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.