The Junta of Badajoz

Extract from the Records of the Possession and Ownership of the

Moluccas

_Record of Possession_

April 11. On the bridge over the river Caya, situated on the boundary

line between Castilla and Portugal 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

understand why he should take part in negotiations for our service_,

and the appointment in his place of Fray Tomás Duran under date of

Búrgos 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 plaintiff. 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 provocation,

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 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 could be proved quickly. As to Portugal'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 doubt 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

each 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 Castilian 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 would 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 were not the

same. And they 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 Castilla 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 6. _Ibid._ The attorney for Castilla denied that the parties to

the suit could compel the arbitrators to submit to their opinions. He

defended the opinion of his judges; demonstrated that the contrary was

unjust and null and void, because they demand witnesses and proofs to

be received without a suit, debate, or 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 Bartulo [179] and Baldo, and concluded by

saying that the opinion of the Castilian judges was null and void

and wrong, and ought to be 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, _ibid._ In the afternoon meeting

Ribera said that the onslaught of the Portuguese 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.

May 18. _Ibid._ 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 asserted the answer given

at Yelves, whereupon 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 remedies provided by law in such cases, they found no other

expedient except the one they had set forth in their interlocutory

opinion.

May 24. _Ibid._ 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 was any delay, they were to blame.

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 Portugal 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. _Ibid_. The Emperor's deputies, in answer to the notification

of the twenty-fourth, 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 responded saying

that the answer was unsatisfactory. It was unnecessary to have the

attorneys of each part plead, since such a thing had been ordered

without avail on the eleventh of April. Therefore they insisted upon

the interlocutory assembly.

May 28. _Ibid_. The attorneys for Portugal presented a writ to

the effect that the time limit expired on the last of May, and the

matter was in such shape that it would be finished briefly; for in

regard to the ownership, their attorneys were unanimous on the three

points, except in matters of slight moment, in which they could soon

agree. In the matter of possession, the witnesses of both sides were

present, and such an expedient could be adopted that this case could

be determined immediately. "Therefore we petition," said they, "for

a continuation of the time limit. In this will be done what ought

to be done, and what the Emperor seems to wish, since he has told

the ambassadors of our King that your graces could extend the time,

and were empowered to do it by the said treaty."

The licentiate Acuña answered immediately that prorogation was an act

of jurisdiction, and should be determined on the boundary line, where,

according to the order, they must meet during the last three days;

and that he was ready to discuss the matter on Monday, May 30 with

the licentiate Acevedo, the member first named on their commission.

Acevedo consented, and they agreed to meet on the said day at seven

in the morning.

May 30. When the deputies met on the boundary line Acevedo gave his

vote, namely, that bearing in mind the treaty and that the matter

could be settled briefly, the two cases be continued through June.

Acuña'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 principals. 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 as 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 Acuña and Acevedo.

Acuña 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. [180]

_Record of Ownership_ [181]

April 11. On the bridge of Caya River assembled the licentiates

Cristóbal Vasquez de Acuña, a member of the council, 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 Alcazoba, Doctor Sancho de Salaya, master of theology; Fray

Tomás Duran, Pero Ruiz de Villegas, Captain Juan Sebastian del Cano;

likewise the licentiate Antonio de Acevedo Coutiño, Doctor Francisco

Cardoso, Doctor Gaspar Vasquez, all of the desembargo of the King

of Portugal; Diego Lopez de Sequera, of the King's council and his

chief magistrate, Pedro Alonso de Aguiar, nobleman of the said King's

household; Francisco de Mela, master of holy theology; licentiate

Tomás de Torres, physician to the said King; Simon Fernandez, Bernaldo

Perez, knight of the order of Christ--arbitrators appointed by Spain

and Portugal. In the presence of the secretaries Bartolomé Ruiz de

Castañeda and Gomez Yañes de Freitas, the treaty appointments, etc.,

were read. And the witnesses, Doctor Bernaldino 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 [182] took the solemn oath.

Upon this day, the Portuguese attorneys declared that Alcazaba

could 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 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 invented 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 Cathedral church of

Badajoz. A despatch from the King of Portugal was read, removing

Bernardo 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 Alcazaba,

"because he must occupy himself with matters connected with our

service," and appointing in his stead Master Alcarez; dated Búrgos,

April 10, 1524.--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, 1494, [183] with the confirmation

given to the same at Arevalo, July 2, 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 should be determined.

2d. 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 other 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.

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 _viva voce_;

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 leagues on 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. Hernando Colon, Fray Tomás Duran, _Magister_,

Doctor Salaya, Pero Ruiz de Villegas, Master Alcaraz, Juan Sebastian

del 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 latter presented the following writ:

"The principal grounds upon which the judges for Portugal 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 confirmed 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 for the delay would be theirs, etc.

May 18. _Ibid_. The judges for Portugal say that they cannot act in

accordance with them, because the treaty states that the measurement

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 repeated

this with the terms _á 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 to 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 to

whom 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.

May 23. In Yelves, in the town hall. The judges for Castilla said 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 the island of San

Antonio; likewise was shown all the coast to 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 [del

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 degrees 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

del 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 Castilian 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; _Item_, Cape Guardafui whither it was navigated from

Buena Esperanza to the northeast, with a north and south distance 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; _Item_, to Zamatra and up to the point called

Ganispola, a run of fifteen and one-half degrees, from which point

to the Malucos it was twenty-seven degrees.

Thereupon the judges for Portugal, with the exception of Francisco

de Melo, who had departed, said they would answer the other points

made by the deputies from Castilla in the morning.

May 24. _Ibid._ The judges for Castilla presented the following writ:

"To say that the maps were only for the purpose of locating the Cabo

Verde islands is strange, inasmuch as we are discussing the bringing

by each side 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 is also strange that among such persons

they should withdraw the plans and maps of their navigation, and not

allow us to examine them. In our navigation the only thing necessary is

to see the 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, in order that it may not prove an obstacle

to the third point. As to what they say about their map being like

ours, it is 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.]

Then the following writ of the judges for 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

unnecessary 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 Anton 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

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.]

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 Malucos; 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 negotiations.

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 land; and the

fourth, by lunar eclipses. "Let us examine the method that we must

use," they say, "and let us consider how to end the negotiation. If

the time remaining seems short, it should be prorogued as long as may

be necessary and for such prorogation we notify," etc., and they did

notify Acuña and Acevedo to prorogue it for all of June.

Acevedo gave his vote [the same as in the records of possession]. Acuña

said that he heard it, and Don 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 and eighty-three degrees, and by way of the

west one hundred and 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 demarcation and ownership at four o'clock in the afternoon

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.

The licentiate Acuña immediately handed in a negative vote on the

question of continuation, as is seen in the Records of Possession. The

notification of Acevedo and the confirmation of Acuña are also the

same as in the said Records.

May 31. _Ibid_. In reply to the deputies of Castilla; 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 del 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 Pilots_ [184]

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 reasons and causes that this line must pass west of the island

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 Malucos 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

and sixty degrees, this number should, of necessity, correspond to the

distance, demonstrated by the deputies of the King of Portugal, 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 than 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 sufficiently clear evidence to note that,

in the prosecution of this case, they attempted to make use of

ends which were manifestly unjustifiable, 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 their Majesties'

commission to elect another judge, could arrive from Búrgos. _Item_:

because on Saturday, 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 Cabo 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 speculation, would not vote until Wednesday, May 4, 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 hundred

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 forward

in this case. But wishing the verification of the truth, we consented

to proceed in the matter as they elected.

_Item_: 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 La 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 globe upon which the

line of demarcation had been drawn by them twenty-one and one-half

degrees west of the 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 like many others on the globe. Nevertheless in

downright truth, in a globe marked with the points of the compass

as it was, on which the 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 substituting for the 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 this 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 from one pole to the other, according to the stipulation

of the first treaty negotiated between the Catholic sovereigns and

King Don Juan (may they rest in peace), and not in harmony with it,

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 distance, 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.

_Item_: having agreed that we should bring good maps 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 their voyages could not

be ascertained. Neither was it possible to verify in such a map what

they compressed in it. As the said distance of degrees given by them

was not true, as would be quite apparent if they brought a good map,

and one made 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 proved to be contrary to the

truth and was not a sufficient excuse, since the said islands were not

located on this map, as is evident 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

notaries 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 contrary to

what we voted in the said case. They did this contrary to all reason

and right, as was proved afterwards by a globe 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 had shown first, nor even with

another globe they produced. It is adduced from all 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 insistently 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 at present be of no advantage to us,

_because of our being limited to such a brief period as two 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, lessened 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; Bartolomé Diaz; and Vasco da Gama. [185] The distances navigated

by these men are given as they themselves recorded them.] Therefore

with apparent reason the _Itinerario Portugallensium_, translated

from Portuguese into Latin by Archangelo Madrignano, and which was

printed in 1508, [186] in chapter sixty, reckons a distance of three

thousand eight hundred 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 traveled 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. [Gerónimo de Santisteban, a Genoese, is given as

an example. He sailed from Aden to Calicut in thirty days, and in

eighty-three days from Calicut to Zaumotra (Sumatra), a distance of

about fourteen hundred leagues. "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" [187] to "Ofir and Zetin whence they

brought the gold to build the Temple," and which places "all writers

upon the sacred scriptures 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 part of India is a much greater distance

than the Portuguese say.

_Item:_ it is well-known that the Portuguese themselves confessed that

the said Maluco islands were so far to the eastward that they fell

within their Majesties' territories. And this was so apparent that one

of the deputies acting now in this cause for the said King, by name

Master Margallo, in a philosophical book written by him, and but lately

out of press, in showing the division between Castilla and Portugal,

proves that the said Malucos fall and are within their Majesties'

limits. And too, when they were discovered by the Castilian fleet,

the King of Portugal desiring to have information regarding their

location and boundary, considered himself perfectly assured when all

those whom he ordered to assemble for this purpose concluded that they

lay within the Castilian boundaries. And therefore the more than great

caution exercised up to that time in not permitting sea charts to be

taken from his realms was thereafter observed much more strictly,

and many maps were burned, destroyed, and seized, and an order was

sent forth that the routes in all maps should be shortened. And those

maps they do give out for purposes of navigation, to those who must

sail toward India, they give on account, so that they must be returned

to the treasury in order that there might be no information in other

places as to the longitude of this route. And all the abovesaid is

confirmed more clearly, because, notwithstanding the great caution

exercised in Portugal in not allowing maps to be taken outside of the

kingdom, certain Portuguese and Castilians have taken and possessed

some maps. We, the said deputies of their Majesties, wishing to

become better informed concerning these maps, in order to pronounce

better and more truly upon this case, for the greater assurance of

our consciences, and for the purpose of securing the most indubitable

knowledge in regard to this matter, summoned before us certain pilots

and men, skilled both in navigation and in making maps, globes, and

mappamundos. These men have always tried to inform themselves with

great care, concerning the distances and routes of the said voyage,

both of those who made the voyage, and of those who delineated and

located the lands comprehended in the voyage. They stated under oath

and before two notaries and the secretary of this case, that they knew

that the said navigation and the location of these lands comprised

more degrees than was declared and demonstrated by the said deputies

of the King of Portugal, by their globes and maps. So much greater

was the distance that it was evident they were now trying to shorten

the said voyage again by more than twenty-five degrees of longitude

of the distance until now declared by them.

Therefore, as is apparent from the said information of modern

navigators and cosmographers, both Portuguese and those of other

nations, and from the relation of the said pilots and sailors, it has

been proved completely that the said distances and routes, declared

by the said deputies of Portugal, are neither just nor true, and that

the deputies have reported them much shorter than, in sober truth,

they are. From this it can be presumed, that inasmuch as they shorten

the said route each day, the said mistake of fifty degrees proceeds

doubtless from their eastern part and not from our western part.

_Item:_ it is to be observed that, notwithstanding the 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 drawn 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 _positionis_ 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.

[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 subtracted

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 Portuguese 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 Antonio,

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, Ptolemæus and Plinius,

is invoked to prove more conclusively that the distance was shortened

by the Portuguese. 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

declared by the deputies of the King of Portugal, but where we claim

and prove by our sea chart. Consequently 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. It results

then that the distance eastward from the said line to the said Malucos

is 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 Portugal, that since our vote is just and in

accordance with right, they conform to the same. Don Hernando Colon,

Fray Tomás Duran, Doctor Zalaya, Pero Ruiz de Villegas, Master Alcarez,

Juan Sebastian del Cano.

I have read the above vote and decision of their Majesties'

said deputies in the presence of the deputies 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, Wednesday, 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. Bartolomé Ruiz de Castañeda.

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 Bartolomé Ruiz de

Castañeda acting for Spain, and Gomez Yañes Freytas for Portugal. [188]

Opinion Rendered by Don Hernando Colon in the Junta of Badajoz

Concerning the Ownership of the Malucos

Don Hernando Colon declares that, at the first meeting of the

deputies who were to confer regarding the 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 adverso_. Although 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 Malucos, 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 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 is an unknown

quantity, is to be determined, we must determine 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 bulk; 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,

and wet or dry; whether the day's run is estimated from the poop,

prow, or amidships; and other special considerations that I pass by,

such as the heaviness or lightness of the winds, the differences in

compasses, etc. From the above then, I infer that it is difficult

and unsatisfactory to determine the size of the earth by means of

measuring it by traveling or sailing, and the same was maintained by

Ptolemæus and other erudite men by actual test.

As to the second method, namely, by determining what portion of the

earth corresponds to another known part of the heavens, it is more

_probabile etiam per demonstrationem_. But the difficulty of this

method lies in the fact that this proof or demonstration has been

made by many learned and experienced men, and we discover a great

diversity in their results, as I pointed out in my opinion when it

was agreed that every one should commit _in scriptis_ the number of

leagues corresponding to each degree, of which the following is a copy.

[Here follow the different calculations of the length of a degree and

the circumference of the earth, beginning with Aristotle. Briefly

these are as follows: Aristotle, 800 stadia to a degree, making

the terrestial circumference, 12,500 leagues; Strabo, Ambrosius,

Theodosius, Macrobius, [189] and Eratosthenes, each 700 stadia to the

degree, and a circumference of 7,875 leagues; Marinus and Ptolemæus,

500 stadia to the degree, and a circumference of 5,625 leagues;

Tebit, Almeon, Alfragano, Pedro de Aliaco [190] "in the tenth

chapter of _De imagine mundi_ and the author of the sphere in the

division of the zones," Fray Juan de Pecan "in the fourth chapter of

the treatise of the sphere," and the "first Admiral of the Indies,

[191] as is evident from many papers made by him," each "fifty-six

and two-thirds miles" or "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 _ex adverso mere voluntarie_," 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 such and such a number of leagues correspond

to a degree can be told, nor is it easy to determine this; so that

it will be necessary, both sides concurring, to select 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 degrees

used by the authors of tables, or of almanacs and daily calculations of

the stars, should be accepted; and such a view seems quite conclusive

to whomever is not obstinate, since it is proved that the diversity

of the relative positions of the superior bodies proceeds from the

difference 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 necessary,

namely, the appointment of experienced men to measure and determine

the number of measures or degrees from one continent or province to

another. And when they shall reach the half [one hundred and eighty

degrees] counting from the line passing at the end 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, although everybody is well informed concerning them, I

shall not hesitate to state a few facts I 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:]

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 long as one does not conflict with the

other. Furthermore the day's run must conform to these methods,

and pilots of great experience and judgment chosen. In this way it

might be hoped to determine a division in which neither part would

suffer and great loss or inconvenience. Inasmuch as, in another form,

_rebus stantibus ut nunc_, I consider 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 use in this question,

upon the day determined by the assembly I shall present in writing all

the evidences, 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.]

Opinions of Fray Tomas Duran, Sebastian Caboto, and Juan Vespucci

Rendered at the Junta of Badajoz Regarding 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 Majesty commended to us, we, Fray Tomás Duran, Sebastian Caboto,

captain and pilot, and Juan Vespuchi, pilot, concert together in

setting down and explaining our opinion regarding this demarcation.

First we must calculate the leagues, giving as few at possible to

the celestial degree, because giving fewer leagues [to the celestial

degree] there will be fewer throughout the earth, which suffices quite

well for their Majesties' service. However, as we pointed out formerly,

it seems to us that we must employ the number used commonly by sailors

both in Portugal and Castilla. These men assign to each heavenly

degree seventeen and one-half leagues, to the first following point

of the compass from the north [north by east] eighteen and one-half,

to the northeast by north twenty, etc. The second fundamental is that

we must conform ourselves to that most grave and practical astrologer

Ptolemaeus, who, writing later than Pomponius, Marinus, Plinius,

and Strabo, calculated sixty-two and one-half miles to each degree.

Thirdly we 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 has

been followed by all the writers on cosmography. The other most sure

method is by proceeding 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. Reckoning 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 demarcation. For if we

wish to determine it after the customary 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

Portuguese 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.

_Item_: 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--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 through the mouth of

the river Ganges. This is a fact, because Ptolemaeus with great care

described and located the cape of Catigara in accordance with the long

experience of those voyaging through the spice region, as is discussed

in the fourteenth chapter of the first book of his cosmography. He

makes a distance of one hundred and eighty degrees from the Canarias

to Catigara or the Metropol of the Chinese. Therefore subtracting

the thirty-two degrees--the distance of the divisional line west [of

the Cape Verde Islands], the line on the other side passes through

the mouth of the river Ganges, which lies in one hundred and fifty

degrees of longitude. Therefore Malaca, Zamatra, and Maluco fall

within the demarcation of his Majesty.

_Item_: it can not be denied that the island of Gilolo, lying near the

Maluco Islands, is the cape of Catigara, inasmuch as the companions

of Magallanes journeyed westward upon leaving the strait discovered in

fifty-four degrees of south latitude, sailing such a distance west and

northeast that they arrived in twelve degrees of north latitude where

were found certain islands, and one entrance to them. Then running

southward four hundred leagues, they passed the Maluco islands and the

coast of the island of Gilolo, without finding any cape on it. Then

they took their course toward the Cabo Buena Esperanza [Good Hope]

for Spain. Therefore then the cape of Catigara can only be the said

island of Gilolo and the Malucos.

_Item_: Ptolemaeus locates this cape of Catigara at the point of the

gulf Magnus, next to the gulf of the Ganges and the Cresonensus bay,

which conforms wholly to the account now discovered, so that the

description and figure of Ptolemaeus and the description and model

found recently by those who came from the spice regions are alike and

not only alike in appearance, but in name. That region is now called

China; Ptolemæus styled it _regio Sinarum;_ 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 Ptolemaeus

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 Ptolemaeus 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 twenty-four, in the city of Badajoz. Fray

Tomás Duran, _Magister_. Sebastian Caboto. Juan Vespucci. [The notarial

countersignature follows.]

Memorandum Relative to the Right of His Majesty to the Dominion and

Ownership of Maluco, Presented by Don Hernando 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 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 originated and been sown

broadcast that they had divided the world between themselves. From

this supposition 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 impression

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 supposition 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 Portuguese, 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 Ribera, 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 conclusions 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 be rendered in the case.

Don Hernando Colon.

[The official recognition of the notary dated Wednesday, April 27,

1524 follows.]

Letters from the Emperor to the Deputies Appointed to Treat of the

Ownership of the Malucos in the Junta of Badajoz

[The first letter is an open proclamation and order to the "Council,

court, _regidores,_ [192] 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 Acuña, of my Council; the

licentiate Pedro Manuel, auditor of our audiencia of Valladolid;

the licentiate Barrientos, of my Council of Las Ordenes," [193]

Don Hernando Colon, Simon de Alcazaba, other astrologers, pilots,

and other lawyers and persons, who are to investigate, in our name,

the demarcation, with other deputies and representatives of the most

serene and excellent King of Portugal." He orders that the utmost

hospitality be extended to those representatives. They must be given

free and (not in inns) good lodging. No overcharges must be made

in food and other necessities, and they must not be bothered with

noises or questionings. 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.]

[In accordance with the terms of the treaty negotiated in Vitoria,

February 19, 1524, (_q.v._. above) which make it incumbent upon the

king to appoint "a notary before whom, together with another notary

appointed by the said most serene King of Portugal the said case and

all its proceedings must be conducted," Bartolomé Ruiz de Castañeda is

appointed "as notary for our side, so that, together with him who shall

be appointed by the said most serene King of Portugal, 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," Búrgos, March 20, 1854.]

[Two letters follow, both bearing the date, March 21, 1524, and sent

from Búrgos. The first is addressed to the licentiates Acuña, Pedro

Manuel, and Barrientos "our deputies." The second is to Hernando Colon,

Simon de Alacazaba, Doctor Salaya, Pero Ruiz de Villegas, Fray Tomás

Duran, and Captain Juan Sebastian [del Cano], "our astrologers and

pilots." Each letter contains the following injunction, couched in

the same words:]

Inasmuch as, as you will understand, this matter that you are to

examine and determine is of so great caliber and import to us and the

good of these kingdoms, that it should be considered with great care

and vigilance, and that in the determination of it, there should

be great moderation and discretion; and inasmuch as there should

be no want of harmony among yourselves, I charge and order you that

before conferring with the deputies of the said most serene King of

Portugal, that you shall have discussed and conferred on the matter

among yourselves, so that you may take a common resolution as to what

you shall answer or plead in our favor, and so that you may all speak

with one mouth.

[The second letter contains the additional injunction:]

And in order that you may be better informed, you shall always

listen to the opinions and arguments of our astrologers and pilots,

and others, who by our command, accompany you for the purpose of

informing you as to our rights, in order that everything might be

done in a suitable manner. And it will be advisable for you to hold

discussions with the licentiates Acuña and Pedro Manuel, and the

licentiate Hernando de Barrientos, our deputies, as often as possible,

so that all that should be done for our service and the good of the

said negotiation be done better and unanimously.

[A letter from Búrgos, April 10, 1524, and addressed to the licentiates

Acuña, Pedro Manuel, and Hernando de Barrientos, states that the

King of Portugal has requested the removal of "one of our 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 Cárlos appoints

one master Alcarez, although declaring 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 Spaniards--the bachelor Maldonado, who fled from Spain for

various offenses, and Bernardo Perez, a citizen of Noya, kingdom of

Galicia--had been appointed by the latter. Should these be retained,

or should other former vassals of Spain be appointed, then "the said

Simon de Alcazaba shall enjoy what was committed to him, until as

abovesaid, both the above-mentioned men be removed and displaced,

or whichever of them is appointed, or any one else, who may be our

vassal, subject, or native of our kingdoms."

[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 difficulty 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 is suitable for it;

and because, as you have seen by the compact negotiated in Vitoria,

the stipulation was relaxed so that the meeting might take place

wherever agreed upon between yourselves and the deputies of the

most serene King of Portugal, therefore you may agree, as you say,

to remain there in Badajoz one week, or what time you determine,

and an equal period in Yelves, in order that you may be well lodged

and have a good meeting place. You do well in wishing that the first

meeting be held there in Badajoz, since it is not to be believed that

the deputies of the most serene 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 not be 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 commission,

our astrologers and pilots who were appointed as deputies, will not

receive them in their assembly as not bearing our special writ of

appointment, I am much surprised, for it was here repeated again

and again that they must summon to their council all those going

thither at our command for the above said purpose, and they must

confer with them and discuss with them concerning the demarcation;

for otherwise their being there was useless. I am sending orders to

these deputies to the effect that from this moment they do this. And

I therefore order 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, [194] 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_

[195] 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 Badajoz, and if more are necessary, they

will be sent.

I will have the bulls and other documents favoring 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 Estéban 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 detained.

I have ordered sent you with 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. [196]

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 Antonio 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.]

[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

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 Acuña, of my Council, Pedro Manuel, auditor of

Valladolid, and Licentiate Barrientos, of my council of Las Ordenes,

our commissaries in the city of Badajoz, investigating the affair

of the Spice Islands: I saw your letter, and the records and papers

you sent me of what occurred there in regard to the possession of

the Maluco islands, at which proceedings you were present; also 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 prudence. 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 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--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. Búrgos, May 7, 1524. I the King. By

command of his Majesty: Francisco de los 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 Acuña, Pedro Manuel, and

Barrientos, our commissaries, 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 wish, and that you shall in all this business have the watchfulness

I expect from you, so that the said demarcation be established justly

and truly. Búrgos, May 7, 1524. I the King. By command of his Majesty:

Francisco de los Cobos.