THE CLAIMS AND THEIR LEGAL FOUNDATIONS
Claims of Portugal and Spain:
Bulls and treaty before 1492
The Bull Romanus Pontifex, January 8, 1455 The Bull Romanus Pontifex, January 8, 1455, issued by Pope Nicholas V granted Portugal exclusive right to acquire territory in the region lying south of Cape Bojador, through and beyond Guinea.
Read The full text click here The original manuscript of the promulgated bull is in the National Archives in Lisbon, Coll. de Bullas, maço 7, no. 29]. The Bull Inter Caetera, March 13, 1456 The Bull Inter Caetera issued by Pope Calixtus III on March 13, 1456 states in part: . . . Moreover by the authority and with the knowledge aforesaid, we determine, ordain, and appoint forever that ecclesiastical and all ordinary jurisdiction, lordship, and
power, in ecclesiastical matters only, in islands, villages, harbors, lands, and places, acquired and to be acquired from capes Bojador and Nam as far through Guinea, and past that souther shore all the way to the Indians, the position, number, nature, appellations, designations, bounds, and localities of which we wish to be considered as expressed by these presents, shall belong and pertain to said military order [the Order of Jesus Christ] for all time; and in accordance with the tenor of
these presents, by the authority and knowledge aforesaid, we grant and give them these. . . [An official copy of the bull, made August 16, 1456, is in the National Archives in Lisbon, gav. 7a, maço 13, no. 7].
The Treaty of Alcáçovas-Toledo, September 4, 1479 In
spite of papal letters, Castile continued to claim Guinea. The Treaty between Portugal and Spain Negotiated at Alcáçovas on September 4, 1479 states in part: We, Don Ferdinand and Doña Isabella, by the grace of God, king and queen of Castile, Leon, Aragon, . . . make known to all whom shall see the present letter that perpetual peace between us and the said kingdoms and
lordships, and our cousin, the very illustrious king of Portugal the Algraves on this side and beyond the sea in Africa, and his son, the illustrious prince, Dom John. . . . Moreover, the aforesaid King and Queen of Castile, Aragon, Sicily, etc. willed and resolved . . . that neither of themselves nor by another secretly, publicly or secretly, or by their heirs and
successors, will they disturb, trouble, or molest, in fact or in law, in court or out of court, the said King and Prince of Portugal or the future sovereigns of Portugal or their kingdoms, in their possessions or quasi possessions in al the trade, lands, and barter in Guinea. . . . For whatever has been found or shall be found, acquired by conquest, or discovered within the said limits, beyond what has already been found, occupied, or discovered, belongs to the said King and Prince of
Portugal and to their kingdoms, excepting only the Canary Islands, to wit: Lançarote, Palma, Forteventura, Gomera, Ferro, Graciosa, Grand Canary, Teneriffe, and all the other Canary Islands, acquired or to be acquired, which belong to the kingdoms of Castile. . .
[The original manuscript of the ratification, signed by Ferdinand and Isabella at Toledo, March 6, 1480 is in the National Archives in Lisbon, gav. 17, maço 6, no. 16].
Read the Full Text of the Treaty Click here Bull Aeterni Regis, June 21, 1481 On
June 21, 1481 Pope Sixtus IV issued The Bull Aeterni Regis, by which he approved The Treaty of Alcáçovas stating of this treaty: considering the letters of Nicholas and of Calixtus, our predecessors, the articles aforesaid [i.e The Treaty of Alcáçovas], as valid and acceptable, do by apostolic authority and tenor of these presents, approve and confirm them and
everything contained in them and secure them by the protection of this present writing, decreeing that they, all and singular, ought to possess full authority and be observed forever. . . [The original manuscript of the promulgated bull is in the National Archives in Lisbon, Coll. de Bullas, maço 26, no. 10].
The Claims of Crown of Spain on the
newly discovered land starting
with the creation of the Admiralty of the New World
on the April 30 1492
1) The creation of the New World admiralty and the setting of Privileges and Prerogatives Granted to Christopher Columbus on April 30, 1492 before his first voyage The Privileges and
Prerogatives Granted by Their Catholic Majesties to Christopher Columbus April 30, 1492 established admiralty jurisdiction in the New World. FERDINAND and ELIZABETH, by the Grace of God, King and Queen of Castile, of Leon, of Aragon, of Sicily, of Grenada, of Toledo, of Valencia, of Galicia, of Majorca, of Minorca, of Sevil, of Sardinia, of Jaen, of Algarve, of
Algezira, of Gibraltar, of the Canary Islands, Count and Countess of Barcelona, Lord and Lady of Biscay and Molina, Duke and Duchess of Athens and Neopatria. Count and Countess of Rousillion and Cerdaigne, Marquess and Marchioness of Oristan and Gociano, &c. . . . . That you, Christopher Columbus, after discovering and conquering the said Islands and Continent in
the said ocean, or any of them, shall be our Admiral of the said Islands and Continent you shall so discover and conquer; and that you be our Admiral, Vice-Roy, and Governor in them, and that for the future, you may call and stile yourself, D. Christopher Columbus, and that your sons and successors in the said employment, may call themselves Dons, Admirals, Vice-Roys, and Governors of them; and that you may exercise the office of Admiral, with the charge of Vice-Roy and Governor of the said
Islands and Continent, which you and your Lieutenants shall conquer, and freely decide all causes, civil and criminal, appertaining to the said employment of Admiral, Vice-Roy, and Governor, as you shall think fit in justice, and as the Admirals of our kingdoms use to do; and that you have power to punish offenders; and you and your Lieutenants exercise the employments of Admiral, Vice-Roy, and Governor, in all things belonging to the said offices, or any of them; and that you enjoy the
perquisites and salaries belonging to the said employments, and to each of them, in the same manner as the High Admiral of our kingdoms does. . . . Said land claim took effect upon the planting of the Spanish Admiralty Crown flag into the soil of America. 2) The Papal Bulls of 1493 as legal basis for the Claim of Spain
The Papal Bulls of 1493 by Alexander VI created a European claim upon the lands found by the explorers of the Spanish Crown. a) Bull Inter Caetera , May 3, 1493 (The first Inter Caetera) Bull Inter of May 3, 1493 confirmed the dominion over the islands and lands already discovered and those that might be discovered, provided they were not already held by another Christian ruler. Pope Alexander writes in part: . . . by the authority of Almighty God coffered upon us in blessed Peter
and of the vicarship of Jesus Christ which we hold on earth, do by the tenor of these presents give, grant, and assign forever to you and your heirs and successors, kings of Castile and Leon, all and singular the aforesaid countries and islands thus unknown and hitherto discovered by your envoys and to be discovered hereafter, provided however they at no time have been in the actual temporal possession of any Christian owner. . . [The original manuscript of the promulgated bulls is in the
Archives of the Indies at Seville, Paronato I-I-I, no. I]. b)The Bull, Eximiae devotionis, May 3, 1493 The Bull, Eximiae devotionis, dated May 3, 1493, but probably drawn up in June or July of 1493, states in part: For this very day of our own accord and certain knowledge, and out of the fullness of our apostolic power, we have given, granted, and assigned forever, as appears more fully in our letters drawn up therefor, to you and your heirs and successors, kings of Castile and Leon, all singular and remote and unknown mainlands and islands lying towards the western parts and the ocean sea, that have been discovered or hereafter may be discovered by you
or your envoys. . . and with them all their lordships, cities, castles, places, villages, rights, and jurisdictions; provided however these countries have not been in the actual temporal possession of any Christian lords. But in as much as at another time the Apostolic See has granted diverse privileges, favors, liberties, immunities, exemptions, faculties, letters, and inducts to certain kings of Portugal. . . . we do by tenor of these presents, as a gift of special favor, grant to you and
your aforesaid heirs and successors, all and singular the graces and privileges, exemptions, liberties, faculties, immunities, letters, and inducts that have been thus granted to the king of Portugal, the terms whereof we wish to be understood as sufficiently expressed and inserted, as if they had been inserted word for word in these presents. Moreover we extend similarly and enlarge these powers in all things and through all things to you and your aforesaid heirs and successors, to whom in
the same manner and form we grant them forever. . . [An official copy of the promulgated bull, made in 1515, is in the Archives of the Indies at Seville, Paronato I-I-I, no. 4]. c) The Bull, Inter caetera, May 4, 1493 The Bull, Inter caetera, dated May 4, 1493, but probably
drawn up in June or July of 1493, states in part: Furthermore, under penalty of excommunication late sententie to be incurred ipso facto, should anyone thus contrive, we strictly forbid all persons of whatsoever rank, even imperial or royal, or of whatsoever estate, degree, order, or condition, to dare, without your [Ferdinand and Isabella] special permit that of your
aforesaid heirs and successors, to go for the purpose of trade or any other reason to the islands or mainlands, found and to be found, discovered and to be discovered, towards the west and south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the mainlands and islands, found and to be found, lie in the direction of India or toward any other quarter whatsoever, the said line to be distant one hundred leagues towards the west and south, as is
aforesaid, from any islands commonly known as the Azores and Cape Verde; apostolic constitutions and ordinances and other decrees whatsoever to the contrary not withstanding.
[The original manuscript of the promulgated bulls is in the Archives of the Indies at Seville, Paronato I-I-I, no. 3].
Read The Full Text Click here d) The Bull, Dudum siquidem, September 26, 1493
The Bull, Dudum siquidem, of September 26, 1493 in part states: . . . since it may happen that your envoys and captains or vassals, while voyaging toward the west or south, might bring their ships to land in eastern regions and there discover islands
and mainlands that belong to India, with the desire moreover to bestow gracious favors upon you, through our similar accord, knowledge, and fullness of power, by apostolic authority and by tenor of these presents, in all and through all, just as the aforesaid letters full and express mention had been thereof, we do in like manner amplify and extend our aforesaid gift, grant, assignment, and letters, with all and singular clauses contained in said letters, to all islands and mainlands
whatsoever, found and to be found, discovered and to be discovered, that are or may be or may seem to be in the rout of navigation or travel toward the west or south, whether they be in the western parts, or in the region of the south and east and of India. We grant to you and your aforesaid heirs and successors full and free power through your own authority, exercised through yourself or through another or others, freely to take corporal possession of the said islands and countries and hold
them forever, and to defend them against whosoever may oppose, With this strict prohibition however to all persons, of no matter what rank, estate, degree, order or condition, that under penalty of excommunication late sententiae, which such as contrive are to incur ipso facto. . . [The original manuscripts of the promulgated bull are in the Archives of the Indies at Seville, Paronato I-I-I, nos. 2 and 5]. 3)
The Treaty of Tordesillas, June 7, 1494 that settled the demarcation line dispute created by the Inter Caetera of Pope Alexander VI The Treaty of Tordesillas negotiated between Spain and Portugal and signed on June 7, 1494 [ratification by Spain July 2, 1494 and Ratified by Portugal, September 5, 1494] states in part: That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the ocean sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively; therefore, for the sake of peace and concord, and for the preservation of the relationship and love of the said King of Portugal for the said King and Queen of Castile, Aragon,
etc., it being the pleasure of their Highnesses, they, their said representatives, acting in their name and by virtue of their powers herein described, covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said ocean sea, from the Artic to the Antarctic pole. This boundary line shall be drawn straight, as aforesaid, at a distance of three hundred and seventy leagues west of the Cape Verde Islands. . . . And all lands . . . on
the eastern side of said bound. . . . shall belong to, and remain in the possession of, and pertain forever to the said King of Portugal and his successors. And all other lands. . . on the western side of said bound. . . shall belong to, and remain in the possession of, and pertain forever to, the said King and Queen of Castile, Leon etc., and their successors
[The original manuscript of the ratification signed by Ferdinand and Isabela at Arévalo, July 2, 1494, is in the National Archives
at Lisbon, gav. 17, maço 2, no. 24. The original manuscript of ratification signed by John II. at Setubal on September 5, 1494, is in the Archives of the Indies, "Legajo escogido"].
Read the full Text Click Here |
