148 



COLUMBUS, CHRISTOPHER. 



pre-eminences and prerogatives which the Admiral this belongs to him as his proportion), and so very 

 of Castile holds and enjoys; to whom, in right of his small part for so great a service would be a recoin- 

 privilege, it is known that the third part of whatever pense indeed inconsiderable. And the remark of the 

 he shaU gain belongs; and consequently the Admiral divine laws is here very apposite, q-uia benejicia Prin- 

 of the Indies is entitled to the third part of whatever cipum sunt latissime interpretanda. And, moreover, 

 he has acquired of the islands and mainland which favors conferred by princes ought to be understood in 

 he has discovered and may discover; and likewise he the most ample and complete sense, more especially 

 is to have the tenth and the eighth, as appears from by the most nigh and renowned princes, such as their 

 the third and fifth article of the aforesaid capitulation, highnesses are, from whom, more than from all other 

 And if it should be argued that the third part persons, the most ample favors are to be expected, 

 granted to the Admiral of Castile is to be understood And therefore the said third part, although it appears 



very small, belongs to the aforesaid admiral : tor we 

 observe in companies formed by merchants that the 

 industry and foresight of one partner are looked upon 

 and held to be upon an equal footing with the money 

 of another, and an equal share belongs to him of the 

 gains resulting, although obtained by the money of 

 the other : how much more ought this to be the case 

 of the admiral, who displayed astonishing and in- 

 credible industry, and was exposed to great labor and 

 peril in his own person, brothers, and family ? There- 

 fore, with so much the more reason he ought to have 

 the third of all, as was really the intention of their 

 highnesses. And that such is truly the meaning, we 

 see by this, that their highnesses grant to such as go 

 to the Indies five parts out of six, and to others four 

 parts out of five, and the administration of the land, 

 without any peril, the road being now open, secure, 

 and made known to everybody. And in confirmation 

 of what 1 say, as is expressed in many privileges ot 

 the said Admiral of the Indies, the said admiral went 

 by command of their highnesses 

 to acquire not ships or vessels 

 or any other thing of the sea, 

 but expressly islands and the 

 mainland, as is specifically men- 

 tioned in the privilege (which 

 might be more properly called 

 a grace) at the beginning, where 

 it is thus declared: ''And be- 

 cause you, Christopher Colum- 

 bus, go by our command to dis- 

 cover and acquire islands and 

 the mainland," etc. Now, if the 

 whole acquisition was to be isl- 

 ands and mainland, it is a neces- 

 sary consequence that the third 

 part must be of what has been 

 acquired ; and being the third 

 part of the acquisition, it is noto- 

 rious that the third part of the 

 islands and mainland acquired 

 belongs to the said admiral ; and 

 certainly there is no reason to 

 doubt that if in the beginning 



as relating to movables, which he might acquire by 

 sea; whereas, the said islands being mainland, al- 

 though acquired by sea, the third part of them can 

 not belong to the admiral, in consequence of their 

 being immovable : 



To this the said admiral replies, by saying that it is to 

 be observed that, in the aforesaid capitulation, the said 

 Admiral of Castile is nominated admiral of the sea ; 

 and on that account the third part of whatever he 

 may acquire by sea is granted to him, no jurisdiction 

 nor office being granted to him in any other part 

 whatsoever; and it would be very improper and un- 

 reasonable to grant him a part ot what is not within 

 his jurisdiction, it being a general maxim that propter 

 ojftcium datur beneficium, because the benefit has and 

 ought to have a connection with the office, and not 

 out of it. But the Admiral of the Indies was consti- 

 tuted and nominated, according to the tenor of the 

 aforesaid capitulation, admiral, not of the sea, but ex- 

 pressly of the Indies and of the mainland, which he 



COLUMBCS'S CHAPEL, NEAR SANTO DOMINGO. 



has acquired in executing and discharging the said 

 office of admiral ; and thus is to be understood and 

 interpreted the privilege of the said Admiral of Cas- 

 tile and the article which refers to it, it being suffi- 

 ciently manifest that everything is to be understood 

 secundum subjectam materiam, et secundum qualita- 

 tem personarum ; for by interpreting them otherwise 

 the said privilege and article would be of no utility 

 to the aforesaid Admiral of the Indies ; for if he does 

 not take the third of the aforesaid Indies, of which 

 he is admiral, as he has not been constituted admiral 

 of the sea, he ought not even to take what he might 

 gain by the sea, on account of its being out of his ju- 

 risdiction and office, so that the said article and con- 

 stitution would be of no avail to him ; and such a 

 thing is not to be asserted, for whatever expression is 



the aforesaid admiral had demanded a greater part it 

 wouM have been granted to him, the whole of such 

 acquisition being made by him, a thing of which no- 

 body had any hope or expectation, and which was far 

 beyond the knowledge and dominion of their high- 

 nesses. This, then, is a complete and distinct answer 

 to those who assert the contrary ; and the third part 

 of the said Indies and mainland justly and clearly 

 appears to belong to the said admiral. 



That of the tenth is very clear. With respect to 

 the eighth, although it be equally clear, I wish to ob- 

 serve : 



If it be asserted against him that he is not to have 

 the said eighth of the merchandise and articles con- 

 veyed and exported in the vessels which went for 

 discovery, to those which went to the pearl fishery 



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introduced into a contract must have its full force, and to other parts of this admiralty, while he re- 



and not be regarded as superfluous : how much 

 more so in a case like this, of so much importance, 

 utility, and glory to their hip-hnesses, obtained at a 

 very small expense and without any peril to their 

 honor, persons, or property, but with considerable 

 peril, as was well known, to the life of, and not with- 

 out heavy expense to, the admiral ? For which reason 

 the tenth part only must be looked upon as very tri- 

 fling (no mention being made of the eighth, because 



mained in the island of Espanola upon the service of 

 their highnesses, because he contributed nothing 

 toward their equipment ; it is answered, that the 

 equipment of such vessels was not notified to him, 

 nor was he called upon or informed of it at the time 

 of their departure ; and therefore, as by law, to the 

 ignorant, who can prove ignorance of any fact, no time 

 elapses, tut, on the contrary, such plea undoubtedly 

 grants a legitimate excuse and ev'en complete restitu- 



