In the books which I, Francisco de los Cobos, possess on the decrees relative to the contracts with India and the spice agreements, there is a contract which His Majesty had drawn up with Ferdinand Magellan and Ruy Faleiro. Its contents are, verbatim, as follows: You, Ruy Faleiro and Ferdinand Magellan, knights of Portugal, have informed me that, with the help of God, you wish to undertake a voyage to discover unknown lands and to place them under Our rule, as is set forth in greater detail in the contract whose contents are as follows: Since you, Ruy Faleiro and Ferdinand Magellan, knights of Portugal, wish to enter My service, I commission you to seek, in that part of the ocean which is under Our suzerainty, islands, mainlands, spices and other things by means of which We shall be advantaged and which will benefit Our land. Therefore do I enter with you into the following contract:

You shall with good fortune voyage upon the ocean and go in search of discoveries within Our demarcation. Since it would be unjust that others should cross your path, and since you take the labours of this undertaking upon yourselves, it is therefore My will and I promise that, during the next ten years, I will give no one permission to go in quest of discoveries on the same route and in the same regions as yourselves. Should anyone desire to go upon such an undertaking and come to Us for Our permission, We will, before We bestow it, inform you of it, so that you may be able to assume charge of it. If you are able to carry out the enterprise within the time proposed by yourselves, you may then assume charge of it, if you are well equipped and have as many ships in good condition, and as well manned, as the others who wish to undertake the discovery. It is understood, however, that if We send out other expeditions, or wish to give Our permission to others for the purpose of discovering islands and mainlands, We may do so if their intention is to seek discoveries in that unexplored part of the South Seas beyond the island of San Miguel. Furthermore, if the Viceroy, or the persons who do now, or in the future will, abide there by Our command, or others of Our subjects or vassals, wish to set forth on discoveries in the South Seas and to send ships thereto for the purposes of discovery, then they may do so without hindrance from what is stated above or from any clause of this agreement. If, however, you wish to go in search of discoveries in one of these regions, you may do so, provided it is not in undiscovered and unknown territory.

You must so conduct this voyage of discovery that you do not encroach upon the demarcation and boundaries of the King of Portugal, My dear uncle and brother, or otherwise prejudice his interests. I prize the resolve that has moved you to undertake this voyage of discovery in Our service. For the services which you render Us, for the aggrandizement of the royal power, for the labours and dangers which you assume, you shall receive as reward the twentieth part of the proceeds and gains from all the lands and islands that you will have discovered, and shall besides receive the title of Viceroys of these lands and islands for your sons and heirs for all time. You shall furthermore be recompensed by Our giving you the permission and opportunity from this day henceforth to send yearly, in your own ships, or in whatever ships you may choose, the equivalent of 1,000 ducats to and from these lands and islands, invested in such form and manner as may seem to you best. You may there sell and invest whatever you wish and pay unto Us as a royalty a twentieth part, without being obliged to render the other usual taxes, including even those which shall hereafter be imposed. This shall enter into force when you will have returned from this first voyage and shall not apply so long as you are still under way.

That you may be still further recompensed, it is moreover Our command that of the islands which you will have discovered, after six of them have been selected for Us, you may choose two from the remainder, of whose income and profit you shall have a fifth part, after deduction of costs.

To demonstrate Our favour, it is Our will, inasmuch as We recognise the great expenditure of money and labour which this voyage will entail upon you and since We wish to recompense you therefore, that of the net profits which you bring Us you shall have a fifth part, after deduction of the costs of the fleet. And so that you may the better be able to consummate the above-mentioned project and the enterprise have the needed certainty of success, I declare that I promise to outfit for you five ships: two each of 130 tons, two each of 90 tons and one of 60 tons; equipped with crew, food and weapons for two years, including 234 men, with the captains, able seamen and ordinary seamen necessary for the operation of the fleet, and with whatever other persons are needed, in accordance with the memorandum. We shall at once decree that Our functionaries who officiate in the House of Commercial Law for the Trade with India (la Casa de Contratación) in Seville set this business promptly afoot.

And because it is Our will that what is stated above be secured to you and fulfilled, We desire that, if one of you should die, all the above-mentioned benefits shall accrue to the one left living as though both were alive.

And so that confidence and order and the necessary certainty be maintained, We must and shall name a factor, a treasurer and an accountant for the above-mentioned ships, to keep all the accounts.

This I promise you and I give you My royal word that I shall protect you according to the above, and to this end I give you this signature of My name in Valladolid on 22nd March 1518—the King—by order of the King: Francisco de los Cobos.

 

So that this contract may remain in force and be fulfilled in all its terms, you have prayed for the favour that it be confirmed and ratified and, whenever necessary, renewed. We appreciate the usefulness of yourselves, and of whatever you may discover, to Our realm, as well as the services which you, as I hope, will render Us and Our royal crown, and your ability, and the pains that the voyage and the discoveries will cause you. And to the end that an eternal memorial of yourselves and your services shall be set up, so that these services may be rewarded and others be encouraged to serve Us equally well, We do voluntarily vouch for, confirm and approve this contract and its contents with full knowledge of the facts and with absolute royal power, and do decree that it shall be executed and maintained, fulfilled in every particular, now and for all time, in accordance with its terms. Through this writing, or through a copy signed by a royal scribe, I enjoin the Infante Fernando, Our dear and beloved son and brother, the princes, prelates, dukes, counts, marquis, the nobility, the masters of the Orders, their commanders and knights, the governors of castles, the members of Our privy council, the judges, the bailiffs, and all authorities and officials of the cities and market towns of Our kingdom, not only those now living but also those who will in the future come to be, that they shall according to their duty recognise and execute the above contract, and shall in no way act contrary to the contract or to any part of the same, no matter what laws and sanctions may be directed against it.

And if you wish Our letter on the matter of Our writing and the above-mentioned contract, We authorise Our treasurers and their representatives to deliver it to you whenever you need it and apply for it. We have commissioned Our chancellor, the notaries, and other officials to execute, present and confirm it, and not to cause you any difficulties in so doing, upon pain of a fine of 10,000 maravedis to be paid into Our revenues. Moreover, I enjoin the man who will produce this writing, or his copy of it signed by a State scribe, to summon you to appear at Our court, wherever We may at that time be residing, within the first 300 days; otherwise he shall suffer the above penalty, and he must bring Us corroborated proof that he has shown it to you so that We may know how Our instructions are being carried out.

 

In the city of Valladolid, 22nd March 1518.

The King.

Francisco de los Cobos.

 

I had this decree taken down from the above-mentioned books, by order of the Lord of the royal council, and I do hereby confirm the fact that it has been fully and exactly transcribed.

Valladolid, 24th January 1523.

Francisco de los Cobos.

 

THE CaPE OF GOOD HOPE AT TABLE MOUNTAIN

Dutch engraving c1670

* Taken from the fourth volume of the Colección de los viages y descubrimientos by D Martín Fernández de Navarrete, Madrid, 1837.