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.