The Philippine Islands, 1493-1898/Volume 1/Opinions

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3726030The Philippine Islands, 1493–1803, Volume 1
OPINIONS OF FRAY TOMAS DURAN, SEBASTIAN CABOTO, AND JUAN VESPUCCI RENDERED AT THE JUNTA OF BADAJOZ REGARDING THE OWNERSHIP OF MALUCO

Inasmuch as you wish, it appearing to have some value, that each one should set down in writing his opinion regarding the demarcation that his Majesty commended to us, we, Fray Tomás Duran, Sebastian Caboto, captain and pilot, and Juan Vespuchi, pilot, concert together in setting down and explaining our opinion regarding this demarcation.

First we must calculate the leagues, giving as few as possible to the celestial degree, because giving fewer leagues [to the celestial degree] there will be fewer throughout the earth, which suffices quite well for their Majesties' service. However, as we pointed out formerly, it seems to us that we must employ the number used commonly by sailors both in Portugal and Castilla. These men assign to each heavenly degree seventeen and one-half leagues, to the first following point of the compass from the north [north by east] eighteen and one-half, to the northeast by north twenty, etc. The second fundamental is that we must conform ourselves to that most grave and practical astrologer Ptolemæus, who, writing later than Pomponius, Marinus, Plinius, and Strabo, calculated sixty-two and one-half miles to each degree.

Thirdly we declare that there are two methods of procedure in this demarcation. The first is according to the conjectures and experiments made during many repeated voyages by skilled pilots. This method has been followed by all the writers on cosmography. The other most sure method is by proceeding in a northern altitude from north to south, and in an altitude from east to west, or by taking the east and west longitude. This is a difficult task, as this assembly is aware, and as each one has declared, and setting forth many methods for doing it that appear feasible to them, and finding fault with them all.

First let us examine this first method, and then the second. As to the first we must place the line of demarcation three hundred and seventy leagues from the island of San Antonio. This number of leagues is equal to twenty-two degrees and almost nine miles. Reckoning degrees from that parallel and from the island of San Antonio there is a distance of one hundred and eighty leagues to Cape Verde which equals ten degrees. Therefore it is thirty-two degrees from Cape Verde to the line of demarcation. We assert then, that by graduating these degrees in this manner, the Malucos fall within the boundaries of our lord the Emperor, however we may make the demarcation. For if we wish to determine it after the customary models and where voyages have been made up to this time, to wit, calculating five hundred and forty leagues from Cape Guardafuui to Cape Comori, five hundred and sixty leagues from Cape Comori to Malaca, and four hundred and twenty leagues from Malaca to the Malucos, in which way the voyage is always made, not only do the Malucos fall within his Majesty's demarcation but also Malaca and Zamatra. And if, perchance, we wish to determine the demarcation in accordance with the recently corrected Portuguese maps, which reckon a much less number of leagues between the above-named places, to wit, from Cape Guardafuui to Cape Comori, Cape Comori to Malaca, and from Malaca to the Malucos, we still assert that the Malucos fall within the demarcation of our lord the Emperor. For according to these maps corrected recently in this way, the demarcation or line of demarcation falls near Gilolo, an island near the Malucos. This is so on the plane surface of their map. When this plane surface is reduced to a spherical one, because of the rotundity of the sea where these voyages are made—the latter being in addition along parallels other than that of the equinoctial and where the degrees are less than those of the equinoctial, (the same league being assigned to the different degrees)—so that when this reduction is made, five degrees are gained, or nearly this number, which we have measured and proved to be so, then it comes to pass, from their own map, that the line of demarcation falls outside the Malucos, and the Malucos are in the territory of the Emperor our sovereign.

Item: let us suppose, for instance, that when the Catholic Sovereigns and King Don Juan of Portugal ordered the demarcation of the seas to be made, by commanding a line to be drawn from the Arctic to the Antarctic pole at a distance of three hundred and seventy leagues from the Cabo Verde islands, they had ordered also the demarcation made on the eastern side, which his Majesty orders us to do now—though at that time neither Persia, Arabia, nor the Cabo Buena Esperanza [Good Hope] was discovered—it is quite certain that this north and south line must pass on the eastern side through the mouth of the river Ganges. This is a fact, because Ptolemæus with great care described and located the cape of Catigara in accordance with the long experience of those voyaging through the spice region, as is discussed in the fourteenth chapter of the first book of his cosmography. He makes a distance of one hundred and eighty degrees from the Canarias to Catigara or the Metropol of the Chinese. Therefore subtracting the thirty-two degrees—the distance of the divisional line west [of the Cape Verde Islands], the line on the other side passes through the mouth of the river Ganges, which lies in one hundred and fifty degrees of longitude. Therefore Malaca, Zamatra, and Maluco fall within the demarcation of his Majesty.

Item: it can not be denied that the island of Gilolo, lying near the Maluco Islands, is the cape of Catigara, inasmuch as the companions of Magallanes journeyed westward upon leaving the strait discovered in fifty-four degrees of south latitude, sailing such a distance west and northeast that they arrived in twelve degrees of north latitude where were found certain islands, and one entrance to them. Then running southward four hundred leagues, they passed the Maluco islands and the coast of the island of Gilolo, without finding any cape on it. Then they took their course toward the Cabo Buena Esperanza [Good Hope] for Spain. Therefore then the cape of Catigara can only be the said island of Gilolo and the Malucos.

Item: Ptolemæus locates this cape of Catigara at the point of the gulf Magnus, next to the gulf of the Ganges and the Cresonensus bay, which conforms wholly to the account now discovered, so that the description and figure of Ptolemæus and the description and model found recently by those who came from the spice regions are alike, and not only alike in appearance, but in name. That region is now called China; Ptolemæus styled it regio Sinarum; the barbarians also compressing the s say Sina instead of China; and the Portuguese themselves place China in this region. Therefore it being asserted that the island of Gilolo and the Maluco islands are Cape Catigara, as is a fact, the line of demarcation falls thirty-two degrees more to the westward and passes through the mouth of the Ganges. Therefore Zamatra, Malaca, and the Malucos fall within our demarcation.

Item: in everything discovered by the Portuguese of which Ptolemæus has any notice, the former conform in their navigation to the latter. They locate China north of the Malucos in the gulf Magnus, just as Ptolemæus locates it. For these and other reasons, which will be adduced by wiser than we, it seems to us that the Malucos, Malaca, and Zamatra fall thirty-two degrees within his Majesty's demarcation, as we stated above. This is the opinion of all three of us, and as such we give it, signed with our names this fifteenth of April, one thousand five hundred and twenty-four, in the city of Badajoz. Fray Tomás Duran, Magister. Sebastian Caboto. Juan Vespucci. [The notarial countersignature follows.]

MEMORANDUM RELATIVE TO THE RIGHT OF HIS MAJESTY TO THE DOMINION AND OWNERSHIP OF MALUCO, PRESENTED BY DON HERNANDO COLON

Don Hernando Colon asserts that the first section of the treaty ratified between the Catholic sovereigns (may they rest in peace) and King Don Juan of Portugal, sets forth a certain division of seas and lands of which, the people having no definite knowledge or understanding, the public report has originated and been sown broadcast that they had divided the world between themselves. From this supposition it resulted that the people inferred another general conclusion, namely, that having divided the world, it followed immediately that they divided it into equal parts. So wide spread is this that the above report gives rise to a so deep-rooted impression in these men whom his Majesty sent at present to inquire into the question of ownership, that they have persuaded themselves that it is really the truth. And although they have seen and read the said treaty many times, this does not suffice to make them recognize in their method of procedure that such a supposition is untrue, especially since the contrary was not declared by his Majesty's Council in their assembly. Neither did they appreciate the fact that the assembly did not say they should understand it in this or that manner, but fulfil the stipulations of the first treaty in accordance with the new treaty and commissions delegated to you.

Therefore, inasmuch as many inconveniences result from this, which occasion not only great damage to his Majesty's service, but also a great delay in the settlement of the present business, on account of this vicious understanding being the cause of their trying to direct it by unsuitable and senseless methods, and to wrangle and dispute not only with the Portuguese, but even among themselves in regard to obtaining certain other things, it seems to me that the present negotiations would move more briskly and advantageously if they should do the very contrary of what they are striving to do, namely, to locate the line of demarcation as far westward as possible; I the said Don Hernando beg your graces, the lawyers Acuna, Manuel, and Barrientos, as being members of his Majesty's Council, and the licentiates Pisa, and Doctor Ribera, as being his advocate and official attorney, both in order to fulfil his Majesty's command, namely that we ask your advice, and in order that the above command might be obeyed by your graces, that, since this point consists principally in law and not in astrology or cosmography, you set forth and declare in writing, for our good understanding, what we ought to do in this case, and what understanding we should have of it; so that we may all give a good account of what was commanded us, which we should do now, for we know the intent of the Portuguese, and what they wish or show that they wish, and are about to come to certain conclusions with them. And especially since a fortnight has passed since I proposed this doubt to your graces by word and writing, it is to be supposed that you will have come to a decision regarding it; and in closing I beg that a definite decision he rendered in the case.

Don Hernando Colon.


[The official recognition of the notary dated Wednesday, April 27, 1524 follows.]