Date published: 1935-01-01
Source:
History of Juan Ponce de Leon's Voyages to Florida: Source Records (ID88)Author: Davis, Frederick (ID36)
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Race described: Spanish
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Online link:
#http://www.americanjourneys.org/aj-095/print/index.asp#Content id: 64
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Filename assigned:
1512-02-23 - 1512-02-23
Ponce de Leon's Patent to Explore
Juan Ponce de Leon Patent
[JUAN PONCE DE LEON, after serving in the armies of Spain, embarked for the West Indies where he became active in the subjugation of the Indians, a service in which he was engaged many years. He was a soldier and led a military life until he was forty-five years of age or more. He appears in official civil life with his appointment as governor of the eastern part of Hispaniola (Haiti), known as the province of Higuey. Soon afterward he was appointed governor of the island of San Juan (now Porto Rico), which he had already partially explored and conquered from the Indians. This office he held until relieved (c1511) without prejudice, as a result of the decision of the Council of Spain to favor others, principally the heirs of Columbus, for the high positions in the West Indies. Hitherto, Spanish exploration had been directed south and 'est of the West Indies, but rumors had become current that lands had been found toward the north. Yielding to the wanderlust that possessed these early Spaniards, Ponce asked permission of the King to explore in that direction The capitulacion or patent granting the authority for the voyage of discovery will be found in Documentos ln6ditos del Archivo de, Indias, XXII. 26. The translation of this patent was rendered for me by Dr. James Alexander Robertson, author of many standard historical works and internationally known as an authority on Spanish-American history. Presented here directly from the pen of Dr. Robertson the reader is assured of having before him a correct interpretation of this important Ponce de Leon document.. (Frederick Davis)]
The Patent
Whereas you, Juan Ponce De Leon, send to entreat and beg as a favor from me that I grant you permission and authority to go to discover and settle the Islands of Bininy [Biminy], under certain conditions which will hereafter be declared, therefore, in order to show you favor, I grant you permission and authority so that you may go to discover and settle the island aforesaid, provided that it be not one of those already discovered, and under the conditions and as shall hereafter be set forth, as follows:
Firstly, that, when the ships you wish to take at your own cost and expense you may go to discover, and shall discover, the island aforesaid; and for it, you may have three years' time counting from the day on which this my patent shall be presented to you, or when the contract shall be made with you in regard to the settlement aforesaid, provided that you shall be obliged to go to discover within the first year of the three years aforesaid, and that on going you may touch at any islands and mainland of the Ocean Sea, both discovered and to be discovered, provided they be not among the islands and mainland of the Ocean Sea belonging to the very serene king of Portugal, our very dear and very beloved son; and it is understood that you may not take or possess any profit or any other thing from them or any of them lying within the limits stipulated between us and him beyond only the things which should be necessary for your maintenance and provision of ships and men, by paying for them what they should be worth.
Item, that you may take, and there shall be taken on your part in these kingdoms of Castile, or in the said Isla Espanola, for the abovesaid, the ships, supplies, officers, sailors, and men that you should find necessary, by paying for them in faul according to custom in the presence of our officials in Isla Espanola at present residing and who should reside in our House of Trade thereof, and in Castile, in the presence of our officials residing and who should reside in our House of Trade of Seville.
Item, In order to show you favor, I order that during the period of the three years, no person may go, nor shall he go, to discover the island of Beniny [Biminy] aforesaid; and if anyone should go to discover it, or should discover it by accident, the stipulations of this my patent shall be carried out with you and not with the person who should thus discover it; and if another discover it, you shall lose nothing of the right which you have therefore, provided that, as aforesaid, you should set sail to go to discover it within the first year aforesaid, and that it will be of no value in any other way; and provided that it be not one of those of which report and certain knowledge is had.
Item, That when you find and discover the island aforesaid in a manner abovesaid, I make you the gift of the government and justice of it for all the days of your life, and for it I give you full power and civil and criminal jurisdiction, with all their incidences and dependencies, and annexes and rights.
Item, That when you find the island aforesaid, as abovesaid, you shall be obliged to settle at your cost in the sites and places that you can best do it; and that you may have possession of the houses and farms and settlements and heriditaments that you should make there, and of the gain you should have in the island aforesaid in a accordance with the provisions of this contract.
Item, That , if fortresses should have to be built in the island aforesaid, they must be and shall be at our cost, and we shall place therein our wardens, as we should see best fulfills our service; and if, while the forts aforesaid are being built, you should build any house or houses for habitation and for defense from the Indians, these shall be your own; and if there should be need thereof for our service, you shall have to give them on being paid their value.
Item, That I shall give you, and by the present I do give you, for the space of 12 years, counting from the day on which you should discover the island of Beniny [Biminy] aforesaid, the 10th of all the revenues and profits belonging to us in the island aforesaid, if this is not from the tithes of our profits or in any other manner whatsoever.
Item, That the allotment of the Indians who should be in the island aforesaid shall be made by that person or persons who should be appointed by me, and in no other manner.
Item, that I shall order you, and by the present I do order you, that the Indians who should be in the island aforesaid, shall be allotted in accordance with the persons there should be [in your expedition]; and that this be observed and that the first discoverers be provided for before any other persons; and that all the preference that should conveniently be shown in this be given to them.
Item, That I grant for the space of the ten years aforesaid that those persons who should go to discover the island aforesaid and who should settle on that voyage, enjoy the gold and other metals and profitable things which should be in the island aforesaid, without paying us from them other fees or tithes the first year; in the second, the ninth part; in the third, the eighth part; in the fourth, the seventh part; in the fifth, the sixth part; and the other five years after that paying the fifth, in accordance with and in the form and manner in which it is now paid in the Isla Espanola; and that the other settlers who should go later, who are not included among the discoverers should pay in the fifth from the first year; for I order another exemption to be given to the latter instead of that from gold.
Item, To show greater benefit and favor to you, the said Juan Ponce De Leon, it is my will and pleasure that you are to have the government and settlement of all the islands lying near the island of Beniny [Biminy] aforesaid which you should discover in your person and at your cost and expense in the manner aforesaid, and which are not among those islands of which information is had, as abovesaid, under the conditions and in the form that is set forth in this my agreement; and as, by virtue thereof, you are to have of the island aforesaid.
Item, That I grant you the title of our Adelantado on the island aforesaid, and on the other islands you shall discover in the manner aforesaid.
Item, That you collect the gold, if there should be any, in the same way in which it is now collected in the Isla Espanola, or in the form and manner that I shall order.
Item, That you cannot take in your company, for the aforesaid, any person or persons who are foreigners from outside our domains and seigniories.
Item, That for assurance that you, the said Juan Ponce and the persons who should go with you will execute, carry out, and perform and that the contents of this patent which it pertains to you to observe and carry out shall be carried out, performed, and observed, before making the said voyage shall give trustworthy and creditable bonds to the satisfaction of our officials residing in the Isla Espanola.
Item, That you, the said Juan Ponce, and the other persons who should go and remain there, shall execute and observe and perform all that is contained in this my said agreement, and every part and parcel of it, and you shall not cause any fraud or deceit, nor shall you give favor, or aid or consent thereto; and if you should learn of any, you will inform us and our officials in our name, under penalty that any person of you who should do the contrary, by that very fact he who does not so act, shall have lost any grace or benefits which he should have from us, and shall pay in his person and goods all the penalties which we should consider it fitting to order executed on the persons and goods of those who should do it, or consent to it, or conceal it.
Item, That after having reached the island and learned what is in it, you shall send me a report of it, and another to our officials who reside in the Isla Espanola, so that we may know what should have been done and taken measures fitting to our service.
Therefore, if you, the said Juan Ponce carry out all of the of the abovesaid and every part and parcel of it, and shall have given the said bonds or give and pay the things abovesaid, I promise assure you by the present to order everything contained in this patent and every part and parcel of it to be observed and carried out, and order our officials who reside in the Isla Espanola that in our name, and accordance with the abovesaid, they should make the said contract and agreement with you and receive the said bonds. For your despatch, I am ordering Don Diego Colon, our admiral and governor of the said Isla Espanola, and our appellate judges and the officials of our treasury who reside there, and all of the justices of the said Isla Espanola that they give you all the favor and aid that you should find necessary, and that no impediments be offered you therein or in any part or parcel of it.
Done in Burgos, February 23, 1512.
I the King
By command of his Highness
Lope Conchillos.
Sealed by the Bishop of Palencia.
Cross references
No cross references.