On April 10, 1495, the Spanish Government published a general concession to all who wished to search for unknown lands. This was a direct attack upon the privileges of Columbus at the instigation of Fonseca, Bishop of Búrgos, who had the control of the Indian affairs of the realm. Rich merchants of Cadiz and Seville, whose imagination was inflamed by the reports of the abundance of pearls and gold on the American coast, fitted out ships to be manned by the roughest class of gold-hunters: so great were the abuses of this common licence that it was withdrawn by Royal Decree of June 2, 1497.

It was the age of chivalry, and the restless cavalier who had won his spurs in Europe lent a listening ear to the accounts of romantic glory and wealth attained across the seas. That an immense ocean washed the western shores of the great American continent was an established fact. That there was a passage connecting the great Southern sea—the Atlantic—with that vast ocean was an accepted hypothesis. Many had sought the passage in vain; the honour of its discovery was reserved for Hernando de Maghallanes (Portuguese, Fernão da Magalhães).

This celebrated man was a Portuguese noble who had received the most complete education in the palace of King John II. Having studied mathematics and navigation, at an early age he joined the Portuguese fleet which left for India in 1505 under the command of Almeida. He was present at the siege of Malacca under the famous Albuquerque, and accompanied another expedition to the rich Moluccas, or Spice Islands, when the Islands of Banda, Tidor, and Ternate were discovered. It was here he obtained the information which led him to contemplate the voyage which he subsequently realized.

On his return to Portugal he searched the Crown Archives to see if the Moluccas were situated within the demarcation accorded to Spain.[1] In the meantime he repaired to the wars in Africa, where he was wounded in the knee, with the result that he became permanently lame. He consequently retired to Portugal, and his companions in arms, jealous of his prowess, took advantage of his affliction to assail him with vile imputations. The King Emmanuel encouraged the complaints, and accused him of feigning a malady of which he was completely cured. Wounded to the quick by such an assertion, and convinced of having lost the royal favour, Maghallanes renounced for ever, by a formal and public instrument, his duties and rights as a Portuguese subject, and henceforth became a naturalized Spaniard. He then presented himself at the Spanish Court, at that time in Valladolid, where he was well received by the King Charles I., the Bishop of Búrgos, Juan Rodriguez Fonseca, Minister of Indian Affairs, and by the Kingʼs chancellor. They listened attentively to his narration, and he had the good fortune to secure the personal protection of His Majesty, himself a well-tried warrior, experienced in adventure.

The Portuguese Ambassador, Alvaro de Acosta, incensed at the success of his late countryman, and fearing that the project under discussion would lead to the conquest of the Spice Islands by the rival kingdom, made every effort to influence the Court against him. At the same time he ineffectually urged Maghallanes to return to Lisbon, alleging that his resolution to abandon Portuguese citizenship required the sovereign sanction. Others even meditated his assassination to save the interests of the King of Portugal. This powerful opposition only served to delay the expedition, for finally the King of Portugal was satisfied that his Spanish rival had no intention to authorize a violation of the Convention of Demarcation.

Between King Charles and Maghallanes a contract was signed in Saragossa by virtue of which the latter pledged himself to seek the discovery of rich spice islands within the limits of the Spanish Empire. If he should not have succeeded in the venture after ten years from the date of sailing he would thenceforth be permitted to navigate and trade without further royal assent, reserving one-twentieth of his net gains for the Crown. The King accorded to him the title of Cavalier and invested him with the habit of St. James and the hereditary government in male succession of all the islands he might annex. The Crown of Castile reserved to itself the supreme authority over such government. If Maghallanes discovered so many as six islands, he was to embark merchandise in the Kingʼs own ships to the value of one thousand ducats as royal dues. If the islands numbered only two, he would pay to the Crown one-fifteenth of the net profits. The King, however, was to receive one-fifth part of the total cargo sent in the first return expedition. The King would defray the expense of fitting out and arming five ships of from 60 to 130 tons with a total crew of 234 men; he would also appoint captains and officials of the Royal Treasury to represent the State interests in the division of the spoil.

Orders to fulfil the contract were issued to the Crown officers in the port of Seville, and the expedition was slowly prepared, consisting of the following vessels, viz.: The commodore ship La Trinidad, under the immediate command of Maghallanes; the San Antonio, Captain Juan de Cartagena; the Victoria, Captain Luis de Mendoza; the Santiago, Captain Juan Rodriguez Serrano; and the Concepcion, Captain Gaspar de Quesada.

The little fleet had not yet sailed when dissensions arose.

Maghallanes wished to carry his own ensign, whilst Doctor Sancho Matienza insisted that it should be the Royal Standard.

Another, named Talero, disputed the question of who should be the standard-bearer. The King himself had to settle these quarrels by his own arbitrary authority. Talero was disembarked and the Royal Standard was formally presented to Maghallanes by injunction of the King in the Church of Santa Maria de la Victoria de la Triana, in Seville, where he and his companions swore to observe the usages and customs of Castile, and to remain faithful and loyal to His Catholic Majesty.