Bull, _Præcelsæ_, of Leo X

_November_ 3, 1514

[This bull, called _Precelse denotionis_, confirms and extends

certain bulls of Leo X's predecessors, Nicholas V and Sixtus IV,

reciting the bulls so confirmed and extended--two of the former and

one of the latter. In the first bull, _Dum diversas_, authority is

granted to King Alfonso V of Portugal to make war upon the infidels,

to conquer their lands, and to reduce them to slavery. It concedes also

plenary indulgence for their sins to all taking part in the expeditions

against the Moors, or aiding the expeditions with gifts. [166] Its

date is June 18, 1452. The second bull is dated January 8, 1454, and

is called _Romanus Pontifex._ In it Nicholas "after reviewing with

praise the zeal of Prince Henry in making discoveries and his desire

to find a route to southern and eastern shores even to the Indians,

granted to King Alfonso all that had been or should be discovered

south of Cape Bojador and Cape Non toward Guinea and 'ultra versus

illam meridionalem plagam' as a perpetual possession." [167] The third

bull, the _Eterni Regis_ of June 21, 1481, confirms that of Nicholas

V. It "granted to the Portuguese Order of Jesus Christ [168] spiritual

jurisdiction in all lands acquired from Cape Bojador 'ad Indos.'" This

bull also contained and sanctioned the treaty of 1480 between Spain

and Portugal, by which the exclusive right of navigating and of making

discoveries along the coast of Africa, with the possession of all

the known islands of the Atlantic except the Canaries, was solemnly

conceded to Portugal. [169] After thus reciting these bulls ("of our

own accord ... approve, renew, and confirm the aforesaid instruments"

[170]) Pope Leo extends and amplifies them in the following words:]

And for added assurance, we do by virtue of the authority and tenor

of the above instruments, concede anew, [to the King of Portugal]

everything, all and singular, contained in the aforesaid instruments,

as well as all other empires, kingdoms, principalities, duchies,

provinces, lands, cities, towns, forts, dominions, islands, ports,

seas, coasts, and all possessions whatsoever, real or personal,

wherever they may be, and all uninhabited places whatsoever, recovered,

found, discovered, and acquired from the above-mentioned infidels

by the said King Emmanuel and his predecessors, or to be hereafter

recovered, acquired, found and discovered, by the said King Emmanuel

and his successors--both from Capes Bogiador and Naon [171] to the

Indies and any district whatsoever, wherever situated, even although

at present unknown to us. And likewise we do extend and amplify the

instruments above-mentioned and everything, all and singular contained

therein, as aforesaid, and in virtue of holy obedience, under penalty

of our [wrath,] we do, by the authority and tenor of the foregoing,

forbid all faithful Christians, whomsoever, even although possessing

imperial, regal, or any other dignity whatsoever, from hindering, in

any manner, King Emmanuel and his successors in the aforesaid, and from

presuming to lend assistance, counsel, or favor to the infidels. [The

Archbishop of Lisboa and the Bishops of Guarda and Funchal are ordered

to see that the provisions of this bull are observed. [172]]

Instructions from the King of Spain to His Ambassadors in the

Negotiations with Portugal

[In this document, written in Valladolid, February 4, 1523, and

signed by the king and the chancellor and countersigned by the king's

secretary Cobos, the king lays down the following points:]

First, that the course of action mapped out for you, our said

notary-in-chief Barroso, in answer to your letter reporting your

conversation with the duke of Berganza regarding this treaty, seemed

then, and seems still right and proper; since by this course we

declare in effect our purpose and wish to fulfil _in toto_ toward

the said most serene King, the treaty concerning the division and

demarcation of the seas, negotiated between the Catholic sovereigns--my

lords and grandparents--and King Don Juan of Portugal. I order you,

likewise, to ascertain briefly what regions lie within the right of

our conquest, and where are the limits of our demarcation, and those

of the said most serene King of Portugal. And you shall ascertain in

what manner restitution of whatever I may have appropriated of his

possessions, with the profit accruing therefrom, may be made to the

said most serene King, the latter making to our Royal crown the same

restitution of whatever he may have appropriated, with all profits

and revenues arising therefrom.

That we believe the reason for the refusal of the said most serene

King to accept the expedients proposed, and for his recent reply to us,

transmitted through you, the said notary-in-chief Barroso, was due to

his not being informed thoroughly in regard to the said expedients, and

of our past and present intention and wish to fulfil strictly in every

point the said treaty; and to preserve and augment, by fair dealing on

our part, our relations with, and love toward, the said most serene

King. For these reasons we beseech him earnestly that he have the

said expedients examined; that he treat and confer concerning them,

singly and collectively; and that he inform us of whatever in them,

singly or collectively, seems wrong or prejudicial to his rights--in

order that we, through our great affection for him and our desire for

its increase, may have his objections examined and discussed before

our royal person by the members of our Council. This done we shall

order what is unjust to be remedied, and the said most serene King,

shall, in no wise, receive any hurt, in what by right pertains to him.

[The king orders further that his ambassadors confer discreetly and

prudently with the Portuguese king and others, and advise him promptly

as to the outcome, that he may take the proper steps. He continues:]

In case that you are unable to prevail upon the said most serene

King to reëxamine the said expedients, and if he declares that

he has seen them already, and that he has informed us, through

you, the said notary-in-chief Barroso, of his dissatisfaction

regarding them,--although without stating in detail his causes for

dissatisfaction--and that he proposed now that we each send two

caravels to determine the said demarcation, in the meantime neither

himself nor myself despatching our fleets to Maluco, you shall reply

in this manner: that whatever pertains to the sending of the said

caravels to determine the said demarcation is in perfect accord with

our desires, and we are quite well satisfied with the proposal, since

such a procedure is in keeping with the said treaty, which will in

this manner, be fulfilled so far as we are concerned. And you shall

confer briefly with him and with those he shall appoint concerning

the method of procedure--the tons burdens of the said caravels;

the astrologers, cosmographers, notaries, pilots, and others who

shall embark in each vessel; in what manner they shall be armed; and

for what time victualed and provisioned. You shall stipulate that a

certain number of our subjects shall embark in his caravels, and a

like number of his subjects in ours, who shall all be designated by

name, in order that the determination and measurements might proceed

with more fairness and justice. Also all documents, both measurements

and proofs, made for the verification of the above, shall be made

in presence of the notaries sent in the said caravels by each of

us. They shall be made before those notaries in such manner that one

notary shall be present always for each one of us, and two others

shall sign the said documents, which without such signatures shall

be invalid. And you shall confer upon all other desirable topics, in

order that the voyage be fair to us both, and the demarcation be made

in accordance to the said treaty, and that those sailing in the said

caravels have desire only to ascertain and declare the truth. Before

concluding anything discussed and treated by you, you shall first

advise us. But as regards saying that, during the time taken in fixing

upon the said demarcation, neither of us shall send his fleets to the

Maluco Islands, you shall reply to the said most serene King that,

as he may see clearly, it is neither just nor reasonable to ask this

of me, for the agreement and treaty neither prohibits nor forbids of

it, and to do this would be to the detriment of my rightful and civil

possession in the said Maluco Islands, and in the other islands and

mainlands which will be discovered by my fleets during this time of

fixing upon the said demarcation. He is aware that I am received and

obeyed as king and lord of those Maluco Islands, and that those who,

until the present, held possession of these regions, have rendered me

obedience as king and rightful seignior, and have been, in my name,

appointed as my governors and lieutenants over the said regions. He

knows, too, that my subjects, with much of the merchandise carried

by my fleet, are at the present time in these regions. For these

reasons it is not reasonable to ask that I discontinue my possession

of these districts during the time of determining the demarcation,

especially since the said most serene King has never held possession,

past or present, of any of the said Maluco Islands, or of any others

discovered by me up to the present; nor has his fleet touched at or

anchored therein.

You shall say to him that, inasmuch as I have not asked that he

discontinue to hold his possessions in Malaca and other regions

discovered by him, although I have been assured on many different

occasions by many different persons of learning and judgment--a

number of whom are natives of the Kingdom of Portugal--that these

regions pertain to me and to my crown, being, as these men declare,

within the limits of our demarcation, he will recognize quite fully

the injustice of asking me to discontinue sending my fleets to Maluco

and other regions where I am in civil and rightful possession, and

am obeyed and regarded as legitimate seignior, as aforesaid.

Should the said most serene King propose to you that it would be a

fair expedient to us both that, during the time of determining the

demarcation, since we claim that Malaca and many other islands where he

carries on trade lie within the limits of our demarcation and pertain

to us, he will desist from despatching his vessels and fleets to those

regions, provided that I do the same as regards whatever of the Maluco

and other islands discovered by me in those regions, and claimed by

him as lying within his demarcation; or should he propose any other

expedient or innovation not in this present writing, you shall make

answer that such expedient is new, and that we have no knowledge of

it. On this account you shall request that he allow you to consult

with us. After this discussion you shall advise me of the matter.

[The instructions conclude by urging the ambassadors to proceed

prudently, and to impress the Portuguese monarch with the

affection felt toward him by Carlos, and the latter's desire for

its continuance. The ambassadors are to act in complete harmony

with one another, and to carry on negotiations jointly at all times,

one never presuming to act without the other's full knowledge. Exact

reports must be submitted by them, in order that their king may give

definite instructions.]

The Philippine Islands, 1493-1803 — Volume 01 of 55 1493-1529 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century · 第 17 / 50 题