[This treaty was signed by the respective representatives of
the Spanish and Portuguese monarchs, June 7, 1494, at the city of
Tordesillas. Full powers were conferred upon these representatives in
special letters, that of the Catholic sovereigns being given June 5
at Tordesillas, and that of King Dom Joan of Portugal, March 8. The
former sovereigns, as well as their son Don Juan, signed the treaty
in person, at Arevalo, July 2; the King of Portugal, September 5,
at Setubal--each ratifying it fully. The letter given by Ferdinand
and Isabella to their representatives is as follows:]
Don Fernando and Doña Isabel, by the grace of God, King and Queen of
Castilla, Leon, Aragon, Secjlia, Granada, Toledo, Valencia, Galisia,
Mallorcas, Sevilla, Cerdeña, Cordova, Corçega, Murçia, Jahan, Algarbe,
Algezira, Gibraltar, and the Canary Islands; count and countess of
Barcelona; seigniors of Vizcaya and Moljna; duke and duchess of Atenas
and Neopatria; count and countess of Rosellon and Cerdanja; marquis
and marchioness of Oristan and Goceano: Inasmuch as the most serene
King of Portugal, our very dear and beloved brother, sent hither his
ambassadors and representatives [the names and titles follow] for
the purpose of conferring and negotiating a treaty and compact with
us and with our ambassadors and representatives acting in our name,
in regard to the controversy existing between ourselves and the said
most serene King of Portugal, our brother, concerning what lands,
of all those discovered prior to this date, in the Ocean Sea, belong
to ourselves and to him respectively; therefore we, having entire
confidence that you Don Enrrique Enrriques, our chief steward,
Don Guterre de Cardenas, deputy-in-chief of Leon [149] and our
auditor-in-chief, and doctor Rodrigo Maldonado, all members of our
council, are persons who will guard our interests, and that you will
perform thoroughly and faithfully what we order and recommend, by this
present letter delegate to you, specially and fully, all our authority
in as definitive a form as possible, [150] and as is requisite in such
cases, in order that you may, for us and in our name and in those of
our heirs and successors, our kingdoms and seigniories, [151] and the
subjects and natives of them, confer concerning, conclude, ratify, and
contract and determine with the said ambassadors acting in the name
of the most serene King of Portugal, our brother, whatever compact,
contract, bound, demarcation, and covenant regarding the above, by
whatever bounds of the winds, degrees of north latitude and of the
sun, and by whatever parts, divisions, and places of the heavens, sea,
and land, [152] may seem best to you. And we delegate our said power
to you in such manner that you may leave to the said King of Portugal,
and to his kingdoms and successors, all seas, islands, and mainlands
that may be and exist within such bound and demarcation, which shall
be and remain his. [153] And further, we delegate to you the said
power so that in our name, and in those of our heirs and successors,
and of our kingdoms and seigniories, and the subjects and natives of
them, you may affirm, concur in, approve, and arrange with the said
King of Portugal and the said ambassadors and representatives acting
in his name, that all seas, islands, and mainlands that may be and
exist within the bound and demarcation of the coasts, seas, islands,
and mainlands which shall be and remain ours and our successors',
may be ours and belong to our seigniory and conquest, and likewise to
our kingdoms and the successors to the same, with such limitations
and exceptions, [154] and with all other clauses and declarations
that you deem best. [Furthermore we delegate the said powers] so that
you may negotiate, authorize, contract, compact, approve, and accept
in our name, and those of our said heirs and successors, and of all
our kingdoms and seigniories, and the subjects and natives of the
same, whatever covenants, contracts, and instruments of writing, with
whatever bonds, decrees, forms, conditions, obligations, requirements,
penalties, submissions, and renunciations you wish, and as may seem
best to you, regarding all the aforesaid, and every part and parcel
of the same, and every thing pertaining to it, or dependent upon it,
or having even the slightest connection with it. And in regard to
the foregoing you shall have authority to enact and authorize, and
you shall enact and authorize, all and singular, of whatever nature
and quality, weight and importance, they may or can be, although they
may be such as by their terms should require in addition our signature
and especial order, and of which especial and express mention should
be made fully, and which we, in our own proper persons, could enact,
authorize, and approve. Furthermore, we authorize you fully, to swear,
and you shall swear, upon our consciences, that we, our heirs and
successors, subjects, natives, and vassals, now and hereafter shall
keep, observe, and fulfil, and that they shall keep, observe, and
fulfil, really and effectually, all that you thus affirm, covenant,
swear, authorize, and asseverate, without any deceit, fraud, duplicity,
dissembling, or pretense. And in this manner, you shall, in our name,
covenant, asseverate, and promise that we, in our own person, shall
asseverate, swear, promise, authorize, and affirm all that you, in our
name, asseverate, promise, and covenant in regard to the preceding,
within whatever term and space of time you deem best, and that we
shall observe and fulfil this, really and effectually, and under the
conditions, penalties, and obligations contained in the treaty of peace
[155] concluded and ratified between ourselves and the said most serene
King, our brother, and under all other conditions whatsoever promised
and determined upon by you, for all of which we promise, from this
date, to pay the penalty if we violate them. For all the above, and
each part and parcel of it, we grant to you the said authority with
free and general powers of administration, and we promise and affirm
by our kingly faith and word, we, our heirs and successors, to keep,
observe, and fulfil everything, concerning all the aforesaid enacted,
covenanted, sworn, and promised by you, in whatever form and manner;
and we promise faithfully to maintain the same to the uttermost,
now and forever, and neither ourselves nor our heirs and successors
shall violate this compact, or any part of it, by any act of our own,
or our agents, either directly or indirectly, under any pretense or
cause, in judgment or out of it, under the express obligation of all
our possessions, patrimonial and fiscal, and all other possessions
whatsoever of our vassals, subjects, and natives, real and personal,
acquired or to be acquired. In affirmation of the above we have caused
this our letter of authorization to be given, and we sign the same
with our names and order it sealed with our seal.... [Signatures of
the King, Queen, and Royal Secretary.]
[The letter of authorization granted by the King of Portugal
follows. It is couched in much the same terms as the preceding. It
opens as follows:]
Don Juan, by the grace of God, King of Portugal and the Algarbes,
on either side of the sea in Africa, and Seignior of Guinea: To all
who shall see this our letter of authority and powers of attorney, we
proclaim: that inasmuch as certain islands were discovered and found
by command of the most exalted, excellent, and powerful Princes, King
Don Fernando and Queen Doña Ysabel [certain of their dignities follow]
our very dear and beloved brother and sister, and other islands and
mainlands may in future be discovered and found, regarding certain
of which, known already or to be known, there might arise disputes
and controversy between ourselves and our kingdoms and seigniories,
and the subjects and natives of the same, because of our rights
therein--which may our Lord forbid,--it is our desire, because of
the great love and friendship between us, and in order to seek,
procure, and maintain greater peace, and more enduring concord and
tranquillity, that the sea, in which the said islands were and shall
be found, be divided and allotted between us in some good, sure, and
circumscribed manner; and inasmuch as at present we cannot attend to
this in person, and confiding in you, Ruy de Sosa, Seignior of Usagres
[156] and Berenguel, and Don Juan de Sosa, our intendant-in-chief,
and Arias de Almadana, magistrate of civil cases in our court, and
a member of our desenbargo (all members of our council), we grant
you by the present letter our full and complete power and authority
and our special command, and we appoint and constitute you all
jointly, and two of you and one of you _yn soljdun_, [157] in any
manner whatsoever, if the others be prevented, as our ambassadors
and representatives; and we do this in the most definitive form
[158] possible and generally and specifically as is requisite in
such cases,--in such manner that the general is not obscured by the
specific nor the specific by the general. This we do so that, in our
name, and those of our heirs and successors, and of all our kingdoms
and seigniories, and the subjects and natives of the same, you may
confer concerning, conclude, and ratify, and contract and determine
with the said King and Queen of Castilla, our brother and sister,
or with those empowered by the latter, whatever agreement, compact,
limitation, demarcation, and contract regarding the Ocean Sea and the
islands and mainlands contained therein, by whatever directions of
winds and degrees of north latitude, and of the sun, and by whatever
parts, divisions, and places of the heavens, land, and sea [159] you
may deem best. [From this point the language is almost identical with
that in the foregoing letter of authorization. The present letter is
signed by the king and his secretary. The treaty proper follows:]
Thereupon it was declared by the above-mentioned representatives of the
aforesaid King and Queen of Castilla, Leon, Aragon, Seçilia, Granada,
etc.; and of the aforesaid King of Portugal and the Algarbes, etc.:
That, whereas a certain controversy exists between the said lords,
their constituents, as to what lands, of all those discovered in
the Ocean Sea up to the present day, the date of this treaty,
pertain to each one of the said parts respectively; therefore,
for the sake of peace and concord, and for the preservation of the
relationship and love of the said King of Portugal for the said King
and Queen of Castilla, Aragon, etc., it being the pleasure of their
Highnesses, they, their said representatives, acting in their name
and by virtue of their powers herein described, covenanted and agreed
that a boundary or straight line be determined and drawn north and
south, from pole to pole, on the said Ocean Sea--from the Arctic
to the Antarctic pole. This boundary, or line [160] shall be drawn
straight, as aforesaid, at a distance of three hundred and seventy
leagues west of the Cabo Verde islands, being calculated by degrees,
or by any other manner, as may be considered the best and readiest,
provided the distance shall be no greater than above said. And all
lands, both islands and mainlands, found and discovered already, or
to be found and discovered hereafter by the said King of Portugal and
by his vessels on this side of the said line and bound determined
as above, toward the east, in either north or south latitude, on
the eastern side of the said bound, provided the said bound is not
crossed, shall belong to, and remain in the possession of, and pertain
forever to the said King of Portugal and his successors. And all other
lands--both islands and mainlands, found or to be found hereafter,
discovered or to be discovered hereafter, which have been discovered
or shall be discovered by the said King and Queen of Castilla, Aragon,
etc., and by their vessels, on the western side of the said bound,
determined as above, after having passed the said bound toward the
west, in either its north or south latitude, shall belong to, and
remain in the possession of, and pertain forever to the said King
and Queen of Castilla, Leon, etc., and to their successors.
_Yten [Item]_: [161] the said representatives promise and affirm by
virtue of the powers aforesaid, that from this date no ships shall be
despatched,--namely as follows: the said King and Queen of Castilla,
Leon, Aragon, etc., for this part of the bound, and its eastern
side, on this side the said bound, which pertains to the said King
of Portugal and the Algarbes, etc.; nor the said King of Portugal
to the other part of the said bound which pertains to the said King
and Queen of Castilla, Aragon, etc.,--for the purpose of discovering
and seeking any mainlands or islands, or for the purpose of trade,
barter, or conquest of any kind. But should it come to pass that the
said ships of the said King and Queen of Castilla, Leon, Aragon, etc.,
on sailing thus on this side of the said bound, should discover any
mainlands or islands in the region pertaining, as above said, to the
said King of Portugal, such mainlands or islands shall pertain to and
belong forever to the said King of Portugal and his heirs, and their
Highnesses shall order them to be surrendered to him immediately. And
if the said ships of the said King of Portugal discover any islands and
mainlands in the regions of the said King and Queen of Castilla, Leon,
Aragon, etc., all such lands shall belong to and remain forever in
the possession of the said King and Queen of Castilla, Leon, Aragon,
etc., and their heirs, and the said King of Portugal shall cause such
lands to be surrendered immediately.
_Yten_: In order that the said line or bound of the said division
may be made straight and as nearly as possible the said distance of
three hundred and seventy leagues west of the Cabo Verde islands, as
hereinbefore stated, the said representatives of both the said parties
agree and assent that within the ten months immediately following the
date of this treaty, their said constituent lords shall despatch two
or four caravels, namely, one or two by each one of them, a greater or
less number, as they may mutually consider necessary. These vessels
shall meet at the island of Grande Canaria [Grand Canary Island]
during this time, and each one of the said parties shall send certain
persons in them, to wit, pilots, astrologers, sailors, and any others
they may deem desirable. But there must be as many on one side as on
the other, and certain of the said pilots, astrologers, sailors, and
others of those sent by the said King and Queen of Castilla, Aragon,
etc., and who are experienced, shall embark in the ships of the said
King of Portugal and the Algarbes; in like manner certain of the
said persons sent by the said King of Portugal shall embark in the
ship or ships of the said King and Queen of Castilla, Aragon, etc.:
a like number in each case, so that they may jointly study and examine
to better advantage the sea, courses, winds, and the degrees of the
sun or of north latitude, [162] and lay out the leagues aforesaid,
in order that, in determining the line and boundary, all sent and
empowered by both the said parties in the said vessels, shall jointly
concur. These said vessels shall continue their course together to
the said Cabo Verde islands, from whence they shall lay a direct
course to the west, to the distance of the said three hundred and
seventy degrees, measured as the said persons shall agree, and measured
without prejudice to the said parts. When this point is reached, such
point will constitute the place and mark for measuring degrees of the
sun or of north latitude either by daily runs measured in leagues,
or in any other manner that shall mutually be deemed better. This
said line shall be drawn north and south as aforesaid, from the said
Arctic pole to the said Antarctic pole. And when this line has been
determined as above said, those sent by each of the aforesaid parties,
to whom each one of the said parties must delegate his own authority
and power, to determine the said mark and bound, shall draw up a
writing concerning it and affix thereto their signatures. And when
determined by the mutual consent of all of them, this line shall be
considered forever as a perpetual mark and bound, in such wise that
the said parties, or either of them, or their future successors,
shall be unable to deny it, or erase or remove it, at any time or in
any manner whatsoever. And should, perchance, the said line and bound
from pole to pole, as aforesaid, intersect any island or mainland,
at the first point of such intersection of such island or mainland
by the said line, some kind of mark or tower shall be erected, and
a succession of similar marks shall be erected in a straight line
from such mark or tower, in a line identical with the above-mentioned
bound. These marks shall separate those portions of such land belonging
to each one of the said parties; and the subjects of the said parties
shall not dare, on either side, to enter the territory of the other,
by crossing the said mark or bound in such island or mainland.
_Yten_: Inasmuch as the said ships of the said King and Queen of
Castilla, Leon, Aragon, etc., sailing as before declared, from their
kingdoms and seigniories to their said possessions on the other
side of the said line, must cross the seas on this side of the line,
pertaining to the said King of Portugal, it is therefore concerted and
agreed that the said ships of the said King and Queen of Castilla,
Leon, Aragon, etc., shall, at any time and without any hindrance,
sail in either direction, freely, securely, and peacefully, over the
said seas of the said King of Portugal, and within the said line. And
whenever their Highnesses and their successors wish to do so, and
deem it expedient, their said ships may take their courses and routes
direct from their kingdoms to any region within their line and bound
to which they desire to despatch expeditions of discovery, conquest,
and trade. They shall take their courses direct to the desired region
and for any purpose desired therein, and shall not leave their course,
unless compelled to do so by contrary weather. They shall do this
provided that, before crossing the said line, they shall not seize or
take possession of anything discovered in his said region by the said
King of Portugal; and should their said ships find anything before
crossing the said line, as aforesaid, it shall belong to the said
King of Portugal, and their Highnesses shall order it surrendered
immediately. And since it is possible that the ships and subjects of
the said King and Queen of Castilla, Leon, etc., or those acting in
their name, may discover within the next twenty days of this present
month of June following the date of this treaty, some islands and
mainlands within the said line, drawn straight from pole to pole,
that is to say, inside the said three hundred and seventy leagues
west of the Cabo Verde islands, as aforesaid, it is hereby agreed
and determined, in order to remove all doubt, that all such islands
and mainlands found and discovered in any manner whatsoever up to the
said twentieth day of this said month of June, although found by ships
and subjects of the said King and Queen of Castylla, Aragon, etc.,
shall pertain to and remain forever in the possession of the said
King of Portugal and the Algarbes, and of his successors and kingdoms,
provided that they lie within the first two hundred and fifty leagues
of the said three hundred and seventy leagues reckoned west of the
Cabo Verde islands to the above-mentioned line,--in whatsoever part,
even to the said poles, of the said two hundred and fifty leagues they
may be found, determining a boundary or straight line from pole, to
pole, where the said two hundred and fifty leagues end. Likewise all
the islands and mainlands found and discovered up to the said twenty
days of this present month of June, by the ships and subjects of the
said King and Queen of Castilla, Aragon, etc., or in any other manner,
within the other one hundred and twenty leagues that still remain of
the said three hundred and seventy leagues where the said bound that
is to be drawn from pole to pole, as aforesaid, must be determined,
and in whatever part of the said one hundred and twenty leagues,
even to the said poles that they are found up to the said day, shall
pertain to and remain forever in the possession of the said King and
Queen of Castilla, Aragon, etc., and of their successors and kingdoms;
just as whatever is or shall be found on the other side of the said
three hundred and seventy leagues pertaining to their Highnesses, as
aforesaid, is and must be theirs, although the said one hundred and
twenty leagues are within the said bound of the said three hundred and
seventy leagues pertaining to the said King of Portugal, the Algarbes,
etc., as aforesaid. [163]
And if, up to the said twentieth day of this said month of June,
no lands are discovered by the said ships of their Highnesses within
the said one hundred and twenty leagues, and are discovered after the
expiration of that time, then they shall pertain to the said King of
Portugal as is set forth in the above.
[The faithful observance by the respective sovereigns, of every
point of this treaty is provided for in the fullest of terms by the
commissioners, by virtue of the powers delegated to them; and this is
sworn "before God, the Blessed Mary, and on the sign of the Cross." The
instrument must receive also the sanction of the Pope, who will be
asked to confirm the same by means of a bull in which the agreements
of the treaty will be given. [164] The commissioners bind themselves
under the foregoing oaths and penalties that, "within the one hundred
days immediately following the date of this treaty, they will mutually
exchange approbations and ratifications of the said treaty, written
on parchment, and signed with the names of their said constituents,
and sealed with their seals." Don Juan, heir to the Spanish crown,
shall sign the instrument as well as Ferdinand and Isabella, and the
whole shall be witnessed in proper manner.]