Part 3

Here follows an abstract of documents, copies of which are contained in the Torre do Tombo, relating to the appointment of Magellan, and the privileges and powers conferred upon him: these documents are dated in the spring of 1518, more than a year before Magellan sailed; and it appears that delay was caused partly through the procrastination of the Spanish authorities in Seville, who were charged with equipping the fleet, and partly by the intrigues of the agents of the King of Portugal. These intrigues appear to have been partially successful, and to have caused delay. A final order for the departure of Magellan was given in Barcelona, April 19th, 1519. The original of this document is preserved in the Lisbon archives, and it was probably carried out with the fleet, and fell into the possession of the Portuguese in the Moluccas after Magellan’s death; a translation of this order is given below, and the text is in the Appendix.

After this document, translations are given of two letters (the text of which is given in the Appendix) from Alvaro da Costa, the Portuguese ambassador in Spain, and from Sebastian Alvarez, the Portuguese factor, about the efforts made by them to prevent Magellan’s expedition. M. Ferdinand Denis, in the _Biographie Universelle_, mentions that Alvaro da Costa is said to have pushed his zeal to the extremity of wishing to assassinate Magellan, and even his poor associate, Ruy Faleiro; this, with regard to the latter, seems hardly probable, judging from Costa’s own letter. Navarrete states that the Portuguese agents succeeding in exciting the mob of Seville against Magellan on the 22nd of October, 1518, under the empty pretext that he was substituting the arms of Portugal for those of Castile in his ships. Faria y Sousa, in his _Europa Portuguese_, tom. II, pt. IV, cap. I, p. 543, says:

“D. Fernando de Vasconcellos, Bishop of Lamego, alone expressed the desire that the King of Portugal should either grant favours to him (Magellan) or else have him killed, because his intentions were most dangerous to the kingdom. The result of this (counsel) was that the kingdom received a great disappointment, and Magellan glorious and everlasting fame; since, whilst the world endures it will endure in the monument of his name, which has remained applied to all the South Sea and to his Straits.”

Que nunca se vera tāo forte peito, Do Gangetico mar ao Gaditano; Nem das Boreaes ondas ao Estreito, Que mostrou o aggravado Lusitano.

_Camoens_, Canto II, 55.

And never will their prowess find its mate, No, not from Ganges to the Gadite shore, Not from Arcturus to the Southern Strait Which first an injured Lusian will explore.

_Quillinan._

Eis aqui as nóvas portas do Oriente, Que vosoutros agora ao mundo dais, Abrindo a porta ao vasto mar patente, Que com tam forte peito navegais: Mas he tambem razaō, que no ponente De hum Lusitano hum feito inda vejais, Que de seu Rey monstrandose agravado, Caminho ha de fazer nunqua cuidado.

_Camoens_, Canto X, 138.

Thus hast thou all the regions of the East, Which by thee giv’n unto the world is now: Opening a way with an undaunted breast, Through that vast sea which none before did plough. But it is likewise reason, in the West That of a Lusian too one action thou Shouldst understand, who (angry with his king) Achieves a great and memorable thing.

_Fanshaw._

_Contract and Agreement made by the King of Castile with Fernan Magellan for the discovery which he was to make, a copy of which he carried with him, signed by the Officers of the King of Castile, and made by his Secretary Fernan de los Cobos, and copied word for word._[9]

Gav. 18, Maço 10, No. 4.

Certificate given in Seville that the commendador Fernan de Magallanes, and the bachelor Ruy Faleiro, Portuguese, presented themselves at the Audiencia on the fourth of May, of 1518, before Dr. Sancho de Matienzo, the contador Juan Lopez de Ricalde, and the factor Juan de Aranda, judges and fiscals of their Highnesses, of the India House, residing in this city, in the presence of Juan Gutierrez Calderon, clerk of their H.H., and his Notary public, on behalf of Diego de Porras, chief clerk in civil and criminal causes of the said India House; and they presented to the judges two capitulations written on paper and signed by his Highness, and one sealed with a seal of coloured wax at the back and other necessary signatures, and two royal orders (_cedulas_) of H.H. signed with his royal name, all written by the secretary Fernan de los Cobos, the tenour of all which, one after another, is as follows.

The King:

“Since you, Fernando de Magallanes, a knight, native of the Kingdom of Portugal, and the bachelor Ruy Faleiro, also a native of that kingdom, wish to render us a great service in the limits which belong to us in the ocean within the bounds of our demarcation, we order the following capitulation to be established with you for that purpose.”

“Firstly: That you are to go with good luck to discover the part of the ocean within our limits and demarcation, and because it would not be in reason that, while you go to do the above mentioned, that other persons should cross you to do the same, and taking into consideration that you undertake the labour of this enterprise, it is my favour and will, and I promise that for the first ten following years we will not give leave to any person to go and discover by the same road and course by which you shall go; and if anyone desire to undertake it and should ask our leave for it, before giving it, we will let you know of it in order that if you should be ready to make it in that time in which they offer, you should do so, providing an equal sufficiency and equipment, and as many ships as the other persons who may wish to make the said discovery: but, be it understood that, if we please to send to discover, or to give leave for it to such other persons as we please by way of the south-west in the parts of the islands and mainland, and all other parts which are discovered towards the part where they are to seek the strait of those seas (para buscar el estrecho de aquellas mares),[10] we may order it to be done, or give leave to other persons to do it, both of the mainland by the South Sea, which is discovered, or from the island of S. Miguel, if they wish to go and discover, they may do so. Also, if the governor and people who are now, by our orders, or may in future be in the said mainland, or other of our subjects may wish to discover in the South Sea, they may do so, notwithstanding the above, or any section or clause of this capitulation. Also, you may discover in any of those parts what has not yet been discovered, so that you do not discover nor do anything in the demarcation and limits of the most serene King of Portugal, my very dear and well-beloved uncle and brother, nor to his prejudice, but only within the limits of our demarcation.”

In consideration of their good-will and services, the next paragraph grants the right to levy upon any isles or countries settled by them after the expenses have been paid, a twentieth part, with the title of our Adelantados and Governors of the said countries and isles, “you, and your sons and rightful heirs for ever, so that they remain for us and the kings that may come after us, and your sons and heirs being natives of our realms and married in them; and of this we will send you your formal letter of privileges.”

The next paragraph grants the right to invest in goods each year the value of a thousand ducats, cost price, to sell in the islands and countries, and bring back the returns, paying only a twentieth in duty to the king without other payment. This only after the return from the voyage, not during it.

Also to grant them greater favour, if more than six islands should be discovered; after six have been set apart for the king, they might mark out two from which they might take the fifteenth part of all the net profits and duties of the king after the expenses had been deducted.

Also of all the net profit that there may be for the king on the return of the fleet, after this first voyage, deducting its expense, they may take a fifth part.

“In order that you may better carry this out, I will order the equipment of five ships, two of one hundred and thirty tons each, and two others of ninety, and another of sixty tons, provided with men, victuals, and artillery; that is to say, that the said ships shall be supplied for two years, and there shall go in them two hundred and thirty-four persons for their management: amongst masters, mariners, ship-boys, and all other people that are of necessity, according to the memorial, and this we will order to be carried out by our officers in Seville.”

Also if either of them died, this agreement was to be kept with, and by the other, as it would have been kept with both if they were alive.

The next paragraph says that a factor, a treasurer, an accountant, and clerks of the said ships, shall keep the accounts of all the expenses of the fleet.

“All which I promise and plight my faith and royal word that I will order it to be observed to you, in all and for all, according as is contained above, and upon it I have ordered this present to be given, signed with my name. Dated in Valladolid, the twenty-second day of March, of five hundred and eighteen years.”

“Yo el Rey. By order of the King, +Francisco de los Cobos+.”

Another copy of the same document has the heading:—

Doña Juana and Don Carlos, her son, by the grace of God, Queen and King of Castile, Leon, Aragon, the two Sicilies, and Jerusalem, of Navarra, Granada, Toledo, Valencia, Galicia, the Mallorcas, Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, the Algarves, of Aljazira, Gibraltar, of the Canary Isles, of the Indies, isles and mainland of the Ocean-sea, Counts of Barcelona, Lords of Biscay and Molina, Dukes of Athens and Neopatria, Counts of Roussillon and Cerdaña, Marquises of Euristan and Gociano, Archdukes of Austria, Dukes of Bergoña and Brabant, Counts of Flanders and Tirol, etc.

Another letter, also dated Valladolid, March 22nd, 1518, and signed by the king, and the secretary Francisco de los Cobos, and signed at the back by Joanes Beijamanse, Fonseca Archiepiscopus, Episcopus, registered, Johan de Samana, Guillermo Chancellor, confers upon Magellan the power of deciding and executing short and summary justice by sea or land in case of suits or disputes arising in the fleet.

Another royal letter of the same date as the above orders the officers of the India House to provide Magellan with five ships, crews, provisions, etc., according to the memorial which is signed by our chancellor of Bargonha and by the Archbishop of Rosano and Bishop of Burgos; and bids them use all dispatch.

Another royal letter, dated Aranda, 17th of April, 1518, to Magellan and Ruy Faleiro, says that if, after they shall have sailed, either or both of them should die, and that they should have given to the people in the fleet instructions and orders which should be necessary for the discovery; and if they, profiting by them, should discover the isles and parts which they were going to discover, then their heirs and successors should enjoy the favours and privileges contained in the said capitulations.

The document then states that Magellan and Ruy Faleiro having presented the capitulations and letters and royal orders of his highness to the said judges, they summoned and required them to fulfil them according to their contents, and they requested this in the presence of the witnesses, Francisco de Santa Cruz, alguazil Lorenzo Pinelo, and Francisco de Collantes, porter of the Audiencia of the said House. Then the judges took the letters in their hands, and kissed them, and put them on their heads, as the orders of their king, and natural sovereign, whom may God suffer to live and reign many years; and they would answer more at length in complying with the orders. Witnesses the above-named.

After that, on Monday, at the Audiencia de la Nona, on the thirty-first day of May of 1518, the said judges, Dr. Sancho de Matienzo and the contador Juan Lopez de Ricalde, appeared before me, the said Juan Gutierrez Calderon, the above-mentioned clerk and notary, and presented an answer signed with their names to the presentation made by the Portuguese captains of the royal orders and letters. And this reply is as follows.

The said judges state, in reply, that the king’s letters order them to provide five ships, and men and provisions as may be necessary, in conformity with a memorial which the captains bring, signed by the great Chancellor of Burgundy and by the very Reverend Archbishop of Rosano and Bishop of Burgos, which said memorial up to this time has not been shown to us, and without it we cannot undertake anything; so let his Highness send us orders according to that the said despatch signed, as has been said, by the chancellor and bishop; and we are ready to fulfil the orders which his Highness sends, having at the time moneys of his Highness in our power. This they said, and gave as their answers, and signed it with their names, Doctor Matienzo, Juan Lopez de Ricalde.

Magellan and Ruy Faleiro asked from Juan Gutierres Calderon, Clerk and Notary Public, a certificate and legalised copy of what had passed for the conservation of their rights, which he accordingly gave him, dated on the said day and month (31st May) of 1518.

The letter, the text of which is given in the Appendix No. III, the original of which appears to have fallen into the hands of the Portuguese at the Moluccas, is as follows:

The King:

Fernando de Magallam̄s and Ruy Faleiro, Knights of the Order of St. James, our captains-general of the fleet, which we command to be equipped to go to discover, and the other separate captains of the said fleet, and pilots, masters, quarter-masters, and seamen of the said fleet: Inasmuch as I know for certain, according to the much information which I have obtained from persons who have seen it by experience, that there are spices in the islands of Maluco; and, chiefly, you are going to seek them with this said fleet, and my will is that you should straightway follow the voyage to the said islands in the form and guise which I have said and commanded to you, the said Ferdinand de Magallam̄s; moreover, I command you all and each one of you that in the navigation of the said voyage you follow the opinion and determination of the said Ferdinand de Magallam̄s, in order that first and foremost, before any other part, you should go to the said islands of Maluco, without there being any shortcoming in this, because thus it is fitting for our service, and after this done, the rest that may be convenient may be sought for according to what you have been commanded, and one and all neither do nor let them do anything else in anywise, under pain of losing their goods and their persons, at our discretion. Done in Barcelona, nineteenth day of April, year of one thousand five hundred and nineteen.

I, the King. By order of the King, +Frᶜᵒ de los Covos+.

(_Docket_).—In order that those of the fleet may follow the opinion and determination of Magallan̄s, in order that first and before anything else they go to the spices.

+Translation.+

_Letter of Alvaro da Costa, giving an Account to the King Dom Manuel of what passed with the King of Castile, to dissuade him from the discovery which he determined to order the execution of, by Fernan de Magalhaes._

Torre do Tombo. Gav. 18, Maço 8, No. 38.

Sire,

With respect to the business of Fernam de Magalhaes, I have done and laboured very much, as God knows, as I have written to you at length; and now, Xebres being ill, I have spoken on this matter very firmly to the king, laying before him all the objections that there were in it, and besides other matters, setting forth how ill-seeming and unusual a matter it was for a king to receive the vassals of another king his friend, against his will; which was a thing which was not usual amongst knights, and was held to be a great fault, and a very ill-looking thing: also that I had just before offered to him in Valladolid the services of your royal self, and kingdom and lordships, while he was already receiving these men against your pleasure; and I begged him to look well that this was not a time for causing discontent to your Highness, especially in a matter of such little importance to him, and of such little certainty, and that he had many vassals and men for making discoveries when the time came, without making use of those who came away from your Highness discontented, and that your Highness could not fail to suspect that these men would labour more to do you a dis-service than for anything else; and that his Highness had now so much to do with discovering his own kingdoms and lordships, and settling them, that such novelties ought hardly to come into his recollection, from which scandals might follow, and other things which might well be dispensed with. I also laid before him how ill this appeared in the year and period of the marriage, and increase of family duty and affection, and that it seemed to me that your Highness would feel deeply the knowledge that these men asked his leave to return, and that he did not give it; which would be two evils, the receiving them against your will, and the retaining them against their own wills: and I begged him on account of what was fitting for his service, and for that of your Highness that of two things he should do one, either give them leave to go, or lay aside this business for this year, by which much would not be lost, and such means might be taken that he might be served without your Highness receiving displeasure from the manner in which this should be done.

He, Sire, remained so surprised at what I said to him, that I was amazed; and he replied to me with the best words in the world, and that on no account did he desire that anything should be done, by which your Highness should be displeased, and many other good words; and he told me to speak to the Cardinal, and to relate everything to him. I, Sire, had already talked it all well over with the Cardinal, who is the best thing here, and this business does not seem good to him, and he promised me to labour as much as he could to avoid speaking to the king; and for this purpose they summoned the Bishop of Burgos, who is the person who upholds this business, and so two of the Council again made the king believe that in this he was not in fault towards your Highness, because he was not sending to make discoveries except within his limit, and very far off from the affairs of your Highness; and that your Highness ought not to take it ill that he made use of two of your vassals, men of little substance, while your Highness was making use of the services of many natives of Castile; and they alleged many other arguments: lastly, the Cardinal told me that the Bishop and those men used so much urgency in this, that at present the king could not take any other determination.

As long as Xebres was well I continued to set this business before him, as I have said, and much more. He puts the blame upon these Castilians who lead the king into this matter, and withal that, he will speak to the king. Some days past I entreated him much about this business, and he never took a determination, and I think that he will do likewise now. It appears to me, Sire, that your Highness might get back Fernam de Magalhāes, which would be a great buffet to these people. I do not reckon the bachelor [Ruy Faleiro] for much, for he is almost out of his mind. I took steps with Dom Jorge[11] with respect to the going there of his alcaide, and he says that he will go at any rate; so, Sire, as this is in this manner, for all that, I will never desist from striving in this to the extent of my power.

Let not your Highness consider that I said much to the king in what I did say to him, because, besides what I said being all true, these people, as I say, do not feel anything, neither has the king liberty up to this time to do anything of himself, and on this account what he does (_his affairs_) need to be felt less. The Lord increase the life and State of your Highness for His holy service. From Saragoça, Tuesday at night, the twenty-eighth of September [1518].[12]

I kiss the hands of your Highness.

+Alvaro da Costa.+

_Letter from Sebastian Alvarez, Factor of Dom Manuel, to the King, dated Seville, July 18, 1519._

(Torre do Tombo. Corp. Chronol., Part I. Maço 13, Doc. 20.)

Sire,

On the 15th of this July I received through Chavascas, the equerry, two letters from your Highness, one of the 18th and the other of the 29th of last month, which I understood, and without recapitulating the second one, I answer your Highness.

There have now arrived together in this city, Christopher de Haro and Juan de Cartagena, the chief factor of the fleet and captain of a ship, and the treasurer and clerk of this fleet; and in the regulations which they bring there are clauses contrary to the instructions of Fernan de Magalhāes; these having been seen by the accountant and factors of the House of Trade, they seek how they can embroil the affairs of Magellan, and they were at once of the opinion of those who have recently arrived.

Together, they sent to summon Fernan de Magalhāes, and requested to know from him the order of this fleet, and the cause why there was no captain going in the fourth ship, but only Carvalho, who was a pilot and not a captain. He replied, that he wished to take the ship thus for it to carry the lantern, and for him to pass over to it from time to time.

And they said to him that he carried many Portuguese, and that it was not well that he should take so many. He answered, that he would do what he chose in the fleet without giving them any account, and that they could not do it without rendering account to him. There passed between them so many and such evil words, that the factors ordered pay to be issued to the seamen and men-at-arms, but not to any of the Portuguese whom Magellan and Ruy Faleiro have got to take with them, and at the same time a courier was sent to the Court of Castile.

As I saw the matter was begun and the season convenient for saying that which your Highness bade me say, I went to the lodgings of Magellan, where I found him arranging baskets and boxes with victuals of conserves and other things. I pressed him, feigning, that as I found him thus occupied, it seemed to me that the undertaking of his evil design was settled, and that, as this would be the last conversation I should have with him, I wished to recall to his memory how many times, as a good Portuguese and his friend, I had spoken to him, and opposed the great error which he was committing.