The Philippine Islands, 1493-1803 — Volume 01 of 55: 1493-1529; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
History
The Philippine Islands, 1493-1803 — Volume 01 of 55: 1493-1529; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
Leaving out of consideration the decision of the law, even the
general opinion which was on my side and which comprehends and binds
by virtue of common sense those who recognize no superior, and which
all of us were and are bound to follow, pointed to the same thing,
and it was proved clearly by the said treaty on which we both founded
our pretensions, without any necessity arising of dragging _ab extra_
any other right or allegation; because if he who found land, found
it in the other's demarcation, he was bound to surrender it to him,
according to the terms of the said treaty, it is evident, and follows
plainly, that he who found the land must first hold and possess it,
because not holding it he could not surrender it to the other, who
petitioned him for it, on the grounds that it had been found within
his demarcation. If any thing else should be declared, it was in
violation of the terms of the said treaty, which must be understood
and fulfilled effectually.
From the above it followed clearly that the finding of which the said
treaty speaks, must be understood and is understood effectually. It is
expedient to know, by taking and possessing it, that which is found;
and consequently the most serene King of Portugal, nor his ships,
can, in no manner, be spoken of as having found Maluco at any time,
since he did not take possession of it at all, nor holds it now, nor
has it in his possession in order that he may surrender it according
to the stipulations of the said treaty.
And by this same reasoning it appeared that Maluco was found by us and
by our ships, since possession of it was taken and made in our name,
holding it and possessing it, as now we hold and possess it, and having
power to surrender it, if supplication is made to us. It appearing
to fall within the demarcation of the most serene King of Portugal,
it follows from this, that supplication must be made to us by him,
and if it is found to lie within his demarcation, he must receive it
from us, and not we from him, in accordance with the said treaty,
which being understood to the letter, as the ambassadors petition,
thus proves and determines the question.
It was especially declared that we, in this reasoning, made no request
of the King of Portugal. And inasmuch as we were the defendant we
neither wished to, nor ought we to have any desire to assume the
duties of the plaintiff, because if the King wished anything from
us for which he should petition us, we were quite ready to fulfil in
entire good faith all the obligations of the said treaty.
Public-domain text, read in full here on John Shaqi.
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