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vessels were here. With respect to all that I have said, I beseech your Highness to do that which is best for your service. May the life and royal estate of your Highness prosper by the addition of many more kingdoms and lordships to your sacred rule, and may all that is discovered in these parts increase the power of your Highness, as your most Royal Highness may desire; for there are greater riches here than in any other part of the world. From the town of Santa Maria del Antigua, in the province of Darien, in the gulf of Uraba, to-day this Thursday the 20th of January in the year 1513. The making and creation of your Highness, who kisses your most royal hands and feet, Vasco Nuñez de Balboa.

17. CONTRACT OF CHARLES I OF SPAIN WITH RUY FALERO AND FERNÃO DE MAGALHÃES1

[March 22, 1518. Emma Helen Blair and James Alexander Robertson,2 The Philippine Islands, I, 280-285.]

The contract between the king of Spain, Charles I (Charles V of the Holy Roman Empire), and Ruy Falero and Fernão de Magalhães was incorporated in the instructions to Juan de Cartagena. The latter was to accompany the expedition as inspector general of the fleet. The instrument, which did not differ materially from those which authorized expeditions of discovery and exploration under the auspices of the Spanish government, had the following tenor:

I, the King. Inasmuch as you, Fernando de Magallãins, knight, native of the kingdom of Portogal and bachelor Ruy Falero, also native of said kingdom, wish to do us signal service, binding yourselves to discover within the boundaries which pertain to and belong to us in the Ocean Sea, within the limits of our demarcation, those islands and mainlands, riches, spices, and other things with which we shall be well pleased and these our kingdoms well profited, we order herewith the following agreement to be made with you:

First in order that you may and shall with good fortune go on a

1 Reprinted by permission of the publishers, The Arthur H. Clark Company of Cleveland, from The Philippine Islands, 1493-1898. Cleveland, 1903 to 1909.

2 Only the last name of these authors will be given hereafter in quoting from their joint work, The Philippine Islands.

voyage of discovery in that part of the Ocean Sea within our limits and demarcation; and as it would not be just that since you are going yourselves to perform the aforesaid, other persons should venture to do the same; and considering that you are to have the hardship of this enterprise: it is my will and pleasure (as I now promise) that, for the term of the first ten years ensuing we shall not permit any other person to go on a voyage of discovery by the same route and course that you may take; and that if anyone else should wish to undertake it and ask permission, it shall not be granted until you have been informed thereof, so that, if at the same time you should so desire, you may undertake it also, being as well prepared, equipped, and furnished with as many vessels as equally well-conditioned, equipped, and manned as those of the other persons wishing to make the said discovery. But it is to be understood that if we should wish to order or permit other persons to undertake such an enterprise by the western route, in the district of those islands, with Tierra Firme and all other places already discovered, towards the desired direction, for the purpose of seeking the strait of those seas, we may so order or permit to these others. If they should wish to start on their discoveries from Tierra Firme or from the island of Sant Miguel, and go through the southern sea, they may do so. Likewise if the governor or people who, by our mandate, are now, or may be in the future, in the said Tierra Firme, or any others of our subjects and vassals should wish to set out on a voyage of discovery in the southern sea, wherein such discovery is permitted; and if they wish to send out ships for further discoveries; then our said governor, vassals, and any other persons who, according to our pleasure, should go upon such discovery in that direction, may do so, notwithstanding the aforesaid of any section and clause whatever in this agreement. But we also desire that if you should wish to do so, you may discover by any of these said routes, provided the place be not already discovered or found.

The aforesaid discovery must be made in such manner that you do not discover or do anything to his prejudice, within the demarcation and limits of the most serene king of Portogal, my very dear and well beloved uncle and brother, but only within the limits of our demarcation.

And acknowledging your wish to serve us which has moved you to undertake the said discovery; the service which we shall receive therefrom; and the benefit of our royal crown as a remuneration

for the labor and danger which you will have to undergo, it is our will and pleasure, and our desire in all the islands and mainlands that you may discover, to grant you as we do in this present- that of all the profit and gain from all the lands and islands you may so discover, both rents and rights, and whatever else accrues to us in any way, you shall have and take the twentieth part (after first deducting all expenses which may be involved); also you shall have title as our adelantados and governors of said lands and islands, you, your children, and lawful heirs forever. This shall be on condition that the supremacy of the same shall pertain to us and to the kings after us, and if your children and heirs are natives of our kingdoms and married therein; and if the said government and title of adelantado shall descend to your son or heir after your death. We shall have your letters and privileges to this effect sent to you in proper form.

We also grant you grace and give you license and power, so that each year hereafter you may take and send, and you shall send, either in our vessels or in any others that you may prefer, to said islands and lands that you shall discover, as above, the value of one thousand ducats first cost. This is to be employed at your risk, and in the place and manner you may deem best. And you can sell this there and use it as you shall decide and desire. You shall bring the returns thereof to these kingdoms, paying us as our rights the twentieth part thereof, without being obliged to pay any other taxes whatsoever, those usually imposed or those which may be newly levied. It is to be understood, however, that this is to be after the return from the first voyage, not during the same.

Moreover, it is our will and pleasure that if the islands, which you shall discover in this manner, exceed six in number, having first chosen six [for us], you may assign to yourselves two of those that remain. Of these you shall have and take the fifteenth part of all the profit and gain of rent and rights pertaining to us, left clear, over and above the expenses involved.

Yten: We wish and it is our will and pleasure that, considering the expenses and labors involved by you on said voyage, to grant you grace as we do by this present that at the return of this first fleet and for this once you shall have and take the fifth part of whatever pertains to us in the things that you bring from those regions, which remains clear, over and above the expenses involved in the said

fleet. In order that you may accomplish the aforesaid better, and that the necessary caution may be observed, I shall order five ships to be armed for you, two of one hundred and thirty tons, two of ninety and one of sixty tons, all to be sufficiently manned, provisioned, and armed. It should be known that said ships shall be provisioned for two years and shall have two hundred and thirty-four persons to manage them, counting masters, mariners, deck hands and all others necessary, according to the memorandum of the same. This we shall order to be put into effect immediately by our officials of the India House of Trade who reside in the city of Sevilla.

Because it is our will and pleasure that the aforesaid should be kept and complied with in every respect, we desire that, if, in the prosecution of the aforesaid, either of you should die, the contents of this present instrument shall be observed and fulfilled by the remaining one, and as faithfully as it must be kept, should both live. Furthermore, in order that there may be justice and a good account of the aforesaid, and the suitable caution as regards our estates, we are to appoint, and we shall appoint a treasurer, accountant, and clerks for said ships, who shall keep and record the account and calculation of every thing, and before [whom shall pass] and be delivered every thing acquired by the said fleet.

This I promise you and I pledge on my royal faith and word that I will order it kept and observed in every particular, according to the contents herewith. I order this present instrument given, signed with my name. Given at Valladolid, March twenty-two, one thousand five hundred and eighteen. I, the King. By command of the King: Francisco de los Covos.

18. LETTER FROM THE KING OF CASTILE TO THE KING DON MANUEL OF PORTUGAL 1

[Barcelona, February 28, 1519. Blair and Robertson, The Philippine Islands, I, 277, 279.]

The expedition of Magalhães and Falero, authorized by the Spanish crown, was of no small concern to Portugal. In order to prevent any misunderstanding and possible ill feeling be

1 Reprinted by permission of the publishers, The Arthur H. Clark Company of Cleveland, from The Philippine Islands, 1493-1898. Cleveland, 1903 to 1909.

tween the two countries, Charles I wrote the following letter to Manuel I the Great, the king of that country. Assurances were given that the contemplated expedition would in no way encroach upon the rights of the Portuguese.

Most Serene and very excellent King and Prince and very dear and beloved brother and uncle: I received your letter of the twelfth of February and I was extremely pleased to learn concerning the state of your health and that of the most serene queen, your wife, my very dear and much loved sister; and especially was I gratified to hear of the pleasure you take in her company, of which her serene highness likewise wrote me. So I have always wished it, and, besides fulfilling what you owe your royal character, you do me therein very great pleasure, for I love the most serene queen, my sister, so much, that my love for her far exceeds that which is due her from me. I pray you affectionately always to inform me concerning your health and hers, and I will always let you hear as to mine. And now with regard to what is further to be said, I have been informed by letters which I have received from persons near you that you entertain some fear that the fleet which we are dispatching to the Indies, under command of Hernando Magallanes and Ruy Falero, might be prejudicial to what pertains to you in those parts of the Indies. We believe that, in spite of the fact that certain persons desire to imbue you with such an idea, you are assured of our good will and deed in all matters affecting you, which are such as love, duty, and reason demand. Nevertheless, in order that your mind may be freed of anxiety, I thought it best to write to you to inform you that our wish has always been, and is, duly to respect everything concerning the line of demarcation which was settled and agreed upon with the Catholic king and queen my sovereigns and grandparents (may they rest in glory); and that the said fleet will not in any way enter a district so that your rights would be at all injured; and not only do we desire this but would even wish to give over to you that which belongs to and is held by us. And our first charge and order to the said commanders is to respect the line of demarcation and not to touch in any way, under heavy penalties, any regions of either lands or seas which were assigned to and belong to you by the line of demarcation; and that they will keep and fulfil this injunction I beg you to entertain no doubt. Most Serene and very

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