Magallanes, and the bachelor Ruy Faleiro, Portuguese, presented
themselves at the Audiencia on the fourth of May, of 1518, before
Dr. Sancho de Matienzo, the contador Juan Lopez de Ricalde, and
the factor Juan de Aranda, judges and fiscals of their Highnesses,
of the India House, residing in this city, in the presence of Juan
Gutierrez Calderon, clerk of their H.H., and his Notary public, on
behalf of Diego de Porras, chief clerk in civil and criminal causes
of the said India House; and they presented to the judges two
capitulations written on paper and signed by his Highness, and one
sealed with a seal of coloured wax at the back and other necessary
signatures, and two royal orders (_cedulas_) of H.H. signed with
his royal name, all written by the secretary Fernan de los Cobos,
the tenour of all which, one after another, is as follows.
The King:
“Since you, Fernando de Magallanes, a knight, native of the Kingdom
of Portugal, and the bachelor Ruy Faleiro, also a native of that
kingdom, wish to render us a great service in the limits which
belong to us in the ocean within the bounds of our demarcation, we
order the following capitulation to be established with you for
that purpose.”
“Firstly: That you are to go with good luck to discover the
part of the ocean within our limits and demarcation, and because
it would not be in reason that, while you go to do the above
mentioned, that other persons should cross you to do the same, and
taking into consideration that you undertake the labour of this
enterprise, it is my favour and will, and I promise that for the
first ten following years we will not give leave to any person to
go and discover by the same road and course by which you shall go;
and if anyone desire to undertake it and should ask our leave for
it, before giving it, we will let you know of it in order that if
you should be ready to make it in that time in which they offer,
you should do so, providing an equal sufficiency and equipment,
and as many ships as the other persons who may wish to make the
said discovery: but, be it understood that, if we please to send
to discover, or to give leave for it to such other persons as we
please by way of the south-west in the parts of the islands and
mainland, and all other parts which are discovered towards the
part where they are to seek the strait of those seas (para buscar
el estrecho de aquellas mares),[10] we may order it to be done, or
give leave to other persons to do it, both of the mainland by the
South Sea, which is discovered, or from the island of S. Miguel, if
they wish to go and discover, they may do so. Also, if the governor
and people who are now, by our orders, or may in future be in the
said mainland, or other of our subjects may wish to discover in
the South Sea, they may do so, notwithstanding the above, or any
section or clause of this capitulation. Also, you may discover in
any of those parts what has not yet been discovered, so that you do
not discover nor do anything in the demarcation and limits of the
most serene King of Portugal, my very dear and well-beloved uncle
and brother, nor to his prejudice, but only within the limits of
our demarcation.”
In consideration of their good-will and services, the next
paragraph grants the right to levy upon any isles or countries
settled by them after the expenses have been paid, a twentieth
part, with the title of our Adelantados and Governors of the
said countries and isles, “you, and your sons and rightful heirs
for ever, so that they remain for us and the kings that may come
after us, and your sons and heirs being natives of our realms and
married in them; and of this we will send you your formal letter of
privileges.”
The next paragraph grants the right to invest in goods each year
the value of a thousand ducats, cost price, to sell in the islands
and countries, and bring back the returns, paying only a twentieth
in duty to the king without other payment. This only after the
return from the voyage, not during it.
Also to grant them greater favour, if more than six islands should
be discovered; after six have been set apart for the king, they
might mark out two from which they might take the fifteenth part of
all the net profits and duties of the king after the expenses had
been deducted.
Also of all the net profit that there may be for the king on
the return of the fleet, after this first voyage, deducting its
expense, they may take a fifth part.
“In order that you may better carry this out, I will order the
equipment of five ships, two of one hundred and thirty tons each,
and two others of ninety, and another of sixty tons, provided
with men, victuals, and artillery; that is to say, that the said
ships shall be supplied for two years, and there shall go in them
two hundred and thirty-four persons for their management: amongst
masters, mariners, ship-boys, and all other people that are of
necessity, according to the memorial, and this we will order to be
carried out by our officers in Seville.”
Also if either of them died, this agreement was to be kept with,
and by the other, as it would have been kept with both if they were
alive.
The next paragraph says that a factor, a treasurer, an
accountant, and clerks of the said ships, shall keep the accounts
of all the expenses of the fleet.
“All which I promise and plight my faith and royal word that I will
order it to be observed to you, in all and for all, according as
is contained above, and upon it I have ordered this present to be
given, signed with my name. Dated in Valladolid, the twenty-second
day of March, of five hundred and eighteen years.”
“Yo el Rey.
By order of the King,
+Francisco de los Cobos+.”
Another copy of the same document has the heading:—
Doña Juana and Don Carlos, her son, by the grace of God, Queen and
King of Castile, Leon, Aragon, the two Sicilies, and Jerusalem,
of Navarra, Granada, Toledo, Valencia, Galicia, the Mallorcas,
Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, the Algarves,
of Aljazira, Gibraltar, of the Canary Isles, of the Indies, isles
and mainland of the Ocean-sea, Counts of Barcelona, Lords of Biscay
and Molina, Dukes of Athens and Neopatria, Counts of Roussillon and
Cerdaña, Marquises of Euristan and Gociano, Archdukes of Austria,
Dukes of Bergoña and Brabant, Counts of Flanders and Tirol, etc.
Another letter, also dated Valladolid, March 22nd, 1518, and signed
by the king, and the secretary Francisco de los Cobos, and signed at
the back by Joanes Beijamanse, Fonseca Archiepiscopus, Episcopus,
registered, Johan de Samana, Guillermo Chancellor, confers upon
Magellan the power of deciding and executing short and summary justice
by sea or land in case of suits or disputes arising in the fleet.
Another royal letter of the same date as the above orders the officers
of the India House to provide Magellan with five ships, crews,
provisions, etc., according to the memorial which is signed by our
chancellor of Bargonha and by the Archbishop of Rosano and Bishop of
Burgos; and bids them use all dispatch.
Another royal letter, dated Aranda, 17th of April, 1518, to Magellan
and Ruy Faleiro, says that if, after they shall have sailed, either
or both of them should die, and that they should have given to the
people in the fleet instructions and orders which should be necessary
for the discovery; and if they, profiting by them, should discover the
isles and parts which they were going to discover, then their heirs and
successors should enjoy the favours and privileges contained in the
said capitulations.
The document then states that Magellan and Ruy Faleiro having presented
the capitulations and letters and royal orders of his highness to the
said judges, they summoned and required them to fulfil them according
to their contents, and they requested this in the presence of the
witnesses, Francisco de Santa Cruz, alguazil Lorenzo Pinelo, and
Francisco de Collantes, porter of the Audiencia of the said House.
Then the judges took the letters in their hands, and kissed them, and
put them on their heads, as the orders of their king, and natural
sovereign, whom may God suffer to live and reign many years; and they
would answer more at length in complying with the orders. Witnesses the
above-named.
After that, on Monday, at the Audiencia de la Nona, on the
thirty-first day of May of 1518, the said judges, Dr. Sancho de
Matienzo and the contador Juan Lopez de Ricalde, appeared before me,
the said Juan Gutierrez Calderon, the above-mentioned clerk and notary,
and presented an answer signed with their names to the presentation
made by the Portuguese captains of the royal orders and letters. And
this reply is as follows.
The said judges state, in reply, that the king’s letters order them
to provide five ships, and men and provisions as may be necessary, in
conformity with a memorial which the captains bring, signed by the
great Chancellor of Burgundy and by the very Reverend Archbishop of
Rosano and Bishop of Burgos, which said memorial up to this time has
not been shown to us, and without it we cannot undertake anything; so
let his Highness send us orders according to that the said despatch
signed, as has been said, by the chancellor and bishop; and we are
ready to fulfil the orders which his Highness sends, having at the time
moneys of his Highness in our power. This they said, and gave as their
answers, and signed it with their names, Doctor Matienzo, Juan Lopez de
Ricalde.
Magellan and Ruy Faleiro asked from Juan Gutierres Calderon, Clerk and
Notary Public, a certificate and legalised copy of what had passed for
the conservation of their rights, which he accordingly gave him, dated
on the said day and month (31st May) of 1518.
The letter, the text of which is given in the Appendix No. III,
the original of which appears to have fallen into the hands of the
Portuguese at the Moluccas, is as follows:
The King:
Fernando de Magallam̄s and Ruy Faleiro, Knights of the Order of
St. James, our captains-general of the fleet, which we command to
be equipped to go to discover, and the other separate captains of
the said fleet, and pilots, masters, quarter-masters, and seamen of
the said fleet: Inasmuch as I know for certain, according to the
much information which I have obtained from persons who have seen
it by experience, that there are spices in the islands of Maluco;
and, chiefly, you are going to seek them with this said fleet, and
my will is that you should straightway follow the voyage to the
said islands in the form and guise which I have said and commanded
to you, the said Ferdinand de Magallam̄s; moreover, I command you
all and each one of you that in the navigation of the said voyage
you follow the opinion and determination of the said Ferdinand de
Magallam̄s, in order that first and foremost, before any other
part, you should go to the said islands of Maluco, without there
being any shortcoming in this, because thus it is fitting for our
service, and after this done, the rest that may be convenient may
be sought for according to what you have been commanded, and one
and all neither do nor let them do anything else in anywise, under
pain of losing their goods and their persons, at our discretion.
Done in Barcelona, nineteenth day of April, year of one thousand
five hundred and nineteen.
I, the King.
By order of the King,
+Frᶜᵒ de los Covos+.
(_Docket_).—In order that those of the fleet may follow the opinion
and determination of Magallan̄s, in order that first and before
anything else they go to the spices.
+Translation.+
_Letter of Alvaro da Costa, giving an Account to the King
Dom Manuel of what passed with the King of Castile,
to dissuade him from the discovery which he determined
to order the execution of, by Fernan de Magalhaes._
Torre do Tombo. Gav. 18, Maço 8, No. 38.
Sire,
With respect to the business of Fernam de Magalhaes, I have done
and laboured very much, as God knows, as I have written to you at
length; and now, Xebres being ill, I have spoken on this matter
very firmly to the king, laying before him all the objections that
there were in it, and besides other matters, setting forth how
ill-seeming and unusual a matter it was for a king to receive the
vassals of another king his friend, against his will; which was a
thing which was not usual amongst knights, and was held to be a
great fault, and a very ill-looking thing: also that I had just
before offered to him in Valladolid the services of your royal
self, and kingdom and lordships, while he was already receiving
these men against your pleasure; and I begged him to look well
that this was not a time for causing discontent to your Highness,
especially in a matter of such little importance to him, and of
such little certainty, and that he had many vassals and men for
making discoveries when the time came, without making use of those
who came away from your Highness discontented, and that your
Highness could not fail to suspect that these men would labour
more to do you a dis-service than for anything else; and that his
Highness had now so much to do with discovering his own kingdoms
and lordships, and settling them, that such novelties ought hardly
to come into his recollection, from which scandals might follow,
and other things which might well be dispensed with. I also laid
before him how ill this appeared in the year and period of the
marriage, and increase of family duty and affection, and that it
seemed to me that your Highness would feel deeply the knowledge
that these men asked his leave to return, and that he did not give
it; which would be two evils, the receiving them against your will,
and the retaining them against their own wills: and I begged him
on account of what was fitting for his service, and for that of
your Highness that of two things he should do one, either give them
leave to go, or lay aside this business for this year, by which
much would not be lost, and such means might be taken that he might
be served without your Highness receiving displeasure from the
manner in which this should be done.
He, Sire, remained so surprised at what I said to him, that I was
amazed; and he replied to me with the best words in the world, and
that on no account did he desire that anything should be done,
by which your Highness should be displeased, and many other good
words; and he told me to speak to the Cardinal, and to relate
everything to him. I, Sire, had already talked it all well over
with the Cardinal, who is the best thing here, and this business
does not seem good to him, and he promised me to labour as much as
he could to avoid speaking to the king; and for this purpose they
summoned the Bishop of Burgos, who is the person who upholds this
business, and so two of the Council again made the king believe
that in this he was not in fault towards your Highness, because
he was not sending to make discoveries except within his limit,
and very far off from the affairs of your Highness; and that your
Highness ought not to take it ill that he made use of two of your
vassals, men of little substance, while your Highness was making
use of the services of many natives of Castile; and they alleged
many other arguments: lastly, the Cardinal told me that the Bishop
and those men used so much urgency in this, that at present the
king could not take any other determination.
As long as Xebres was well I continued to set this business
before him, as I have said, and much more. He puts the blame upon
these Castilians who lead the king into this matter, and withal
that, he will speak to the king. Some days past I entreated him
much about this business, and he never took a determination, and I
think that he will do likewise now. It appears to me, Sire, that
your Highness might get back Fernam de Magalhāes, which would be
a great buffet to these people. I do not reckon the bachelor [Ruy
Faleiro] for much, for he is almost out of his mind. I took steps
with Dom Jorge[11] with respect to the going there of his alcaide,
and he says that he will go at any rate; so, Sire, as this is in
this manner, for all that, I will never desist from striving in
this to the extent of my power.
Let not your Highness consider that I said much to the king in what
I did say to him, because, besides what I said being all true,
these people, as I say, do not feel anything, neither has the king
liberty up to this time to do anything of himself, and on this
account what he does (_his affairs_) need to be felt less. The Lord
increase the life and State of your Highness for His holy service.
From Saragoça, Tuesday at night, the twenty-eighth of September
[1518].[12]
I kiss the hands of your Highness.
+Alvaro da Costa.+
_Letter from Sebastian Alvarez, Factor of Dom Manuel, to
the King, dated Seville, July 18, 1519._
(Torre do Tombo. Corp. Chronol., Part I. Maço 13, Doc. 20.)
Sire,
On the 15th of this July I received through Chavascas, the
equerry, two letters from your Highness, one of the 18th and the
other of the 29th of last month, which I understood, and without
recapitulating the second one, I answer your Highness.
There have now arrived together in this city, Christopher de Haro
and Juan de Cartagena, the chief factor of the fleet and captain
of a ship, and the treasurer and clerk of this fleet; and in the
regulations which they bring there are clauses contrary to the
instructions of Fernan de Magalhāes; these having been seen by the
accountant and factors of the House of Trade, they seek how they
can embroil the affairs of Magellan, and they were at once of the
opinion of those who have recently arrived.
Together, they sent to summon Fernan de Magalhāes, and requested
to know from him the order of this fleet, and the cause why there
was no captain going in the fourth ship, but only Carvalho, who was
a pilot and not a captain. He replied, that he wished to take the
ship thus for it to carry the lantern, and for him to pass over to
it from time to time.
And they said to him that he carried many Portuguese, and that
it was not well that he should take so many. He answered, that
he would do what he chose in the fleet without giving them any
account, and that they could not do it without rendering account to
him. There passed between them so many and such evil words, that
the factors ordered pay to be issued to the seamen and men-at-arms,
but not to any of the Portuguese whom Magellan and Ruy Faleiro have
got to take with them, and at the same time a courier was sent to
the Court of Castile.
As I saw the matter was begun and the season convenient for
saying that which your Highness bade me say, I went to the lodgings
of Magellan, where I found him arranging baskets and boxes with
victuals of conserves and other things. I pressed him, feigning,
that as I found him thus occupied, it seemed to me that the
undertaking of his evil design was settled, and that, as this would
be the last conversation I should have with him, I wished to recall
to his memory how many times, as a good Portuguese and his friend,
I had spoken to him, and opposed the great error which he was
committing.
After begging his pardon, if he should receive from me any
offence in the conversation, I called to his recollection how often
I had spoken to him, and how well he had always answered me, and
that, according to his replies, I had always hoped that at the
end he would not go to the so great dis-service of your Highness;
and that what I always told him was that he should see that this
road had as many dangers as Saint Catharine’s wheel, and that
he ought to leave it and take the straight road,[13] and return
to his native country and the favour of your Highness, where he
would always receive benefits. In this conversation I introduced
all the dangers which appeared to me, and the faults which he was
committing. He said to me, that now he could do nothing else,
for his honour’s sake, except follow his path. I said to him,
that to acquire honour unduly, and when acquired by such infamy,
was neither wisdom nor honour, but rather deprivation of wisdom
and honour, for he might be certain that the chief Castilians of
this city, when speaking of him, held him to be a vile man, of
low blood, since to the dis-service of his true king and lord
he accepted such an enterprise; and so much the more since it
was prepared, concerted, and requested by him, that he might be
sure that he was held to be a traitor in going against the State
of your Highness. Here he answered me that he saw the fault he
was committing, but that he hoped to observe the service of your
Highness, and to do you great service by his going. I told him that
whoever should praise such a speech, did not understand the matter,
because, supposing that he did not touch any of the conquest of
your Highness, how was he going to discover what he talked of;
moreover, it was to the great detriment of the revenues of your
Highness, and this would be sustained by the whole realm and by
all sorts of persons: and that thought of his had been a more
virtuous one which he had when he said to me that, if your Highness
ordered him to return to Portugal, he would do so without any other
assurance of favours, and that should your Highness not confer
them, there was always Serradossa and seven ells of serge, and some
beads of acorns.[14] It seemed to me then that his heart was true
as to what befitted his honour and conscience; that which was said
was so much that it is not possible to write it.
Here, Sire, he began to give a sign, telling me to tell him more,
that this did not come from myself, and that if your Highness had
bidden me say it, that I should tell him, and the favour which
you would confer upon him. I told him that I was not of so much
tonnage as that your Highness should put me into such a business;
but I said it to him as I had done on many other occasions. Here he
wished to do me honour, saying that if what I had begun with him,
went forward, without other persons intervening, that your Highness
would be served; but that Nuño Ribeiro had told him one thing, and
that it was of no importance; and Joam Mendez, another, and that
these did not agree; and he told me the favour which they promised
on behalf of your Highness. Here he made a great lamentation, and
said that he felt it all, but that he did not know of anything by
means of which he could reasonably leave a king who had shown him
so much favour. I told him that to do that which he ought and not
to lose his honour, and the favour which your Highness would confer
upon him, would be more certain and accompanied by truer honour:
and that he should weigh his coming from Portugal, which had been
for a hundred reals, more or less, of allowances,[15] which your
Highness had not granted him, so as not to break your ordinance,
and that two regulations had arrived contrary to his, and that
which he had contracted with the King Don Carlos, and he would see
whether that neglect weighed more, for him to go and do what he
ought to do, or come here for that which he had come for.
He wondered much at my knowing so much, and here he told me the
truth, and that the courier had left: all which I knew. And he told
me that certainly there would be no reason for his throwing over
the undertaking, unless they deprived him of anything which had
been assigned him by the contract. But first he had to see what
your Highness would do. I said to him, what more did he want to
see than the instructions, and Ruy Faleiro, who said openly that
he was not going to follow his lantern, and that he would navigate
to the south, or would not go in the fleet? also, that he thought
he was going as captain-major, whilst I knew that others were sent
in opposition, whom he would not know of except at a time when he
could not remedy his honour; and that he should not pay attention
to the honey, which the Bishop of Burgos put to his lips, and that
now was the fit time for him to see whether he would do it, and
that he should give me a letter for your Highness, and that I from
affection for him would go to your Highness to act on his behalf,
because I had no message[16] from your Highness to occupy myself
with the like, but that I only spoke what I thought as at other
times I had done. He said to me that he would not say anything to
me until he saw the message which the courier brought: and with
this we concluded. I will watch the service of your Highness to the
full extent of my power.