The supreme pontiff, Alexander the Sixth, granted to the Catholic Sovereigns of Castilla and Leon, and to their successors, the navigation of the Yndias, with all the privileges, favors, indulgences, and prerogatives which had been granted to the kings of Portugal in respect to the Yndias of Guinea, part of Affrica, and other Yndias which they might conquer. This is contained more fully in the bull of concession, an authentic copy of which is to be found in the Archives of Simancas. On the third of the said month and year, the same supreme pontiff made a concession to the Catholic Sovereigns of Castilla and Leon, and their successors, of all the Yndias in general, the islands and mainlands which had been discovered or should be discovered in the limitless Page 101future, drawing a line from pole to pole, one hundred leagues west of the Acores and Cabo Verde islands. All land already discovered and to be discovered, found west and south of this line (being not actually occupied by any Christian prince before Christmas and the beginning of the year one thousand four hundred and ninety-three)[1] was to be the navigation and discovery of the kings of Castilla, and was to come under their kingdom, seigniory, and jurisdiction. He who passed this line without permission would incur blame and punishment, as is more fully shown in the original bull, which is sealed with lead and deposited in the Archives of Simancas, and dated at Rome on the fourth of May of the said year.
On the twenty-sixth of September of the said year one thousand four hundred and ninety-three, the same supreme pontiff conceded to the Catholic Sovereigns, and their successors, besides the general concession of the Yndias, whatever conquest they might make in their name in the eastern, western, and southern islands, “provided they be not occupied by any other,” etc., as is more fully shown in the original bull given in Rome on the sixth of October of the same year, and deposited in the Archives at Simancas.
These concessions made to the Catholic Sovereigns of Castilla and Leon and their successors, as well as that made to the Kings of Portogal, respecting the navigation of the East Indies, caused and still cause dispute and controversy between the kings of Castilla and those of Portugal, concerning the boundaries which should separate their navigation and discovery—the limit and bound which is to be Page 102drawn from pole to pole on this side of our hemisphere, and concerning the other bound and meridian line which is to be drawn in the hemisphere corresponding to the upper one.
Differences have existed and still exist between the kings concerning the line of demarcation which was to be drawn between their respective navigations and discoveries in this our hemisphere. The kings of Castilla claim that it was to be drawn according to the papal concession, one hundred leagues west of the islands of Acores and Cabo Verde; the kings of Portugal claim that it was to be drawn farther west, so that their side of the demarcation might include most of the coast of Brasil, and of that Tierra Firme[2] adjoining it. They agreed to settle this controversy, and the kings of Castilla consented to have the line of demarcation drawn two hundred and seventy leagues farther west than the line decreed in the bull of concession, as is set forth in a deed of agreement.
(In the original instrument, drawn on paper, the said year, in the presence of Fernand Alvarez of Toledo, secretary of the Catholic Sovereigns, and in the presence of Estevan Vaes, secretary of the king of Portogal, is found a confirmation by the Catholic Sovereigns. The said instrument, drawn on parchment, in Arevalo, on the second of July, 1495, is fully signed by the Sovereigns. The signature of the prince is found below. The instrument is countersigned by the said secretary. The seal was removed, but the cord to which it was attached remains. The Page 103confirmation of the said instrument of Tordesillas by King Don Joan of Portogal is attested by a contract written on five pages of parchment, signed by the king, and countersigned by Martyn de Veyra. The confirmation was given in Ebora on February 27, 1525)
[It] practically reads that on the seventh of June, one thousand four hundred and ninety-four, the attorneys of the Catholic Sovereigns and of the king of Portogal empowered by their masters met in Tordesillas, and drew up the said instrument. The agreement reached was that a line or meridian was to be drawn from the Arctic to the Antarctic pole, three hundred and seventy leagues west of the islands of Cabo Verde. Everything west of the said line or meridian was to belong to the kings of Castilla, and that east was to be the navigation, discovery, and conquest of the kings of Portogal. The sea of the king of Portogal was open for navigation to the kings of Castilla, with the understanding that the latter should follow their course without any deviation. Whatever should be found up to the twentieth of the said month of June in the first two hundred and fifty leagues of the three hundred and seventy, was to belong to the kings of Portogal; and that which should be found in the remaining hundred and twenty leagues was to belong to the king of Castilla.
Item, both parties agreed to send within ten months an equal number of ships, pilots, astrologers, and sailors to mark out the said line of demarcation.
It is not specified that within the said ten months they did send the said pilots, astrologers, and sailors to draw the said line of demarcation; on the contrary, Page 104it is clear that the said line was not drawn; for according to the copy of a decree and declaration of the Catholic Sovereigns given in Madrid on May the seventh, 1495, and signed by the secretary Samano, it is urged that the said line be drawn—from which it is evident that the line had not been drawn within the ten months. That this line had not been drawn appears also from the conferences and records concerning the possession and ownership of the Malucos, between the commissioners of both parties in the year twenty-four at the bridge of Acaya, Yelves, and Badajoz, where the determination of this line of demarcation was discussed; and the determination thereof, discussed under three heads.
First, whether a spherical or plane surface should be considered in drawing the line of demarcation.
Second, how should the islands of Cabo Verde be properly situated and located.