r i o r i t y o f t i m e , o n w h i c h h e b a s e d h i s c l a i m s , p r o v e d , n o r t h a t i t w a s d i s c o v e r e d b y h i s s h i p s ; f o r i t w a s e v i d e n t , t h a t t o f i n d r e q u i r e d p o s s e s s i o n , a n d , t h a t w h i c h w a s n o t t a k e n o r p o s - s e s s e d c o u l d n o t b e s a i d t o b e f o u n d , a l t h o u g h s e e n o r d i s c o v e r e d .

L e a v i n g o u t o f c o n s i d e r a t i o n t h e d e c i s i o n o f t h e

1493-15291 LETTER FROM KlNG OF SPAIN 151

iaw, even the general opinion which. was on my side and which comprehends and binds by virtue of common sense those who recognike 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 ub cm-u 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 Ma- hco 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 demarca-

152 THE PHILIPPINE ISLANDS [Vd. I

tion 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 cvcr 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

wu-W9~- LEXTEX FROM KING OF SPAIN 1 5 3

s a i d t r e a t y , w e w e r e n o t b o u n d b y t h e t r e a t y , n o r i n a n y o t h e r m a n n e r t o l e a v e o u r r i g h t u n e x a m i n e d , n o r w a s i t e i t h e r r e a s o n a b l e o r p r o p e r t o r e s t o r e i m m e - d i a t e l y i n o r d e r t o h a v e t o p e t i t i o n l a t e r , t h u s m a k i n g o u r s e l v e s , c o n t r a r y t o a l l i d e a s o f e q u i t y a n d g o o d f a i t h , o r i g i n a l c r i m i n a l , p r o s e c u t o r , o r p l a i n t i f f ; e s p e c i a l l y a s i t w o u l d b e i m p o s s i b l e o r v e r y d i f f i c u l t t o r e c o v e r w h a t w e s h o u l d r e s t o r e . F o r t h i s v e r y r e a s o n e v e n t h e r e s t i t u t i o n o f w h a t w a s w e l l k n o w n t o b e s t o l e n w a s d e f e r r e d b y l a w , u n t i l t h e c a s e o f o w n e r s h i p w a s d e c i d e d .

F u r t h e r m o r e t h e r i g h t o f o u r o w n e r s h i p a n d p o s - s e s s i o n w a s e v i d e n t b e c a u s e o f o u r j u s t o c c u p a t i o n . A t l e a s t i t c o u l d n o t b e d e n i e d t h a t w e h a d b a s e d o u r i n t e n t i o n o n c o m m o n l a w , a c c o r d i n g t o w h i c h n e w l y - f o u n d i s l a n d s a n d m a i n l a n d s , b e l o n g e d t o a n d r e - m a i n h i s w h o o c c u p i e d a n d t o o k p o s s e s s i o n o f t h e m f i r s t , e s p e c i a l l y i f t a k e n p o s s e s s i o n o f u n d e r t h e a p o s t o l i c a u t h o r i t y , t o w h i c h - o r a c c o r d i n g t o t h e o p i n i o n o f o t h e r s , t o t h e E m p e r o r - i t i s o n l y c o n - c e d e d t o g i v e t h i s p o w e r . S i n c e w e , t h e s a i d a u t h o r - i t i e s , p o s s e s s e d t h e s e l a n d s m o r e c o m p l e t e l y t h a n a n y o t h e r , a n d s i n c e t h e f a c t o f o u r o c c u p a t i o n a n d p a s - s e s s i o n w a s q u i t e e v i d e n t , i t f o l l o w e c c l e a r l y a n d c o n - c l u s i v e l y t h a t w e o u g h t t o b e p r o t e c t e d i n o u r r u l e a n d p o s s e s s i o n , a n d t h a t w h e n e v e r a n y o n e s h o u l d d e - s i r e a n y t h i n g f r o m u s , h e m u s t s u e u s f o r i t ; a n d i n s u c h s u i t m u s t b e t h e o c c a s i o n f o r e x a m i n i n g t h e v i r t u e a n d s t r e n g t h o f t h e t i t l e s , t h e p r i o r i t y , a n d t h e a u t h o r i t y o f t h e o c c u p a t i o n a l l e g e d b y e a c h p a r t y t o t h e s u i t .

M e a n w h i l e , a n d u n t i l i t s h o u l d b e s t a t e d l e g a l l y b e f o r e o n e o r t h e o t h e r , a n d t h a t t h e r e o u g h t t o b e a b e t t e r r i g h t t h a n o u r s , w h i c h w e n e i t h e r k n e w n o r

154 THE PHILIPPINE ISLANDS [VOI. I

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 witbin 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 al- liance 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 dis- crepantd, 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 dis- regard their opinion, especially in a matter upon

U93-W9] LETTER FROM KING OF SPAIN 155

w h i c h I a c t i n g a l o n e c o u l d n o t n o r c a n b e w e l l i n - f o x m e d , I c o m m a n d e d t h a t , a c c o r d i n g t o t h e a b o v e , t h e i r o p i n i o n w o u l d b e t h e a n s w e r t o t h e s a i d a m - b a s s a d o r s , g i v i n g t h e m t o u n d e r s t a n d t h o r o u g h l y the c a u s e s a n d r e a s o n s a b o v e s a i d , a n d o t h e r s , w h i c h a l - t h o u g h c l e a r a n d e v i d e n t , t h e a m b a s s a d o r s w o u l d n o t a c c e p t . R a t h e r t h e y c o n t i n u e d t o p e r s i s t t h a t M a l u c o o u g h t t o b e s u r r e n d e r e d t o t h e m . T h e y s a i d t h e y h a d i n f o r m a t i o n t h a t M a l u c o h a d b e e n f o u n d b y t h e K i n g o f P o r t u g a l , a n d b y h i s s h i p s . B u t t h a t i n - f o r m a t i o n b e i n g u n a u t h o r i z e d a n d i n t h e s a m e t h e w i t n e s s e s b e i n g s u b j e c t s o f t h e * K i n g o f P o r t u g a l , ( y o u s e e h o w m u c h a d v a n t a g e , h o n o r , a n d i n c r e a s e i t i s t o t h i s n a t i o n i o s u c c e e d i n t h i s u n d e r t a k i n g ) , a n d i t b e i n g a t h i n g b e y o n d t h e b o u n d s o f r e a s o n , t t r r d a m a t t e r o f n o c r e d e n c e o r d a m a g e , w e d i d n o t p e r m i t e x a m i n a t i o n o f i t ; f o r e v e n t h o u g h t h e e v i -

d e n c e s h o u l d p r o v e d a m a g i n g t o t h e K i n g o f P o r t u - g a l , h e c o u l d n o t b e c o m p e l l e d t o a b i d e b y i t , a s i t h a d n o t b e e n p r e s e n t e d i n a r e g u l a r c o u r t o f l a w , n o r s u f f i c i e n t l y e m p o w e r e d b y h i m . I t w a s a d e p a r t u r e f r o m t h e p r i n c i p a l m a t t e r o f n e g o t i a t i o n . A n d t h e n t o o t h e s a i d a m b a s s a d o r s , a l t h o u g h o t h e r i n f o r m a t i o n b e t t e r t h a n t h e i r o w n w a s o f f e r e d o n m y p a r t , w o u l d n o t a c c e p t i t , n o r w o u l d t h e y a b i d e b y i t . A l t h o u g h , a s you see, I o u g h t n o t t o d e p a r t f r o m t h e s a i d t r e a t y , w h i c h w a s t h e o n l y p _ e t i t i o n m a d e m e b y t h e s a i d a m - b a s s a d o r s , t h e y n o t w i s h i n g t o s t i c k t o t h e t r u t h , p e r - s i s t e d o b s t i n a t e l y i n s o d o i n g , a n d t h e n i t w a s s u f f i - c i e n t t o h a v e s a t i s f i e d t h e m s e l v e s a s t o i t s f u l l O b s e r v a n c e .

B u t p a y i n g n o h e e d t o t h i s , n o r t o t h e h a r m e n - suing t o u s i n p e r s u a d i n g t h e m , o n a c c o u n t o f m y g r e a t a f f e c t i o n t o m y c o u s i n , t h e s a i d m o s t s e r e n e


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 period7 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 compact3 and withal a compact made with the side opposing us, the ambassadors would scarcely listen to, declar- ing 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 oi our Council, to whom I committed the matter, namely, that while the court of demarcation was sitting, as aforesaid, each side should have entire

1.+93-J5291 LETTER FROM KING OF SPAIN =57

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 per- mitted 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 ob- stinate silence and asserting that they were not author- ized. 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 an- swerkd 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 com- pliments and offers of expedients made to them,on my part, which were submissions rather than compli- ments, 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

1 5 8 T H E P H I L I P P I N E . I S L A N D S [ V o l . I

not f a i l e d on my part to do a l l r e q u i r e d b y t h e s a i d t r e a t y , n o r t o c o n s i d e r a n y p r o p e r a n d r e a s o n a b l e e x p e d i e n t . A d v i s e m e f u l l y o f a l l t h a t i s d o n e i n t h i s f f l a t t e r . P a m p l o n a , D e c e m b e r 1 8 , 1 5 2 3 . I t h e K i n g . “ ’ [Cguntersigned by the secretary Cobos. S i p a t u r e o f t h e c h a n c e l l o r a n d o f C a r v a j a l . ]

I T 4 I n a n o t h e r I e t t c r o f t h e s a m e d a t e t h e E m p e r o r c o m p l a i n s t o t h e K i n g o f P o r t u g a l t h a t t h e l a t t e r ’ s a m b a s s a d o r s h a v e n o t h e e n t i l i n g t o a b i d e b y t h e t r e a t y o f T o r d e s i l l a s i n t h e i r c o n - f c r a x e s w i t h t h e C a s t i l i a n p l e n i p o t e n t i a r i e s , “ a l t h o u g h o u r r i g h t t o t h o s e r e g i o n s d i s c o v e r e d a n d t a k e n p o s s e s s i o n o f b y o u r f l e e t i s f u l l y a p p a r e n t f r o m . & t r e a t i e s a n d c o m p a c t s n e g o t i a t e d o v e r t h e d i v i s i o n o f l a n d s a n d t h e l i n e o f d e m a r c a t i i i , a n d c o n f i r m t i d i n t h e n a m e o f e a c h o n e o f u s . ” N e i t h e r w o u l d t h c ~ ~ d i s c u s s t h e n e w p r o p o s i t i o n s s u b m i t t e d t o t h e m - ” a l t h o u g h w i t h s o m e p r e j u d i c e t o m a r r i g h t ; ” n o r w o u l d t h e y t h e m s e l v e s t i b m i t n e w p m i t i o n s ; c o n s e q u e n t l y t h e y 8 r c r e t u r n i n g t o P o r t u g a l w i t h o u t r e a c h i n g a n y d e & i o n . T h e l e t t e r c l o s e s b y s a y i n g t h a t t h e E m p e r o r i s a b o u t t o w r i t e a h o u t t h e w h o l e a f f i i r t o h i s r e p r e s e n t a t i v e , u J u a n d e Z & i g a , k n i & t o f t h e o r d e r o f S w t i a g o , r e s i d i n g t h e r e [ a t L i s - b o n ] i n u u r b d u l f ? a n d K i n g J O & J i a u r n c s t l y m u e s t c d t o r a t a m u r e d o f t h e I o v e a n d a & c t i o n o f t h e S p a & b & n a r c h .

TREATY BETWEEN THE EMPEROR AND THE KING OF PORTUGAL CON-

CERNING THE LIMITS AN,D POSSESSION OF MALUCO

[This trea.ty 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 Cas- tile of the order of Santiago; Garcia de Padilla, Commander-in-chief of Calatrava ; and Doctor Lorenzo Galindez de Carvajal: “ all members of the Council of the most exalted and powerful Princes, Don Cirlos, by the divine clemency Em peror ever august, and King of the Romans, and Dofla Juana, his mother, and the same Don Cklos, 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 Portu- gal, 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,

1 6 0 T H E P H I L I P P I N E I S L A N D S [ V o l . I

India, etc.” The respective monarchs delegated full powers to these representatives to negotiate, in their na*mes, this treaty, in which the ownership of Maluco was to be determined. The Spanish letter of authorization was signed in Vitoria, January 2 5 , 1524. (Navarrete omits the Portuguese letter of authorization.) The treaty proper follows:]

Thereupon the said Representatives of the eaid 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 Dofia Isab_el, 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

1493~w91 TRRATY OF VITORIA 161

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 Gos- pels, upoh 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. b 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 en.d 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 pos-

162 THE PHILIPPINE WANDS [Vol. I

session o r ownership shall b e determined, then t h e side, i , n whose favor t h e right o f each o f t h e said questions i s declared, may despatch expeditions and may barter. And i n case t b e question o f ownership and demarcation. i s determined, then that o f possession shall b e understood*to b e decided and absorbed. I f only t h e question o f possession i s determined b y t h e said lawyers, without their being able t o determine that o f ownership, a s aforesaid, then what still remaihs t o b e determined o f t h e said ownership, and likewise o f t b e possession o f t h e said Maluco, shall, i n accordance with t h e terms o f t h e said treaty, r e - main i n t h e same condition a s before this present compact. A l l o f t h e above must and shall b e investigated without any prejudice t o t h e rights o f ownership and possession o f either side, i n accordance with t h e said treaty.

But i f , before t h e conclusion o f t h e said period, i t shall appear t o tire lawyers first named i n t h e commissions, a s aforesaid, that t h e settlement can, i n a l l probability, b e concluded and determined with some further continuation o f t h e time set, a s above said; o r i f another good way o r manner o f procedure, b y which this matter could b e determined better under one head o r another, t o wit, that o f possession o r tbat o f ownership, should offer itself t o them, t h e two lawyers, a s aforesaid, may, i n either o f these cases, prolong, f o r s o long a time a s seems convenient t o them, t h e brief determination o f t h e matter. During t h e period o f tire said continuation, these lawyers, and a l l t h e other deputies, each one i n h i s own capacity, may investigate and ascertain, and they shall investigate and ascertain, just a s i f this extensi,on o f time were within t h e principal period

1493-15291 TREATY Ot VITORIA 163

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 corrated them, shall sign them.

Iferr [Ifem]: each one OI the sides must obtain the ratification and confirmation of these articles from their said constituents9 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 the=, 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

164 T H E P H I L I P F I N E I S L A N D S [ V o l . I

. 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 Ma- jesties; Pedro de Ysasago, Contino l’** of their Ma- jesties; Gregorio Casgas, Alvaro Mexia, and Sebastian Fernandez, servants of the said ambassador Pedro Correa de Arubia; Juan de Samano; and those of the negotiators.]

I ’ * * T h i s w a s a n a n c i e n t o f f i c e i n t h e r o y a l h o u s e o i C a s t & .

THE JUNTA OF BADAJOZ

EXTRACT FROM THE RECORDS OF THE POSSESSION AND

OWNERSHIP OF THE MOLUCCAS

Record of Possession

April I I. On the bridge over the river Caya, situ-

ated on the boundary line between Castilla and Port- ugal 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 understund why he should take part in negotiations for OUY service, and the appointment in his place of Fray Tom&s Duran under date of Btirgos 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 pIaintiff. 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 p.rovocation, 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

w93-~5291 JUNTA OF BADAJOZ 167

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 cculd be proved quickly. As to Portu- gal’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 do&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 e&h 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 Cas- tilian 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 wculd 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

168 THE PHILIPPINE

were not the same. And they

ISLANDS 1 Vol.

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 CasGlla 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 4. Ibt’d. The attorney for Castilla denied that the parties to the suit could compel the arbitra- tars to submit to their opinions. He defended the

opinion of his judges; demonstrated that the contrary was unjust and null and void, because thiy demand witnesses and proofs to be received without a suit, de- bate, ur 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 Bar-

1 4 9 3 - 1 5 2 9 1 JUNTA OF BADAJOZ 169

tulo l’*+ and Baldo, kna concluded by saying that the opinion of the Castilian judges was null and void and wrong, and ought to De 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, 2Gd. In the afternoon meeting Ribera said that the onslaught of the Portu- guese 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.

l’** B a r t u l o w a s a n I t a l i a n j u r i s c o n s u l t , b o r n ( 1 3 1 3 ) a t S a s s o - Ferrato, in Umbria ; h e died at Perusa i n 1356. He was e n - t r u s t e d w i t h s e v e r a l i m p o r t a n t p o l i t i c a l c o m m i s s i o n s a n d w r o t e u p o n v a r i o u s p o i n t s o f c i v i l l a w ; s o m e o f h i s w o r k s w e r e u s e d a s t e x t b o o k s i n t h e m o s t f a m o u s u n i v e r s i t i e s . He h a s b e e n s t y l e d “ t h e f i r s t a n d m o s t t h o r o u g h o f t h e i n t e r p r e t e r s o f l a w . ”

B a l d o i s e v i d e n t l y o n e o f t h e t w o b r o t h e r s P i e t r o a n d A n g e l o Baldo de Ubaldis, both eminent Italian jurisconsults. T h e f o r m e r w a s b o r n a t P e r u s a , i p 1 3 2 4 , a n d d i e d a t P a v i a , A p r i l 2 8 ,

~ 6 . He was a man of vast erudition, and held many important posts - h i s i n f l u e n c e e x t e n d i n g s o f a r t h a t C h a r l e s V I o f F r a n c e i m p l o r e d h i s a i d a t t h e R o m a n c o u r t f o r c o n v e n i n g a g e n e r a l c o u n c i l . H e w a s t h e a u t h o r o f a n u m b e r o f c o m m e h t a r i e s a n d o t h e r w o r k s . A n g e l o w a s b o r n i n 1 3 2 8 , a n d d i e d i n 1 ~ ; h e w a s ( a t t h e s a m e t i m e w i t h h i s b r o t h e r ) p r o f e s s o r o f c i v i l l a w a t P e r u s a , a n d w r o t e s e v e r a l c o m m e n t a r i e s a n d m o n o g r a p h s .


May 1 8 . Zbid. 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 as-

serted the answer given at Yelves, wehereupon 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 rem- edies provided by law in such cases, they found no other expedient except the one they had set forth in their interlocutory opinion.

May 24. Zbid. 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 wai any delay, they were to blame.

J49wS~91 JUNTA OF BADAJOZ 171

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 Port- ugal 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. Zbid. The Emperor’s deputies, in answer to the notification of the twenty-fourths 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

r 7 a THE PHILIPPINE ISLANDS [Vol. 1

r e s p o n d e d s a y i n g t h a t t h e a n s w e r w a s u n s a t i s f a c t o r y . I t w a s u n n e c e s s a r y t o h a v e t h e a t t o r n e y s o f e a c h p a r t p l e a d , s i n c e s u c h a t h i n g h a d b e e n o r d e r e d w i t h o u t a v a i l o n t h e e l e v e n t h o f A p r i l . T h e r e f o r e t h e y i n - s i s t e d u p o n t h e i n t e r l o c u t o r y a s s e m b l y .

M a y 28. I & d . T h e a t t o r n e y s f o r P o r t u g a l p r e - s e n t e d a w r i t t o t h e e f f e c t t h a t t h e t i m e l i m i t e x p i r e d o n t h e l a s t o f M a y , a n d t h e m a t t e r w a s i n s u c h s h a p e t h a t i t w o u l d b e f i n i s h e d b r i e f l y ; f o r i n r e g a r d t & t h e o w n e r s h i p , t h e i r a t t o r n e y s w e r e u n a n i m o u s o n t h e t h r e e p o i n t s , e x c e p t i n m a t t e r s o f s l i g h t m o m e n t , i n w h i c h t h e y c o u l d s o a n a g r e e . I n t h e m a t t e r o f p o s - s e s s i o n , t h e w i t n e s s e s o f b o t h s i d e s w e r e p r e s e n t , a n d

s u c h a n e x p e d i e n t c o u l d b e a d o p t e d t h a t t h i s c a s e c o u l d b e d e t e r m i n e d i m m e d i a t e l y . “ T h e r e f o r e w e p e t i t i o n , ” s a i d t h e y , “ f o r a c o n t i n u a t i o n o f t h e t i m e l i m i t . I n t h i s w i l l b e d o n e w h a t o u g h t t o b e d o n e , a n d w h a t t h e E m p e r o r s e e m s t o w i s h , s i n c e h e h a s

t o l d t h e a m b a s s a d o r s o f o u r K i n g t h a t y o u r g r a c e s c o u l d e x t e n d t h e t i m e , a n d w e r e e m p o w e r e d t o d o i t b y t h e s a i d t r e a t y . ”

T h e l i c e n t i a t e A c u f i a a n s w e r e d i m m e d i a t e l y t h a t p r o r o g a t i o n w a s a n a c t o f j u r i s d i c t i o n , a n d s h o u l d b e

, d e t e r m i n e d o n t h e b o u n d a r y l i n e , w h e r e , a c c o r d i n g t o t h e o r d e r , t h e y m u s t m e e t d u r i n g t h e l a s t t h r e e d a y s ; a n d - t h a t h e w a s r e a d y t o d i s c u s s t h e m a t t e r o n M o n d a y , M a y 3 0 w i t h t h e l i c c n t i a t e A c e v e d o , t h e m e m b e r f i r s t n a m e d o n t h e i r c o m m i s s i o n .

A c e v e d o c o n s e n t e d , a n d t h e y a g r e e d t o m e e t o n t h e s a i d d a y a t s e v e n i n t h e m o r n i n g .

M a y 3 0 . W h e n t h e d e p u t i e s m e t o n * t h e b o u n d a r y l i n e A c e v e d o g a v e h i s v o t e , n a m e l y , t h a t b e a r i n g i n m i n d t h e t r e a t y a n d t h a t t h e m a t t e r c o u l d b e s e t t l e d b r i e f l y , t h e t w o c a s e s b e c o n t i n u e d t h r o u g h J u n e .

1493-15291 JUNTA OF BADAJOZ 173

Acufia’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 prin- cipals. 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 aa 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 Acufia and Acevedo.

Acuna answered that he had given his final answer in his reply. On the thirty-first there would be no meeting in regard to the possession.1’6

Record of Ownt+i~ l”*

April I I. On the bridge of Caya River assembled the licentiates Cristobal Vaaquez de Acufia, a

“‘Original in folio bound in parchment. It has forty-three goQd sheets.- Note by Mufioz. (Cited by Navarrete).

‘w The matter in brackets in these proceedings is evidently notes made by Mufioz, although they may have been made by the Castilian s.ecre!tary.


member of the count51, 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 Al- cazoba, Doctor Sancho de Salaya, master of theology; Fray Tom& Duran, Pero Ruin de Villegas, Captain Juan Sebastian de1 Cano; likewise the licentiate An- tonio de Acevedo Coutiiio, Doctor Francisco Cardoso, Doctor, Gaspar Vasquez, all of the desem-

bargo of the King of Portugal; Diego Lopez de Sequera, of the King’s council and his chief magistrate, Pedrd Alonso de Aguiar, nobletian of the said King’s household; Francisco de Mela, master of holy theology; licentiate Tom& de Torres, physician to the said King; Simon Fernandez, Bernaldo Perez, ‘knight of the order of Christ 7 arbitrators ap-. pointed by Spain an,d Portugal. In the presence of the secretaries Bartolomb Ruin de Castaiieda and Gomez Yafies de Freitas, the treaty appointments, etc., were read. And the witnesses, Doctor Bemal- dino 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 I” took the solemn oath.

Upon this day, the Portuguese attorneys declared that Alcazabaxould 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

“s The number acting for Portugal was not greater than for Spain, as Gomara points out and whom Herrera cop+ but the same on either side, only while Portugal had two attorneys, Spain bad one attorney and one advocate.- NAVARRETE.

1493~w91 JUNTA OF BADAJOZ 175

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 in- vented 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 Cathe- dral church of Badajoz. A despatch from the King of Portugal was read, removing Bernard0 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 Alca- zaba, “ because he must occupy himself with matters connected with our service,” and appointing in his stead Master Alcarez; dated Burgos, April IO, r524.- 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, r494Y with the coniirmation given to the’

*“’ This date should be June 7, 1494. The Spanish letter of authorization was dated June 3.

~76 THE PHILIPPINE ISLAXDS [Vol. I

same at Arevalo, July 27 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 shculd be determined.

ad. 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 ether 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.

1493-WQI JUNTA OF BADAJOZ 177

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 WZ%U vote; 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 leagueson 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. Her-

nando Colon, Fray Tomis Duran, Magider, Doctor Salaya, Pero Ruin de Villegas, Master Alcaraz, Juan Sebastian de1 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 1atte.r -presented the following writ : “ The

1 4 9 3 - 1 5 2 9 1 J U N T A O F B A D A J O Z 1 7 9

principal grounds upon which the judges for Portu- . gal 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 confirmeq 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 fcr the

delay would be theirs, etc. May I& Zbid. The judges for Portugal say that

they cannot act in accordance with them, because the

treaty states t h a t t h e m e a s u r e m e n t 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 repeatid this with the terms d 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 t o 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 t o w h o m


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.

&lay 23. In Yelves, in the town hall. The judges for Castilla s,aid 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 tbe island of San Antonio; likewise was shown all the coast ta 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 [de1 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 de-

:493-15291 JUNTA OF BADAJOZ 181

grees 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 de1 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 Cas- tilian 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; Ztem, Cape Guardafui whither it was navigated from Buena Esperanza to the. northea8t, with a north and south d,istance 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; Ztem, to Zamatra and up to the point called Ganis- pola, a run of fifteen and one-half degrees, from which point to the Malucos it was twenty-aeven degrees.

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

May 24. Zbid. The judges for Castilla presented .

the following writ: “ To say that the mapa were only for the purpose of locating the Cabo Verde islands is strange, inasmuch as we are discuasing the brinking by each aide 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 ia alao atrange that among such persons they should withdraw the plans and maps of their navigation, .and not allow us to examine them. In our nivigation the only thing necessary ia to 8ee &he 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, iq order that it may not prove an obstacle to the third point. As to what they say about their map being like ours, it ia 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. j

Then the following writ of the judges fo? 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 unneces- sary 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 An- ton ‘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

1493-15291 JUNTA OF BADAJOZ rS5

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. J

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 Malncos; 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 nego.. tiations.

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

I a THE PHILIPPINE ISLANDS (Vol. I .

land; and the fourth, by lunar eclipses. “ Let us e x a m i n e t h e m e t h o d t h a t w e m u s t u s e , ” they say, “ and let us consider how to end the negotiation. If the time remaining seems short, it should be pro- rogued as long as may be necessary and for such prorogation we notify,” etc., and they did notify Acufia and Acevedo to prorogue it for all of June.

Acevedo gave his vote [the same as in the records o f p o s s e s s i o n ] . A c u f i a s a i d t h a t h e h e a r d i t , a n d D o n 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 a n d e i g h t y - t h r e e d e g r e e s , a n d b y w a y o f t h e w e s t o n e h u n d r e d a n d 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 de- m a r c a t i o n a n d o w n e r s h i p a t f o u r o ’ c l o c k i n the a f t e r - n o o n 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.

1493-JS291 JUNTA OF BADAJOZ 187

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

May 31. Ibid. In reply to the deputies of Cas- tilla; 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 de1 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 PII#I’S “’

The first thing required and presupposed in this matter of defining and determining the present case of the ownership of the Malucos is to ascertain where the divisional line passes; and secondly the location of the above-mentioned Malucos. As to the first- the location of the said line-we their Majesties’ deputies declare : We have voted already for many

*” Original in handwriting of Don Hernando Colon. (Navar- rete, tom0 iv, no. xxvii, pp. 343-355.)


reasons and causes that this line must pass west of the inland of Sant Antonio, the measurement commencing from this place, as we have demonstrated by our words and drawings during the procedure of this case; and we declare the same now by our vote and decision. As to the second, we assert that the Ma- lucos fall many degrees within their Majesties’ demarcation. In verification of this assertion it is to be noted, that, since the sphere has a circumference of three hundred aud sixty degrees, this number should, of necessity, correspond to the distance, demonstrated by. the deputies of the King of Portu- gal, to be comprised between the meridian of the island of La Sal and the Malucos, plus our assertion of the distance westward to the same Malucos. And as this number of degrees not only is not attained in the said navigation, but the latter rather falls short of it by about fifty degrees, no other reason can be assigned for the shortage, except that it arises from the distance eastward being greater thda they have shown it to be; and the error consists in their having shortened the said journey, which is suspected and proved conclusively according to the following.

First, because it is sufficient19 clear evidence to note tha5 in the prosecution of this case, they attempted to make use of ends which vere manifestly unjuttifiable, and wished to delay and not arrive at a conclusion. This was quite apparent when they immediately refused to admit Simon de Alcazaba, because he had voyaged in those seas and lands with the Portuguese, and knew the truth concerning their distances, and the places where they shortened the distances; and because some days must pass before

1493-15291 JUNTA OF BADAJOZ . e

their Majesties’ commission to elect another judge, could arrive from Btirgos. Item: hecause on Satur- day, April 23, we [the Castilian deputies] voted upon the order of investigating the three points necessary in the prosecution of this case, namely, in what manner we should determine the demarcation,- whether on a plane or spherical surface,- what location we should ,assign to the Caho Verde islands, and from which one of them we should commence to measure the three hundred and seventy leagues; they in a matter so apparent, and of so little inconvenience or room for speculatioh, would not vote until Wednea- day, May +, a space of eleven days, and in order to cause confusion they voted that the first thing to determine was from what island the three hundkd and seventy leagues to the line were to be measured, it being beyond the bounds of reason to discuss such a thing before investigating or ascertaining the relative locations of these islands with regard to each other, examining them in some manner, in order afterwards to enable us to determine from which one such measurement should be made. This we showed most conclusively by the reasons. brought fomard in this case. But wishing the verification of the truth, we consented to proceed in the matteras they elected. .Ztem : when it came to a vote as to the island from

which the three hundred and seventy leagues was to be measured, they voted for the islands of I,a Sal and Buena Vista. This was quite contrary to justice, inasmuch as the measurement should begin at the island of Sant Antonio, the most westerly of the Cabo Verde islands, as is apparent from reasons adduced by us. It is apparent also from these reasons that, at our last meeting in Yelves, they brought in a

r9o ‘NE PHlLIPPINff ISLANDS [Vol. 1

globe upon which the line of demarcation had heen drawn by tbem twenty-one and one-half degrees west of th$ said island of Sant Antonio. This they tried to disavow so that the notaries could give no testimony regarding it, telling them they could give no other testimony than that they saw a reddish band just iike ‘many others on the globe. Nevertheless in downright truth, in a globe marked with the points of the com’pass as it was, on which tbe principal winds were shown in black, the mid winds in green, and the quadrants .in lines of a reddish hue, there could not be a quadrant or colored band passing from pole to pole- especially since there was but one, all the_ others being black - which they were sub- stituting for &north and south wind, blowing from one pole to the other, and which is placed on such globes instead of the wind or meridian line.

Therefore it is apparent from the above that they had drawn this line long before they voted for the line of demarcation, by the sphere which they showed to have been made long before; and’which if it had other reddish lines girdling the sphere, these latter did not pass through -the poles as this line .did, but started from the center of the compasses placed on the equinoctial, and were in proportion to other circular lines. But this line was in proportion to no other line, saving one corresponding to the number of the three hundred and seventy leagues reckoned from the island of Sant Antonio, just as we voted it must be located. Therefore it is proved by thii line and globe that the said line was in harmony with our vote in regard to the distance it must have from the said island of Sant Antonio and in regard to its passing f ram one pole to tbe other, according to the stipu-


lation of the first treaty .negotiated between the Catholic sovereigns and King Don Juan (may they rest in peace), and not in harmony with i4 in regard to the other things maintained on this point in the said ‘globe. Therefore it results that they voted contrary to justice, with intent to show that they had navigated a shorter distan’ce, and to delay and cause disagreement in these negotiations because of this point. All the above is apparent and is proved by the records of this assembly, and it is inferred therefrom that they did not consider or regard as true the few degrees they had given out.

Ztcm: having agreed that we should bring good m&p9 on which we would show our voyages westward, and they theirs eastward, they produced a map, upon which were shown only a few points and principal capes, and those lately inserted thereon; so that theit voyages could not be ascertained. Neither was

it possible to verify in such a map what they corn-, pressed in it. As the said distance of degrees given by them was not true; as tiould be Guite apparent if they brought a good map, and one rkade some time before, in which their said navigation should be contained, and as they had no just excuse to palliate such contention, they said that they brought the said maps only to locate the Cabo Verde islands, which by the very same map was Froved to be contrary to the ttuth and was not a sufficient excuse, since the said islands were qot located on this map, as is evi- den’t from the judicial records. Therefore because of all the above reasons) and because it might not be possible to verify later what had passed, they would not permit the judges and notaGes of the case to examine the said map. More than this, having


decided afterwards upon the location of the said

islands, we were in agreement with a map on which they had located them. As the decision was not unanimous they locked up the said map and would not produce it again, although they were requested to do so by us. And therefore, they voted afterwards upon the location of the said islands contrary to their own determination of them in the said map, and con-

trary to what we voted in the said case. They did this contrary to all reason and right, as was proved afterwards by a gIGbe that they showed, on which

both the island of Sant Antonio and that of La Sal were exactly where we located them, as is evident from the judicial records of this case. Consequently they acted contrary to what they had declared and voted. In the same way it was proved by the said globe [the first one] that the voyage. eastward from the said island of La Sal to the Malucos, was greater than they had declared at first; and the said globe did not conform with the map they hgd shown first, nor even with another globe they produced. It is adduced from ill the above by, evidence and clear demonstration! that the said distance of degrees asserted by them is untrue. Therefore they sought and tried to delay these negotiations, alleging that maps and globes were insufficient instruments from which to ascertain the truth, and that the demarcation could not be determined by them. They begged in- sistently that other methods of eclipses and fixed stars be sought, not taking into account, as we have said, that these are causes for great delay; for the consideration of such eclipses, and the movement of the moon, and its visual conjunction with any fixed star, and all other like mathematical considerations can

Ji93-V291 JUNTA OF BADAJOZ 193

at present be of no advantage to us, ~ecuz~e of ow being limited to such a brief period as tw,o months,

in examining and determining this matter. From this [the short time] it is seen that it was not the intention of those sending us that such expedients should be sought or pursued. It can be well said

from the above that he who has a poor proof, shows in detail the witnesses to that fact, and therefore, we shall demonstrate in the following more fully and specifically that the said distance is not what they assert, and that all reason, every document, and all experience contradict it.

First it is proved that they have on their part, less- ened the number of degrees, for the voyage from Guinea to Calicut is shown to be greater than they assert or show, because from the time those lands were discovered until now, the said Portuguese have been shortening and lessening the said distance. [This assertion is proved by the various discoveries

eastward made by the Portuguese navigators from the time of the Infante Don Enrique, (Prince Henry the Navigator) namely, Cadamosto, the Venetian ;

Antonieto, the Genoese; Pedro ’ Zinzio; Diego Cano ; Bartolome Diaz ; and Vasco da Gama.“‘* The

distances navigated by these men are given as they themselves recorded them.] Therefore with appar-

ent reason the Ztinerario Portugallenszkm, translated from Portuguese into Latin by Archangelo Madrig-

I”* of these navigators, Aloysius (Lu~gi) da Ca da Most0 made a voyage to Cape Verde and Senegal, in 14543 ; Antonio de Noly, to the Cape Verde Islands, in 1462; Pedro de Cintra (Italianized as Piero d’Sinzia) , to Senegal, in 1462 ; Diego Cam, to the Congo River and inland, in 1484; Bartolomk Diaz discovered the Cape of Gooo Hope in 1486 ; and Vasco da Gama made several voyages to India, the first in 1497.

(94 THE PHILlPPlNi3 ISLANDS [Vol. I

nano, and which was printed in r~o8,“” in chapter . sky, reckons a distance of three thousand eight hun-

dred leagues, or fifteen thousand miles from Lisbona to Calicut, and declares in the last chapter that it is a three months’ voyage from Calicut to Zamotra.

Item. the said distance is proved to be much

greater, as we assert, because of certain persons who tr2veled through and navigated the lands and seas eastward from the sea Rojo [Red Sea] and recorded their voyages at a time when there was no suspicion of a discussion like the present. [Geronimo de San- tisteban, a Genoese, is given as an example. He sailed from Aden to Calicut in thirty days, and +n eighty- three days from Calicut to Zaumotra (Sumatra), a distance of ‘about fourteen hundred leagues. u With this number agree Marco Paulo (Marco Polo) and

Juan de Mandevilla (John Mandeville) in the self- same voyages and travels made by them, as is stated very diffusely in their books.” The three-year voyage of King Solomon’s ships, as recorded in “ the third book of the Kings ” “’ to “ Ofir and Zetin whence they brought the gold to build the Temple,” and which places “ all writers upon the sacred scrip- tures assert” to be “ toward the most eastern part of India,” agree with the same figures.] From all the above, therefore it is inferred that the navigation from the said Mar Rubro [Red Sea] to the eastern

lTTt This is a Latin translation of Paesi nouan8eate retronati ( Vicenza, 1507 ) - the carliesr known collection of voyages. It is supposed to have been compiled by &ssandro 25x4, a Venetian cosmographer (according to Bar&t) ; but Fracanzio di Montal- boddo, according to Quaritch (CutuZogue No. 362, 1885). Faca similes of the titles of both books are given in Bartlett’s Bibliotku Americana, part i, p. 40.

m This is the hook alled today “ the first book of the Kiw.”

1 4 9 3 - 1 5 2 9 1 J U N T A O F B A D A J O Z 1 9 5

p a r t o f I n d i a i s a m u c h g r e a t e r d i s t a n c e t h a n t h e P o r t u g u e s e s a y .

1 t e t r z ; i t i g w e l l - k n o w n t h a t t h e P o r t u g u e s e t h e m - s e l v e s c o n f e s s e d t h a t t h e s a i d M a l u c o i s l a n d s w e r e s o f a r t o t h e e a s t w a r d t h a t t h e y f e l l w i t h i n t h e i r M a j e s t i e s ’ t e r r i t o r i e s . A n d t h i s w a s s o a p p a r e n t t h a t o n e o f t h e d e p u t i e s a c t i n g n o w i n t h i s c a u s e f o r t h e s a i d K i n g , b y n a m e M a s t e r M a r g a l l o , i n a p h i l o - s o p h i c a l b o o k w r i t t e n b y h i m , a n d b u t l a t e l y o u t o f p r e s s , i n s h o w i n g t h e d i v i s i o n b e t w e e n C a s t i l l a a n d P o r t u g a l , p r o v e s t h a t t h e s a i d M a l u c o s f a l l a n d a r e w i t h i n t h e i r M a j e s t i e s ’ l i m i t s . A n d t o o , w h e n t h e y w e r e d i s c o v e r e d b y t h e C a s t i l i a n f l e e t , t h e K i n g o f P o r t u g a l d e s i r i n g t o h a v e i n f o r m a t i o n r e g a r d i n g t h e i r l o c a t i o n a n d b o u n d a r y , c o n s i d e r e d h i m s e l f p e r - f e c t l y a s s u r e d w h e n a l l , t h o s e w h o m h e o r d e r e d t o a s s e m b l e f o r t h i s p u r p o s e c o n c l u d e d t h a t t h e y l a y w i t h i n t h e C a s t i l i a n b o u n d a r i e s . A n d t h e r e f o r e t h e m o r e t h a n g r e a t c a u t i o n e x e r c i s e d u p t o t h a t t i m e i n n o t p e r m i t t i n g s e a c h a r t s t o b e t a k e n f r o m h i s r e a l m s w a s t h e r e a f t e r o b s e r v e d m u c h m o r e s t r i c t l y , a n d m a n y m a p s w e r e b u r n e d , d e s t r o y e d , a n d s e i z e d , a n d a n o r d e r w a s s e n t f o r t h t h a t t h e r o u t e s i n a l l m a p s s h o u l d b e s h o r t e n e d . A n d t h o s e m a p s t h e y d o g i v e o u t f o r p u r p o s e s o f n a v i g a t i o n , t o t h o s e w h o m u s t s a i l t o w a r d I n d i a , t h e y g i v e o n a c c o u n t , s o t h a t t h e y m u s t b e r e t u r n e d t o t h e t r e a s u r y i n o r d e r t h a t t h e r e m i g h t b e n o i n f o r m a t i o n i n o t h e r p l a c e s a s t o t h e l o n g i t u d e o f t h i s r o u t e . A n d a l l t h e a b o v e s a i d i s c o n f i r m e d m o r e c l e a r l y , b e c a u s e , n o t w i t h s t a n d i n g t h e g r e a t c a u t i o n e x e r c i s e d i n P o r t u g a l i n n o t a l l o w i n g m a p s t o b e t a k e n o u t s i d e o f t h e k i n g d o m , c e r t a i n P o r t u g u e s e a n d C a s t i l i a n s h a v e t a k e n a n d p o s s e s s e d s o m e m a p s . W e , t h e s a i d d e p u t i e s o f t h e i r M a j e s t i e s ,

196 THE PHILIPPINE ISLANDS ’ [Vol. I

w i s h i n g t o b e c o m e b e t t e r i n f o r m e d c o n c e r n i n g t h e s e

m a p s , i n o r d e r t o p r o n o u n c e b e t t e r a n d m o r e t r u l y u p o n t h i s c a s e , f o r t h e g r e a t e r a s s u r a n c e o f o u r c o n - s c i e n c e s , a n d f o r t h e p u r p o s e o f s e c u r i n g t h e m o s t i n d u b i t a b l e k n o w l e d g e i n r e g a r d t o t h i s m a t t e r , s u m - m o n e d b e f o r e u s c e r t a i n p i l o t s a n d m e n , s k i l l e d b o t h i n n a v i g a t i o n a n d i n m a k i n g m a p s , g l o b e s , a n d m a p - p a m u n d o s . T h e s e m e n h a v e a l w a y s t r i e d t o i n f o r m t h e m s e l v e s w i t h g r e a t c a r e , c o n c e r n i n g t h e d i s t a n c e s a n d r o u t e s o f t h e s a i d v o y a g e , b o t h o f t h o s e w h o m a d e the v o y a g e , a n d o f t h o s e w h o d e l i n e a t e d a n d l o c a t e d t h e l a n d s c o m p r e h e n d e d i n t h e v o y a g e . T h e y s t a t e d

u n d e r o a t h a n d b e f o r e t w o n o t a r i e s a n d t h e s e c r e t a r y o f t h i s c a s e , t h a t t h e y k n e w t h a t t h e s a i d n a v i g a t i o n a n d t h e l o c a t i o n o f t h e s e l a n d s c o m p r i s e d m o r e d e - g r e e s t h a n w a s d e c l a r e d a n d d e m o n s t r a t e d b y t h e s a i d d e p u t i e s o f t h e K i n g o f P o r t u g a l , b y t h e i r g l o b e s a n d m a p s . S o m u c h g r e a t e r w a s t h e d i s t a n c e t h a t i t w a s e v i d e n t t h e y w e r e n o w t r y i n g t o s h o r t e n t h e s a i d v o y a g e a g a i n b y m o r e t h a n t w e n t y - f i v e d e g r e e s o f l o n g i t u d e o f t h e d i s t a n c e u n t i 4 n o w d e c l a r e d b y t h e m .

T h e r e f o r e , a s i s a p p a r e n t f r o m t h e s a i d i n f o r m a - t ! o n o f m o d e r n n a v i g a t o r s a n d c o s m o g r a p h e r s , b o t h P o r t u g u e s e a n d t h o s e o f o t h e r n a t i o n s , a n d f r o m t h e r e l a t i o n o f t h e s a i d p i l o t s a n d s a i l o r s , i t h a s b e e n

p r o v e d c o m p l e t e l y t h a t t h e s a i d d i s t a n c e s a n d r o u t e s , d e c l a r e d b y t h e s a i d d e p u t i e s o f P o r t u g a l , a r e n e i t h e r j u s t n o r t r u e , a n d t h a t t h e d e p u t i e s h a v e r e p o r t e d t h e m m u c h s h o r t e r t h a n , i n s o b e r t r u t h , t h e y a r e . F r o m t h i s i t c a n b e p r e s u m e d , t h a t i n a s m u c h a s t h e y s h o r t e n t h e s a i d r o u t e e a c h d a y , t h e s a i d m i s t a k e o f f i f t y d e g r e e s p r o c e e d s d o u b t l e s s f r o m t h e i r e a s t e r n p a r t a n d n o t f r o m o u r w e s t e r n p a r t .

I t e m : i t i s to be observed that, notwithstanding the

1493-w91 JUNTA OF BADAJOZ w7

said distances, expressed, as is shown by the said pilots who determined them, as they should, on a spherical body, the said Malucos fall many degrees wIthin the limits of our lord, the Emperor, and that they lie a much greater number of degrees east of the island of La Sal, than they had declared, inasmuch as, according to geometrical reasoning, the lands situated along the said eastern voyage, placed on a plane surface, and the number of leagues being reckoned by equinoctial degrees, are not in their proper location as regards the number and quantity of their degrees, for it is well known in cosmography that a lesser number of leagues along parallels other than the equinoctial, occupy a greater quantity of degrees. Now then as almost all the lands from the Cabo Verde islands to the Malucos, are, for the most part quite distinct from the equinoctial, it will take a much greater number of degrees when they are transferred and draw0 on the spherical body. Calculating by geometrical proportion, with the arc and chord; whereby we pass from a plane to-a spherical surface, so that each parallel is just so much less as its distance from the equinoctial is increased, the number of degrees in the said maps is much greater than the said pilots confess, and consequently these lands fall by a greater number of degrees inside their Majesties’ limits. In order to verify the above we must examine the itineraries and navigation routes, and the angles and intersections made by the routes with the meridians and parallels encountered, which are styled angles po&ioni~ among cosmographers, This is the most certain method of determining lands on a spherical body, when calculating them from the plane surface, as the following will show.

t9S THE PHILIPPINE ISLANDS [Vol. I

[The distances of these itineraries .are shown in evidence of the preceding. Maps of India made in Portugal “ at the time when there was no suspicion that so great a number of leagues was to be gub- tracted as is proved now to have been the case,” are cited and distances taken therefrom in proof of the assertions made by the Castilian deputies. As a result of these distances it is shown that the distance between the Moluccas and the island of Sant Antonio would be one hundred and eighty-four degrees to the eastward, to which number “ must be added the degrees contained in the ,said three hundred and seventy leagues from the island of Sant Antonio to the line of demarcation.” The following deductions are made :]

It is quite evident from the above that the distance of the navigation eastward assigned by the Portu- guese in the proceedings is short by more than fifty degrees, being proved by the said old Portuguese relations and maps, which are not to be doubted. And it is evident that our calculation is true, both eastward and westward, and that from the said divisional line commencing from the island of Sant An- tonio, the distance westward to the Malucos is not more than the said one hundred and fifty degrees.

[At this point the aid of the old authors, Ptole- mzus and Plinius, is invoked to prove more conclusively that the distance was shortened by the Portu- guese. The summary of the document is as follows:]

Therefore in concluding, we assert, both on account of the reasons abovesaid, and for many others which incite us to this decision, that we find the location of the Malucos not to lie in the longitude d& clared by the deputies of the King of Portugal, but

1493-w91 JUNTA OF BADAJOZ 199

where we claim and prove by our sea chart. Conse- quently we assert that they lie and are situated a distance of one hundred and fifty degrees west of the divisional line, as we have shown in these discussions. Xt results then that the distance eastward from the said line to the said Maiucos 1s two hundred and ten degrees, and according to this the ownership and seigniory of the.Malucos pertain to their Majesties. This is our vote and decision, and thus we declare to and notify the said deputies of the King of Portu- gal, that since our vote is just and in accordance with right, they conform to the same. Don Hernando Colon, Fray Tom& Duran, Doctor Malaya, Pero Ruin de Villegas, Master Alcarez, Juan Sebastian de1 Cano.

I have read the above vote and decision of their Majesties’ said deputies in the presence of the depu ties of the said King of Portugal. Thereupon the said deputies of their Majesties and their secretary all said for themselves that their opinion is in accordance with the above, and they ordered us, the said secretaries to set it down in the records. Then the said deputies of the said King of Portugal declared that they were opposed to the said vote and adhered to the writ presented by them yesterday, and to the one presented at this meeting today before the reading of the vote in question. They said they had other reasons to offer, which they would not give today for lack of time, but would present tomorrow, Wednes- day, the first of June. They ordered us, the said secretaries to set it down thus in this record. And we, the said secretaries being present at this declaration, set it down in this record, and sign it with our names. Bartolomk Ruin de Castafieda.

200 THE PHXLIPPINE ISLANDS [Vol. 1

The Portuguese deputies answered that they’ adhered to their proposition. The formalities follow and the junta was adjourned, as was certified in the records by the secretaries Bartolome Ruin de Casta- fieda acting for Spain, and Gomez Yafies Freytas for PortugaI.l’@

OPINION RENDERED BY DON HERNANDO COLON IN THE

JUNTA OF BADAJOZ CONCERNING THE OWN-

ERSHIP OF THE MALUCOS

Don Hernando Colon declares that, at the first .meeting of the deputies who were to confer regarding tbe question of ownership, when discussing the method of procedure, it was his opinion that each one

‘should set down in writing what he knew of this matter, thus furnishing reasons and information upon which to base his Majesty’s right, and also material wherewith to answer the arguments, to which he thought they might be opposed ex a&erso. AIthough this method was not approved by the said deputies, considering that it could not but result in some good to his Majesty’s service, he presented his opinion in writing after the following Saturday, wherein he showed their Majesties’ right not only to the Ma- lucos, but also to all of Persia, Arabia, and India. [Thereupon it was decided that each one should present his opinion, “ especially as each one will incite and spur on his fellows, and in case of any sickness or absence, what such and such a deputy knew of the matter would be known, and if we should

‘-The original i in folio bound in parchment, with ninety-five good sheets.-Note by Mufioa (cited by Navarrete).

1493-15291 JUNTA OF BADAJOZ C&OX

decide upon nothing definite at this time, we shall leave a record of the truth for a future time.” Colon says :]

First, inasmuch as the division of the sphere, which ~

its an unknown quantity, is to be determined, we must’ dete. mine and verify its size. This must be done by one of two methods, namely, by measuring the entire globe or body to be divided; or by ascertaining exactly the proportional relation between one portion of it and the corresponding portion of another body, whose size is known to us, as for instance the heavens, which learned men have divided into three hundred and sixty parts or degrees.

As to the first method of measuring the earth, besides being very difficult, it becomes also arbitrary unless measurements were always made by line. Much uncertainty is occasioned by this method, because, as we hear and say continually such and such leagues are very long, while others speak of them as small, each one judging according to his own opinion, and taking into consideration the time and rapidity it took him to walk them. On this account a much greater difference will result when the said leagues are measured by sea, for there are many more obstacles that alter or’ impede the correct calculation of them, such as, for instance, currents, tides, the ship’s loss of speed, because of its meeting with strong head winds, or because of heavy seas coming athwart the bows, or from other directions. In addition to all these one may be deceived by the ship’s burden and hulk; or by reason of the ship’s bottom being cleaner or dirtier at one time than another; or whether it is towed or sailing alone; or whether it carries new or old sails and whether they are of good or ill pattern,

2 0 2 T H E P H I L I P P I N E I S L A N D S ( V o l . 1

a n d w e t o r d r y ; w h e t h e r t h e d a y ’ s r u n i s e s t i m a t e d f r o m t h e p o o p , p r o w , o r a m i d s h i p s ; a n d o t h e r s p e c i a l

c o n s i d e r a t i o n s t h a t I p a s s b y , s u c h a s t h e h e a v i n e s s o r l i g h t n e s s o f t h e w i n d s , t h e d i f f e r e n c e s i n c o m - p a s s e s , e t c . F r o m t h e a b o v e t h e n , I i n f e r t h a t i t i s d i f f i c u l t a n d u n s a t i s f a c t o r y t o d e t e r m i n e t h e s i z e o f t h e e a r t h b y m e a n s o f m e a s u r i n g i t b y t r a v e l i n g o r

s a i l i n g , a n d t h e s a m e w a s m a i n t a i n e d b y P t o l e m z u s a n d o t h e r e r u d i t e m e n b y a c t u a l t e s t .

A s t o t h e s e c o n d m & h o d , n a m e l y , b y d e t e r m i n i n g w h a t p o r t i o n o f t h e e a r t h c o r r e s p o n d s t o a n o t h e r k n o w n p a r t o f t h e h e a v e n s , i t i s m o r e p r o b a b i l e e t i a m p e r d e m o n s t r a t i a n e w . B u t t h e d i f f i c u l t y o f t h i s m e t h o d l i e s i n t h e f a c t t h a t t h i s p r o o f o r d e m o n s t r a - t i o n h a s b e e n m a d e b y m a n y l e a r n e d a n d e x p e r i e n c e d m e n , a n d w e d i s c o v e r a g r e a t d i v e r s i t y i n t h e i r r e - s u l t s , a s I p o i n t e d o u t i n m y o p i n i o n w h e n i t w a s a g r e e d t h a t e v e r y o n e s h o u l d c o m m i t i n s c r i p & t h e n u m b e r o f l e a g u e s c o r r e s p o n d i n g t o e a c h d e g r e e , o f w h i c h t h e f o l l o w i n g i s a c o p y .

[ H e r e f o l l o w t h e d i f f e r e n t c a l c u l a t i o n s o f t h e l e n g t h o f a d e g r e e a n d t h e c i r c u m f e r e n c e o f t h e e a r t h , b e g i n n i n g w i t h A r i s t o t l e . B r i e f l y t h e s e a r e a s f o l - l o w s : A r i s t o t l e , 8 0 0 s t a d i a t o a d e g r e e , m a k i n g t h e t e r r e s t i a l c i r c u m f e r e n c e , I 2 , 5 0 0 l e a g u e s ; S t r a b o , A m - b r o s i u s , T h e o d o s i u s , M a c r o b i u s , i 8 0 a n d E r a t o s t h e n e s ,

e a c h 7 0 0 s t a d i a t o t h e d e g r e e , a n d a c i r c u m f e r e n c e o f 7 , 8 7 5 l e a g u e s ; M a r i n u s a n d P t o l e m z u s , 5 0 0 s t a d i a t o t h e d e g r e e , a n d a c i r c u m f e r e n c e o f 5 , 6 2 5 l e a g u e s ;

U I ’ T h e o r i g i n a l i s “ A m b r o s i a y T e o d o s i o y M a c r o b i o . ” T h e s a m e e r r o r w a s m a d e b y J a i m e F e r r e r , w h o l i k e w i s e g i v e s t h e s e o a m e s a s t h o s e o f t h r e e d i s t i n c t m e n i n s t e a d o f o n e , h i s t r u e n a m e b e i n g “ A u r e l i u s T h e o d o s i u s M a c r o b i u s . ” S e e D a w s o n ’ s L i n e s o f .

D e m u r c u t i o r l , I & g , p . 5 1 0 .

1493-15291 JUNTA OF BKAJOZ 203

Tebit, Almeon, Alfragano, Pedro de Aliaco “‘* “ in the tenth chapter of De kugke mm& and the author of the sphere in the division of the zones,” Fray Juan de Pecan u in the fourth chapter of the treatise of the sphere,” and the “ first Admiral of the Indies,*” as is evident from many papers made by him,” each “ fifty-six and two-thirds miles ” or u fourteen leagues and two-thirds of a mile ” to a degree, and a circumference of 5,100 leagues. ” If no opposition is given to this latter Ed udverso mere vol- mtutie,” continues Colon, “ then necessarily we must have recourse to verify it by experience, which is hindered by many obstacles.” In further reasoning he says :]

It is clear from the above, that, supposing the measurement of the degrees to be conclusive, it is not reduced to such practical form that the place where wch and such a number of leagues correspond to a degree can be told, nor is it easy to determine this; SQ that it will be necessary, both sides concurring, to 4eIect persons and instruments and the place for making the test. After these men had been ordered to proceed, instruction and advice must be given them, which being a huge matter and outside of the present discussion, I shall not dwell upon. If such practical

experience is not acquired, then rightly and quite reasonably the measurement or size of degrc’es used by the authors of tables, or of almanacs and daily calculations of the stars, should be accepted; and such

“” Referring to the Ymugo Mudi ( 1483?) of Pierre d’Ailly, archbishop of Csmbray, and cardinal ; regarding this book, see Bartlett’s Bibl. ~n~ehmz, part i, pp. 3-5.

I‘* This was the title conferred on Christopher Columbus by the Catholic sovereigns.

2tw THE PHILIPPINE ISLAND!3 [VOL I

a view seems quite conclusive to whomever is not ob- stinate, since it is proved that the diversity of the relative positions of the superior bodies proceeds from the differcna between the places of observation.

Supposing that the number of miles or leagues corresponding to each degree were to be verified by the care and skill of the men abovesaid, then another very long and difficult calculation would be neces- 88ry, namely, the appointment of experienced men to measure and determine the number of measures or degrees from one continent or province to anotbcr. And when they shall reach the half [one hundred and eighty degm J counting f ram the line passing at the cad of the three hundred and seventy leagues, at that place they shall establish a point or mark to show what pertains to each side. But as this manner of measuring degrees may be difficult from east to west, although easy from north to south, recourse must be had to certain fine and subtile methods, of which, Uhough everybody is well informed concerning them, I shall not hesitate to state a few facts g have been able to acquire, in order to give these other deputies an opportunity to explain those facts of which I.am ignorant.

[Various methods for estimating the length of a degree follow. Colon concludes thus : ‘J

But inasmuch as the determination of the above methods seems to be and is difficult, each one of them must be employed, and each one put into execution, so Song as one doea not conflict with the other. Fur- ~&IXMXC the day’s run must conform to these methods, and pilots of great experience and judgment choeen. In this way it might be hoped to determint a division in which neither part would suffer and

1493-15291 JUNTA OF BADAJOZ MS

great loss or inconvenience. Inasmuch as, iu another form, Y&US stunt&us ZJ~ ~WW, I conaider it impossible that one side can succeed in convincing the other by demonstrating that the Malucos fall within his territory, although one might show that it is more In accordance with equity and reason, and thus obtain his object, if the judges imagine that they could determine it according to rigorous and absolute judgment; therefore in order to accomplish my utmost as well as to do everything that I think can be of we in this question, upon the day determined by the U- sembly I shall present in writing all the e\idcnm, documents, and drawings bearing upon this case that, to my mind, might prove useful.

Now to sum up in conclusion of the above, neither side can convince the other that he is trying to shift his ground; and therefore, I say, no sentence can at

the present time be passed upon this case? except that it will be necessary to agree upon an expedition to compute the size of the degrees; and this done, ships and men must be chosen, for the purpose of measuring the longitude by one or the other of the various methods found to be best, and for definitely determining and marking the beginning and end of the said demarcation, and the lands falling in each part or hemisphere. [His signature and the notarial countersignature follow. The date of this document is April 13, 1524.1

206 THE PHILIPPINE ISIXUDS [Vol. 1

OPINIONS OF FRAY ‘XMAS DURAN, SRMSTIAN CAIKWO,

AND JUAN VESPUCCI RENDERED AT THE JUNTA OF RADAJOZ REARDING THE

OWNERSHIP OF MALUCO

Inasmuch as you wish, it appearing to have some value, that each one should set down in writing his opinion regarding the demarcation that his Ma- jesty commended to us, tie, Fray TomAs Duran, Se- bastian Caboto, captain and pilot, and Juan Ves- puchi, pilot, concert together in setting down and ex- plaining our opinion regarding this demarcation.

First we must calculate the leagues, giving as few aa possible to the celestial degree, because giving fewer leagues [to the celestial degree] tbcre will be fewer throughout the earth, which suffices quite well #or their Majesties’ service. However, as we pointed out formerly, it seems to us that we must employ the number wud commonly by sailors both in Portugal and Castilla. These men assign to each heavenly degree seventeen and one-half leagues, to the first fol- lc&ug point of tbe compass from tbe north [north b east] eighteen and one-half, to the northeast by aurth twenty, etc. The second fundamental is that we must conform ourselves to that most grave and practical astrologer Ptolemaus, who, writing later than Pomponius, Marinus, Plinius, and Strabo, Cal- culated sixty-two and one-.half miies to each degree.

Thirdly WC declare that there are two methods of procedure in this demarcation. The first is according to the conjectures and experiments made during many repeated voyages by skilled pilots. This method haa been followed by all the writers on cos-

1493-15291 JUNTA OF BADA JO2 207

mography. The other most sure method is by pro-

ceeding in a northern altitude from north to south, and in an altitude from east to west, or by taking the east and west longitude. This is a difficult task, as this assembly is aware, and as each one has declared, and setting forth many methods for doing it that appear feasible to them, and finding fault with them all.

First let us examine this first method, and then the second. As to the first we must place the line of demarcation three hundred and seventy leagues from the island of San Antonio. This number of leagues is equal to twenty-two degrees and almost nine miles. Reikoning degrees from that parallel and from the island of San Antonio there is a distance of one hundred and eighty leagues to Cape Verde which equals ten degrees. Therefore it is thirty-two degrees from Cape Verde to the line of demarcation. We assert then, that by graduating these degrees in this manner, the Malucos fall within the boundaries of our lord the Emperor, however we may make the dimarca- tion. For if we wish to determine it after the cus- tomary models and where voyages have been made up to this time,’ to wit, calculating five hundred and forty leagues from Cape Guardafuui to Cape Comori, five hundred and sixty leagues from Cape Comori to Malaca, and four hundred and twenty leagues from Malaca to the Malucos, in which way the voyage is always made, not only do the Malucos fall within his Majesty’s demarcation but also Malaca and Zamatra. And if, perchance, we wish to determine the demarcation in accordance with the recently corrected Por- tuguese maps, which reckon a much less number of leagues between the above-named places, to wit, from Cape Guardafuui to Cape Comori, Cape Comori to

.


Malaca, and from Malaca to the Malucos, we still assert that the Malucos fall within the demarcation of our lord the Emperor. For according to these maps corrected recently in this way, the demarcation or line of demarcation falls near Gilolo, an island near the Malucos. This is so on the plane surface of their map. When this plane surface is reduced to a spherical one, because of the rotundity of the sea where these voyages are made- the latter being in addition along parallels other than that of the equinoctial and where the degrees are less than those of the equinoctial, (the same league being assigned to the different degrees) -so that when this reduction is made, five degrees are gained, or nearly this number, which we have measured and proved to be so, then it comes to pass, from their own map, that the line of demarcation falls outside the Malucos, and the Malucos are in the territory of the Emperor our sovereign.

Ifem; let us suppose, for instance, that when the Catholic Sovereigns and King Don Juan of Portugal ordered the demarcation of the seas to be made, by commanding a line to be drawn from the Arctic to the Antarctic pole at a distance of three hundred and seventy leagues from the Cabo Verde islands, they had-ordered also the demarcation made on the eastern side, which his Majesty orders us to do now A though at that time neither Persia, Arabia, nor the Cabo Buena Esperanza [Good Hope] was discovered - it is quite certain that this north and south line must pass on the eastern side tbrough the mouth of the river Ganges. This is a fact, because Ptolemzus with great care described and located the cape of Catigara in accordance with the long experience of

1 4 9 3 - w 9 1 J U N T A O F + D A J O Z 2 0 9

d & e v o y a g i n g t h r o u g h t h e s p i c e r e g i o n , a s i s d i s - c u s s e d i n t h e f o u r t e e n t h c h a p t e r o f t h e f i r s t b o o k o f h i s c o s m o g r a p h y . H e m a k e s a d i s t a n c e o f o n e h u n d r e d a n d e i g h v d e g r e e s f r o m t h e C a n a r i a s t o C a t i g a r a o r t h e M e t r o p o l o f t h e C h i n e s e . T h e r e f o r e s u b t r a c t i n g t h e t h i r t y - t w o d e g r e e s - t h e d i s t a n c e o f t h e d i v i s i o n a l l i n e w e s t [ o f t h e C a p e V e r d e I s l a n d s ] , t h e l i n e o n t h e o t h e r s i d e p a s s e s t h r o u g h t h e m o u t h o f t h e r i v e r G a n g e s , w h i c h l i e s i n o n e h u n d r e d a n d f i f t y d e g r e e s o f l o n g i t u d e . T h e r e f o r e M a l a c a , Z a - m a t r a , a n d M a l u c o f a l l w i t h i n t h e d e m a r c a t i o n o f h i s M a j e s v .

I t e m : i t c a n n o t b e d e n i e d t h a t t h e i s l a n d o f G i l o l o , l y i n g % ‘ e a r t h e M a l u c o I s l a n d s , i s t h e c a p e o f C a t - i g a r a , i n a s m u c h a s t h e c o m p a n i o n s o f M a g a l l a n e s j o u r n e y e d w e s t w a r d u p o n l e a v i n g t h e s t r a i t d i s c o v - e r e d i n f i f t y - f o u r d e g r e e s o f s o u t h l a t i t u d e , s a i l i n g s u c h a d i s t a n c e w e s t a n d n o r t h e a s t t h a t t h e y a r r i v e d i n t w e l v e d e g r e e s o f n o r t h l a t i t u d e w h e r e w e r e f o u n d c e r t a i n i s l a n d s , a n d o n e e n t r a n c e t o t h e m . T h e n r u n - n i n g s o u t h w a r d f o u r h u n d r e d l e a g u e s , t h e y p a s s e d t h e M a l u c o i s l a n d s a n d t h e c o a s t o f t h e i s l a n d o f G i - 1 0 1 0 , w i t h o u t f i n d i n g a n y c a p e o n i t . T h e n t h e y t o o k t h e i r c o u r s e t o w a r d t h e C a b o B u e n a E s p e r a n z a [ G o o d H o p e ] f o r S p a i n . T h e r e f o r e t h e n t h e c a p e o f C a t i g a r a c a n o n l y b e t h e s a i d i s l a n d o f G i l o l o a n d t h e M a l u c o s .

1 f e t n : P t o l e m z u s l o c a t e s t h i s c a p e o f C a t i g a r a a t t h e p o i n t o f t h e g u l f M a g n u s , n e x t t o t h e g u l f o f t h e G a n g e s a n d t h e C r e s o n e n s u s b a y , w h i c h c o n f o r m s w h o l l y t o t h e a c c o u n t n o w d i s c o v e r e d , s o t h a t t h e d e - s c r i p t i o n a n d f i g u r e o f P t o l e m a z u s a n d t h e d e s c r i p - t i o n a n d m o d e l f o u n d r e c e n t l y b y t h o s e w h o c a m e f r o m t h e s p i c e r e g i o n s a r e a l i k e , a n d n o t o n l y a l i k e

2x0 THE PHILIPPINE ISLANDS [Vol. 1

in appearance, but in name. That region is now called China; PtolemEus styled it regio 8inarum; the barbarians also compressing the s say Sina instead of China; and the Portuguese themselves place China in this region. Therefore it being asserted that the island of Gilolo and the Maluco islands are Cape Catigara, as is a fact, the line of demarcation falls thirty-two degrees more to the westward and passes through the mouth of the Ganges. Therefore

Zamatra, Malaca, and the Malucos fall within our demarcation.

Item: in everything discovered by the Portuguese

of which Ptolemaxs has any notice, the former conform in their navigation to the latter. They locate

China north of the Malucos in the gulf Magnus, just as Ptolemzus locates it. For these and other reasons, which will be adduced by wiser than we, it seems to ‘us that the Malucos, Malaca, and Zamatra fall thirty-two degrees within his Majesty’s demarcation, as we stated above. This is the opinion of all

three of us, and as such we give it, signed with our names this fifteenth of April, one thousand five hundred and twent$four, in the city of Badajoz. Fray Tom& Duran, Magister. Sebastian Caboto. Juan Vespucci. [The notarial countersignature follows.]

MEMORANDUM RELATIVE TO THE RIGHT OF HIS

MAJESTY TO THE DOMINION AND OWNER-

SHIP OF MALUCO, PRESENTED BY DON HER-

NAND0 COLON

Don Hernando Colon asserts that the first section of the treaty ratified between the Catholic sovereigns (may they rest in peace) and King Don Juan

1493-15291 JUNTA OF BADAJOZ 2x1

of Portugal, sets forth a certain division of seas and lands of which, the people having no definite knowledge or understanding, the public report has orig- inated and been sown broadcast that they had divided the world between themselves. From this supposi- tion it resulted that the people inferred another general conclusion, namely, that having divided the world, it followed immediately that they divided it into equal parts. So wide spread is this that the above report gives rise to a so deep-rooted impres- sion in these men whom his Majesty sent at present to inquire into the question of ownership, that they have persuaded themselves that it is really the truth. And although they have seen and read the said treaty many times, this does not suffice to make them recognize in their method of procedure that such a sup- position is untrue, especially since the contrary was not declared by his Majesty’s Council in their assembly. Neither did they appreciate the fact that the assembly did not say they should understand it in this or that manner, but fulfil the stipulations of the first treaty in accordance with the new treaty and commissions delegated to you.

Therefore, inasmuch as many inconveniences result from this, which occasion not only great damage to his Majesty’s service, but also a great delay in the settlement of the present business, on account of this vicious understanding being the cause of their trying to direct it by unsuitable and senseless methods, and to wrangle and dispute not only with the Portu- guese, but even among themselves in regard to obtaining certain other things, it seems to me that the present negotiations would move more briskly and advantageously if they should do the very contrary


of what they are striving to do, namely, to locate the line of demarcation as far westward as possible ; I the said Don Hernando beg your graces, the lawyers

Acuna, Manuel, and Barrientos, as being members of his Majesty’s Council, and the licentiates Pisa, and Doctor Ribeka, as being his advocate and official attorney, both in order to fulfil his Majesty’s command, namely that we ask your advice, and in order that the above command might be obeyed by your graces, that, since this point consists principally in law and not in astrology or cosmography, you set forth and declare in writing, for our good understanding, what we ought to do in this case, and what understanding we should have of it; so that we may all give a good account of what was commanded us, which we should do now, for we know the intent of the Portuguese, and what they wish or show that they wish, and are about to come to certain conclu- sions with them. And especially since a fortnight has passed since I proposed this doubt to your graces by word and writing, it is to be supposed that you will have come to a decision regarding it; and in closing I beg that a definite decision he rendered in the case.

Don Hernando Colon,

[The official recognition of the notary dated Wednesday, April 27, I 524 follows.]

1493-W91 JUNTA OF BADAJOZ 213

LE’M’ERS FROM THE EMPEROR TO THE DEPUTIES AP-

PO1NTF.D TO TREXT OF THR OWNEXSHIP OF THE

MALUCXX IN THE JUNTA OF BADAJOZ

[The first letter is an open proclamaGon and order to the “ Council, court, regz’dores,“’ knights, squires, officials, and good people of the city of Badajoz.” The King announces that he is sending “ to this said city the licentiates de Acufia, of my Council; the licentiate Pedro Manuel, auditor of our audiencia of Valladolid; the licentiate Barrientos, of my Council of Las Ordenes, la8 ‘Don Hemando Colon, Simon de

*s* The individuals of the municipal governing body upon whom devolves the economic government of I city.-Novisimo die&~- ut-io df la lengua castellana (Paris and Mexico, I 899). See also Diccionario enciclopedico hisjuno-americano (Barcelona, 1887- 18gg), tomo xvii, pp. 302-303.

WI The Consejo de las Ordenes [auncil of the Military &de*s] w& created by Charles V, from the separate councils of the various military orders. This council consisted of a president and six or eight knights, and both temporal and ~esiastical powers were conferred upon it. Clement VI approved it, cxtend- ing its jurisdiction to tithes, benefices, marriages, and other matters of ordinary authority, and both Paul ‘III and Saint Pius V confirmed it. Two important triiunals were created, one called the Triiunal of the Churches, and the other the Apostolic Tribunal. The first was created by Charles V, and was under the charge of a Judge protector, and had izharge of the repairs, building, and adornment of the churches of the military orders, The second was created by Philip II> in virtue of the bull of Gregory XIII, of October 20, 1584,- this bull having as its object the amicable adjustment of the disputes between the military orders and the prelates in regard to jurisdiction, tithes, etc. In 1714 the jurisdiction of the counci1 was limited by Fclipe IV, to the &esiastical and temporal a&&s of their own institution. In 1836 the council was reorganized under the name of tribunal. The tribunal of the churches was suppressed, as were also the offices of comptroller ad the remaining fiscal officials, and the funds diverted into the national treasury. Jurisdiction in eccle&stical matters was Km- ited to the four military orders of Santiago, Cdatrava, AUntara, and Montesa. See Die.-en&. hi@-nmer., tomo v, pp. 821, 822.

.

214 THE PHILIPPINE ISIANDS [Vol. I

Alcazaba, other astrologers, pilots, and other lawyers and persons, who are to investigate, in our name, the demarcation, tiitb other deputies and representatives of the most .serene and excellent King of Portu- gal.” He orders that the utmost hospitality be extended to those representatives. They must be given free and (not in inns) good lodging. No over- charges must be made in food and other necessities, and they must not be bothered with noises or ques- tionings. All courtesy must likewise be extended to “ the ambassadors of the said most serene King. . .

as it is proper in a matter of such import to these kingdoms,- that I should receive from you courteous behavior.” Vitoria, March 8, 1524.1

[In accordance with the terms of the treaty negotiated in Vitoria, February 19, 1524, (q. 7.1. above) which make it incumbent upon the king to appoint u a notary before whom, together pith another notary appointed by ‘the said most serene King of Portugal the said case and all its proceedings must be conducted,” Bartolomk Ruin de Castafieda is appointed “ as notary for our side, so that, together with him who shall be appointed by the said most serene King of Portu- gal, you may inquire into it, and all the proceedings shall be conducted in your presence, and you shall do whatever else, in accordance with the above compact, that is necessary,” Btirgos, March 20, 1854.1

[Two letters folIow, both bearing the date, March 21, I 524, and sent from Burgos. The first is addressed to the licentiates Acutia, Pedro Manuel, and Barrientos “ our deputies.” The second is to Her- nando Colon, Simon de Alacazaba, Doctor Salaya, Pero Ruin de Villegas, Fray Torn& Duran, and Captain Iuan Sebastian [de1 Cane], “ our astrologers

1493-w91 J U N T A O F B A D A J O Z 2 1 5

a n d p i l o t s . ” E a c h l e t t e r c o n t a i n s t h e f o l l o w i n g i n - j u n c t i o n , c o u c h e d i n t h e s a m e w o r d s : ]

I n a s m u c h a s , a s y o u w i l l u n d e r s t a n d , t h i s m a t t e r t h a t y o u a r e t o e x a m i n e a n d d e t e r m i n e i s o f s o g r e a t c a l i b e r a n d i m p o r t t o u s a n d t h e g o o d o f t h e s e k i n g - d o m s , t h a t i t s h o u l d b e c o n s i d e r e d w i t h g r e a t c a r e a n d v i g i l a n c e , a n d t h a t i n the determination of it, t h e r e s h o u l d b e g r e a t m o d e r a t i o n a n d d i s c r e t i o n ; a n d i n a s m u c h a s t h e r e s h o u l d b e n o w a n t o f h a r m o n y a m o n g y o u r s e l v e s , I c h a r g e a n d o r d e r y o u t h a t b e - f o r e c o n f e r r i n g w i t h t h e d e p u t i e s o f t h e s a i d m o s t s e r e n e K i n g o f P o r t u g a l , t h a t y o u s h a l l h a v e d i s - c u s s e d a n d c o n f e r r e d o n t h e m a t t e r a m o n g y o u r - s e l v e s , s o t h a t y o u m a y t a k e a c o m t i o n r e s b l u t i o n a a t o w h a t y o u s h a l l a n s w e r o r p l e a d i n o u r f a v o r , a n d s o t h a t y o u m a y a l l s p e a k w i t h o n e m o u t h .

[ T h e s e c o n d l e t t e r c o n t a i n s t h e a d d i t i o n a l i n j u n c : t i o n : J

A n d i n o r d e r t h a t y o u m a y b e b e t t e r i n f o r m e d , y o u s h a l l a l w a y s l i s t e n t o t h e o p i n i o n s a n d a r g u m e n t s o f o u r a s t r o l o g e r s a n d p i l o t s , a n d o t h e r s , w h o b y ’ o u r c o m m a n d , a c c o m p a n y y o u f o r t h e p u r p o s e o f i n - f o r m i n g y o u a s t o o u r r i g h t s , i n o r d e r t h a t e v e r y t h i n g m i g h t b e d o n e i n a s u i t a b l e m a n n e r . A n d i t w i l l b e a d v i s a b l e f o r y o u t o h o l d d i s c u s s i o n s w i t h t h e l i c e n t i - a t e s A c u f i a a n d P e d r o M a n u e l , a n d t h e l i c e n t i a t e H e r n a n d o d e B a r r i e n t o s , o u r d e p u t i e s , a s o f t e n a s p o s s i b l e , s o t h a t a l l t h a t s h o u l d b e d o n e f o r o u r s e r - vice and the good of the said negotiation be done bet- t e r a n d u n a n i m o u s l y .

[ A l e t t e r f r o m B G r g o s , A p r i l I O , 1 3 2 4 , a n d a d - d r e s s e d t o t h e l i c e n t i a t e s A C & , P e d r o M a n u e l , a n d H e r n a n d o d e B a r r i e n t o s , s t a t e s t h a t t h e K i n g o f P o r t u g a l h a s r e q u e s t e d t h e r e m o v a l o f u o n e o f o u r

216 THE PHILIPPINE ISLANDS [VOL I

deputies, the astrologer Simon de Alcazaba, as he was formerly a vassal and is a native of that kingdom (Portugal) ,” as he is suspicious of him; and that another be appointed in his stead. Accordingly Chrlos appoints one master Alcareq although de- claring that Alcazaba entered his service with the knowledge and consent of the Portuguese monarch. This change goes into effect provided that no former Spanish subjects be appointed on the commission by the King of Portugal. It is reported that two Span- iards - the bachelor Maldonado, who fled from Spain for various offenses, and Bernard0 Perez, a citixcn of Noya, kingdom of Galicia - had been appointed by the latter. Should these be retained, or should other former vassals of Spain be appointed, tbcn “ the said Simon de Aicazaba shall enjoy what was committed to him, until as abovesaid, both the above-mentioned men be removed and displaced, or vvhichever ,of them is appointed, or any one else, who may be our vassal, subject, or native of our kingdoma.”

[On the same date the King writes to the same licentiates as follows :]

I have your letter of the sixth instant, and your memoranda of your doubts since your meeting and conference with the deputies of the most serene and excellent King of Portugal, our very dear and beloved cousin, and you have done well in advising me of it.

As to what you say about having &iiculty in the place where you must meet for your investigations in the determination of this matter, for the reason that no place on the boundary line ia suitable for it; and

1 4 9 3 - 1 5 2 9 1 J U N T A O F B A D A J O Z 2 x 7

b e c a u s e , a s y o u h a v e s e e n b y t h e compact negotiated in V i t o r i a , t h e s t i p u l a t i o n w a s r e l a x e d S O that the meeting might take place w h e r e v e r a g r e e d u p o n b c - t w e e n y o u r s e l v e s a n d t h e d e p u t i e s o f t h e m o s t s e r e n e King of Portugal, therefore you may agree, as you s a y , * t o r e m a i n t h e r e i n B a d a j o z one week, or what time you determine, and an equal period in Y e l v e s , in order that you may be well lodged a n d h a v e a good meeting place. You do well in wishing that t h e first meeting be held there in Badajoz, since it is n o t t o be believed t h a t t h e d e p u t i e s o f t h e m o s t s e r e n e King, my cousin, will wish any thing else or oppose any objection, nor should you consent to anything else.

As to the departure of Simon de Alcazaba, he will have arrived already, for this post brought news hither that the day of its arrival here, he would have

arrived there in Badajoz. Therefore the negotiations will n o t b e delayed on his account.

As to what you say about the astrologers, pilots, and other persons whom we sent thither to furnish reasons and information concerning our right, namely, that, because they were not named on the commis- s i o n , o u r a s t r o l o g e r s a n d p i l o t s w h o w e r e a p p o i n t e d as deputies, will not receive them in their a s s e m b l y a s n o t b e a r i n g o u r s p e c i a l w r i t o f a p p o i n t m e n t , I a m m u c h s u r p r i s e d , f o r it was here repeated again and

a g a i n t h a t t h e y m u s t s u m m o n t o t h e i r c o u n c i l a l l t h o s e g o i n g t h i t h e r a t o u r c o m m a n d f o r t h e a b o v e s a i d p u r p o s e , a n d t h e y m u s t c o n f e r w i t h t h e m a n d d i s c u s s w i t h t h e m c o n c e r n i n g t h e d e m a r c a t i o n ; f o r o t h e r w i s e t h e i r b e i n g t h e r e w a s u s e l e s s . I am send-

ing o r d e r s t o t h e s e d e p u t i e s t o t h e e f f e c t t h a t f r o m t h i s ’ m o m e n t t h e y d o t h i s . A n d I t h e r e f o r e o r d e r

.

2x8 THE PHILIPPINE ISUNDS [Vol. I

you to give them my letter, and to see to it that whenever the said pilots and astrologers shall meet to discuss and confer in regard to the matter committed to them that they summon to their council all those who are there at my behest, to wit, Master Alcarez, the bachelor Tarragona, our chief pilot, the other pilots of the India House of Trade,l*’ and Diego Rivero; and that they confer with and discuss with them everything necessary for their information and the elucidation of our right; they shall always be careful to preserve a mutual harmony, as I now recommend to you.

In regard to your lodging, I am giving orders to the corregidor “‘* that he look after the same and provide the rooms. You shall be careful that whenever the deputies of my cousin, the most serene King, shall come there, that they be well lodged and treated as is fitting.

This post brings the moneys asked for by the treasurer for the payment of the witnesses there at Bada- joz, and if more are necessary, they will be sent.

I will have the bulls and other documents favor-

au Casa de ContratacZn de las Indias (House of Commerce of the Indies). A tribunal, having as its object the investigation and determination of matters pertaining to the commerce and trade of the Indies. It consisted of a president and several executive ~&&,--both professional and unprofessional men - and a r,arziscal agent. . It was formerly in Seville, but removed later

.-Die. encic. hi+-amer., IV, p. 8~ The documents relating to the afIGs of this house were kept formerly in a special archives, but arc housed at present in the &chivo general de Indias in Seville.

la’* The corregtior was the representative of the royal person? and combined both judicial and executive functions ; in some large cities he was made president of the city council, with administrative functions - an’ office nearly quivalent to that of mayor in American cities.

1493-w91 JUNTA OF BADAJOZ 219

ing our rights that you ask for, looked up, and will send them to you. Likewise I will have secured the hydrographical maps of which you say you have been advised, and which are in the possession of Francisco de Lerma, an inhabitant of this city, and the one that the pilot E&ban Gomez gave to Colonel Espinosa. These latter I shall send by another messenger, for this one does not take them, in order not to be de- tained.

I have ordered sent you witb the present letter the copy of the letter you, mention that I wrote to my ambassador in Portugal, and in which I give the reasons for our right, and reply to the reasons brought forward on the side of the most serene King.lW

This mail bears a packet of letters written by the ambassadors of the most serene and excellent King, my cousin, residing at my court, to the licentiate An- tonio de Acevedo, his chief magistrate, or to whatever other such official resides in the city of Yelves as his deputy. As it is a thing which concerns this negotiation in my service, as soon as this post arrives, you are to give or send this packet to him with all care, and you shall make him certify that it has been delivered to him, and shall send me the certification.

[The letter closes with the king prescribing the order, in which the deputies shall be seated at their general councils.1

[Another letter of the same date as the preceding commands the astrologers and pilots named as deputies to summon to their councils those who, though not named on the commission are there to give their

WJ Se this document at p. 139, unte.


opinion and advice. They are commanded ” whenever you assemble among yourselves to consider and discuss regarding this matter, you shall summon the persons above named, and shall discuss and confer with them, and shall listen to their words and opinions, and after having heard all of them, according

to this order, you shall determine what you shall reply or plead when you meet with the deputies of the most serene and excellent King of Portugal, my

cousin, and you shall always advise me fully of every thing that happens.“]

The King. Licentiates Acufia, of my Council, Pedro Manuel, auditor of Valladolid, and Licentiate

Barrientos, of my council of Las Ordenes, our com- missaries in the city of Badajoz, investigating the affair of the Spice Islands : I saw your letter, and the records and papers yod sent me of what occurred there in regard to the possession of the Maluco islands, at which proceedings you were present; aIso in what shape affairs are at present, and the manner in which you have managed them. My Council of the Indies has discussed it, and consulted with me regarding it. What you have done seems good, and as was to be expected from your learning and pru- dence. And inasmuch as I have ordered a full reply to be made in regard to the matters upon which you have consulted me, as you will see by the memorandum accompanying this letter, signed by my grand chancellor, I therefore command and charge you to examine it, and in accordance with it direct affairs, so that, so far as we are concerned, it will be evident that nothing remains to be done for the fulfilment of what we agreed upon. You must accomplish this

w3-w91 JUNTA OF BADAJOZ 221

secretly and in the good manner I expect from you. You shall give a very secret account of everything to the licentiate de Pisa.

I am writing to our deputies - the astrologers and pilots y to place entire confidence in you. You shall discuss with them in the best and most reserved manner possible what pertains to them in accordance with the section of the said memorandum that treats of the demarcation, and in regard to the advices given by Don Hernando on the true understanding of the treaty. Burgos, May 7, 1524. I the King. By command of his Majesty: Francisco de 10s Cobos.

The King. Our deputies in the city of Badajoz, who are considering the demarcation : I saw what you wrote me,_and am pleased with you. I hold in mind all you say, which is as I expected from you. And inasmuch as I am writing fully to the licentiates Acufia, Pedro Manuel, and Barrientos, our commis- saries, who will discuss with you in my behalf what you should know of it; therefore I command and charge you that, placing entire faith and credence in them, you shall execute this as I wish1 and that you shall in all this business have the watchfulness I expect from you, io that the said demarcation be eat tablished justly and truly. Burgos, May 7, 1524. I the King. By command of his Majesty : Francisco de loa Cobos.

THE TREATY OF ZARAGOZA

[This treaty was negotiated at Zaragoza (Sara- gossa) between the representatives of the Spanish and Portuguese monarchs, and signed by them April 22,

1529. It was ratified the following day by Chrlos I at Lerida, and by Jo30 III, at Lisboa (Lisbon), June 20, 1530. The usual letters of authorization precede the treaty proper, the Spanish letter being given at Zarkgoza, April 15, I 529, and the Portuguese at Lisboa, October 18, 1528. The Spanish deputies were : Mercurio de Gatinara, count of Gatinara, and grand chancellor; Fray Garcia de Loaysa,‘=* bishop

of Osma and confessor of the emperor; and Fray Garcia 4e Padilla, commander-in-chief of the order of Calatrava,lW all three members of the emperor’8

WV Garcia de L&a, a noted Spanish prelate, was born at TaIavera (Toledo) in 1479: at the age of sixteen, he entered t&e Dominican order, of which he became provincial for Spain (1518), and finally general of the order. He was greatly es- teemed by the emperor Charles V, who chose Loasia as his con- faaor ; and he soon afterward became bishop of Osma, and president of the Council of the Indies. Later, he was made a cardinal, and elevated to the archbishopric of Seville. He acted as Charles’s -tat& at the court of Rome, and was, less than a year before his death, appointed general of the Inquisition : exn in that short time one hundred and twenty persons were bumeti at the stake, and six hundred more punished in various ways. baisa died April 21,1546.

l” The military order of Calatrava was formed to hold the town of that name against the Moors, and wm organized in I xb ;

1493-15291 THE TRRATY OX’ ZARA-A 223

council. The Portuguese deputy was the licenti* Antonio de Azevedo con&o, member of the Portu- guese council and the King’s ambassador. The treaty follows :]

After said authorizations were presented by the said representatives it was declared that : inumuch as there existed a doubt between the said Emperor and King of Castilla, etc., and the said King of Portugal, etc., concerning the ownership, possession, and rights, or possession or quasi possession, navigation, and trade of Maluquo and other islands and seas, which each one of the said lords, the emperor and king of Castilla and the King of Portugal declares as his, both by virtue of the treaties made by the moat exalted, powerful, and Catholic sovereigns, Don Fernando and Dofia Isabel, rulers of Castilla, grandparents of the said emperor and the King, Don Joam the Second of Portugal (may they rest in glory) about the demarcation of the Ocean Sea and by virtue of other rights and privileges which each one of the said emperor and monarchs asserts to belong and pertain to said islands, seas, and lands belonging to him of which he is in possession; and inasmuch as the said emperor and monarchs considering the very close relationship and great affection existing between them, and which, not only should very rightly be preserved, but as far as possible be increased ; and in order to free themselves from the doubts, complaints, and disputes that might arise between them, and the many troubles thar might ensue among their vassals and subjects and the

natives of their kingdoms; the said emperor and monarchs and the said attorneys acting in their names,

it was. annexed to the Castilian crown ,during the reign of cMX3 I.

= 2 4 THE PHILIPPINE ISLANDS [Vol. I

have covenanted and agreed as to the said doubts and disputes in tbe following form and manner:

First, the sard grand chancellor, the bishop of Osma and the commander-in-chief of Calatrava, ammeys of the said emperor and sovereign of Cas- tilla declared that they, in his name, and by virtue of their said power of attorney would sell and in fact did sell from this day and for all time, to the said King of Portugal, for him and all the successors to the crown or his kingdoms, all right, action, dominion, ownership, and possession or quasi possession, and all rights of navigation, traffic, and trade in any m&tner whatsoever; that the said emperor and king of Castilla declares that he holds and could hold howsoever and in whatsoever manner in the said Ma- luquo, the islands, places, lands, and seas, as will be declared hereafter; this, with the declarations, limitations, conditions, and clauses contained and stated hereunder for the sum of tbree hundred and fifty thousand ducats of gold, paid in the current money, of gold or silver, each ducat being valued in Castilla at three hundred and seventy-five maravedis. The

said King of Portugal will give and pay this amount to the said emperor and king of Castilla, and to the persons whom his majesty may appoint, in the following manner: one hundred and fifty thousand ducats to be paid at Lixbona, within the first fifteen or twenty days after this contract, confirmed by the said emperor and king of Castilla, shall have arrived at the city of Lixboa, or wherever the said King of Portugal may be; thirty thousand ducats to be paid in Castilla - twenty thousand at Valhadolid and ten thousand at &villa, by the twentieth day of the month of May of this present year; seventy thousand ducats to be

w3-w91 TREATY OF ZARAGOZA 2%

paid in Castilla at the May fair of Medina de1 Camp0 of this same year, at the terms of the pay- ment8 of 8aid fair ;‘*’ and $he hundred thou8and ducats remaining at the October fair at the said town of Medina de1 Campo of thi8 8ame year, at the terms of the payment of the same - all to he paid over and above the rate of exchange. If nece8sary, note8 will be given for the said time; and, if said emperor and King of Castilla wishes to take in exchange tho said hundred thousand ducats at the said May fair of thi8 said year in order to avail himself of their use, he 8hall pay the said King of Portugal exchange at the rate of five or six per, cent, the rate which his treasurer, Hernand Alvarez, is accustomed to exact from fair to fair. The afore8aid 8ale i8 made by the 8aid emperor and king of Castilla to the said King of Por- tugal on condition that, at whatever time tbe said emperor and king of Castilla or hi8 8uccessor8, should wish to return, and should return, all of the said three hundred and fifty thousand ducat8 without any 8hort- age to the said King of Portugal or his successors, the said sale becomes null and void and each one of the 8aid sovereigns shall enjoy the right and authority which he now holds and claims to hold, both as regards the right of poss&on or quasi posse88iotl, and as regards the proprietorship, howsoever aud in whatever manner they belong to him, a8 if this contract were not made, and in the manner in which they first held possession and claimed to hold it, and this contract shall cause no prejudice or innovation. Item : It is covenanted and agreed by the said at-

NV It is said that this fair at Medina del Campo is still h&l (in May and October of each ye) ; and that mcy was $nt tE= to persons who dcsmd loam-hence tl~ allusmn

226 THE PHILIPPINE B%ANDS [Vol. I

tomeys, in the names of their said constituents, that, in order to ascertain what islands, places, lands, seas, and their rights and jurisdiction, are sold, henceforth and forever, by the said emperor and king of Cae tilla, by this contract under the aforesaid condi- ‘tion, to the said King of Portugal, a line must be determined from pole to pole, that is to say, from north .(D muth, by a semicircle extending northeast by east nineteen degrees from Maluquo, to which number of degrees correspond almost seventeen degrees on the er#noctial, amounting to two hundred and ninety- aeven and one-half leagues east of the islands of Ma- luquo, allowing seventeen and one-half leagues to an equinoctial degree. In this northeast by east meridian and direction are situated the islands of Las Veh and of Santo Theme, through whrch the said line and semicircle passes. Since these islands arc situated and are distant from Maluquo the said distance, more or less, the deputies determine and agree that the said line be drawn at the said two hundred and ninety-seven and one-half leagues to the east, the equivalent of the nineteen degrees northeast by cast from the said islands of Maluquo, as aforesaid. The said deputies declare that, in order to ascertain where the said line should be drawn, OIVO charts of the same tenor be made, conformable to the chart in the India House of Trade at Sevilha, and by which the fleets, vassals and subjects of the said emperor and king of Castilla navigate. Within thirty days from the date of this contract two persons shall be appointed by each side to examine the aforesaid chart and make the two copies aforesaid conformable to it. In them the said line shall be drawn in the manner aforesaid; and they shall be signed by the aaid sov-

14!33-15291 TREATY OF ZARAGOZA =7

ereigns, and sealed with their seals, so that each one will keep his own chart; and the said line shall remain fixed hencefortn at the point and place so designated. This chart shall also designate the spot in which tbe said vassals of the said emperor and king of Castilla shaI1 situate and locate Maluquo, which during the time of this contract shall be regarded as situated in such place, although in truth it is situated more or less distance eastward from the place that is designated in the said charts. The seventeen degrees eastward shall be drawn from the point where Ma- luquo is situated in said charts. For the good of this contract the said King of Portugal must have said chart, and in case the aforesaid be not found in the House of Trade of Sevilha, the said persons appointed by the said sovereigns shall make said charts within one month, signed and sealed as aforesaid. Furthermore navigation charts shall be made by them, in which the said line shall be drawn in the manner aforesaid, so that henceforth the said vassals, natives, and subjects of the said emperor and king of Castilla shall navigate by them; and so that the navigators of either pa shall be certain of the location of the said line and of the aforesaid distance of the two hundred and ninety-seven and one-half leagues between the said line and Maluquo.

It is covenanted and agreed by the said deputies that, whenever the said King of Portugal should wish to prove his right to the proprietorship of Maluco, and the lands and seas specified in this contract, and although at that time the said emperor and king of Castilla shall not have returned the price abovesaid, nor the said contract be canceled, it shall be done in the following manner, namely, each one of the said

2 2 8 T H E P H I L I P P I N E I S L A N D S [ v o 1 . s

sovereigns shall appoint three astrologers and three pilots or three mariners who are experts in navigation, who shall assemble at a place on the frontier between the kingdoms, where it shall be agreed that they assemble, within four months of the time when the emperor and king of Castilla, or his successors, shall be notified by the said King of Portugal to appoint a day. There they will consult, covenant, and agree upon the manner of ascertaining the right of said proprietorship conformable, to said treaty and contract made between the said Catholic sovereigns, Don Fernando and Dofla Isabel, and the said King Dom Joam the Second of Portugal. In case the -

said emneror and king of Castilla be judge,d to have the right of said proprietorship, such sentence will not be executed nor used until the said emperor and king of Castilla or his successors shall first have actually. returned all the said three hundred and fifty thousand ducats, which by virtue of this contract shall have been given. If the right of proprietorshrp be conceded to the said King of .Portugal, the sard emperor and king of Castilla or his s u ~ c e s s o r a shall be obliged actually to return the said three hundred and fifty thousand ducats to said King of Portugal or his successors within the first four years ensuing after the date of such sentence.

I t e m : It was covenanted and agreed by said deputies, in the names of their said constituents, that, since this contract of sale shall be valid and hold good henceforth from date, if any spices or drugs of any sort whatever be brought to any ports or parts of the kingdoms and seigniories of either of the said constituents, in charge of tbe vassals, subjects or natives of the kingdoms of the said emperor and king

1493-15291 TREATY OF ZARAGOZA 229

of Castilla or by any other persons whomsoever who may not be vassals, subjects, or natives of said kingdoms, then the said emperor and king of Castilla in his kingdoms and seigniories, and the said King of Portugal in his, shall be obliged to order and cause, and they shall order and cause, the said spices or drugs to be deposited securely, without him to whose kingdom they have been brought being so notified to do so by the other side; but they shall be deposited in the name of both, in the power of the person or persons whom ‘each one of the said sovereigns shall have ordered to take charge of said deposit in his lands and seigniories. The said sovereigns shall be obliged to urder and cause such deposit to be made in the manner abovesaid, whether the said spices or drugs are found in the possession of those who brought them; or in the power of any other person or persons, in whatsoever regions or districts they shall have been found. The said emperor and kings shall be obliged to give notification to this effect henceforth throughout all their kingdoms and seigniories, so that these instructions may be complied with and no one may plead ignorance of them. The said spices or drugs having been taken to any ports or lands that do not belong to either one of said sovereigns, provided they are not those of enemies, either one of them, by virtue of this contract, may require, in the name of both, and without showing any further provision or power of the other to the justice of the kingdoms and seigniories where said drugs or spices happen to be or to have been found, and they may order them to be deposited, and they shall be deposited. In whatsoever ports said drugs or spices are thus found, they will be under embargo and

2 3 0 T H E P H I L I P P I N E I S L A N D S [ V d . I

d e p o s i t e d b y b o t h u n t i l i t i s k n o w n f r o m w h e s e d e - m a r c a t i o n t h e y w e r e t a k e n . I n o r d e r t o a s c e r t a i n i f t h e p l a c e s a n d l a n d s f r o m w h i c h t h e s a i d s p i c e s o r d r u g s a r e t a k e n a n d b r o u g h t , f a l l w i t h i n t h e d e - m a r c a t i o n a n d l i m i t s w h i c h b y t h i s c o n t r a c t r e m a i n t o t h e s a i d K i n g o f C a s t i l l a , a n d i f t h e y c o n t a i n t h e s a i d s p i c e s o r d r u g s , t h e s a i d e m p e r o r a n d k i n g s s h a l l d e s p a t c h t w o o r f o u r s h i p s , a n e q u a l n u m b e r b e i n g s e n t b y b o t h . I n t h e s e a n e q u a l n u m b e r o f p e r s o n s f r o m b o t h s i d e s , s w o r n t o f u l f i l t h e i r o b l i g a t i o n , w i l l s a i l t o t h o s e p l a c e s a n d l a n d s w h e n c e t h e s a i d s p i c e s o r d r u g s w e r e s a i d t o h a v e b e e n t a k e n a n d b r o u g h t i n o r d e r t o a s c e r t a i n a n d d e t e r m i n e w i t h i n w h o s e d e - m a r c a t i o n a r e s i t u a t e d t h e s a i d l a n d s a n d p l a c e s w h e n c e t b e s a i d s p i c e s o r d r u g s a r e s a i d t o h a v e b e e n b r o u g h t . ‘ S h o u l d i t b e f o u n d t h a t s a i d p l a c e s a n d l a n d s a r e w i t h i n t h e d e m a r c a t i o n o f t h e s a i d e m - p e r o r a n d k i n g o f C a s t i l l a , t h a t t h e s a i d s p i c e s a n d d r u g s e x i s t t h e r e i n s u c h q u a n t i t y t h a t t h e y c o u l d m n a b l y b e c a r r i e d a w a y ; t h e n t h e s a i d d e p o s i t s h a l l b e g i v e n u p a n d f r e e l y d e l i v e r e d t o t h e s a i d e m p e r o r a n d k i n g o f C a s t i l l a , w i t h o u t h i s b e i n g o b l i g e d t o p a y a n y c o s t s , e x p e n s e s , i n t e r e s t s , o r a n y o t h e r t h i n g . I f , o n t h e o t h e r h a n d , i t b e d i s c o v e r e d t h a t s a i d d r u g s o r s p i c e s w e r e t a k e n f r o m t h e d i s - t r i a a n d l a n d s b e l o n g i n g t o t h e s a i d K i n g o f P o r t u - g a l , t h e s a i d d e p o s i t s h a l l b e c e d e d a n d d e l i v e r e d i n l i k e m a n n e r t o t h e s a i d K i n g o f P o r t u g a l w i t h o u t h i s b e i n g o b l i g e d t o p a y a n y c o s t s , e x p e n s e s , i n t e r e s t s , n o r a n y t h i n g w h a t s o e v e r . T h e p e r s o n s w h o . t h u s

i m p o r t e d s a i d d r u g s o r s p i c e s s h a l l b e p e n a l i z e d a n d p u n i s h e d b y t h e s a i d e m p e r o r a n d k i n g o f C a s t i l l a o r b y h i s j u s t i c e s , a s v i o l a t o r s o f p e a c e a n d f a i t h , a c c o r d i n g t o l a w . E a c h o n e o f t h e a f o r e s a i d , t h e e m -

1493-154 TREATY OF U l t A O O Z A 2 3 1

p e r o r a n d k i n g o f C a s t i l l a a n d t h e K i n g o f P o r t u g a l , s h a l l b e o b l i g e d t o s e n d a s m a n y s h i p s a n d p e r s o n s a s m a y b e r e q u i r e d b y t h e o t h e r . A s s o o n a s t h e s a i d s p i c e s o r d r u g s s h a l l b e d e p o s i t e d a n d p l a c e d u n d e r e m b a r g o i n t h e m a n n e r a f o r e s a i d , n e i t h e r t h e s a i d e m p e r o r a n d k i n g o f C a s t i l l a , n o r h i s a g e n t s , n o r a n y o n e w i t h h i s f a v o r o r c o n s e n t , s h a l l g o o r s e n d t o t h e s a i d l a n d o r l a n d s w h e n c e w e r e t a k e n t h e s a i d d r u g s o r s p i c e s i n t h i s m a n n e r 4 A l l t h a t i s s e t f o r t h i n t h i s s e c t i o n a b o u t t h e d e p o s i t o f t h e s p i c e s o r d r u g s , s h a l l n o t b e u n d e r s t o o d t o r e f e r t o t h e s p i c e s o r d r u g s w h i c h m a y c o m e t o a n y p l a c e s w h a t s o e v e r f o r t h e s a i d K i n g o f P o r t u g a l .

I r e m : I t i s c o v e n a n t e d a n d a p e d , t h a t , i n a l l t h e i s l a n d s , l a n d s , a n d s e a s w i t h i n t h e s a i d l i n e , t h e v e s - s e l s a n d p e o p l e o f t h e s a i d e m p e r o r a n d k i n g o f C a s - t i l l a o r o f h i s s u b j e c t s , v a s s a l s o r n a t i v e s o f h i s k i n g - d o m , o r a n y o t h e r s ( a l t h o u g h t h e s e l a t t e r b e n o t h i s s u b j e c t s , v a s s a l s , o r n a t i v e s o f h i s k i n g d o m s ) s h a l l n o t , w i t h o r w i t h o u t h i s c o m m a n d , c o n s e n t , f a v o r , a n d a i d , e n t e r , n a v i g a t e , b a r t e r , t r a f f i c , o r t a k e o n b o a r d a n y - t h i n g w h a t s o e v e r t h a t m a y b e i n s a i d i s l a n d s , l a n d s , o r s e a s . W h o s o e v e r s h a l l h e n c e f o r t h v i o l a t e a n y o f

* t h e a f o r e s a i d p r o v i s i o n s , o r w h o s h a l l b e f o u n d w i t h i n s a i d l i n e , s h a l l b e s e i z e d b y a n y c a p t a i n , c a p t a i n s , o r p e o p l e o f t h e s a i d K i n g o f P o r t u g a l a n d s h a l l b e t r i e d , c h a s t i s e d a n d p u n i s h e d b y t h e s a i d c a p t a i n s , a s p r i v a - t e e r s a n d v i o l a t o r s o f t h e p e a c e . S h o u l d t h e y n o t b e f o u n d i n s i d e o f s a i d l i n e b y t h e s a i d c a p t a i n s o r p e o p l e o f t h e s a i d K i n g o f P o r t u g a l a n d s h o u l d c o m e t o a n y p o r t , l a n d , o r s e i g n i o r y w h a t s o e v e r o f t h e s a i d e m p e r o r a n d k i n g o f C a s t i l l a , t h e s a i d e m p e r o r a n d k i n g o f C a s t i l l a , b y h i s j u s t i c e s i n t h a t p l a c e , s h a l l b e o b l i g e d a n d b o u n d t o t a k e a n d h o l d t h e m . I n t h e


meantime the warrants and examinations proving their guilt in each of the abovesaid things, shall be sent by the said King of Portugal, or by his justices, and they shall be punished, and chastised exactly as evil-doers and violators of the peace and faith.

Item: It is covenanted and agreed by said deputies that the said emperor and king of Castilla shall not, personalIy or through an agent, send the natives of his kingdoms, his vassals, subjects, or aliens (and although these latter be not natives of his king-

* doms, or his vassals or subjects), to the said islands, -

lands, and seas within said line, nor shall he consent nor give them aid or favor or permit them to go there, contrary to the form and determination of this contract. Rather he shall be obliged to forbid, suppress, and prevent it as much as possible. Should the said emperor and king of Castilla, personally or through an agent, send natives of his kingdoms, or his vassals, subjects or aliens (although these latter be not natives of his kingdoms, or his vassals or subjects), to the said islands, lands, or seas within the said line or consent to such a thing, giving them aid, or favor, or permitting them to go contrary to the form and determination of this contract; and should’ he not forbid, suppress, or prevent it, as much as possible, the said agreement of retro aedendo becomes null and void; and the said King of Portugal shall. no longer be obliged to receive the said sum, nor to sell back the rights and dominion which the said emperor and king of Castilla might have therein in any manner whatsoever, but which he has sold, renounced and delivered to the said King of Portugal by virtue of this contract, by this very act, the said sale shall remain complete and valid forever, as if at first it were

1493-15291 TRJXATY OF ZARAGOZA 233

made without condition and agreement to sell back.

However, since it may happen that, when ‘the aforesaid subjects, natives, or vassals of the said emperor and king of Castilla navigating as aforesaid in the southern seas, should meet with winds so tempestuous or contrary that they would be constrained by necessity to continue their course and navigation within the said line, they shall in such case incur no penalty whatever. On the contrary, when, in such circum- stances, they shall come to and anchor at any land included within the said line, pertaining by virtue of this contract to the said King of Portugal, they shall be treated by his subjects, vassals, and inhabitants of said land as the vassals of his brother, as in the same manner the emperor and king of Castilla would command me Portuguese subjects to be treated who should in like manner arrive at ports in his lands of Nueva Esparia or in any other of his ports. It is understood, however, that, when such necessity ceases, they shall immediately set sail and return to their part of the southern seas. Should the aforesaid subjects cross said line through ignorance, it is herein covenanted and agreed that they shall incur on that account no penalty whatsoever, and as long as it is not fully evident that they know themselves to be within the said line, they shall not turn about and go outside of it, as is covenanted and agreed in case of entering on account of tempestuous and contrary winds or necessity. But, when such a fact is quite evident, if it shall be proved that they have entered the line mali- ciously, they shall be punished and dealt with as those who shall enter the line as aforesaid and as is set forth in this contract. Should the aforesaid discover any islands or lands, while navigating within the said


line, such islands or lands shall belong freely and actually to the said King of Portugal and his successors, as if they were discovered, found, and taken possession of by his own captains and vassals, at such time. It is covenanted and agreed by said deputies that the ships and vessels of the said emperor and king of Cas- tilla and those of his subjects, vassals, and the natives of his kingdoms, may navigate and pass through the seas of the said King of Portugal, whence his fleets sail for India, only as much as may be necessary to take a due course toward the strait of Magalhanes- And if they violate the abovesaid, and sail farther over the said seas of the said King of Portugal than is mentioned above, both the said emperor and king of Castilla, if it is proved that they did it by his order, countenance, aid, or consent, and those sailing in this manner and violating the abovesaid, shall incur the above penaltie+ in the completeness set forth above in this contract.

Item: It was covenanted and agreed that if any of the subjects of the said emperor and king of Castilla or any others shall henceforth be seized and found within the said limits above declared, they shall be imprisoned by any captain, captains, or subjects whatsoever of the said King of Portugal and shall be tried, chastised, and punished as privateers, violators, and disturbers of the peace by the said captains. Should they not be discovered within the said line, and should afterwards come to any port whatever of the said emperor and king of Castilla, his majesty and his justices shall be obliged to seize nd imprison them, until the warrants and testimonies sent by the said King of Portugal, or his justices, shall have been presented. If proved guilty of the aforesaid offenses they shall

1493-15291 TRRATY OF ZARAGOZA a35

be punished and chastised to the limit as evil-doers and violators of the faith and peace, and of everything else set forth in this contract in regard to the crossing of said line by any subjects of the said emperor and king of Castilla, or any others by his command, consent, favor, or aid. It is understood that these penalties shall apply from the day when the subjects and people of the said Emperor now in and navigating those seas and regions shall be notified. Before such notification they shall not incur said penalties. It is to be understood, however, that the aforesaid refers to the people of the fleets of the said Emperor, which have until now gone to those parts and that no others be sent without incurring said penalties from the day of the signing of this contract, and henceforth during the time that the said sale be not canceled in the aforesaid manner.

1f~~: It was covenanted and agreed by the said deputies that the said King of Portugal shall not build nor order built for himself, or any other, any new fortress whatever in Maluco, nor within twenty leagues of it, nor any nearer Maluco than the line which is to be drawn according to this contract. It is covenanted unanimously by the said deputies of both sides that this provision shall take effect, namely, ‘from the time that the said King of Portugal can send there a notification to make no new fortress whatever; that is to say, in the first fleet which shall sail for India from the said kingdom of Portugal, after this contract shall have been confirmed and approved by the said constituents, and sealed with their seals. There shall be no new work whatsoever undertaken on the fortress which is already built at Ma- luquo, from the said time henceforth; it shall only be

236 THE PHILIPPINE ISLAND!3 [Vol. I

repaired and kept in the same condition in which it may be at the aforesaid time, if the said King of Portugal so desires; to the above he shall swear and promise full compliance.

Ztem: It was covenanted and agreed that the fleets, which heretofore have been despatched to those regions by the said emperor and king of Cas- tilla, be well treated in every way, by the said King of Portugal and his people; and that no embargo or obstacle to their navigation or traffic be imposed upon them. If there should be any damage, which is not looked for however, which they shall have received or shall receive from his captains or people, or shall anything have been seized from them, the said King of Portugal shall be obliged to give satisfaction, .restore, make good and pay immediately all such dam- ages suffered by the said emperor and king of Cas- tilla, and his subjects and fleets; he shall order the offenders to be punished and chastised and he shall allow the fleets and people of the said emperor and king of Castilla to come and go as they please, freely without any obstacle whatever.

Ztem : It is covenanted that the said emperor and king of Castilla command letters and instru&ons to be given immediately to his captains and subjects who are in the said islands that they do no more trading henceforth and return at once, provided that they be allowed to bring freely whatever goods they shall have already bartered, traded, and taken on board.

Item: It is eovenanw 8grM and provided that in the instructions and letters relating to this covenant and contract, which arc to be given and despatched by the aaid emperor and king of Castilla, it shall declare that this statement, instruction, and contract as

1493-15291 TREATY OF ZARAGOZA 237

above made is as binding as tbough it were made and passed in the general courts, with the express consent of the attorneys thereof; and to make it valid by his royal and absolute power, which, as king and natural lord, recognizing no temporal superior, he may exercise and shall exercise, abrogate, abolish, repeal, and annul the supplication made by the attorneys of the cities and towns of these kingdoms at the court held in the city of Toledo, in the past year, five hundred and twenty-five, concerning the irade of the said islands and lands, the reply given to it, and any law that was made on this subject in the said courts or in any others that may conflict with this.

Item: It is hereby covenanted that the said King of Portugal promises to command manifest, sincere, and summary justice to be executed, because certain subjects of the said emperor and king of CasWa and other aliens of his kingdoms who entered his service tomplain that their possessions have been seized by his House of Trade in India and in his kingdoms, without any respect to the annoyance caused them thereby, because they have entered the service and did serve the said Emperor.

Ifern: It was covenanted and agreed by the said deputies in the names of their said constituents that the treaties negotiated between the said Catholic sovereigns, Don Fernando and Dofia Ysabel and the King Dom Joam the Second of Portugual in regard to the demarcation of the Ocean Sea shall remain valid and binding ia toto and in eveq particular, as i s therein contained and declared, cxccpting ~WW things which are otherwise covenanted and agreed upon in this contract. In case the mid emperor and king of CasGlla returns the sum which according to


this contract is to be given in the manner aforesai& thus canceling th! sale, the said treaties negotiated between the said Catholic sovereigns Don Fernando and Doti Ysabel and the said King Dom Joam the Second of Portugal, shall remain in full force and power, as if this contract were not made; and the said constituents shall be obliged to comply with it in every respect, as is therein stated.

Item: It is covenanted and agreed by the said attorneys that although the rights and dominion which the said emperor and king of Castilla claims to possess in the said lands, districts, seas, and islands and which he sells to the said King of Portugal in the manner abovesaid are worth more than half of the just price given, and the said emperor and king of Castilla has certain definite knowledge through exact information of persons who are experts on the subject, and who have investigated and ascertained definitely, that said rights are of much greater value and worth, more than half of the just price that the said King of Portugal gives to the said emperor and king of Castilla he is pleased to make him a gift of it, as he does in fac5 which from the said day henceforth shall be valid between the living, of the said CXCUM in value above the half of the just price, however great that excess may be. This excess in value above the half of the just price, the said emperor and king of Castilla relinquishes for himself and his suc- cea&ois, and dis nites the same from the royal crown of his kingdoms forever, and delivers it entire to the said King of Portugal, to him and to his successors and crown of his kingdoms, really and effectually, in the aforesaid manner, and during the time of this contract

1493-15291 T R E A T Y O F Z A R A G O Z A 2 3 9

[ T h e t r e a t y p r o v i d e s f u r t h e r t h a t h e w h o m a y v i o - late its provisions in any way, shall lose all his rights therein, and shall in addition pay a fine of two hundred thousand ducats to the other. The Pope is to b e a s k e d t o c o n f i r m i t b y a b u l l , i m p o s i n g t h e p e n a l t y of excommunication for its violation. The deputies promise most fully and under oath that their re- s p e c t i v e c o n s t i t u e n t s s h a l l o b s e r v e a l l t h e p r o v i s i o n s . J

PAPAL WLL, EXIMLB November 16, 1501

SOURCE: See Bibliographical Data at end of this volume.

TRANSLATION: By Rev. Thomas Cooke Middleton, O.S.A.

B U L L , E X I M I A 3 - N O V E M B E R 1 6 , 1 5 0 1

A l e x a n d e r , b i s h o p , s e r v a n t o f t h e s e r v a n t s o f G o d : t o t h e C a t h o l i c s o v e r e i g n s o f S p a i n - F e r d i n a n d t h e k i n g , d e a r e s t s o n i n C h r i s t , a n d t o E l i z a b e t h [ I s a - b e l l a ] t h e q u e e n , d e a r e s t d a u g h t e r i n C h r i s t , h e a l t h a n d A p o s t o l i c b l e s s i n g . T h e s i n c e r i t y o f y o u r g r e a t d e v o t i o n a n d t h e u n s w e r v i n g f a i t h w i t h w h i c h y o u h o n o r u s a n d t h e R o m a n C h u r c h m e r i t , a n d n o t u n - w o r t h i l y , t h a t y o u r w i s h e s , e s p e c i a l l y t h o s e r e l a t i n g t o t h e s p r e a d o f t h e C a t h o l i c f a i t h , a n d t h e o v e r - t h r o w o f i n f i d e l a n d b a r b a r o u s n a t i o n s , s h o u l d b e f r e e l y a n d p r o m p t l y g r a n t e d . I n d e e d , o n y o u r b e - h a l f , a p e t i t i o n r e c e n t l y l a i d b e f o r e u s s e t f o r t h t h a t , i m p e l l e d b y p i o u s d e v o t i o n f o r t h e s p r e a d o f t h e C a t h o l i c f a i t h , y o u g r e a t l y d e s i r e - i n a s m u c h a s q u i t e r e c e n t l y , a n d n o t t i i t h o u t g r e a t e x p e n s e a n d e f f o r t o n y o u r p a r t , y o u b e g a n a n d f r o m d a y t o d a y c o n t i n u e t o d o m o r e t o w a r d t h e c a p t u r e a n d r e c o v e r y o f t h e i s l a n d s a n d r e g i o n s o f t h e I n d i e s , t o t h e e n d t h a t i n t h o s e l a n d s w h e r e v e r a n y a c c u r s e d b e l i e f o b t a i n s , t h e M o s t H i g h s h o u l d b e w o r s h i p e d a n d r e v e r e d ; a n d i n a s m u c h a s f o r t h e r e c o v e r y o f t h e i s l a n d s a n d r e - g i o n s a f o r e s a i d , i t w i l l b e i n c u m b e n t u p o n y o u t o i n c u r h e a v y e x p e n s e s a n d u n d e r g o g r e a t p e r i l s , i t i s

e x p e d i e n t t h a t f o r t h e c o n s e r v a t i o n a n d m a i n t e n a n c e o f t h e s a i d i s l a n d s , a f t e r t h e i r c a p t u r e a n d r e c o v e r y


by you, and for the defraying of the expenses necessary for the conservation and maintenance of the same,- you should be empowered to exact and levy tithes Is6 on the inhabitants of the aforesaid islands and dwellers therein for the time being. On this account we have been humbly petitioned on your behalf to deign through our apostolic graciousness to make in the premises suitable provision for you and your state. Therefore yearning most eagerly for the spread and increase of that sarn? faith particularly in our own days, we commend in the Lord your loving and praiseworthy purpose, and being favor- ably disposed thereto we hereby through our apostolic power in virtue of these presents do as a special favor grant to you and your successors for the time being that in the aforesaid islands after their cap- ture and recovery (as observed) you may receive a tithe from the inhabitants thereof and the dwellers therein for the time being, and levy the same freely and lawfully, providing after dioceses shall there be established (whereon we charge your consciences as well as your successors’), you first from your own and their estate shall really and effectively devise a sufficient revenue for the establishment of churches in those islands through you and your aforesaid successors, whereby the incumbents of the same and

la* Ordinarily the tithes in each diocese were divided into four dual parts - of which one was set aside for the bishop, and one for the chapter. Then the other two were divided into nine portions ~nove~~iij, whereof one aud one-half were for the ~&icu of the church (the corporate body who administered its temporal- ities, consisting of the cum and churchwardens), four for the Purroco~ (parish priests) and lower clergy, one and one-half for the hospitals, and two for the King- all hut this last heing variable. See Baluffi’s Amticu en temeo Qag~uoZe (Ananu, IQ.4) ii, p. 41.- REV. T. C. MIDDL~N, 0. S. A.

1493-15291 PAPAL BULL, EXIMLE 245

their administrators may support themselves suitably, carry on the necessary work of those churches for the time beihg, as well as celebrate rightly the divine worship of Almighty God, and fulfil all diocesan requirements. The Lateran Council, other apostolic constitutions and ordinances or other decrees, to the contrary notwithstanding. Let no one then infringe this our grant, nor dare with rashness to contravene its provisions. But should any one presume to set it at naught, let him recognize that he has thereby incurred the displeasure of Almighty God, and of the Blessed Apostles Peter and Paul. Given at Rome at St. Peter’s, in the year of the incarnation of our Lord one thousand five hundred and one, the sixteenth day of November, the tenth year of our Pontificate.

[The signatures and authorizations follow.]

RESUME OF CONTEMPORANEOUS DOCU- MENTS - 1518-27

[P+-efuto~y Note: The scope of the present series does not demand the publication in &errs0 of many documents on this subject. Those who wish to study it in detail will find abundant material in volume iv of the Coleccion de viuges published by Navarrete (Madrid, 1829) ; we present only a brief resumk of these documents, inserted here to preserve the con- 6

tinuity of our narrative, and to indicate to students the extent and scope of such material.180

Navarrete precedes these documents by a brief and somewhat imperfect summary ot early discoveries ; a biographical sketch of Magalhges, with proofs, citations, etc., by way of authentication thereof-these citations being drawn from the authors Fray Antonio de San Roman, Herrera, Gomara, Mufioz, Quintana, Barros, Maximilianus Transyl- vanus, Argensola, and others; a letter by Ruy Fa- lero; extract from Magalhges’s will ;“O a memoran-

l*e The documents published by Navarrete in full, or in copious extracts, are the most valuable ; and they are usually such as are otherwise comparatively or wholly unknown. lt is to be regretted that Navarrete has modernized the spelling, and otherwise ” irnz proved ” the text; but the originals are presented in all essential features, and fo!m a valuable collection of early documentary material.

lso An extract from Magalh&s’s first will (December 17, 1504) and the whole of his second (August 24, 15x9) are given


dum addressed by him to the emperor; “I and a com- pilation from early authors and from the documents that follow, giving full citations of authorities. The documents here mentioned are given by Navarrete in the appendix to volume iv, at pp. I 10-406; some of them have been already presented in connection with the Line of Demarcation.]

Valladolid, February 23, 15 18. Rui Fa$er (Ruy Falero) and Fernando Magall&nes,le* both Portu- guese, bind themselves to deliver to the factor of the India House of Trade at Seville the eighth part of everything they may find in their discoveries in lhe spice regions. This is promised in the following

words : ” Know all ye who shall see this public testa- m&t that we, Rui Fallei, citizen of Cunilla, in the kingdom of Portugal, and Fernando de Magallines, citizen of the city of Puerto [Oporto], in the same kingdom, consent, make manifest, and declare that, inasmuch as it has been agreed between us, as parties of the first part, and you, Juan de Aranda, Factor for the King, our Lord, and citizen of the city of Burgos, in the House of Trade of the Indies of the city of Se-

iq English translation in Guillemard’s ,?& of IkZagellun, London, 1890, appendix ii, pp. 3 16-326.

m He therein petitions that the sum of twelve thousand five hundred maravedis, allowed him for his services, be paid to the convent of Vitoria at Triana.

lo2 perngo de .Magalhges was a native of Oporto, and of noble lineage. In early life he entered the Portuguese army, in which he rendered distinguished service ; from I 505 until probably ISI I he was in India. Finding no opportunity for p.romotio? in Portugal, he transferred his allegiance .( 1518) to the King of Castile, and promised the latter that he would discover a new route to M.oluccas. Magalhges set out ori this expedition September 20, 1519, with five ships, and discovered the strait which bears his name; he also discovered and explored partially the Philippine Archipelago, He was slain in a fight with the natives in the island of Matan,,April 27, 1521.

1493-15291 RESUME OF DOCUMENTS 251

villa, as party of the second part, that of all gain and income pertaining to us from the discovery of lands and islands (which if God wills we are to discover and find in the lands, limits, and demarcations of our LMaster the’ King, Don (310s) you shall have the eighth part. And we shall give this to you from

all the income and gain accruing to us therefrom, whether in money, allotment, or rent, or by virtue of our office, or. in anything else whatever, of whatever quantity and quality, without any shortage, and without deducting or excepting anything whatever

of our possessions.” They promise this in extended terms and under oath. The.factor approves the document and promises to abide by all its provisions.

(No. i, pp. I I 1-113.)

March, 1518. The’ same two men in an unsigned

document petition the king on various matters connected with the proposed expedition. To each section is appended the monarch’s objections, approbations, or other remarks.

I. That no permit be given for ,ten years to any other person to make an expedition of discovery in those regions “where we are about togo, . . . if we desire to undertake such discovery, with as sufficient equipment and as many ships as the other;” and that they be informed of such tentative expeditions, so that they may go themselves or commission agents.

2. That they receive the twentieth part of all profits after expenses are paid, with the title ofead- miral, and the governorship for themselves and heirs of all lands discovered.

3. That they be allowed to employ in the newly- discovered lands as they see fit, one .thousand ducats worth of merchandise (first cost) each year, giving


to the king the twentieth part, without other rights or taxes.

4. That they be allowed to choose for themselves two islands, if the number discovered exceeds six, giving to the crown ten per cent of all profits therefrom.

5. ,That one-fifth of all net profits derived from the expedition be allotted them on its return, and that .

each year they may carry one hundred quintals’ weight of merchandise in any ship sailing from those regions.

6. That the twentieth part of all profits accruing from the royal ships or any others be given them for ten years.

7. That if his Highness undertake at his cost the armament of the fleet, they promise to prove to him the vast wealth of the lands and islands that will be discovered within his dominions.

8. That if one of them die on the expedition the other, or his heirs and successors, be ordered to fulfil everything as if both were living.

9. That the king order the strict observance of the above.

If the king prefers them to assume the expenses of the expedition they propose the following:

I. That all the lands and islands discovered by them or their agents belong to them ” with all traffic, seigniory, and government,‘* giving to the crown one-fifth of all net profits.

z. That no other ships, either of the king or any other person, be allowed to trade in such lands, under penalty of confiscation by the petitioners.

3. That no other commissions for expeditions of diseoverybe given for ten years.

1493-15291 RESUME OF DOCUMENTS * 253

4 and 5. Provision in case of death, and provision for fulfilment. (N o. ii, pp. I 13-116; &de zizfru,

“ Instructions to Carthagena,” p. 280.)

Zaragoza, July 20, 1518. The King writes to the officials of the House of Trade, approving the con-

templated expedition, and regarding the, expendi- tures of moneyi and the fitting out of the fleet“” (No. v, pp. 122, 123.)

October 24, 1518. Magallines writes the king enumerating and amplifying certain information and requests concerning the fleet, contained in a letter written by him to his majesty on the fifteenth of the same month. This letter had been despatched by a post sent by the House of Trade. Besides giving a full account of the preparations of the fleet,‘04 it begs that the balance of the 16,ooo ducats, ” without which we cannot finish ” be provided; and that the 5400 du-

, cats lacking be taken from the I 1,000 ducats in the

house. He asks also an increase of the 3,000 ducats for merchandise, “ since the profits accruing therefrom might be twenty-fold, estimating conserva-

. tively; and therefore I desired all the gain to be your Highness’s.” Also, he asks that the officials pay for the armament, weapons, and powder of the fleet,

‘which have been paid out of the 16,000 ducats, but

le3 Navarrete presents only an analysis of this letter. IO* An itemized account (condensed) of the expenses involved

in the preparation and equipment of the fleet is given by Navarrete, no. xvii, pp. 162-182. An English translation is presented in Guillemard’s Life of Mafellan, appendix iv, pp. 3zg-3$5. From a comparison of the two, it appears that the Iatter had access to the original documents at Seville. Few slight differences occur between them. The figures as given. by Navarretc show several errors. The student will do well to examine both of these lists. No. xviii in Navarrete, pp. 182-188, shows the amounts and distribution of the food and other stores carried.

2.54 ’ THE PHILIPPINE ISLANDS [Vol. I

which the king was to provide. He complains of the antagonism of the officials at Seville, .relating a serious conflict that had taken place two days before. He had caused his banners, bearing his arms to be flung from one of the vessels. The Spaniards, in- cited thereto, claimed that they were those of the King of Portugal, and attempted to *arouse sentiment against him and cause his arrest. This evil treatment, in which he did not receive the aid and countenance of the officials, he says, was not done to him “ as Fernando de MagallAnes, but as your highness’s Captain.” lo6 (No. vii, pp.. I 24- I 27.)

March 30, 1519. By a royal decree Luis de Men- doza is appointed treasurer of the fleet, and 60,ooo maravedis are assigned as his annual salary during the voyage. Juan de Cartagena is appointed inspector-general, u and he shall exercise the duties of that trust in accordance with the instructions [q. v,

fiostj given him under the King’s signature.” He is to receive “ 70,000 maravedis from the time of the departure of the fleet from Spain until its r&urn.”

1*6 Navarrete says, it ~pru, p. xiii, that the officials of the House of Trade were always hostile to Magallhnes. The Portu- guese machinations to cause the defeat and ruin of the expedition and the efforts put forth to induce MagaUnes to return to his alIegiance are well shown in two documents. The first is a letter written the Portuguese king by Alvaro da Costa, September 28, 1518. Navarrete, no. vi, pp. 123, 124, gives a Spanish extract made by Mufioz from the original in Portugal, and Guillemard, ut ~u#w, pp. 113-116 (see also note, p. I 16), gives in part an English translation. The second document is a letter written from Seville, July 18, 1519, by the Portuguese factor Sebastian Alvarez to the King of Portugal. Navarrete, no. xv, pp. 153- 15.5, g.ives a Spanish extract made by Muiioz. The Portuguese of the entire letter is published in Alguns Documentos, pp. 431-4yj.

Guillemard, ut s@z, PP. 130-134, gives an English translation of its essential portions, which is borrowed, in part, by Butter- worth in 8tory of Ma&an, pp. 46-48, New York, 18gg.

r493-W91 RESUME OF DOCUMENTS 255

The latter is also appointed “ Captain of the third

ship of the fleet of Fernando Magallhnes and Rui Falero,” “ with an annual salary of 40,ooo maravedis.” (Nos. viii-x,lW pp. 127, I 28.)

April 6, 1519. Gaspar de Quesada is appointed ” Captain of the fourth or fifth ship of the fleet in the expedition of discovery of the spice regions, and Antonio Coca accountant, who shall have account of everything contained in the shibs, giving note of everything to the Treasurer.” The latter is to re-

ceive 50,000 maravedis a year. (Nos. xi, xii, pp. r 28, I 29.) I*’

Barcelona, May 5, 1519. A letter from the king to the “ officials of the House of Trade of the Indies ” states that there are to be two hundred and thirty-five men “* in the fleet, and orders, “ because calculation would have to be made for them in the provisioning and in other things, if there were a greater number,” “ that they do not allow, or give place in the said fleet, for any reason whatsoever, for more than the two hundred and thirty-five men.” They may even specify a less number if it seems expedient. “ All the seamen &ho sail in the said fleet shall be received under the supervision of our Captain Fernando de Magallanes, as he is the most experienced in such things.” Full declarations in writing must be made of the route to be followed and a copy shall be given to each pilot. The officials are ordered to buy from Magallanes the excess of powder, arms, etc., that has been provided for the fleet, “ since it can be used in 5

“’ All these are synopses of the documents. *w Ibid.

m More than this number actually sailed ; see ~uillcrnard, Life of MateHan, p. 336.


other things,” paying him what it cost. (NO. xiii, pp.

129, 134 Barcelona, May 8, 1519. The instructions given

to Magallines and Falero discuss more or less fully such points as the method and manner of navigation (information as to routes given to the other captains and pilots, method of signaling at night, and manner of procedure in case the vessels become separated) ;

treatment of natives found, treatment of other vessels found trading in these spice regions, “ within our demarcation,” such treatment differing if the vessels are those of Christians or of Moros (Mahometans) ;

ransoms and exchange of prisoners; trade with the natives ; division of prize-money; reprovisioning the ships ; giving of rations; keeping of accounts ; regulations concerning firearms; penalties for dis- obedience to the captain-general; the taking of oaths ; morals ; discoveries ; weights and measures in trading; deaths of officers of the fleet, and the cargo. Above all, the domains and demarcation of the Portuguese monarch must be respected. The exact location of all lands must be noted, and if these are inhabited they are to u try to ascertain if there is anything in that land that will be to our interest.” The natives mu,st be well treated, in order that food and water may be obtained. When the land of spices is reached ” you will make a treaty of peace or trade with the king or lord of that land.” As high a valuation as ‘possible is to be placed on

’ the articles traded from the ships. The inspector- general and accountant shall note everything in their books. Other vessels found in the spice regions shall, if Christians, be warned not to trade further without permission, under penalty of seizure

1493-w91 RESUME OF mUMENTS 257

and confiscation of property; if Moros, “ not of the lands of our demarcation, you shall seize them in fair war,” and the gold, etc., found in their ships must be noted carefully in the books. Moros who may, by their rank, avail for ransom are to be well treated,

‘but they may be sold as slaves. If Moros are found “who are of our demarcation,” they must be well

treated; and a treaty must be made, if possible, with their king or seignior. If they do not desire peace, then the Castilians may exerciie a certain amount of cruelty against them to serve as a warning. Of the prize money or merchandise of captured ships, certain percentages are to be given to all, these portions varying. The King’s share (one-fifth of the amount remaining, after deducting certain sums that go to the captain-generals, and the one-twentieth for the redemption of captives) is to be set apart for him. One-fifth of what remains shall be given the captain- generals. The remainder is to be divided into three parts, “ ,of which two parts are for us and, the ships, and one for the crews.“. Of the latter, ten parts are to be used for religious purposes. Good treatment is to be accorded the natives in order that pleasant trade-relations may be established. The physicians and surgeons are to take no money from the natives for medical services, not even from their enemies who are wounded in war. And the captain-generals must see that the men have no intercourse with the native women, Entire freedom must be accorded to

’ ewq one to write what he pleases to Spain; and no letter must be seized, under penalties to be imposed by the captain-generals. They must guard against fire. In case of the death of any of the crew, it is advisable to get slaves to fill their places. Rations


are to be given every two days, “ and if it becomes necessary to shorten rations, they shall be shortened.” Dissatisfaction as to the length of the voyage must not be expressed. The firearms are not to be dis- charged on any newly-discovered land, “ because the Indians fear this more than anything else.” No weapons shall ,be sold, under penalty of loss of all property to the one so doing. Blasphemers, and card- and dice-players are not to be allowed to ship with the crew. The captain-generals have power to devise and execute punishments against disobedient men of their crews. Oath shall be taken before the captain-generals by all their crews to observe obedience and the King’s service. If it is necessary to seize water and provisions because of the hostility of the natives, it shall be done, but with as little scandal and show of force as possible. Samples of all products must be brought from the lands discovered. “ Ready- made clothes and other articles to give to the kings and other princes of these lands shall be carried.” “ And if the kings or seigniors of the land give any jewels or presents, they shall be ours, and the inspector-general or accountant shall place them in charge of the treasurer.” No presents shall be given without permission of the officers of the fleet. Every- thing traded must be noted carefully and minutely in the books of the inspector-general and accountant. If the return cargo is spice, it must be obtained as clean as possible. The ships’ cargoes must be traded first before any private affairs are attended to. Full notices must be made in the books regarding each memher of the crew - his ’ father and mother, whether he is single or married, etc., in order that his heirs may be known. Each person before embarking

1493-15291 RESUME OF DOCUMENn 259

must have attended confession and communion. In case any officer dies, another is to be elected in his stead; but one-half of all the pay, etc., that would fall to the said officer shall be given to his heirs, and the other half shall go to the one taking his place. Any Portuguese or other Christians found in the lands discovered must be treated well, in order to gain information from them. “ If by any chance you should meet ships from Portugal within our limita, bid them quietly to leave the land, because in their own requirements given by our very dear and well- loved uncle and brother, it is forbidden to them to enter or discover in the lands and limits belonging to us, and the same is forbidden to you by us.” The cargoes must be given up by such ships, if not peace- ably, then by means of force, provided “ you can seize it without much loss to yourself.” A list ia appended of the amount of freight that each one may take in the vessels. A copy of these instructions is to be given to Juan de Cartagena, the inspcctor- general. This document was copied from his boob by the secretary Joan de Samano in 1524. (No. xiv, pp. 130-152.)

Seville, I 5 19 The officials of the house of trade show to Magalhiles an order from the King (dated at Barcelona, July 26, 1519), “ by which his High- ness orders that the commander Rui Falero remain behind and not go as captain jointly with him in the fleet which his Highness orders to be prepared for the spice regions; and also that the said official judges name and appoint the stewards sailing in the said fleet, and as secretaries of the ships of the said fleet shall go those appointed by the said commander WagalhEes~,if they are natives [of his kingdomal.”


Juan de Cartagena is appointed in Ruy Falero’s place as co+z~u persorzu, and Francisco, brother of Ruy, is appointed captain of one of the ships. .Ma- galhges says in his cbmmunication to the officials of the House of Trade that he consents to Falero remaining behind, provided the latter surrender ‘to them and to him the “ elevations of east and west longitude, with all the rules accompanying them, that they may remain in the said house and be kept in .the said fleet.” He justifies. the first appointment of two Portuguese stewards; both of whom he declares to be good and .faithful men. “If they should prove unfaithful then they shall be removed.” As for his Highness ordering that “ no Portuguese seamen sail in the fleet,” these men had been accepted by the masters of the said ships, and Magalhges “ received them as he did many other foreigneq- namely, Venetians, Greeks, Bretons, French, German, and Genovese,- because, at the time he took them, natives of these kingdoms were lacking.“’ He signifies his willingness to accept others in place of the Portuguese, provided they make no extra expense. In regard to the order not to ship Poruiguese, if such a cause could be shown in the contract that he and Falero made with the King at Barcelona he would keep it; but otherwise he “ would keep only the contract and instructions given to him in Barcelona.” .He would not obseme anything contrary to this contract, even if ordered by the King and Council. That the King wishes no change in the instructions is evident, because Juan de Cartagena has been ordered not to make any innovation. Magalhaes riotifies thk officials not to interfere with his taking the Portu- guese who had shipped in the fleet; the blame wili be

1493~w91 RESUME OF DOCUMENTS 261

theirs if, now, when everything rs in readiness, they obstruct in any way the expedition. The official8 of the house of trade reply, asking Magalhaes to keep the commands that have come from the ping. Ruy Falero will give up all that is needed.’ They believe that the two Portuguese stewards appointed by Magalhges are honest men; but it is. against the king’s orders .to carry men of that nation. Lettera from the king are cited to the effect that Magalhaa and Falero. take only four or five Portuguese apiece. They urge him to live up to these orders. (NO. xvi, pp. 156-162.)

’

September, I 5 19. On setting out upon his voyage MagalhIles leaves for the king a memorandum of the latitudes and location of the Spice Islands, and the shores and principal capes rn the Castilian demarcation, “ because some time the Portuguese King may try to declare that the islands of Maluco are within his demarcation.!’ He bids the king keep this memorandum carefully, for there may be a time when it is necessary. (No. xix, pp. 188, 189.)

On the nineteenth of April, 1520, while at port San Julian, Magalhges ordered an investigation of a petition presented by Alvaro de la Mezquita, captain of the ship “ San Antonio.” The petition states that on the first of April Gaspar de Quesa.da and Juan de Cartagena appeared at Mezquita’s ship, took him prisoner, and made themselves masters of the vessel. Quesada refused to liberate the prisoner at the request of the master, and checked the intended resistance of the remaining officers and crew of the “ Sin Antonio ” by severely wounding thh master, Juan dc Elorriaga and ordering the others disarmed. The mate was taken prisoner, and carried to the “ Con-

LIST OF ROMAN PONTIFFS

Alexundeb YZ (,Rodrigo Borgia, or Lcn%uoli).- Born Jan. r, 1431; b e c a m e p o n t i f f , Aug. II, 1492; died Aug; 18, 1503.

Pks III ( Francqco Todischini E!iccolon6ni) .- Born May 9; 1439; +canx pontiff, Sept. 2 2 , I S - ;

died Oct. 18, 1503. Julius II (Guiliano della &w&e) .- Born. Dec.

15, 1443; bcc2me pontiff, Oct. 3’~ or NOY. I , I S - ;

disd Feb. 2, 1513. Leo X (Giovanni de’ Mcdici) .- Born Dec. I I . ,

$475; became pontiff, March II, 1513; died Dec. I, 1521.

ZZudtiumts VZ (Elurhn Boyers) .- Earn Mar. 2, 1 4 5 9 ; became pontiff, Jan, 9, 1522; died Sept. 1 4

1523. ~krne~:~ YZZ (hlio de’ Medici) .- hn 1475

( ?) ; became pontiff, Nov. 1% 1523; died Sept. ~6,

15340 Puulus ZZZ (Alessandro Farnew) .- Born Feb.

28,1468; became pontiff, Oct. 13,1534; dieaNov. 1%. 1 $49*

Juhs ZII (Giovanni Marim de Ciocchi de1 ,Monte) .- Born Sept IO, 1487; became pontiff, Feb. 8, 1550; died Mar. 23, 1 5 5 5 .

348 THE PHILIPPINE IStiNDS [Vol. I

Marcellus IZ (Marcello Cervini) .- Born May 6, 1501; became pontiff, Apr. 9, 1555; died May I,

*s!x Paths IV (Giovanni. Pietro Caraffa) .- Born

June 28, 1476; became pontiff, May 23, 1555; died Aug. 18, 1559. Ps'w ZV (Giovanni Angelo de’ Medici) .- Born

Mar. 31, 1499; became pontiff, Dec. 26, 1559; died Dec. 9, 1565.

Rus Y (Michele Ghisleri) .- Born Jan. 17, r504; became pontiff, Jan. 7, 1566; died May I, 1572,

G~egotk XZZZ (Ugo Buoncompagno) .- Born Feb. 7, I 502 ; became pontiff, May ~3, I 572; died Apr. IO, 1585. ‘ ‘&‘xtus Y (Felice Peretto) .- Born Dec. 13, I~!I ;

became pontiff, Apr. 24, I 585 ; died Aug. 27, 1590, Urbunus VZZ * (Giovanni Battistd Castagna) .-

Wn Aug. 4, I 52 I ; became pontiff, Sept. IS, 1590; died Sept. 27, 1590.

Greg&w XZV (Nicola Sfondrati) .- Born Feb. 11, ‘1535; became pontiff, Dec. 5, 1590; died Oct. 15, 1591.

1*noceRk IX (Giovanni Antonio Facchinetti) . -$Born July 20, 1519; became pontiff, Oct. 29, 1591; died Dec. 30, 1591. ,I, Ckwns VZZI (Ippolito Aldobrandini) .- Born

Feb. 24,: 1536; became pontiff, Jan. 30, 1592; died Mar. 3, 1605..

Leo XI (Alessandro Ottaviano de’ Medici) .- Born 1335 ; becume pontiff, Apr. I, 1605; died Apr. 27, 1%.

Puulus V (Camillo Borghese) .- Born Sept. 17, 1552; became pontiff, May 16, 1605 ; died Jan. 28, 1621.

1493-15291 CHRONOWICAL TABLJ33 349

Gregorzk XV ( Alesshdro Ludovisio) .- Born iayi;; 1554; became pontiff, Feb. 9, 1621; died July

9 .

U~bmw VIII (Maffeo Barberini) .- Born Mar. 26, 1568; became pontiff, Aug. 4 1623 ; died July

29, 1644. Iwzocer~r&~ X (Giovanni Battista Pamfilio) .-

Born Mar. 7, 1572 (or 1573) ; became pontiff, Sept. 15, 1644; died Jan. 7, 1655.

A/exunder VIZ (Fabio Chigi) .- Born Feb. 13 1599; became pontiff, Apr. 7, 1655 ; died May 22,

1667. Clemens IX (Giulio Rospigliosi) .- Born Jan. 28,

16~; became pontiff, June 20, 1667; died Dec. 9, 1669.

Clemens X (Giovanni Battista, Emilio Altieri) ,- Born July 15, 1590; became pontiff, Apr. 29, 1670; died July 22, 1676.

Innocentius XI (Benedetto Odescalchi) .- Born *

May 16, 161 I ; became pontiff, Sept. 21. 1676; died Aug. 12, 1689.

Aiexunder VIII (Pietro Ottoboni) .- Born Apr. IO, 1610; became pontiff, Oct. 6, 1689; died Feb. I 1691.

IWZOC~TZ~~ZU XII (Antonio Pignatelli) .- Born Mar. 13, 1615; became pontiff, July 12, 1691; died Sept. 27, 170~1.

Clemens XI (Giovanni Francesco Albani) .- Born July 23, 1649; became pontiff, Nov. 23, 17oo; died Mar. 19, r721.

Innocentiw XIII (Michel Angelo Conti) .- Born May 15, 1655; became pntiff, May 8, 1722; died Mar. 7, 1724.

Benedictus XIII (Vicenzo Marco Orsino) .-


Born Feb. z, 1649; became pontiff, May 29, 1724; died Feb. 2 1 , 1730.

CZernens XII (Lorenzo Corsini) .- Born Apr. I I

( ? ) , 1652; became pontiff, July 1 2 , 1 7 3 0 . ; died Feb. 6,

r74o. &W&C~US XZV (Prosper0 Lambertini) .- Born

Mar. 31, 1675; became pontig, Aug. 17, 1740; died

May 31 1758. Clemens XZZZ (Carlo Rezzonico) .- Born Mar.

’ 17, 1693; became pontiff, July 6, 1758; died Feb. 2 ,

1769. CIemew XZV (Giovanni Vincenzo Antonio Gan-

ganelli) .- Born Oct. 31, 1705; became pontiff, May 19, 1769 ; died Sept. 2 2 , 1 7 7 4 .

f % u V I (Giovanni Angelo Braschi) .- Born Dec. 27, 1 7 1 7 ; became pontiff, Feb. 15, 1775; died Aug.

29, 1799. Z%w FZZ (Gregorio Barnaba Luigi Chiaramonti),

. -Born Aug. 14, 1742; became pontiff, Mar. 14, I,@; died Aug. 20, 1823.

LIST OF THE RULERS OF SPAIN

HOUSE OF $XSTILM rhND AItAGON

Isabel I of ca.Ma~- Born at Madrigal de las Altas Torres (Avila), April zz, 1451; daughter of Juan II of Castilla and Isabel of Portugal. Married Fernando i1 of Arag6n, Oct. 18 or 19; 1469. Suc- ceeded her brother Enrique IV on the throne of Castilla and Leon; proclaimed queen Dec. 13, 1474. Died at Medina de1 Camp0 (Valladolid), Nov. 26, 1504. Named as her heirs her daughter Juana and the latter’s husband, Philip of, Austria; and appointed Fernando (now V of Castilla) regent of Castilla and Le6n during the minori.ty of Juana’s son Cklos. Fernando and Isabel were styled “ the Catholic Sovereigns.”

Fernando Y of Castdla (II of Arag6n and Navar- ra) .- Born at Sos (Zaragoga), May IO, qp; mn

of Juan II and Juana Enriquez of Arag& and Navarra. Died at Madrigalcjo, Jan. 23, 1516. ’ During Isabel% life, was king-consort, and governed her dominions only by virtue of this relation; after her death, was regent only of Castilla, which dignity he held until hia death, except from June 27, I@, to Au.g: 21, I sq, during w,hich period he retired to Arag&, in favor of Juana’s husband Philip. Inher- iting .the throne of Aragbn and Navarra (Jan. 20, 1479), his marriage with Isabel (1469) and their

3 5 2 T H E P H I L I P P I N E I S L A N D S [ V o l . I

c o n q u e s t o f G r a n a d a ( 1 4 9 2 ) u n i t e d u n d e r o n e m o n - a r c h y t h e p r o v i n c e s n o w c o m p r i s e d i n t h e c o u n t r y o f S p a i n .

J u a n a . - B o r n a t T o l e d o , i n 1 4 7 9 ; s e c o n d d a u g h t e r o f I s a h e l a n d F e r n a n d o . M a r r i e d P h i l i p o f A u s - t r i a , O c t . 2 0 o r 2 x , 1 4 9 6 . D i e d a t T o r d e s i l l a s , A p r i l I I , I 5 5 5 . R e i g n e d f r o m N o v . 2 6 , I 5 0 4 , u n t i l h e r d e a t h - j o i n t l y w i t h h e r h u s b a n d , d u r i n g h i s l i f e ; a n d w i t h h e r s o n t h e r e a f t e r - b u t u n d e r h e r f a t h e r ’ s r e g e n c y u n t i l 1 5 1 6 ; d u r i n g h e r r e i g n s h e w a s m o r e o r l e s s s u b j e c t t o i n s a n i t y , a n d w a s b u t n o m i n a l l y q u e e n , s e l d o m e x e r c i s i n g ‘ r o y a l p o w e r s , a n d l i v i n g i n s t r i c t s e c l u s i o n . K n o w n a s “ l a L o c a , ” ” t h e M a d . ”

H O U S E O F A U S T R I A

F d $ e I ( P h i l , i p o f A u s t r i a ) . - B o r n a t B r u g e s . J u l y 2 2 , 1 4 7 8 ; s o n o f M a x i m i l i a n I , e m p e r o r o f G e r m a n y , a n d M a r i a d e B o r g o f i a . B y h i s m a r r i a g e t o J u a n a , w a s k i n g - c o n s o r t o f C a s t i l l a f r o m N o v . 2 6 1 5 q , , u n t i l h i s d e a t h . D i e d a t B u r g o s , S e p t . 2 5 ,

q o 6 , S t y l e d “ e l H e r m o s o , ” “ t h . e B e a u t i f u l . ” C M O S I ( C h a r l e s V , e m p e r o r o f G e r m a n y ) . -

B o r n a t G h c n t , F e b . 2 5 , 1 5 0 0 ; s o n o f F e l i p e I a n d

J u a n a . L a n d e d i n S p a i n i n 1 5 1 7 . M a r r i e d I s a b e l o f P o r t u g a l ( d a u g h t e r o f M a n o e l ) , M a r c h I I , 1 5 2 6 . ‘ A b d i c a t e d i n f a v o r o f h i s s o n F e l i p e I I , J a n . 1 6 1 5 5 6 ; d i e d a t m o n a s t e r y o f Y u s t e , A u g . 3 0 , 1 5 5 8 E l e c t e d E m p e r o r o f G e r m a n y i n J u n e , I 5 1 9 . R e i g n e d o v e r S p a i n j o i n t l y w i t h J u a n a . D u r i n g h i s m i n o r i t y , F e r n a n d o w a s r e g e n t u n t i l h i s d e a t h ( 1 5 1 6 ) ; t h e r e a f t e r C a r d i n a l J i m i n e z ( X i m e n e s ) d e C i s n e r o s a c t e d i n t h a t c a p a c i t y u n t i l t h e l a t t e r ’ s d e a t h ( N o v . 8 , 1 5 1 7 ) ; w i t h t h e c a r d i n a l w a s a s a o - c i a . t e d , n o m i n a l l y , A d r i a n , d e a n o f L o u v a i n .

1493-1529? CHRONOLbGICAL TABLES 353

Felipe Il.- Born at Vallodolid, May-zr, 1527; son of Carlos I and Isabel. Married Maria, daughter of Jo50 III of Portugal, Nov. 15, 1543; Mary Tudor of England, July 25, 1554; Marie Elisabeth of Valois; Feb. 2, I$O; Anna of Austria, in 1570. Acted as regent for his father from June 23, 1551 until March 28, 1556, when he was proclaimed king. Died at the Escorial, Sept. 13, 1598. Became king of Portugal in April, I 58 I, taking the oath at Lisbon.

Felip e III.- Born at Madrid, April 14, 1578; son of Felipe II and Anna of Austria. Married Margaret of Austria, Nov. 13, I 598, two months after his accession to the throne. Died at Madrid,_ March 3 I, 1621. Surnamed “ el Piadoso,” ” the Pious.”

. Felipe lb’.- Born at Valladolid, April 8, 1605; son of Felipe III and Margaret. Married Isabel of Bourbon, in 16r5; Mariana of Austria, in 1649. Succeeded his father as king, and died at Madrid1 Sept. 17, 1665. The sovereignty of Spain over Portu-

gal ceased Dec. I, 1640.

.

CMOS II.-- Born Nov. 6, 1661; son of Felipe ‘IV and Mariana. Married Marie Louise of Orleans, in 1679; Mariana of Bavaria, jn 1690. Died Nov. I, 17~30, the last Spanish ruler of the house of Austria. During his minority his mother was regent (Sept. 17, 1665 to Nov. 16, 1675). Surnamed “ el Hech- izado,” ” the Bewitched.”

HOUSE OF BOURBOIY.

Fdipe Y (Philip of Anjou) .- Born at Versailles, Dec. 19, r683; son of Louis, dauphin of France, and Mariana of Bavaria. Proclaimed king NQV. 24, 17oo. Married Maria Louisa of Savoy, Sept. II,

354 THE PHILIPPINE ISUNDS [Vol. I

1701; Isabel Farnese, Sept. 16, 1714. Abdicated in favor of his son Luis I, Jan. IO, 1724; but resumed the government on Sept. 6 following, in consequence of Luis’b death. Died at Madrid, July 9, 1746. The Spanish crown was bequeathed to him by Carlos II.

LUGS I.- Born Aug. 5, 1707; son of Felipe V and Maria Louisa. Married Louise Elisabeth of’ Or- leans, Nov. I 6, 172 I. 3y his father’s abdication of the throne Luis was nominally king from Jan. 19,

1724 until his death, Aug. 31 following. ~~tmznd~ PZ.- porn &pt. 23, 17 13 ; son Of

Felipe V and Maria Louisa. Married Maria Teresa Barbara of Braganza, Jan. 19 1729. Died at Villa- viciosa de Odon (Madrid), ug. IO, 1759. A

Ctirlos III.- Born at Madrid, Jan. 20, 1716; son of ‘Felipe V and Isabel Farnese. Married Maria Amalia of Saxony. Died at M,adrid, Dec. 14, 1788.

CMOS IV.- Born Nov. I I, 1748; son of Carlos III. Married Maria Louisa of Parma. Proclaimed king, Jan. 17, 1789 ; abdicated the throne March 18, 18o8; died at Naples, Jan. 19, 1819.

LIST OF THE RULERS OF PORTUGAL

H O U S E O F A V I Z

J o d o I I . - Born at Lisbon, May 3, 1455; son of Affonso V. Married Leonor de Lancaster, Ian. 2 2 ,

1471. Reigned from Aug. 31, ,1481 until his death. Died at Villa de Alvor, Oct. 2 5 , I # ) s . Styled “ the Perfect Prince,” also “ the Great,” and “ the Severe.“,

M a n o e l . - Born May 31, 1469; cousin of Jo30 II. Married Isabel of .Castilla (eldest daughter of Fer- nando and Isabel), in 1497; Maria, her sister, Ott 30, ~po; Leonora, sister of Charles V of Germany in 1 5 1 8 : ; Died .Dec, 13, 1521. Styled u the Fortu- mte.”

Jodo IZZ.- Born at+ Lisbon, June 6, 1 ~ 0 2 ; son of Make1 and. Maria. Reigned from Dec. 19, 1521, until his death, June I I, 1557. Married Catarina sister qf Charles V of Germany.

& 6 a s t i d o . - Born Jan. 20, 1554; grandson of, Jogo III. Slain in battle, Aug. 4, 1578. His grandmother Catalina acted aa regent during his minority (1557- f i 8 ) .

H e n r i q u e c - Born at Lisbon, Jan, 31; 1512; son of Manoel; became a cardinal in the Roman church. Reigned from Aug. 29, 1578 until Jan. 31, 1380; had been associated with Catarina in the regency.

~n~onk.- Born in 1531; grandson (but regarded

,

356 THE PHILIPPINE ISLANDS [Vel. 1

by most writers as illegitimate) of Manoel. Reigned from June 19 to Sept. 2, 1580.

HOU~EOFAUS~A (SPAIN)

Filippe I.--Reigned from Sept. 2, I 580 (taking oath at Lisbon in April, 1581) , to Sept. 13, I 598. See Felipe II of Spain.

Filippe II.- Reigned from Sept. 13,1598 to Mar 31, 1621. See Felipe III of Spain.

Filt’ppe III.- Reigned from Mar. 31, 1621 to Nov. 31, 1640. See Felipe IV of Spain.

HOUSEOFBRAGANtiA

Joiio IV.- Born Mar& 19, 1604; son of Theo- dosio IT, dtike of Braganza, and Ana de Velascti. Married Luiza de Guzm&n, Jan. 13; 1633. Reigned from Dec. I, 1640 until his death, Nov. 6, 1656 Styled “ the Fortunate.”

A ffonso VI.- Born Aug. 2 I, I 643 ; son of Joao IV and Luiza. Married Maria Francesca Isabel of Savoy, in 1666. Compelled to renounce the throne, as incompetent, Nov. 23, 1667. Died at Cintra, Sept. 12, 1683. During his minority, his mother acted as regent (Nov. 6, 1656 to June 22, 1662) ; during the latter part of his reign, his brother Pedro.

Pedro II.- Born April 26, 1648; son of Joao IV. Married Maria Francesca Isabel of Savoy) March 27, 1668; Maria Sophia Elizabeth of Bavaria, in 1687. Died Dec. 9, 17o6. Regent for Affonso, from Nov. 23, .1667 until the latter’s death; king, from Sept. I 2, 1683 to Dec. 9, 1706. Jodo V.- Born at Lisbon, Oct. 22, 16th~; son of

Pedro II. Married Maria Anna of Austria, July 9,

1493-~5~91 CHRONOLCK+ICAL TABLES 357

1708. Reignfd from Jan. I, 1707 until his death,

. July 31, r75o Josh I.- Born June 6, 1714; son of Jo50 V. Mar-

ried Mariana Victoria, Dec. 27, 1727. Reigned from his$a;:;r’; death until his own, Feb. 24, 1777.

, .- Born in 1734; daughter of Jose I.

Married, Pedro, younger brother of Jose (and her uncle), in r76o. Died at Rio de Janeiro, Brazil, in 18x6. Reigned jointly with her husband, Feb. 24,

1777 until his death ( 1786) ; but as she became insane, her son Jo30 VI acted as regent until her death,

Pedro II&- R eigned jointly with his wife, Maria I, until his death ( 1786).

lo& rZ.- Born & Lisbon, May 13, 1769; son of Maria I and Pedro III. Married Carlotta of Spain. Reigned from Mar. 16, 1816 to March IO, 1826; but had been regent for Maria since 1799, and had been in charge of the government from March IO, 1792.

V01

Documents

t i o n

e t o t

e r d r e i e p

e n t s

e d r c e

t i j o

e t h o r i z

n p d i