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VolumeXXII1 October,
1g96 [Numberz

ALEXANDER VI. AND THE DEMARCATION OF THE


MARITIME AND COLONIAL DOMAINS OF SPAIN
AND PORTUGAL, I493-I4941

pERHAPS thereare, in the whole historyof diplomacy,no docu-


ments which have aroused more passionate discussionsand
given occasion to more divergentcommentaries, than the bulls of
Alexander VI. relatingto the colonial expansion of Spain. Pro-
mulgatedat a criticalmonment in the evolutionof Europe, a moment
markedbytheriseof themiodern statesand the declineof thepapacy,
theybelongto a period of politicaland religioustransition. If they
have obtainedso extraordinarya prominence,it is because of the
mass of various and importanteventswith which theywere asso-
ciated: the rapid enlargementof the geographicalhorizon,colonial
expansion,religiouspropaganda,the foundationof international law,
the transformationof the relations between Church and State.
They have been publishedin the great diplomaticcollections,and
thechiefof them (Intercaetera,May 4) is foundin the Corpus of
the Catholiccanon law. It is nowise surprisingthattheyhave been
consideredfromvery different points of view: theyhave been of
interestalike to geographersand to historians,to theologians,states-
men,and jurists,and the opinionsexpressed regardingthem have
varied withthe different epochs,quite as muchas withthe different
minds of those expressingthem. To relate the historyof the dis-
cussions occasionedby these documentswould be to set forthcom-
prehensivelyall the transformations of modernand contemporary
historiography.
Even to-day,despitethe searchinginvestigations to whichthese
1 This article constitutesa part of a studyconcerningthe significanceof the
tlullof demarcationin the historyof colonial expansion. The author is professor
of geography,diplomatic,and palaeographyin the Universityof Liege, but is. now
residentin Oxford, England. ED.
AM. HIST. REV., VOL. XXII.-i. (I)
2 H. VanderLinden
bulls have been subjected,despite the publicationof a numberof
sources already considerable,2opinionsare much divided,and sev-
eral problems,enigmaseven, are still to be solved, with respectto
theirscope and meaning.
In the firstplace what was the r6le of Alexander VI. himself?
Did he undertakea veritablepartitionof the world? And did he
do thisin the capacityof an arbiter,of a supremejudge, of a guard-
ian of the peace, or otherwise? Was he protectingthe interests
of the two leading colonial powers,or only those of one of them?
What was, at the beginning,the importanceof the line of demarca-
tion, and who was its author? What force did the Spanish sov-
ereignsand the princesof the period ascribe to the bulls in ques-
tion? The opinionwhichhas long prevailedis that which regards
AlexanderVI. as an arbiter. This opinionwas sustainedespecially
by Hugo Grotius,3and one of its principalupholdersat the present
time is L. Pastor.4 Accordingto this author,the pope, at the time
of the conflictwhich arose between Spain and Portugal with re-
spect to the lands discoveredby Columbus,was invitedto act as
mediator;he decided in a peaceful mannera series of very thorny
boundaryquestions,and these decisions are to be regardedas one
of the gloriesof the papacy.5 Anotherview,held by E. G. Bourne,
2 The study of the bulls of May 3 and 4 has been made easier since photo-

graphs of the transcriptsof them in the papal registershave been published by


Heywood, DocumnentaSelecta e Tabulario Secreto Vaticano qiuae Romanorum
Pontificumii erga AmiericaePopulos curam . . . testantur(Typis Vaticanis, I893),
and by J. B. Thacher, ChristopherColumbus,vol. II. The American Historical
Review has published(XIV. 764-776, I909) a photographof the bull Inter caetera
of May 3, and the Boletin del Centro de Estudios Americanistas (no. 7. April,
I9I5) reproducedanotherphotographof the same bull, and a photographof that
of May 4. The bull of September26, Dudum siquidem,has not been found in the
papal registers,but there are two copies of it in the Archives of the Indies at
Seville (see V. Llorens Asensio, La Primera Vuelta al Mundo, I903, appendix).
The text was publishedby Solorzano, De Indiarum Jure,I. 6I3 (I629). On this
bull, see the article by Miss Frances G. Davenport on " The Privileges of Colum-
bus ", American Historical Review, XIV. 767 (I909). Titles of bulls have
throughoutthe presentarticlebeen cited in normalizedLatin spelling,in deference
to custom,though in quotations from bulls, as in other quotations, the spelling
of the originalshas been preserved.
3 Grotius, De Mare Libero, cap. III.: [Alexander VI.] "lectus inter illos
[Lusitanos et Castellanos] arbiter".
4 L. Pastor, The History of the Popes, VI. I59-I62 (second ed., London,
1901). The same theoryis set forthby J. Hergenrother,Catholic Church and
ChristianState (London, I876), II. I49-154, and by M. Gosselin, The Power of
the Pope during the Middle Ages (London, I853), II. 240-243.
the bull of May 4, 1493, relativeto the
5 L. Pastor, op. cit.,VI. I62, interprets

colonial dominions of Spain, in accordance with that of 1497 relative to Portu-


guese Africa, and adds this singular remark: " If this formula [free consent of
Alexander VI. and theBulls ofDemarcation 3
S. E. Dawson, and H., Harrisse,0is that Alexander VI. intervened
in the conflictbetween Spain and Portugal,not as an arbiter,but
as supremejudge of Christendom,or guardian of its peace. It is
assertedthat,at least in respectof certaindispositionsappearingin
the bulls,he took the initiativein order to preventstrife. Finally,
an opinioncompletelydifferingfromall the precedinghas been ex-
pressed by E. Nys. He believes it possible to prove that the role
of AlexanderVI. was absolutelya nullity,his bullscontainingneither
an arbitraldecisionnor even an ascriptionof sovereignty.7

Among the problemswhich have most exercised the acuteness


of scholars is that of the dates of the firstthreebulls and of the
orderin whichtheywere issued. The firstbull Inter caetera,grant-
ing to the Spanish monarchsthe sovereigntyover the lands discov-
ered and to be discoveredtoward the westward,is dated May 3,
as is also the bull Eximiae devotionis,whichrepeatsthatportionof
the firstbull stipulatingthat that sovereigntyshall be exercised in
the same manneras thatof the King of Portugalin his possessions.
The second bull Inter caetera reproduces its predecessoralmost
completely,except for this stipulationrelativeto Portuguese sov-
ereignty,in the place of which appears a provisionestablishinga
line of demarcationin the Atlantic. This bull of demarcationis
dated May 4.
An examinationof the subscriptionsand of the habitual chan-
ceryindicationswill permitus to solve thisproblem,whichhas hith-
erto appeared insoluble. Thanks to the originalsof the two bulls
Inter caeteraand to the papal registerscontainingtranscriptsof the
three bulls, we can determinewhetherthe documentswere drawn
up or issued on the dates indicated,and at the same timecan deter-
mine exactlythe nature of these documents. In the firstplace, it
the inhabitants] is wantingin the documentof 1493, it is merelybecause it was
understood as included in the title itself". The same position is maintainedby
J. Hergenr6ther, op. cit.,II. 152. These scholars have omittedto read the essential
part of the " disposition" of the bull of 1497: " illa [regna infidelium]conquirendi
plenam et liberamfacultatemelargimur
6 E. G. Bourne. "The Demarcation Line of Alexander
VI." (Yale Review,
May, I892, pp. 35-55). The author republishedthis article with some additions
and modificationsin his Essays in Historical Criticismn (New York, I9OI); see
especially pp. i98-20o, 203, where he shows the effortsof Alexander VI. to
" satisfyhoth sides ". S. E. Dawson, "The Line of Demarcation of Pope Alex-
ander VI., I493, and the Treaty of Tordesillas, I494 " (Proceedings of the Royal
Society of Canada, I899, sect. II., p. 467; see pp. 490, 495). H. Harrisse, The
Diplomatic History of America (London, I897), pp. 32, 35, 39
7 E. Nys. Etudes de Droit Internationalet de Droit Politique (Brussels and
Paris, I896), p. 193.
4 H. Vander Linden

can be statedthattheyissuedfromthe cameraapostolicaand not


fromthe offices so called. The originals
of thechanceryproperly
in factbear, at the right,underthe lower fold,the signatureof the
personal secretary of Alexander VI., Ludovicus Podocatharus.
This person,a Cyprioteby birth,had already played an important
part in the chanceryunder Innocent VIII.; "abbreviator" of the
parcus minor(I478), bishopof Capaccio (I483), he had, as a physi-
cian, becomeone of the familiarsof thatpope and had won thecon-
fidenceof the vice-chancellorRodrigo Borgia.8
It was Podocatharus who ordered the issue of the three bulls:
he chargedthe abbreviator,G.-B. de Ferrariis,to draw up the bull
Inter caetera of May 3. This abbreviatorof the parcus major had
been one of the most devoted agents of Alexander VI. duringthe
latter'scardinalate. Born about I445, he was a clerkat Modena in
1462; he became a familiar of Innocent VIII., a scribe and ab-
breviatorassistingthe vice-chancellorRodrigo Borgia in the issue
of lettersapostolic (before I49I), and notary apostolic (July I7,
I492). He took pains to increasethe revenueof the chanceryand
of the camera apostolica by raisingthe cost of issue of documents.
Alexander VI. consideredhim a " marvellousinstrumentfor draw-
ing money" from new recipientsof beneficesor of ecclesiastical
offices,and rewardedhim by makinghim bishop of Modena (495)
and thengivinghim the lucrativepost of datarius (1496), of secre-
tary (1496) and of regentof the chancery(I499), and finallyby
raising him to the cardinalate (o500) and to the archbishopricof
Capua (I50I). He ran, it will be perceived,9a brilliantcareer,and
8 J. Ciampini,De Abbreviatorumde Parco Majori . . . Antiquo Statu (Rome,
I69I), p. 39; Anecdota Litteraria ex Manuscriptis Codicibus eruta [c. i7731, I.
273-3I4; Centralblattfur Bibliothekswesen,XVIII. 473, 52!, 576 (I9oi); Bur-
chard, Diarium (ed. Thuasne), II. 6iI, 670, appendix, L. Cardella, Memorie
Storiche de' Cardinali (Rome, I793), III. 287, describes Podocatharus as secretary
of briefs. On November Io, I492, Pierre d'Aubusson,grand master of the Order
of Rhodes, addressed to Podocatharus his congratulationsupon the accession of
AlexanderVI.; in this letterhe commendshighlythe qualities which the secretary
had already exhibited," virtus,prudencia, et litteratura" (V. Lamansky, Secrets
d'etat de Venise, St. Petersburg, 1884, p. 289). In the conclave of 1503 Podo-
catharus had the suffragesof all the Spanish cardinals. Pastor, History of the
Popes, VI. I89.
9 L. Celier, Les Dataires du XVe Siecle et les Origines de la Daterie Aposto-
lique (fasc. 103 of the BibliothQquedes Ecoles Fransaises dAth.Aneset de Rome,
1910, pp. 59-65). J.-B. de Ferrariis appears among the abbreviatorsof the parcus
major on June 5, 1493 (Burckard, ed. Celani, I. 438), and also in 1497, 1498, and
1499 (ibid., II. 38, 113, 149). His name is found in the list of the scribes in
1497, I498, and 1499 (ibid., II. 37, 110, I5I). In 1498 he was also solicitor apos-
tolic (ibid., II. I03). In I5oo he ol3tainedthe position of datarius, for which,
according to the contemporarychronicler Giustiniani (quoted by Celani in his
Alexander VI. and the Bulls of Demarcation 5

by I493 he was an importantand influentialpersonage. He was


one of the witnessesof the takingof the oath by Cardinal Ascanio
Sforza when the latterwas installedas vice-chancellor. Thus it is
the signatureof one of the most importantofficersof the chancery
whichwe findin themiddleof the lower foldof the bull in question,
in the place reservedforthe abbreviator,that is to say, betweenthe
two holes made in the parchmentto admitthe cords of the seal.
The minuteof the bull of May 4 was drawn up by anotherab-
breviator,J. Bufolinus. His name,writtenin an abbreviatedform,
has been incorrectly decipheredup to the presenttime. The scribe
of the Bishop of Barcelona, P. Garcia, who providedthe vidimnus
of this bull, dated July i9, I493, wrote Jo. Lur., and this reading
has been taken over into the printedcartularies. The abbreviator
in questionwas already in officeunder InnocentVIII. in I492 ;1O he
appears upon the list of June5, 1493, as well as upon thatof i496.11
He belongedno doubt to the same familyas J. P. de Bufalinis de
Castello,who was also an abbreviatorof the parcusmajor and scribe
apostolic,and who died in I470.12 He did not himselfsign the bull,
but allowed his place to be takenby his colleague A. Santoseverino,
whose paraphe followsthe words "'Pro Jo. Buf." on-thelower fold
of the document. The name of this otherabbreviatoris found on
the various lists of the officesof the parcus major from I493 on.'3
The minutes,passing to the bureau of the apostolicscribes,were
examined firstby the chiefs of the latter,the rescribendariusand
sometimesthe accountant(computator),in orderto fix the tax due
to this bureau (this tax was obligatory,as was also that of the ab-
breviators,even in the case of those bulls which were said to be
expeditedgratis). They wroteupon it theirnames and the firstsyl-
lable of the monthin which the expeditinghad begun. Thanks to
edition of Burckard, II. 332, note I), Alexander VI. "could not easily find his
equal ". He was poisoned July20 or 27, 1502, perhaps by his secretarySebastian
Pinzon.
10J. Ciampini,De Abbreviatorumde Parco Majori . . . Antiquo Statuc,p. xiii:
Jo. Buffolinusseu Buffolinius.
11Burckard (ed. Celani), I. 438, 607: Jo. Bufolinus.
12 Ibid., I. 6o8, note 2.

13 The " paraphe " of A. Santoseverino has also been read incorrectly. The
cartularies copy it as Consenino, whereas the text gives Sco seutino. Antonio
Santoseverinoor de Sancto Severino is mentionedamong the abbreviatorsof the
parcus najor in '493, I496, 1497, and 1499 (Burckard,ed. Celani, I. 438, 607; II. 38,
113, 149). In 1498 he is also found among the sollicitatores(ibid., II. I03). He
was doubtlessthe son of GiambattistaCaccialupi de Sancto Severino, jurisconsult
of Siena, who exercised the functionsof consistorial advocate from I486 to his
death in 1496 (ibid., I. 177, note z, 380, 447, note O).
6 H. Vander Linden

the papal registers,we know the indicationswhich were placed


upon the draftsof the threebulls. They were as follows:
Inter caenera, May 3. Eximiziae, May 3. Inter caelera, May 4.
Gratis de mandato............. Gratis de mandato s. d. n. pape Gratis de manidato s. d. n. pape
apIril]i B. Capotius jul[io] J. Nilis jun[io] pro R[escribenda]riola A.
D. Serrano 14 de Mucciarellis ]

The rescribendariusbeing appointedfora periodof threemonths,


it can be seen that the one who had been designatedfor the second
quarterof the year I493 was B. Capotius. He is mentionedas still
among the apostolic scribeson June 5 of this year. But the diary
of Burckard informsus that he was ill at this time and for this
reason could not furnishthe chamberlainwith the list of pontifical
scribes,nor take part,the next day,in a processionin whichit would
have been his dutyto representtheircorporation.16It will be per-
ceived that he was absent when the draft of the bull of May 4
reached the bureau of the scribesand that his place was taken by
A. de Mucciarellis,one of the eldest of theirnumber. The latter
had alreadyexercisedthe functionsof rescribendariusunder similar
circumstancesin September,I489.17 As he on that occasion per-
formedthese duties untilthe end of the month,it is probablethat
the same was done in I493 and thatconsequentlyhe signedthe other
bulls of the monthof June. At any rate he signedthat of June25,
appointingFriar Buil as missionary.18For the thirdquarterof the
year a new rescribendariuts was elected and, in fact,we see on the
bull Exiniae (May 3), the expeditingof whichbegan in the month
14 Didacus Serrano is the accountant. He appears as scribe and solicitor

apostolic in 1493, I497, I498, and 1499 (Burekard, ed. Celani, I. 430, 436, 6io;
II. 36, 104, III, II5, I45, 150).
1S Hitherto the reading has been, erroneously, Registerio or Reverendissimo.
16 Baptistas Capotius or de Capotiis came from Viterbo, as is shown by a
documentof I475, cited by Celani in his edition of Burckard (I. 439, note 2). He
is not mentionedin the list of papal scribes subsequent to June 5, 1493 (ibid., p.
436). He has been confoundedwith BernardinusCapocius, or Capacius, clerk of
Siena (ibid., TI. 380), who became auditor and then datarius under Pius III. (Sig-
ism. Titii "Historiarum Senensium", in Archivio Storico Italiano, XXXII. II9).
17 " Antoniusde Mucciarellis fecit pro eo [Franc. de Suno] officium rescriben-
dariatus taxando et signando bullas more solito, qui et post obitumejusdem abque
alia deputationeofficiumhujusmodi usque ad finemhujus mensis septembriscon-
tinuavit" (Burckard,ed. Celani, I. 276). A. de Mucciarellis,a native of Bologna,
is mentionedas apostolic scribe in 1487 (ibid., p. 203). In June, 1493, he him-
self, in lieu of the rescribendarius,drew up the list of his colleagues (ibid., p.
436). He appears also in the lists of 1497, 1498, and 1499, in whichlast year he is
listed as decanus et senior (ibid., II. 35, IIo, I50).
1' This bull of June25, 1493, copied into the papal registers,is reproducedby
Heywood,Documenta Selecta, pp. 27-32.
Alexander VI. and theBulls of Demarcation 7
of July,the name of anotherscribe,J. Nilis. This appears also on
the bull of September26.11
It has been made plain thatthebullsweretaxedand issuedat con-
siderableintervals;the firstbull Inter caetera (May 3) belongsto
the monthof April,the second Inter caetera (May 4) to June,and
the bull Eximiae (May 3) to July. If then,instead of arranging
the bulls in accordancewiththeirformaldates,we arrangethemin
the orderof theirexpediting,the bull Eximiae shouldbe placed last.
Before being sent to theirdestination,the bulls had to be regis-
teredand collated,additionalcauses of delay. In the registersthey
appear in the orderof theirexpediting.20From calculationswhich
have been made, it appears that the expeditingof a bull took at
least twelve days. In urgentcases a whole monthelapsed between
the sendingof instructions fromSpain and the arrivalin thatcoun-
tryof the bull requested.2' These new chronologicaldata will per-
mit us to place more exactly the other diplomaticand narrative
sources which relate to the pretensionsof the Spanish sovereign
and to the attitudeof the Holy See toward Spain and Portugal.
We have hencefortha solid basis for studyingthe contentsof the
19 Copy of the bull of September26, in the cartularyof Columbus at Wash-
ington; I owe this detail to the obligingkindness of Miss Frances G. Davenport.
Giovanni Nilis was both scribe and abbreviatorapostolic during the years I493,
1497, and I498 (Burckard, ed. Celani, I. 435, 437, 6o8; II. 34, 36, I09, III, 249,
i5i). The same cartularygives the name P. Gormaz after that of J. Nilis. He
was no doubt accountantof the officeof the scribes for the monthiof September.
He appears in the list of the scribes in I493 (ibid., I. 438). He was a canon of
Saragossa, and in 1498 became bishop of Narni.
20 The bull Inter caetera of May 3 is found in register775, fol. 42 vo.; the

bull Inter caetera of May 4, in register777, fol. I92 vo.; and the bull Eximiae
(May 3), in register879, fol. 234. The firstbull Inter caetera was registeredby
Nicolas de Casanova, scribe apostolic (Burckard, ed. Celani, I. 437), and collated
by Aloisius de Campania, who appears as notaryof the apostolic chamberin 1490
(A. Gottlob,Aus der Camera Apostolica des I3. Jahrhunderts,i889, p. 275), and
in I500 (Burckard, ed. Celani, II. 235). He was also collector of the plumbaria
from 2486 on (P. M. Baumgarten,Aus Kantzleiund Kammer,Freiburgi. B., I907,
p. 35I), and Burckardmentionshim as such in 2493 and I497 (ibid., I., 429; II.
26). The othertwo bulls were registeredby Dominicus Gallettus,scribe,solicitor,
and secretaryapostolic (ibid., I. 430, 437, 6io; II. 36, III, I50, 304, 305). The
second bull Inter caetera was collated by the notaryL. Amerinus,whose service
was prolongedinto the pontificateof Leo X. (see the registersof that pope, ed.
Hergenr6ther,nos. ii8, 124, I50). Finally, the bull Eximiae was collated by
Giovanni Ebu of Viterbo,bishop of Cotrona and papal secretary(Sigismundo de'
Conti,Le Storie de' stuoiTempi, 1. IX., t. II., p. 40; Burckard,ed. Celani, I. 649;
A. Gottlob,Aus der Camera Apostolica des r5. Jahrhunderts, I889, p. I87, note 2).
21 Thus the bull of June 25 designatingFriar Buil as missionary,requested

on June 7, reached Spain before July25 (Bol. Acad. de la Historia, Madrid, XIX.
I85; Navarrete,Coleccion de los Viages, II. 77).
8 H. VanderLinden
bulls themselves,and for comparingtheir differentforms in the
lightof othercontemporary documents.
In thefirstplace,we maynow followwithsecuritythe routepur-
sued by the firstbull Inter caetera after its expediting. It is this
bull and not-as has hithertobeen supposed-the second bull be-
ginningwith the same preamble,which was sent by Podocatharus
on May 17, I493, to the nuncioat the courtof Spain.22 Therefore
it could not have been deliveredto those for whom it was intended
till in the last thirdof that month. Consequently,it could not have
been till the end of May or till June that the Spanish sovereigns
addressed to theirambassadorsin Rome the instructionsnecessary
forobtaininga new bull intendedto replace the first. That second
documentwas expedited,we have perceived,in the monthof June
and reached Spain beforeJulyI9, for on that date a notary,secre-
tary to the Bishop of Seville, delivereda vidimus of it, dated at
Barcelona.23

The differentbulls are addressed solely to Ferdinand and Isa-


bella, kings of Castile,Leon, Aragon,and Granada; the intitulation
of the bull of May 4 also reads, afterAragon," of Sicily '.
If the two bulls Inter caeteraare compared,it appears thattheir
preamblesare identical; they treat,as does one of the analogous
bulls grantedto the kings of Portugal,the themeof the extension
of the faith in barbarous lands. The bull Eximiae has a shorter
preamble,but it relatesto the same subject. In the bull of Septem-
ber 26 (Dudum siquidem) the intitulationis followedimmediately
by the narration.
The " narrations' of the two bulls Inter caeterapresentremark-
able differences.While the firstrecites the discoveryof "lands
and islands remoteand unknownin the westernregions,said to be
toward the Indies, in the Ocean Sea ", a discoverydue to Chris-
topherColumbus,the second insistsupon the factthatthereis ques-
tion of " continentallands " discoveredbeyondthe ocean and adds
flatteringtermsto the name of Columbus-a man absolutelyworthy,
and highlyto be recommended,and capable of executingan enter-
prise of such magnitude. We shall see thatthis additionwas prob-
ablymade at the requestof Columbushimself. As to thenarrations
22 The letter of Podocatharus to the nuncio in Spain, Frangois de Sprats
(May 17, 1493), is given in [H. Harrissel, Bibliotheca Americana Vetustissima,
Additions (Paris, I872), p. 2, note 2.
23 The cartularies of Columbus reproducedthese vidimus; see, e. g., that of
Paris (B3. F. Stevens, ChristopherColumbus: his own Book of Privileges, I5o2,
London, I893, fols. 182-197).
Alexander VI. and theBulls ofDemarcation 9
of the bulls Eximiae and Dudum siqtidem, theyrecall respectively
thegrantsmade by thetwo bullsInter caetera.
Let us examine separatelythe "dispositions" of the two bulls
Inter caetera. By that of May 3, the pope, in the plenitudeof his
apostolicauthority,grantsto the Spanish sovereignsthe lands and
islands discoveredin the west,towardthe Indies in the Ocean Sea,
as well as thoseyetto be discoveredin thatdirection,providedthey
do not already belong to any Christianprince,and forbidsall per-
sons to approachthemfor commerceor for otherpurposeswithout
authorizationfrom these sovereigns. It provides that, in these
regions,those sovereignsshall exercise the same rightsas those
previouslygrantedby the Holy See to the kingsof Portugal in the
lands discoveredforthese princes,in Africa,in Guinea,at Elmina,
and elsewhere. The bull of May 4 grantsthe islands and continen-
tal lands (terrasfirmas)discoveredor to be discovered,not solely
in the west, but also in the south,and as well in the directionof
India as in all otherregions. It establishesa line of demarcation
not to be passed by the subjectsof otherprinceswithoutauthoriza-
tion from the Spanish sovereigns. That line of demarcationis
placed, in strangephraseology,at one hundredleagues " to the west
and to the south" of the Azores and the Cape Verde Islands. It
is designatedin the same termsat the end of the disposition. This
expression," to the west and to the south", was withoutdoubtsub-
stitutedforthe words " to the west and in the Ocean Sea ", as any-
one may convincehimselfby comparingthosepassages in the other
bulls whichindicatethe directionof the discoveriesand, especially,
that in the bull of June 25, designatingFriar Buil as missionary.
This last, in fact, expeditedat the same period as the bull Inter
caetera of May 4, containsthe words " versus partesoccidentaleset
Mare occeanum". The same expressionis also found in the bull
Eximiae. At thatperiod it was customaryto locate the Ocean Sea
toward the south of our hemisphere,around the equatorial zone.
Beyond extendedthe " SouthernIndies " (Indiae Meridionales),an
expressionsubsequentlyappliedto South America. At bottomthen,
the transformation of "Mare occeanum" into "meridiem" is not
so violentas one mightat firstsuppose; it indicatesmore precisely
the directionwhichColumbusintendedto followin his second voy-
age, but it has introducedintothe text of the bull the contradiction
already often signalized. As to the position of the Azores, with
referenceto the Cape Verde Islands, it has alreadybeen rightlyre-
markedthatthe easternmostof the Azores is traversedby the same
meridianas the westernmostof the Cape Verde Islands.
The mentionof rightsanalogousto thoseenjoyedby the King of
Io H. Vander Linden

Portugal in his possessionsis not repeatedin the bull Intercaetera


of May 4. It formsthe main object of the bull Eximiae(May 3),
expeditedas we have seen in July. The textof the latterresembles
those of the two bulls Inter caetera.24
As to the bull of September26, it amplifiesthat of May 4 by
extendingthe sphereof influenceof Spain not onlyintothe western
and southernregionsbut also intothose of the East and of the In-
dies and provides,as does its predecessor,thatthe discoveriesshall
be made to the westwardand the southward(versus occidentemet
meridiem). No mentionis made of the line of demarcation,but it
does not follow,as H. Harrisse thought,that it was suppressed.
On the contrary,thisbull in fact confirmsall the dispositionsmade
in the precedingbulls and merelyamplifiesand extendsthem.25 In
any case, the fact that the line in questionis not mentionedon this
occasion provesthatthisline had not the originalimportancewhich
has been subsequentlyattributedto it.
As in otherdocumentsof this sort,the different bulls contain
derogativeclauses. These are especiallydeveloped in the bull of
September26; they declare that all the grants previouslymade,
" whetherto kings,to princes,to infantes,to religiousor to military
orders", respectingthe regions,seas, islands, or lands in question,
are revoked,whatevermayhave been themotivesof thesedonations
(piety,extensionof the faith,or redemptionof captives) and de-
spite the most rigorousclauses insertedin these grants,unless in
cases whenthesegrantshave been put intoeffectand when,in con-
sequence,actual and effectivepossessionhas been taken. It is ex-
presslyprovided-a curious fact-that previouspossessionshall not
in itselfconstitutea title.2t
24 The bull Eximiae devotionis,dated May 3, but expeditedin July,reproduces

especiallythe text of the bull Inter caetera bearing the same date, to which indeed
it relates; yet on the other hand the expressions terras firmasand versus partes
occidentales et mare Oceanum bring it into close relationwith the bull of May 4.
25 H. Harrisse, The Diplomnatic Historyof America,p. 68, is mistakenin say-
ing that " by this Bull . . . the Line of Demarcation [was] virtuallysuperseded".
The bull confirmsthe previous bulls in these terms: " Donationem,concessionem,
assignationemet litteras praedictas, cum omnibus et singulis in eisdem litteris
contentisclausulis,ad omnes et singulas insulas et terrasfirmasinventaset inveni-
endas . . . quae navigando aut itinerandoversus occidentemaut meridiemhujus-
modi sint vel fuerintaut apparuerintsive in partibus occidentalibusvel meridio-
nalibus et orientalibuset Indiae existant . . . perinde ac si in litterispraedictis
de eis plena et expressa mentio facta fuisset,extendimuspariter et ampliamus."
Solorzano, De Indiarumn Jure,I629, I. 6I3.
26 " Quae suum per actualem et realem possessionem non essent sortitae ef-

fectum,licet forsan aliquando illi quibus donationes et concessiones hujusmodi


factae fuissent,aut eoruni nuntii,ibidem navigassent". Solorzano, I. 6I3.
Alexander VI. and theBulls ofDemarcation II

Finally,in the firstthreebulls, the date is still precededby the


customaryformulaerelativeto the mode of promulgationand to the
penaltiesincurredby those committing infractions. In the bull of
September26, the formulaof promulgationis lacking,but the penal
clauses are to be foundin the " disposition".
As has been seen, the four bulls belong to the same category
of papal acts. They do not belongto the class of greatand solemn
bulls presentedin consistoryand thereforehavingthe name of con-
sistorial bulls. Drawn up in the form of letters,they have the
name of briefs; it is thus thatthe pontificalsecretaryPodocatharus
designates thebullInter caetera of May 3.27 But thesebriefsare
providedwiththe bulla; theyare, then,breviabullata.
To sum up, no one of thesedifferent bulls has the appearanceof
an arbitraldecision. They are acts of papal sovereignty, in favor
of a singlepower. They are essentiallygrants,as one sees by run-
ning throughthe series of designationsgiven to these acts by the
documentsthemselves. We may remarkin passing that the bull
Inter caeteraof May 4 omittedtheterminvestituraas well as in the
"disposition" the word investimus-wordswhichwere foundin the
Inter caetera of May 3-in ordernot to give ground for supposing
that a feudal investiturewas contemplated.

It mightbe objected that,if these acts have not the formof an


arbitraldecision,they may yet have been the resultof a more or
less active interventionof the sovereignpontiffin the colonial poli-
tics of Portugaland Spain in orderto harmonizetheirinterestsand
maintainpeace. To determinethe matter,it is necessaryto inquire
under what conditionsthe bulls were issued and how their texts
were put intoshape.
At the momentwhen Columbus was undertakingthe explora-
tion of the Atlantic,the Spanish sovereignshad renouncedfor the
benefitof Portugal all colonial expansion "beyond or on this side
of the Canaries over against Guinea". Sixtus IV. (148I) had
confirmed this treatyas well as the bulls grantedto the Portuguese
by Nicholas V. and Calixtus III. The same pope had assured to
the Portuguesethe discoverieswhichshouldbe made in Guinea and
beyond in the directionof these "southern regions", sanctioning
thus the bulls of his predecessors,notablythat which Nicholas V.
27 " Breve super concessione dominii et bonarum
illarum insularumnuper ab
hominibus Regiis inventarum. . . ". Letter of May 17, 1493, to the Spanish
sovereigns; [H. Harrisse], Bibliotheca Americana Vetustissima,Additions (Paris,
1872), p. 2, note2.
I'2 H. VanderLinden

(1454) issued in consequence of the Portuguese discoveries " in


the Ocean Sea towardthe regionslyingsouthwardand eastward1'.28
Out in the Atlanticthe maps of the periodplace the mysterious
islandAntiliaor Island of the Seven Cities. In I475 and in I486 the
King of Portugal had grantedit, togetherwith neighboringislands
and lands, to F. Telles and to Dulmo respectively.29He considered
the " Ocean Sea" as his domain,imagining,as did all his contem-
poraries,thatit lay chieflyin the equatorialzone.
On the returnfromhis firstvoyage Columbus,as is well known,
landed in Portugal. King JohnII., declaringthat he had operated
in "the seas and limitsof his lordshipof Guinea", had the discov-
erer broughtbeforehim (about March 6, I493) and Columbusde-
clared to him that he was returningfrom" Cypanguand Antilia",
islands which formed the approaches to India.30 Shortly after,
Peter Martyr,the Italian humanist,chaplain of Isabella, spoke of
the "western Antipodes" discoveredby ChristopherColumbus in
contrastto the " southernAntipodes", towardwhichthe Portuguese
navigatorssailed. But it was believed that the chief transoceanic
lands lay in the southernhemisphere,balancingthus the Eurasian
continent.Zurita,chroniclerof Aragon underCharlesV. and Philip
II., alludes to the fact that the ancientsrepresentedthis southern
world in the form of islands, large and small, separated by great
distances.31
28 The bull of Nicholas V., January 8, I454, confirmsthe Portuguese acqui-
sitions " versus meridionales et orientales plagas . . . usque ad Indos qui Christi
nomen colere dicuntur" (Alguns Documentos do Archivo Nacional da Torre do
Tombo, etc., Lisbon, I892, pp. I5-i6). The bull of Sixtus IV., June 21, 1481, con-
firmingthe previousbulls and the treatyof Alcagovas between Portugal and Spain,
is found in the same collection,pp. 46-53.
29 Alguns Documentos do Archivo Nacional da Torre do Tombo, pp. 40, 58.
The act of I486 in favor of Dulmo is particularlyinterestingin that it grants "a
large island, islands, or continent,which is presumedto be the Island of the Seven
Cities ". This passage should be comparedwith that of Zurita,relatingto the dis-
coveries of Columbus (Zurita, Historia del Rey Don Hernando, i6io0, fol. 17),
where mentionis made of a great island or of numeroussmaller islands.
30 H. Vignaud, Histoire Critique de la Grande Entreprise de Christophe
Colomb (Paris, I9I), I. 37I, lays stress upon the fact that Ruy de Pina indicates
Cypangu and Antilia as being the islands from which Columbus was returning.
Columbus,however,like all his contemporaries,placed the island of Cypangu at
the east of the Indies, in the " sea of the Indies ". ThereforeI believe that I may
repeat the assertion of my collaboratorDe Lannoy that Columbus believed that he
had reached the eastern extremityof the Indies (De Lannoy and Vander Linden,
Histoire de I'Expansion Coloniale des Peuples Europeens: Portugal et Espagne,
Brussels, 1907, pp. 5I, 278), an assertion which Mr. Vignaud (I. 376, note 28)
believes to be untenable.
31 See note 29.
Alexander VI. and theBulls ofDemarca/ton I 3

JohnII. wentto Torres Vedras to pass Easter (April 7). Two


days before,he sentto the courtof Spain the alcalde mayorof that
town, Ruy de Sande, to ascertain whetherColumbus intendedto
pursuehis discoveriesto the south,or would confinehis enterprises
to the west. But this envoydid not arrive till afterthe departure
fromBarcelona (April 22) of the Spanish ambassador chargedto
announceto the King of Portugal the discovery,on behalf of the
Spanish sovereigns,of the islands and continentssituatedin the di-
rectionof the Indies.32
Ferdinand and Isabella had not waited till this time to obtain
fromthe sovereignpontiffa monopolyof the discoveriesand the
rightof commercialexploitationin the Oceanic Sea and intheislands
of the Indies. As earlyas March 30, theyhad addressedtheircon-
gratulationsto Columbus,"Admiral of the Ocean Sea and viceroy
and governorof the islands discoveredin the Indies".33 They no
doubthastenedto address to theiragentsor permanentambassadors
at the courtof Rome the instructions necessaryto enable the latter
to assert title as soon as possible, over against the claims which
would withoutquestionbe assertedby the King of Portugal.
The receptionwhichthe Curia would give to this demandcould
not fail to be most favorable. The many bonds which attached
Alexander VI. to Spain duringthe firstyears of his pontificate are
well known,as also the care withwhichhe strovethento maintain
themin spite of all sorts of difficulties.Though he had not lived
long in his native countryhe had remaineda true Aragonese,and
had constantlysurroundedhimself by compatriotsand by other
Spaniards in the course of his cardinalate. Legate a latere from
1471 to 1473 and in 1480, he had renderednotableservicesto his
sovereign,and the latterhad requitedthemby favorsperhaps still
greater. Ferdinand had permittedRodrigo Borgia to add to the
bishopric of Valencia those of Cartagena (1482) and Majorca
(I489). He had investedhis oldestson, Pedro Luis, withthe duchy
of Gandia, near Valencia, and had thus made the latterone of the
most importantmembersof the Aragonese nobility(1485). He
had even promisedhim his own cousin-german,Dofia Maria En-
riquez, in marriage. When Ferdinand legitimizedCaesar Borgia
(148I) he declared that he owed to the latter's fatherthe deepest
gratitude. He could not do otherwisethan favorthe nominationof
Caesar to the bishopricof Pampeluna (149I) and then to that of
Valencia afterthe accession of Rodrigo Borgia to the throneof St.
32 Zurita, fol. 30 ro. and vo.
33 Navarrete,Colecci6n de los Viages, II. 21.
14 H. Vander Linden

Peter.34 AlexanderVI. entrustedthe custodyof the castle of Sant'


Angelo to a Spaniard, Juan de Castro,bislhopof Girgenti,and took
forhis confessoranotherSpaniard, the CarmeliteBaltasar Gracian
de Villanova.35
An upholderof Spanish-Neapolitanpolicyduringhis cardinalate,
AlexanderVI. treatedit withsolicitudeat the beginningof his pon-
tificate,and was able to derive fromhis relationswitlhthe Spanish
sovereignsvaluable advantages for his family. As is well known.
he sacrificedeverything, botlhspiritualand temporalinterests,to his
children;in the firstplace to Juan,whose fortunesand influencede-
pended entirelyupon the prosperityand strengthof Spain. The
deathof Pedro Luis, duke of Gandia, had caused thatduchyin I488
to pass to Juan,forwhomthepope obtainedthehand of Doila Maria
Enriquez, fianceeof the deceased (August, I493).
Meanwhile,however,AlexanderVI. allowed himselfto be drawn
away by Cardinal Ascanio, to whom he owed the tiara, toward the
Milano-Venetianalliance, hostileto the King,of Naples and favor-
able to France. Ascanio Sforza, brotlher of Ludovico il Moro, after
becoming vice-chancellorexercised for some time a considerable
ascendancyover the pope, and so caused him to attach himselfto
that alliance, representedas intendedto insure the peace of Italy
(April 25).
It was just at thistimethatthe Spanish sovereignsrequestedthe
bull of donationof the islands recentlydiscovered. To securetheir
pardon,so to speak, for his equivocal course, Alexander VI. took
pains to give themsatisfactionand at the sanmetime to address to
thema formaldocumentattestedby a notary (inistrumentum pub-
licum), by which he declared that he " desired that even his allies
should preserveentireand inviolablethe bond which unitedhim to
these sovereigns,and this under all circumstanceswhatever". He
also infornmed Ferdinand and Isabella of the conditionsof the al-
liance whichhe had concludedwithMilan and Venice,and made his
excuses for not having offeredhis mediationbetween Spain and
France by declaringthat he had supposed peace to have been con-
duded by the restorationof Perpignanand Roussillon to the first
of these powers. Finally he sent them,by the hand of the same
nuncio,the correspondenceexchangedbetweenthe Emperorand the
34 On Alexander VI., one may consult with profit, besides L. Pastor, History
of the Popes, vols. V. and VI., the works of W. H. Woodward, Cesare Borgia
(London, I913); M. de Maulde la Clavi&re, Histoire de Louis XII., premiere
partie (Paris, I890), II. 302-320; and L. Thuasne, Djem-Sultan (Paris, 1892), pp.
304-319.
35Lettres de Charles VIII. (ed. Pelicier), IV. 28.
Alexander VI. and the Bulls of Demarcation I5

Kingof Fralnce relatingto a planof peace. The popevisiblyexerts


himself to pleasethemonarchs to whomhe was soonaboutto grant
thetitleof " Catholic", and informs themof hiswholepolicy. The
conclusion of theletterwhichPodocatharus addressesin his name
to the nuncioin Spain containsthis interesting recommendation:
" Moreovertellthemdistinctly withwhatcarewe layourselvesout
to satisfythemin all thingsand to furnish to all theworldproofs
of the paternalaffection we have for them ".36
Evidently thenAlexanderVI. couldrefusenothing to Ferdinand
andIsabella;eagertogivethemevidences ofhisgood-will he didnot
hesitateto complyentirely withtheirrequestrelativeto thediscov-
eries made by Columbus,withoutexaminingwhethertheirclaim
menacedthe rightsof othersovereigns or not.37 He was to con-
in
tinue thisattitude of favoruntilthetimewhenhe cameunderthe
influenceof his son,Caesar,thatis to say,afterthedeathof Juan,
duke of Gandia (I497).

The questionhaboftenbeendiscussed,whether Ferdinandand


Isabellaneededa papalgrantin orderto acquirethesovereignty of
landsdiscovered by oneof theiragents. This questiondirectly de-
pendsuponthatof thenatureof thepapalpower,and opinionsre-
latingto thelattervaryaccording to placeand time. By theterms
of thebull itself,thepope disposed,in favorof the Spanishmon-
archs,of thetemporal sovereignty (dominiim)of landsdiscovered
or to be discoveredin a certainregion.
WhiletheCatholicsovereigns clearlyheldat thattimethatthey
had in temporalmattersno superiorwithintheirown dominions,
including all landsof whichtheyhad madeeffective acquisition,88
thebullsin questionweretitlesto futurediscoveries, and werede-
36" Et insuper significabisquanto affectuomnibus in rebus eis satisfacere et
in se paternamCharitatemnostramapud omnes testatamrelinquerestudeamus",
May I7, I493. [H. Harrisse], Bibliotheca Americana Vetustissima,Additions,p.
3, note 2. By the same letter the pope acknowledgedthe receipt of the letters
patent of the Spanish sovereignsin favor of Bernard de Villamari (doubtless the
famous corsair Villamarin), whose arrival in Italy he expected and whom the
Duke of Gandia was impatientto meet.
37 Some writers affirmthat the relations between Alexander VI. and the

Spanish sovereignswere far fromcordial at this time,citinga passage of Burckard


describingthe consistoryheld at the time when the Spanish ambassador Diego
Lopez de Haro made his obedience. But this passage is an interpolation,derived
from the diary 9f Infessura, which must be treated with caution. E. Nys also
cites, in supportof his opinion, certain unamiable words of the pope regarding
Isabella (M. Sanuto, Diarii, II., col. 385), but these words relate to the year 1499.
38 Grant to Columbus of permissionto found a majorat, April 23, I497: "no
reconocientessuperior en lo temporal". Navarrete, Colecci6n de los Viages, II.
222.
I6 H. f4znderLi.ndeni

signed to repeal bulls which previous popes had promulgatedin


favorof the kingsof Portugal. Proof that Ferdinandand Isabella
attacheda greatvalue to themis seen in theiranxietythatthethings
whichtheydesired should be incorporatedin them,and also in the
revisionsto which,as we shall see, theysubsequentlycaused themto
be subjected.
Before the end of May, negotiationshad begunbetweenJohnII.
and the Spanish monarchs. They were conductedwithpeacefulin-
tentionson both sides. In the course of them,Ferdinandand Isa-
bella obtaineda fullerknowledgeof the extentof the claims made
by the Portugueseking,and of his intentionto reserveto himself
discoveriesmade towardthe southand the Ocean Sea. Thereupon
the dispositionsmade by the bull of May 3 became inadequate,for
Columbus counted with certainty,as we have seen, upon making
new expeditions,and firstof all toward the south. He was urgent
thatthisbull shouldbe replacedby another,containinga new stipu-
lationwith respectto the maritimeand colonial dominionof Spain.
The Spanish monarchsdesiredto includein thatdominionthe whole
Atlantic,as is proved by the confirmation of privilegeswhich was
grantedto Columbuson May 28: This sea ", theysay, " belongsto
"
us to the west of a line passing throughthe Azores and the Cape
Verde Islands and extendingfrom north to south, from pole to
pole ".3 It is manifestwith what insistencetheyclaim the Ocean
Sea in both hemispheres. Columbus however suggested that the
line should be set furtherto the west, a hundredleagues fromthe
Portugueseislands in question. That fact is explicitlyshown in a
letterwhich the sovereignsaddressed to him later (September 5)
and whichreportsa rumorthathad been spread of the existenceof
very rich lands betweenthat line and the southernpart of Africa,
lands of whichtheyfearedthattheymightbe deprivedin virtueof
the terms of the bull already amended.40 The text of the latter
39 Navarrete, Colecci6n de los Viages, I. 6o: ". . mar Oceano, que es
nuestro,que comienza por una raya o linea que Nos habemos fecho marcar, que
pasa desde las islas de los Azores a las islas de Cabo Verde, de Septentrionen
Austro,de polo a polo; por manera que todo lo que es allende de la dicha linea al
Occidente,es nuestroe nos pertenece
40 Ibid., II. IO9: ". . . algunos quieren decir que lo que esta en medio desde

la punta que los Portogueses liaman de Buena Esperanza, que esti en la rota que
agora ellos lievan por la Mina del Oro e Guinea abajo fasta la raya que vos di-
jistes que debia venir en la BSuladel Papa piensan que podra haber Islas y aun
Tierra firma,que segun en la parte del sol que esti se cree que seran muy prove-
chosas y mas richas que todas las otras ". Up to this time debia had been in-
terpretedas " shouldbe "; now evidentlythe line referredto is thatwhich,accord-
ing to Columbus,was to be in the bull. Then it was indicated therein. Further-
more,the sovereignssay to Columbus,at a later point,that if he findsit necessary
the bull will be modified: " se enmiendela Bula ".
AlexantderVI. and tlzeBulls ofDemarcation 17

musthave been drawn up duringthe monthof Juneand sent then


to the Spanish agentsat the courtof Rome. The determination of
Columbus to operate in -thesouth of the Ocean Sea as well as in
the west gave rise to the repetitionof the words " toward the west
and the south" which determinedin so strangea fashionthe posi-
tionof the boundaryin the ocean betweenthe Spanish and the Por-
tuguesedominions.41
It was, then,at the instanceof Columbus that the line of de-
marcationwas mentionedin the papal document. Was he himself
the authorof thatline,and if so on what basis did he selectit? It
does not appear to have been suggestedto him by his sovereigns.
The instructionswhichtheygave him at the beginningof Septem-
ber, 1493, and a littleearlier,witha view to his second voyage,were
merelythat he should sail as far as possible fromthe Portuguese
possessions. On the otherhand, everything leads us to believethat
boththe papal chanceryand the pope himselfwere entirelystrangers
to the establishment of this line. If theydid not take the initiative
in the case of any of the essentialstipulationscontainedin the bulls
in question,whyshouldtheyhave done so in preciselythatone which
concernsthe delimitationof thetwo colonial domains,so advantage-
ous to Spain ?
The suppositionof Alexander von Humboldt42attributingto
Columbusthe authorshipof the line of demarcationappears accord-
inglyvery plausible,and in the presentstate of the sources,prac-
tically certain. Whether Columbus, in establishingthe line, was
guided by factsof physicalgeographyobservedin the course of his
firstvoyage-changes in the stars, the aspect of the sea, the tem-
perature,the variationof the compass and the like-drawing infer-
ences fromtheseas to thebeginningof the Orientand the end of the
Occident,may be doubted,but it is no longerpossibleto deny him
an essentialpart in theplanningof the famousline of demarcation.43
41 Among other evidences this determinationmay be perceived in the tract of
N. Syllacius,De InsulisMeridianiatqueIndiciMarisnuperinventis[I404-I495]
(New York, 1859), p. go: " Quorum opera hispanorumregna auguste aucta: terrae
incognitaedeprehensae: innumerabilesgentes receptae: quae ad austrumpertine-
bant extimae,ultra aequatoris metas et signiferifervores.... ".
42 Humboldt, Examen Critique de l'Histoire de la G&ographiedu Nouveau

Continent(Paris, x8i4-i834), p. 25I ff.; Navarrete, Coleccion de los Viages, II.


226, 254; Oviedo, lib. II., c. XI.
43 H. Harrisse, The Diplomatic History of America, p. 172, note 72, cites the
mentionin a letterof Duarte d'Almeida to the King of Portugal of the " livro do
Almirantedas Indias, que fizerade Don Chr. Colon, seu pay das demarcago6sdos
mares e terras de Vossa Altezza cos de Castilla " (from Raccolta Colombiana,
Desimoni, Quistioni Colombiane,p. 78). This book is perhaps that which Colum-
AM. HIST. REV., VOL. XXII.-2.
I8 HI. Vander Linzden

The presentsources do not permiiit


us to discoverwith certainty
why the bull of May 4 and the bull Eximiae of May 3 were ante-
dated. That of May 4 did not arrive in Spain untilthe middleof
July. On the igth of thatmonththe firstvidimusof thisdocument
was drawn up, and on August 4 the sovereignssent this vidimusto
Columbuswitha letterin whichtheysaid,
You knlowthatwe have appliedto Rome for a bull respectingthe
islandsand landwhichyouhave discoveredand whichremainto be dis-
covered. It has cometo us today,and we sendyouan authenticcopyof
it to publish,so thatall theworldmayknowthatno one can enterinto
theseregionswithoutauthorization fromus. Take it withyou,thatyou
maybe able to showit in everyland.44
We do not enternow into the historyof those diplomaticnego-
tiationsbetween Spain and Portugal,which,beginningon August
i8, I493, resultedinthetreaty of Tordesillas(June7, I494). Early
in the course of thosenegotiationsthe Spanish sovereigns,in a letter
of September 5, addressed to Columbus, asked his advice as to
whetherit was not necessaryto modifythe " bull"-evidently that
of May 4. His replywas no doubt affirmative.Such a modifica-
tion mightbe broughtabout througha simpleadditionaland ampli-
fyingbull. Columbusintendedto pursuehis discoveriesto the very
Orient itself, where the Portuguese hoped to arrive soon. He
wished to plant the standardof Castile in the easternas well as in
the southernIndies and it was no doubt for this reason that he re-
questedthe papal ratificationof the Spanish monopolyof conquests
beyondthe sea, by way of the west, in all regionsnot occupied by
Christians,especiallyin the Orient and in the Indies.4 The bull,
dated September26, revoked,it will be recalled,all contrarydispo-
sitions in previousbulls grantedto kings,princes,infantes,or re-
bus had left at Barcelona at the time of the visit which he made to the sovereigns
therein the monthof May, and of which he asked for a copy. Referenceis made
to it in a letter which the sovereigns addressed to him on June I (Navarrete,
Coleccion de los Viages, II. 72).
44 Navarrete,Colecci6n de los Viages, II. go.

45 See note 25. In the " narration" of this bull there is mentionalready of
these " partes orientales" and of the islands and continents" quae inde fuissent
vel essent", that is to say, of India. These words were translated exactly in
Spanish by the secretaryGracian, August 30, I554 (Navarrete, Colecci6n de los
Viages, II. 404), but Dawson has been led into error by the fact that inde was
printedwithouta capital letter (appendix to his article in the Proceedings of the
Royal Historical Society of Canada, I899, sec. II., p. 467). It was by reliance upon
this bull of September26 that Ferdinand Columbusin I534 drew up a declaration
asserting the rights of Spain over all the Orient fromthe Cape of Good Hope
eastward. (Altolaguirre,Crist6bal Col6n y Pablo del Pozzo Toscanelli, Madrid,
I903, pp. 280-28I.)
Alexander VI. and theBulls ofDemarcation I9

ligious or militaryorders (this stipulationis evidentlydirectedat


Portugal), even when granted for motivesof piety,the spread of
the gospel, or the ransom of captives. It also gave expressionto
the principlethat the possession of territories,to be valid, mustbe
effective;but its chief object was to secure to Spain access to the
Orient,where it was customaryto locate India properlyso called.
The positionof India is however not clearly definedin the papal
document;it names it at firstin connectionwith the "oriental re-
gions", and then aftera mentionof these regions.
That the King of Portugaldid not succeed in preventingso con-
siderablean extensionof thesphereof influenceof Spain mustprob-
ably be attributedto the factthatat thistimehe was makingit the
chief objective of his policy to procurethat his natural son, Dom
Jorge,should be recognizedas his heir presumptiveto the prejudice
of his brotherManoel, and to obtain forhim the hand of a Spanish
infanta.
The decision of the Spanish and Portuguese ambassadors that
the line of demarcationshouldbe set at a point370 leagues west of
the Cape Verde Islands differingconsiderablyfromthat set forth
in the bull of May 4, I493, the contractingparties agreed to insert
in the treatyof Tordesillas a clause stipulatingthat the papal con-
firmationshould be sought; but that no papal motuproprioshould
dispenseeitherone of thetwo partiesfromobservingtheconvention.
The maintenanceof the treatieswas thus guaranteedagainst the
arbitraryaction of the plenitudopotestatisof the sovereignpontiff.
The confirmation of the treatywas not obtainedunder the pontifi-
cate of Alexander VI., nor untilJanuary24, 1506.
The other European states borderingon the Atlantic,contrary
to what has generallybeen believed,made no account of the bulls
issued in favorof thefirsttwo colonialpowers. Their phraseswere
considered as infringingupon royal sovereignty;the expressions
motu proprioand plenitudopotestatis, as well as the derogative
clauses, were refusedallowance in France as threateningthe liber-
ties of the Gallican Church. The kings of France, like those of
England,46whose line of conductwith respectto the pope theyhad
imitated,did not recognizethe supremejurisdictionof the Holy See
even in ecclesiasticalmatters;naturallytheywere stillless disposed
to recognizeit in temporalaffairs.
46 The Church of England was independentin fact before the theologiansof
Paris had formulatedthe principlesof freedomof the Gallican church. J. Haller,
Papsttum und Kirchenreform(Berlin, 1903), I., who recalls the words of Froisr
sart: " Engleterreest la terrele mieulz gardee dou monde". On the prohibition
of the formulamotuproprioin France, see Giry,Manuel de Diplomatique,p. 703.
20 H. VanderLinden

To sum up, then,thebull of demarcation,like the otherbulls de-


liveredto Spain in I493, constitutedat firsta grantexclusivelySpan-
ish; it was in large part, if not wholly,shaped by the chanceryof
ferdinandand Isabella; the line of demarcationitself,whichplayed
so importanta part in subsequenttransactions,had been suggested
and probablyfirstdevisedby ChristopherColumbus. Moreover,the
different bulls of that year were but successive incrementsof the
favors grantedto the Spanish sovereigns,Alexander VI. being at
that time but an instrumentin their hands. Friction with Por-
tugal was increasedratherthan diminishedby the grantingof these
bulls. Far fromrecognizingthe priorrightsof thatcountryin the
Atlantic,the Holy See restrictedthem more and more, in the in-
terest of Spain. The difficulties between the two powers were
smoothedaway by their own diplomaticmeans and Portugal dis-
tinctlyrepudiatedthe incidentalarbitrationof the pope or of any
otherauthority. If later she relied upon the bull of demarcation,
it was because new circumstances broughther intothatattitude,for
the forceof a diplomaticdocumentarises less fromthe conditions
under whichit has been shaped than fromthe eventswithwhichit
is subsequentlyassociated and which usually modifyits range of
application.
H. VANDER LINDEN.

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