_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.]