3. That no other commissions for expeditions of discovery be given for ten years.

4 and 5. Provision in case of death, and provision for fulfilment. (No. ii, pp. 113-116; vide infra, "Instructions to Carthagena," p. 280.)

Zaragoza, July 20, 1518. The King writes to the officials of the
House of Trade, approving the contemplated expedition, and regarding
the expenditures of moneys and the fitting out of the fleet. [205]
(No. v, pp. 122, 123.)

October 24, 1518. Magallánes writes the king enumerating and amplifying certain information and requests concerning the fleet, contained in a letter written by him to his majesty on the fifteenth of the same month. This letter had been despatched by a post sent by the House of Trade. Besides giving a full account of the preparations of the fleet, [206] it begs that the balance of the 16,000 ducats, "without which we cannot finish" be provided; and that the 5,400 ducats lacking be taken from the 11,000 ducats in the house. He asks also an increase of the 3,000 ducats for merchandise, "since the profits accruing therefrom might be twenty-fold, estimating conservatively; and therefore I desired all the gain to be your Highness's." Also, he asks that the officials pay for the armament, weapons, and powder of the fleet, which have been paid out of the 16,000 ducats, but which the king was to provide. He complains of the antagonism of the officials at Seville, relating a serious conflict that had taken place two days before. He had caused his banners, bearing his arms to be flung from one of the vessels. The Spaniards, incited thereto, claimed that they were those of the King of Portugal, and attempted to arouse sentiment against him and cause his arrest. This evil treatment, in which he did not receive the aid and countenance of the officials, he says, was not done to him "as Fernando de Magallánes, but as your highness's Captain." [207] (No. vii, pp. 124-127.)

March 30, 1519. By a royal decree Luis de Mendoza is appointed treasurer of the fleet, and 60,000 maravedis are assigned as his annual salary during the voyage. Juan de Cartagena is appointed inspector-general, "and he shall exercise the duties of that trust in accordance with the instructions [q. v. post] given him under the King's signature." He is to receive "70,000 maravedis from the time of the departure of the fleet from Spain until its return." The latter is also appointed "Captain of the third ship of the fleet of Fernando Magallánes and Rui Falero," "with an annual salary of 40,000 maravedis." (Nos. viii-x, [208] pp. 127, 128.)

April 6, 1519. Gaspar de Quesada is appointed "Captain of the fourth or fifth ship of the fleet in the expedition of discovery of the spice regions, and Antonio Coca accountant, who shall have account of everything contained in the ships, giving note of everything to the Treasurer." The latter is to receive 50,000 maravedis a year. (Nos. xi, xii, pp. 128, 129.) [209]

Barcelona, May 5, 1519. A letter from the king to the "officials of the House of Trade of the Indies" states that there are to be two hundred and thirty-five men [210] in the fleet, and orders, "because calculation would have to be made for them in the provisioning and in other things, if there were a greater number," "that they do not allow, or give place in the said fleet, for any reason whatsoever, for more than the two hundred and thirty-five men." They may even specify a less number if it seems expedient. "All the seamen who sail in the said fleet shall be received under the supervision of our Captain Fernando de Magallánes, as he is the most experienced in such things." Full declarations in writing must be made of the route to be followed and a copy shall be given to each pilot. The officials are ordered to buy from Magallánes the excess of powder, arms, etc., that has been provided for the fleet, "since it can be used in other things," paying him what it cost. (No. xiii, pp. 129, 130.)

Barcelona, May 8, 1519. The instructions given to Magallánes and Falero discuss more or less fully such points as the method and manner of navigation (information as to routes given to the other captains and pilots, method of signaling at night, and manner of procedure in case the vessels become separated); treatment of natives found, treatment of other vessels found trading in these spice regions, "within our demarcation," such treatment differing if the vessels are those of Christians or of Moros (Mahometans); ransoms and exchange of prisoners; trade with the natives; division of prize-money; reprovisioning the ships; giving of rations; keeping of accounts; regulations concerning firearms; penalties for disobedience to the captain-general; the taking of oaths; morals; discoveries; weights and measures in trading; deaths of officers of the fleet, and the cargo. Above all, the domains and demarcation of the Portuguese monarch must be respected. The exact location of all lands must be noted, and if these are inhabited they are to "try to ascertain if there is anything in that land that will be to our interest." The natives must be well treated, in order that food and water may be obtained. When the land of spices is reached "you will make a treaty of peace or trade with the king or lord of that land." As high a valuation as possible is to be placed on the articles traded from the ships. The inspector-general and accountant shall note everything in their books. Other vessels found in the spice regions shall, if Christians, be warned not to trade further without permission, under penalty of seizure and confiscation of property; if Moros, "not of the lands of our demarcation, you shall seize them in fair war," and the gold, etc., found in their ships must be noted carefully in the books. Moros who may, by their rank, avail for ransom are to be well treated, but they may be sold as slaves. If Moros are found "who are of our demarcation," they must be well treated; and a treaty must be made, if possible, with their king or seignior. If they do not desire peace, then the Castilians may exercise a certain amount of cruelty against them to serve as a warning. Of the prize money or merchandise of captured ships, certain percentages are to be given to all, these portions varying. The King's share (one-fifth of the amount remaining, after deducting certain sums that go to the captain-generals, and the one-twentieth for the redemption of captives) is to be set apart for him. One-fifth of what remains shall be given the captain-generals. The remainder is to be divided into three parts, "of which two parts are for us and the ships, and one for the crews." Of the latter, ten parts are to be used for religious purposes. Good treatment is to be accorded the natives in order that pleasant trade-relations may be established. The physicians and surgeons are to take no money from the natives for medical services, not even from their enemies who are wounded in war. And the captain-generals must see that the men have no intercourse with the native women. Entire freedom must be accorded to every one to write what he pleases to Spain; and no letter must be seized, under penalties to be imposed by the captain-generals. They must guard against fire. In case of the death of any of the crew, it is advisable to get slaves to fill their places. Rations are to be given every two days, "and if it becomes necessary to shorten rations, they shall be shortened." Dissatisfaction as to the length of the voyage must not be expressed. The firearms are not to be discharged on any newly-discovered land, "because the Indians fear this more than anything else." No weapons shall be sold, under penalty of loss of all property to the one so doing. Blasphemers, and card- and dice-players are not to be allowed to ship with the crew. The captain-generals have power to devise and execute punishments against disobedient men of their crews. Oath shall be taken before the captain-generals by all their crews to observe obedience and the King's service. If it is necessary to seize water and provisions because of the hostility of the natives, it shall be done, but with as little scandal and show of force as possible. Samples of all products must be brought from the lands discovered. "Ready-made clothes and other articles to give to the kings and other princes of these lands shall be carried." "And if the kings or seigniors of the land give any jewels or presents, they shall be ours, and the inspector-general or accountant shall place them in charge of the treasurer." No presents shall be given without permission of the officers of the fleet. Everything traded must be noted carefully and minutely in the books of the inspector-general and accountant. If the return cargo is spice, it must be obtained as clean as possible. The ships' cargoes must be traded first before any private affairs are attended to. Full notices must be made in the books regarding each member of the crew—his father and mother, whether he is single or married, etc., in order that his heirs may be known. Each person before embarking must have attended confession and communion. In case any officer dies, another is to be elected in his stead; but one-half of all the pay, etc., that would fall to the said officer shall be given to his heirs, and the other half shall go to the one taking his place. Any Portuguese or other Christians found in the lands discovered must be treated well, in order to gain information from them. "If by any chance you should meet ships from Portugal within our limits, bid them quietly to leave the land, because in their own requirements given by our very dear and well-loved uncle and brother, it is forbidden to them to enter or discover in the lands and limits belonging to us, and the same is forbidden to you by us." The cargoes must be given up by such ships, if not peaceably, then by means of force, provided "you can seize it without much loss to yourself." A list is appended of the amount of freight that each one may take in the vessels. A copy of these instructions is to be given to Juan de Cartagena, the inspector-general. This document was copied from his books by the secretary Joan de Samano in 1524. (No. xiv, pp. 130-152.)

Seville, 1519. The officials of the house of trade show to Magalhães an order from the King (dated at Barcelona, July 26, 1519), "by which his Highness orders that the commander Rui Falero remain behind and not go as captain jointly with him in the fleet which his Highness orders to be prepared for the spice regions; and also that the said official judges name and appoint the stewards sailing in the said fleet, and as secretaries of the ships of the said fleet shall go those appointed by the said commander [Magalhães] if they are natives [of his kingdom]." Juan de Cartagena is appointed in Ruy Falero's place as conjunta persona, and Francisco, brother of Ruy, is appointed captain of one of the ships. Magalhães says in his communication to the officials of the House of Trade that he consents to Falero remaining behind, provided the latter surrender to them and to him the "elevations of east and west longitude, with all the rules accompanying them, that they may remain in the said house and be kept in the said fleet." He justifies, the first appointment of two Portuguese stewards, both of whom he declares to be good and faithful men. "If they should prove unfaithful then they shall be removed." As for his Highness ordering that "no Portuguese seamen sail in the fleet," these men had been accepted by the masters of the said ships, and Magalhães "received them as he did many other foreigners,—namely, Venetians, Greeks, Bretons, French, German, and Genovese,—because, at the time he took them, natives of these kingdoms were lacking." He signifies his willingness to accept others in place of the Portuguese, provided they make no extra expense. In regard to the order not to ship Portuguese, if such a cause could be shown in the contract that he and Falero made with the King at Barcelona he would keep it; but otherwise he "would keep only the contract and instructions given to him in Barcelona." He would not observe anything contrary to this contract, even if ordered by the King and Council. That the King wishes no change in the instructions is evident, because Juan de Cartagena has been ordered not to make any innovation. Magalhães notifies the officials not to interfere with his taking the Portuguese who had shipped in the fleet; the blame will be theirs if, now, when everything is in readiness, they obstruct in any way the expedition. The officials of the house of trade reply, asking Magalhães to keep the commands that have come from the king. Ruy Falero will give up all that is needed. They believe that the two Portuguese stewards appointed by Magalhães are honest men; but it is against the king's orders to carry men of that nation. Letters from the king are cited to the effect that Magalhães and Falero take only four or five Portuguese apiece. They urge him to live up to these orders. (No. xvi, pp. 156-162.)

September, 1519. On setting out upon his voyage Magalhães leaves for the king a memorandum of the latitudes and location of the Spice Islands, and the shores and principal capes in the Castilian demarcation, "because some time the Portuguese King may try to declare that the islands of Maluco are within his demarcation." He bids the king keep this memorandum carefully, for there may be a time when it is necessary. (No. xix, pp. 188, 189.)