Treaty of Tordesillas
Treaty between Spain and Portugal concluded at Tordesillas; June 7, 1494
Ratification by Spain, July 2, 1494.
Ratification by Portugal, September 5, 1494.
Background:
The
Treaty of Tordesillas was agreed upon by the Spanish and the Portuguese to clear
up confusion on newly claimed land in the New World. The early 1400's brought
about great advances in European exploration. In order make trade more efficient,
Portugal attempted to find a direct water route to the India and China. By using
a direct water route, Arab merchants, who owned land trade routes, were not
able to make a profit off of the European trade merchants. After Columbus discovered
the New World in 1492, it was clear that conflict would soon arise over land
claims by Spain and Portugal. The Portuguese also wanted to protect their monopoly
on the trade route to Africa and felt it too threatened. It was only after the
realization that Columbus had found something big that land became the important
issue. The newly discovered land held great potential wealth which would benefit
European nations.
On May 4, 1493 Pope Alexander VI took action to clear up any confusion that
may have arisen over territorial claims. He issued a decree which established
an imaginary line running north and south through the mid-Atlantic, 100 leagues
(480 km) from the Cape Verde islands. Spain would have possession of any unclaimed
territories to the west of the line and Portugal would have possession of any
unclaimed territory to the east of the line.
After further exploration, the Portuguese grew dissatisfied with the agreement
when they realized how much more land Spain had been given. In June of 1494
the line was re-negotiated and the agreement was officially ratified during
a meeting in the Spanish town of Tordesillas. The Treaty of Tordesillas re-established
the line 370 leagues (1,770 km) west of the Cape Verde Islands.
It was evident that there little exploration had taken place at the time the
treaty was signed because Spain was granted a much larger portion of land. Portugal
was only given possession of Brazil. Portugal pushed over the next several hundred
years to moved the border of Brazil westward. Because the line was not very
well defined, the Spanish did not put up any opposition to this Portuguese expansion.
ENGLISH TRANSLATION.
Don Ferdinand and Dona Isabella, by the grace of God king and queen of Castile,
Leon, Aragon, Sicily, Granada, Toledo, Valencia, Galiciaj Majorca Seville, Sardinia,
Cordova, Corsica, Murcia, Jaen, Algarve, Algeciras, Gibraltar, and the Canary
Islands, count and countess of Barcelona, lord and lady of Biscay and Molina,
duke and duchess of Athens and Neopatras, count and countess of Roussillon and
Cerdagne, marquis and marchioness of Oristano and Gociano, together with the
Prince Don John, our very dear and very beloved first-born son, heir of our
aforesaid kingdoms and lordships. Whereas by Don Enrique Enriques, our chief
steward, Don Gutierre de Cardenas, chief commissary of Leon, our chief auditor,
and Doctor Rodrigo Maldonado, all members of our council, it was treated, adjusted,
and agreed for us and in our name and by virtue of our power with the most serene
Dom John, by the grace of God, king of Portugal and of the Algarves on this
side and beyond the sea in Africa, lord of Guinea, our very dear and very beloved
brother, and with Ruy de Sousa, lord of Sagres and Berenguel, Dom Joao de Sousa,
his son, chief inspector of weights and measures of the said Most Serene King
our brother, and Ayres de Almada, magistrate of the civil cases in his court
and member of his desembargo, all members of the council of the aforesaid Most
Serene King our brother, [and acting] in his name and by virtue of his power,
his ambassadors, who came to us in regard to the controversy over what part
belongs to us and what part to the said Most Serene King our brother, of that
which up to this seventh day of the present month of June, the date of this
instrument, is discovered in the ocean sea, in which said agreement our aforesaid
representatives promised among other things that within a certain term specified
in it we should sanction, confirm, swear to, ratify, and approve the above-mentioned
agreement in person: we, wishing to fulfill and fulfilling all that which was
thus adjusted, agreed upon, and authorized in our name in regard to the above-mentioned,
ordered the said instrument of the aforesaid agreement and treaty to be brought
before us that we might see and examine it, the tenor of which, word for word,
is as follows:
In the name of God Almighty, Father, Son, and Holy Ghost, three truly separate
and distinct persons and only one divine essence. Be it manifest and known to
all who shall see this public instrument, that at the village of Tordesillas,
on the seventh day of the month of June, in the year of the nativity of our
Lord Jesus Christ 1494, in the presence of us, the secretaries, clerks, and
notaries public subscribed below, there being present the honorable Don Enrique
Enriques, chief steward of the very exalted and very mighty princes, the lord
and lady Don Ferdinand and Dona Isabella, by the grace of God king and queen
of Castile, Leon, Aragon, Sicily, Granada, etc., Don Gutierre de Cardenas, chief
auditor of the said lords, the king and queen, and Doctor Rodrigo Maldonado,
all members of the council of the said lords, the king and queen of Castile,
Leon, Aragon, Sicily, Granada, etc., their qualified representatives of the
one part, and the honorable Ruy de Sousa, lord of Sagres and Berenguel, Dom
Juan de Sousa, his son, chief inspector of weights and measures of the very
exalted and very excellent lord Dom John, by the grace of God king of Portugal
and of the Algarves on this side and beyond the sea in Africa, lord of Guinea,
and Ayres de Almada, magistrate of civil cases in his court and member of his
desembargo, all of the council of the said lord King of Portugal, and his qualified
ambassadors and representatives, as was proved by both the said parties by means
of the letters of authorization and procurations from the said lords their constituents,
the tenor of which, word for word, is as follows:
[Here follow the full powers granted by Ferdinand and Isabella to Don Enrique
Enriques, Don Gutierre de Cardenas, and Dr. Rodrigo Maldonado on June 5, 1494;
and the full powers granted by John II. to Ruy de Sousa, Joao de Sousa, and
Ayres Almada on March 8, 1494.]
"Thereupon it was declared by the above-mentioned representatives of the
aforesaid King and Queen of Castile, Leon, Aragon, Sicily, Granada, etc., and
of the aforesaid King of Portugal and the Algarves, etc.:
[I.] 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 Arctic to the Antarctic pole. This boundary or line shall
be drawn straight, as aforesaid, at a distance of three hundred and seventy
leagues west of the Cape Verde Islands, being calculated by degrees, or by any
other manner as may be considered the best and readiest, provided the distance
shall be no greater than abovesaid. And all lands, both islands and mainlands,
found and discovered already, or to be found and discovered hereafter, by the
said King of Portugal and by his vessels on this side of the said line and bound
determined as above, toward the east, in either north or south latitude, on
the eastern side of the said bound provided the said bound is not crossed, 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, both islands and mainlands,
found or to be found hereafter, discovered or to be discovered hereafter, which
have been discovered or shall be discovered by the said King and Queen of Castile,
Aragon, etc., and by their vessels, on the western side of the said bound, determined
as above, after having passed the said bound toward the west, in either its
north or south latitude, shall belong to, and remain in the possession of, and
pertain forever to, the said King and Queen of Castile, Leon, etc., and to their
successors.
[2.] Item, the said representatives promise and affirm by virtue of the powers
aforesaid, that from this date no ships shall be despatched-namely as follows:
the said King and Queen of Castile, Leon, Aragon, etc., for this part of the
bound, and its eastern side, on this side the said bound, which pertains to
the said King of Portugal and the Algarves, etc.; nor the said King of Portugal
to the other part of the said bound which pertains to the said King and Queen
of Castile, Aragon, etc.-for the purpose of discovering and seeking any mainlands
or islands, or for the purpose of trade, barter, or conquest of any kind. But
should it come to pass that the said ships of the said King and Queen of Castile,
Leon, Aragon, etc., on sailing thus on this side of the said bound, should discover
any mainlands or islands in the region pertaining, as abovesaid, to the said
King of Portugal, such mainlands or islands shall pertain to and belong forever
to the said King of Portugal and his heirs, and their Highnesses shall order
them to be surrendered to him immediately. And if the said ships of the said
King of Portugal discover any islands and mainlands in the regions of the said
King and Queen of Castile, Leon, Aragon, etc., all such lands shall belong to
and remain forever in the possession of the said King and Queen of Castile,
Leon, Aragon, etc., and their heirs, and the said King of Portugal shall cause
such lands to be surrendered immediately.
[3.] Item, in order that the said line or bound of the said division may be
made straight and as nearly as possible the said distance of three hundred and
seventy leagues west of the Cape Verde Islands, as hereinbefore stated, the
said representatives of both the said parties agree and assent that within the
ten months immediately following the date of this treaty their said constituent
lords shall despatch two or four caravels, namely, one or two by each one of
them, a greater or less number, as they may mutually consider necessary. These
vessels shall meet at the Grand Canary Island during this time, and each one
of the said parties shall send certain persons in them, to wit, pilots, astrologers,
sailors, and any others they may deem desirable. But there must be as many on
one side as on the other, and certain of the said pilots, astrologers, sailors,
and others of those sent by the said King and Queen of Castile, Aragon, etc.,
and who are experienced, shall embark in the ships of the said King of Portugal
and the Algarves; in like manner certain of the said persons sent by the said
King of Portugal shall embark in the ship or ships of the said King and Queen
of Castile, Aragon, etc.; a like number in each case, so that they may jointly
study and examine to better advantage the sea, courses, winds, and the degrees
of the sun or of north latitude, and lay out the leagues aforesaid, in order
that, in determining the line and boundary, all sent and empowered by both the
said parties in the said vessels, shall jointly concur. These said vessels shall
continue their course together to the said Cape Verde Islands, from whence they
shall lay a direct course to the west, to the distance of the said three hundred
and seventy degrees, measured as the said persons shall agree, and measured
without prejudice to the said parties. When this point is reached, such point
will constitute the place and mark for measuring degrees of the sun or of north
latitude either by daily runs measured in leagues, or in any other manner that
shall mutually be deemed better. This said line shall be drawn north and south
as aforesaid, from the said Arctic pole to the said Antarctic pole. And when
this line has been determined as abovesaid, those sent by each of the aforesaid
parties, to whom each one of the said parties must delegate his own authority
and power, to determine the said mark and bound, shall draw up a writing concerning
it and affix thereto their signatures. And when determined by the mutual consent
of all of them, this line shall be considered as a perpetual mark and bound,
in such wise that the said parties, or either of them, or their future successors,
shall be unable to deny it, or erase or remove it, at any time or in any manner
whatsoever. And should, perchance, the said line and bound from pole to pole,
as aforesaid, intersect any island or mainland, at the first point of such intersection
of such island or mainland by the said line, some kind of mark or tower shall
be erected, and a succession of similar marks shall be erected in a straight
line from such mark or tower, in a line identical with the above-mentioned bound.
These marks shall separate those portions of such land belonging to each one
of the said parties; and the subjects of the said parties shall not dare, on
either side, to enter the territory of the other, by crossing the said mark
or bound in such island or mainland.
[4.] Item, inasmuch as the said ships of the said King and Queen of Castile,
Leon, Aragon, etc., sailing as before declared, from their kingdoms and seigniories
to their said possessions on the other side of the said line, must cross the
seas on this side of the line, pertaining to the said King of Portugal, it is
therefore concerted and agreed that the said ships of the said King and Queen
of Castile, Leon, Aragon, etc., shall, at any time and without any hindrance,
sail in either direction, freely, securely, and peacefully, over the said seas
of the said King of Portugal, and within the said line. And whenever their Highnesses
and their successors wish to do so, and deem it expedient, their said ships
may take their courses and routes direct from their kingdoms to any region within
their line and bound to which they desire to despatch expeditions of discovery,
conquest, and trade. They shall take their courses direct to the desired region
and for any purpose desired therein, and shall not leave their course, unless
compelled to do so by contrary weather. They shall do this provided that, before
crossing the said line, they shall not seize or take possession of anything
discovered in his said region by the said King of Portugal; and should their
said ships find anything before crossing the said line, as aforesaid, it shall
belong to the said King of Portugal, and their Highnesses shall order it surrendered
immediately. And since it is possible that the ships and subjects of the said
King and Queen of Castile, Leon, etc., or those acting in their name, may discover
before the twentieth day of this present month of June, following the date of
this treaty, some islands and mainlands within the said line, drawn straight
from pole to pole, that is to say, inside the said three hundred and seventy
leagues west of the Cape Verde Islands, as aforesaid, it is hereby agreed and
determined, in order to remove all doubt, that all such islands and mainlands
found and discovered in any manner whatsoever up to the said twentieth day of
this said month of June, although found by ships and subjects of the said King
and Queen of Castile, Aragon, etc., shall pertain to and remain forever in the
possession of the said King of Portugal and the Algarves, and of his successors
and kingdoms, provided that they lie within the first two hundred and fifty
leagues of the said three hundred and seventy leagues reckoned west of the Cape
Verde Islands to the above-mentioned line-in whatsoever part, even to the said
poles, of the said two hundred and fifty leagues they may be found, determining
a boundary or straight line from pole to pole, where the said two hundred and
fifty leagues end. Likewise all the islands and mainlands found and discovered
up to the said twentieth day of this present month of June by the ships and
subjects of the said King and Queen of Castile, Aragon, etc., or in any other
manner, within the other one hundred and twenty leagues that still remain of
the said three hundred and seventy leagues where the said bound that is to be
drawn from pole to pole, as aforesaid, must be determined, and in whatever part
of the said one hundred and twenty leagues, even to the said poles,-they that
are found up to the said day shall pertain to and remain forever in the possession
of the said King and Queen of Castile, Aragon, etc., and of their successors
and kingdoms; just as whatever is or shall be found on the other side of the
said three hundred and seventy leagues pertaining to their Highnesses, as aforesaid,
is and must be theirs, although the said one hundred and twenty leagues are
within the said bound of the said three hundred and seventy leagues pertaining
to the said King of Portugal, the Algarves, etc., as aforesaid.
And if, up to the said twentieth day of this said month of June, no lands are
discovered by the said ships of their Highnesses within the said one hundred
and twenty leagues, and are discovered after the expiration of that time, then
they shall pertain to the said King of Portugal as is set forth in the above.
The said Don Enrique Enriques, chief steward, Don Gutierre de Cardenas, chief
auditor, and Doctor Rodrigo Maldonado, representatives of the said very exalted
and very mighty princes, the lord and lady, the king and queen of Castile, Leon,
Aragon, Sicily, Granada, etc., by virtue of their said power, which is incorporated
above, and the said Ruy de Sousa, Dom Joao de Sousa, his son, and Arias de Almadana,
representatives and ambassadors of the said very exalted and very excellent
prince, the lord king of Portugal and of the Algarves on this side and beyond
the sea in Africa, lord of Guinea, by virtue of their said power, which is incorporated
above, promised, and affirmed, in the name of their said constituents, [saying
that they and their successors and kingdoms and lordships, forever and ever,
would keep, observe, and fulfill, really and effectively, renouncing all fraud,
evasion, deceit, falsehood, and pretense, everything set forth in this treaty,
and each part and parcel of it; and they desired and authorized that everything
set forth in this said agreement and every part and parcel of it be observed,
fulfilled, and performed as everything which is set forth in the treaty of peace
concluded and ratified between the said lord and lady, the king and queen of
Castile, Aragon, etc., and the lord Dom Alfonso, king of Portugal (may he rest
in glory) and the said king, the present ruler of Portugal, his son, then prince
in the former year of 1479, must be observed, fulfilled, and performed, and
under those same penalties, bonds, securities, and obligations, in accordance
with and in the manner set forth in the said treaty of peace. Also they bound
themselves [by the promise]that neither the said parties nor any of them nor
their successors forever should violate or oppose that which is abovesaid and
specified, nor any part or parcel of it, directly or indirectly, or in any other
manner at any time, or in any manner whatsoever, premeditated or not premeditated,
or that may or can be, under the penalties set forth in the said agreement of
the said peace; and whether the fine be paid or not paid, or graciously remitted,
that this obligation, agreement, and treaty shall continue in force and remain
firm, stable, and valid forever and ever. That thus they will keep, observe,
perform, and pay everything, the said representatives, acting in the name of
their said constituents, pledged the property, movable and real, patrimonial
and fiscal, of each of their respective parties, and of their subjects and vassals,
possessed and to be possessed. They renounced all laws and rights of which the
said parties or either of them might take advantage to violate or oppose the
foregoing or any part of it; and for the greater security and stability of the
aforesaid, they swore before God and the Blessed Mary and upon the sign of the
Cross, on which they placed their right hands, and upon the words of the Holy
Gospels, wheresoever they are written at greatest length, and on the consciences
of their said constituents, that they, jointly and severally, will keep, observe,
and fulfill all the aforesaid and each part and parcel of it, really and effectively,
renouncing all fraud, evasion, deceit, falsehood, and pretense, and that they
will not contradict it at any time or in any manner. And under the same oath
they swore not to seek absolution or release from it from our most Holy Father
or from any other legate or prelate who could give it to them. And even though,
proprio motu, it should be given to them, they will not make use of it; rather,
by this present agreement, they, acting in the said name, entreat our most Holy
Father that his Holiness be pleased to confirm and approve this said agreement,
according to what is set forth therein; and that he order his bulls in regard
to it to be issued to the parties or to whichever of the parties may solicit
them, with the tenor of this agreement incorporated therein, and that he lay
his censures upon those who shall violate or oppose it at any time whatsoever.
Likewise, the said representatives, acting in the said names, bound themselves
under the same penalty and oath, that within the one hundred days next following,
reckoned from the day of the date of this agreement, the parties would mutually
exchange the approbation and ratification of this said agreement, written on
parchment, signed with the names of the said lords, their constituents, and
sealed with their hanging leaden seals; and that the instrument which the said
lords, the king and queen of Castile, Aragon, etc., should have to issue, must
be signed, agreed to, and sanctioned by the very noble and most illustrious
lord, Prince Don Juan, their son. Of all the foregoing they authorized two copies,
both of the same tenor exactly, which they signed with their names and executed
before the undersigned secretaries and notaries public, one for each party.
And whichever copy is produced, it shall be as valid as if both the copies which
were made and executed in the said town of Tordesillas, on the said day, month,
and year aforesaid, should be produced. The chief deputy, Don Enrique, Ruy de
Sousa, Dom Juan de Sousa, Doctor Rodrigo Maldonado, Licentiate Ayres. Witnesses
who were present and who saw the said representatives and ambassadors sign their
names here and execute the aforesaid, and take the said oath: The deputy Pedro
de Leon and the deputy Fernando de Torres, residents of the town of Valladolid,
the deputy Fernando de Gamarra, deputy of Zagra and Cenete, contino of the house
of the said king and queen, our lords, and Joao Suares de Sequeira, Ruy Leme,
and Duarte Pacheco, continos of the house of the said King of Portugal, summoned
for that purpose. And I, Fernando Alvarez de Toledo, secretary of the king and
queen, our lords, member of their council, and their scrivener of the high court
of justice, and notary public in their court and throughout their realms and
lordships, witnessed all the aforesaid, together with the said witnesses and
with Estevan Vaez, secretary of the said King of Portugal, who by the authority
given him by the said king and queen, our lords, to certify to this act in their
kingdoms, also witnessed the abovesaid; and at the request and with the authorization
of all the said representatives and ambassadors, who in my presence and his
here signed their names, I caused this public instrument of agreement to be
written. It is written on these six leaves of paper, in entire sheets, written
on both sides, together with this leaf, which contains the names of the aforesaid
persons and my sign; and the bottom of every page is marked with the notarial
mark of my name and that of the said Estevan Vaez. And in witness I here make
my sign, which is thus. In testimony of truth: Fernando Alvarez. And I, the
said Estevan Vaez (who by the authority given me by the said lords, the king
and queen of Castile, and of Leon, to make it public throughout their kingdoms
and lordships, together with the said Fernando Alvarez, at the request and summons
of the said ambassadors and representatives witnessed everything), in testimony
and assurance thereof signed it here with my public sign, which is thus.
The said deed of treaty, agreement, and concord, above incorporated, having
been examined and understood by us and by the said Prince Don John, our son,
we approve, commend, confirm, execute, and ratify it, and we promise to keep,
observe, and fulfill all the abovesaid that is set forth therein, and every
part and parcel of it, really and effectively. We renounce all fraud, evasion,
falsehood, and pretense, and we shall not violate or oppose it, or any part
of it, at any time or in any manner whatsoever. For greater security, we and
the said prince Don John, our son, swear before God and Holy Mary, and by the
words of the Holy Gospels, wheresoever they are written at greatest length,
and upon the sign of the Cross upon which we actually placed our right hands,
in the presence of the said Ruy de Sousa, Dom Joao de Sousa, and Licentiate
Ayres de Almada, ambassadors and representatives of the said Most Serene King
of Portugal, our brother, thus to keep, observe, and fulfill it, and every part
and parcel of it, so far as it is incumbent upon us, really and effectively,
as is abovesaid, for ourselves and for our heirs and successors, and for our
said kingdoms and lordships, and the subjects and natives of them, under the
penalties and obligations, bonds and abjurements set forth in the said contract
of agreement and concord above written. In attestation and corroboration whereof,
we sign our name to this our letter and order it to be sealed with our leaden
seal' hanging by threads of colored silk. Given in the town of Arevalo, on the
second day of the month of July, in the year of the nativity of our Lord Jesus
Christ, 1494.
I, THE KING. I, THE QUEEN. I, THE PRINCE.
I, FERNANDO ALVAREZ de Toledo, secretary of the king and of the queen, our lords,
have caused it to be written by their mandate.