[Pleitos Colombinos, p. 286]

VIII

INQUIRY BY THE PROSECUTOR

Santa María de la Antigua, October 30, 1515 

[Pleitos Colombinos, p. 287]

            Inquiry made in the city of Santa Maria del Antigua del Darien before the honorable lienciado Espinosa alcalde mayor of Castilla del Oro as per request of the honorable treasurer Alonso de la Puernte and contador Diego Marque officials of their highnesses which goes before the honorable of the Counsil of their highnesses for certain law suit that Their Highnesses are disputing over with the Admiral don Diego Colon over the government of the province of Darien which goes signed and closed and sealed with two seals [paraph] Martin Estete notary [two paraphs]

Inquiry sent by the officials of Tierra Firme for the law suit that His Highness is disputing over with the Admiral don Diego Colon over what was won by the part that he says belongs to him.

To the prosecutor.

It appears from certain records and deeds from Pedro de Jauregui lieutenant of the general notary in these kingdoms of Castilla del Oro by the very magnificent honorable Lope Conchillos secretary of Their Highnesses that after the said Pedro de Jauregui an inquiry complete and proceedings about it were transferred to me Martin Estete lieutenant of notary general in these said kingdoms by the said honorable secretary Lope Conchillos whose content as per it appearance is the following:

            In the city of Santa Maria del Antigua del Darien on thirty days of the month of October year of the birth of our Savior Jesus Christ  of one thousand and five hundred and fifteen years in the presence of myself Pedro de Jauregui notary of the

[Pleitos Colombinos, p. 288]

Queen our lady and lieutenant of general notary of Castilla del Oro by the very magnificent honorable Lope Conchillos secretary of the King and the Queen our lords and of their Counsil and of the witnesses written below there appeared before me the very magnificent honorable Pedrarias Davila lieutenant general of the said Castilla del Oro the honorable officials of Their Highnesses the treasurer Alonso de la Puente and the contador Diego Marque and Juan de Tavira, factor, in the name of Their Highnesses and their prosecutor in their name by means of a power of attorney and substitution given by the said prosecutor to Pedro de Ysasaga factor of Their Highnesses in the Casa de la Contratacion of the Indies who resides in the city of Seville and of the substitution to them issued by the said Pedro de Ysasaga, of which power and substitution before all things they said they made and did make presentation and likewise of a letter of extension from His Highness sealed  with [his/her] royal seal and signed by the honorable of their very high Counsil and of a writing of inquiry whose content of all of it one after the other is the following:

[…]

[Pleitos Colombinos, p. 292]

[f. 3]

[…]

‘The following questions be asked to the witnesses presented by his highness’ prosecutor  in the  in the dispute he has and carries on with the admiral of the Indies. 

1. Firstly be the witnesses asked whether they know the said prosecutor and the said admiral [Diego Colón] and whether they knew Admiral Don Christobal his father and mister don Juan de Fonseca now bishop of Burgos and Martin Alonso Pinçon and Vicente Yañes Pinçon and Francisco Martin Pinçon his brothers and Juan de la Cosa and Alonso de Hojeda and Pedro Alonso Niño and Christoval Guerra and Rodrigo de la Bastida and Diego de Lepe and Juan de Solys.
2. Also whether they know, belief, saw, heard say that the said admiral don Christoval Colon , when he says that he discovered Paria he did not touch but on the island of Trinidad on the part towards the sea which is away from the coast of Tierra Firme where it is called  the Dragon’s Mouth and that he did not touch on the said coast of Tierra Firme that is called Paria and that from that island he left in route to Hispaniola and that he did not see nor discovered the island of Margarita when he came nor he passed within its sight.

1. Also whether they know that Chirstoval Guerra and Pero Alonso Niño and those who went in their company discovered the Tierra Firme of Paria and the trading of pearls and the island of Margarita and that, after having discovered it,  the said Christoval Guerra and Pero Alonso Niño said to the said Ad

[f. 3v.]

miral that [he] had passed within its sight when ‘[he] came towards Hispaniola and that the said Pero Alonso Niño had not come with the said Admiral in that trip in which they say he discovered in Paria the Mouth of the Dragon.

The chapters that it has seemed here that should be added to the questionnaire that the prosecutor of His Highness is sending finished and these questions must be entered after

1. Also be they asked whether they know that when Chris-                                                                                

[Pleitos colombinos, p. 293]

toval Guerra and Pero Alonso Niño discovered Paria the Indians made all the admirations they usually do when they see for the first time vessels and people of our nation which they would not have done as they did had the said Admiral discovered it first.[2]

1. Also whether they know, etc. that when new land has been discovered by someone if

[f. 4]

 vessels go there a second time the Indians describe how others have gone there before and say how they have seen vessels and people and ask for the names of those who went there first.

1. Also whether they know, etc. that the Indians of the coast of Paria, when the aforesaid  Christoval Guerra and Pero Alonso Niño went there did not say they had seen vessels nor people of our nation before and if they said it everybody would have heard it and it would be public and obvious to all those who went there.
2. Also whether they know, etc. that to all the lands that the Admiral discovered in the initial trips he always gave new names.
3. Also whether they know, etc. that the said land of Paria was thus called in the time of the Indians and is called now except that since pearls are fished and traded there it is called the Pearls Coast.
4. Also whether they know etc. that if the Admiral discovered the said coast that he would also give it  a new name like [he did] to the other islands that he discovered.
5. Also whether they know etc., that the Admiral and the others that in these parts have discovered put their names on the trees and made crosses and left other marks so that it was understood that the land in case had been discovered  which they did not find such marks when the said Christoval Guerra and Pero Alonso discovered Paria.
6. Also whether they know that the said Christoval Guerra and Pero Alonso Niño discovered the bartering? of the pearls and they bartered them and arrived to port with them in Galizia and from there they came to Seville and rendered account of them to don Juan de Fonseca who was charged by their Highnesses and paid the part that belonged to His Highness and whether they know that at the time that these went and bartered ?the said pearls the said Admiral had not entered nor touched on those places.
7. Also whether they know etcetera that in this time Alonso de Ojeda and Juan de la Cossa, pilot and those who went with him discovered on the coast of Tierra Firme towards the west from the Frailes to the Gigantes until the part that is now called Caquibacoa and that before this the Admiral nor any other persons had not touched on the said coast nor on the said lands of [3] [sic] the said Hojeda and Juan de la Cossa discovered and that he dispatched them and ordered them to go the said Juan Fonseca that is now bishop of Burgos who had the office by Their Highnesses and that the said Juan de la Cossa nor Hojeda had not sailed with the Admiral on that trip that he said he came to the Mouth of the Dragon and that what they discovered was through wisdom and skill.
8. Also whether they know that after this Rodrigo de Bastida and Juan de la Cossa discovered in the said Tierra Firme  more towards the west the part that they call Uraba where the province of Darien is and they brought over to Alcala de Henares the sample of the gold and of the other things they found in the said land and there they delivered it as per a mandate from Their Highnesses and were dispatched by

 [Pleitos colombinos, p.296]

the said don Juan de Fonseca and when they returned the said bishop was already in the court and there they paid what belonged to His Highness which until then had never been discovered by anybody and whether they know that the said Bastida and Juan de la Cossa had never sailed with the said Admiral when they say he discovered Paria.

1. Also whether they know that Viçente Anes [sic] Pinçon and those who went to make discoveries with him discovered  towards the part of Levant [the East] the coast which is discovered up to the point they  call  of Santa Cruz and of Sant Agustín from here to inside the mouth of the Río Grande where they found fresh water that enters the sea and that the Admiral nor any other person from these kingdoms never before discovered that coast except the said Vicente Yanes by means of his industry and that the said Vicente Yanes did not arrive with the said Admiral when he says that he discovered Paria.[4]
2. Also whether they know that Diego de Lepe and those who went with him on another  trip discovered from the said  point the coast that turns back to the south to the district that is now discovered because before nor after the Admiral nor other persons have gone to discover in that part and that the said Diego de Lepe never sailed with the said Admiral on any trip.

[f. 4v]

1. Also  whether they know that after this the said Admiral went to discover and discovered a part of the land they now call Veragua and from there he returned to Hispaniola.
2. Also whether they know that after this Vicente Yanes and Juan de Solis went to discover as per His Highness’ mandate and discovered beyond[5] of the said land of Veragua everything that until today has been discovered in which the Admiral did not touch on nor discovered any coast.
3. XVIII.  Also whether they know etcetera that when the Admiral went to discover to those parts Martyn Alonso Pinçon denizen of Palos was about to go to discover them at his expense with two vessels of his own and had accurate news and documents about the land  which he had gotten in Rome from the library of Pope Ynoçençio the eight in that year that he had come to Rome and had conversed about going to discover them and was preparing it.
4. Also whether they know etcetera that the said Martin Alonso Pinçon gave news to the said  admiral don Christobal Colon of the land and discussed it with him as per the aforesaid document which he told him said that it was his from the [time? (tiempo)] of Solomon that said you will sail through the Mediterranean sea up to the end of Spain and from there to the sunset between the north and the south on a temperate route until ninety five degrees of travel and you will find a land of Çipango which is so fertile and plentiful that with its might you will subject Africa and Uropa [sic].

Also whether they know etcetera that once the document was issued the admiral tried very hard and decided to go to discover the said land and the said Martin Alons Pinçon made him come to the court and gave him money for the journey so the said don Christoval negotiated it for the said  Martin Alonso had at home enough of what he needed.

1. Also whether they know etcetera  that after gone from the court he went to Palos and he did not find who gave him vessels nor people that would go with him and the said Martin Alonso, as a service to their highnesses gave him his two vessels and determined to go with him with his relatives and friends for the admiral promised him

[Pleitos colombinos, p. 298]

one half of all the concessions  that their highnesses had promised once the land was found and showed him the privileges for it.

1.  Also whether they know etcetera that in the said trip  the said Martin Alonso as principal person went as captain of one of the two ships and his two brothers of the two others and that they ran from the island of Hierro on the west eight hundred leagues and that in this time two hundred leagues earlier the said admiral [would touch land?  Se hacia con la tierra]  and did not know anymore where to go and since he saw that he did not find it he went to Martin Alonso’s ship and told what did he think they should do that after two hundred leagues in his view they should have arrived to the land.
2. Also whether they know etcetera that the said Martin Alonso told him forward forward [sic] this navy is an embassy of very high princes as our kings the lords of Spain and up to today it never failed  may God never will that because of us this one fails  that if  you sir wanted to turn back I am determined to go on until finding the land or never return to Spain and that for his industry and opinion they forged ahead.

XXIII. Also whether they know etcetera that the said admiral asked him whether he thought they should go that route and that  the said Martin Alonso said to him no that  many times he had told him they were not going well and to turn a quarter to the southwest and they would touch on land sooner and that the said admiral responded then let us do it that way and then they changed the route as per the skill and opinion of the said Martin Alonso Pinçon who was at that time a man very knowledgeable in the things of the sea.

XXIV. Also whether they know etcetera that after changing the route and way to what the said Martin Alonso Pinçon had said then within three or four days they hit on land in the islands of the Yucayos in the island of Guahani.

1. Also whether they know etcetera that having found that island one night they separated from each other and that the said Martin Alonso went away on one direction and discovered the island of Hispaniola with other seven islands of the sand banks of Babueca and arrived in the said islands seven weeks before the admiral and anchored and stayed the said time in the river of Martin Alonso the said seven weeks before the said admiral arrived in the Hispaniola island  who would not have come back to the said island  had it not being for the industry of the said Martin Alonso who sent for him with canoes and letters that he sent him  because the said admiral was going to the islands of the Yucayos down the route of the northwest and had already gotten lost when his vessel,, on which he was returned.

XXVI. Also whether they know etcetera that the said Martin Alonso during the seven weeks entered inland across the Hispaniola island to the main caciques of the land  and arrived in what they call the Maguana to the house of Behechio and of Caonabo where he walked around and found large samples of gold and bartered it before the said admiral don Christoval Colon arrived in the said island.

XXVI. Also whether they know etcetera that once the said admiral arrived in the island of             Hispaniola because of the said letters and canoes with which the said Martin Alonso              ordered for him to be called and in view of the wealth that the said Pinçon  had discovered and found and bartered over  soon they left for Castille  with the sample the said Martin Alonso had discovered.

1. Also whether they know etcetera that it is public and notorious that if it was not for the said Martin Alonso Pinçon that the said admiral would have returned  and had not discovered the land and that because of his skills and knowledge and conversation of the said Martin Alonso the land was discovered and the said Martin Alonso discovered the island of Hispaniola and its gold from the river they call Martin Alonso’s where he   arrived and anchored before any other person and gave his name to the said port and river.
2. Also whether they know etcetera to be public and notorious as well that if the said Martin Alonso Pinçon did not give his vessels and go on the said trip as companion of the said admiral as per the agreement that the said admiral had made with the said Martin Alonso to whom he had promised one half of all the grants  that their highnesses had bestowed upon him once the land was found that the said admiral had not found people nor vessels that would come with him and that because of the said Martin Alonso Pinçon’s coming all the wares was obtained because he was at the time highly estimated for being very knowledgeable in the things of the sea and a man of great capacity and of a very great heart.
3. XXIX.  Also whether they know that in the life of the said admiral Christoval Colon his father and other ship owners of the King our lord as per his mandate discovered the said Tierra Firme and as per his judgment they fought with them and received very great damage and they could not subject it and later under orders of his highness they took over again the said Tierra Firme by force of arms, [the witnesses] must say what they know about this.
4. Also the said witnesses be asked the other general questions pertaining and related to the case.

And thus shown and presented the said documents in the manner that has been said the said sirs officials said that they requested and did request to the said mister lieutenant general and to the licenciado Gaspar de Espinosa alcalde mayor who  was present to look at the said letter of extension from Her Highness and in conformance with it to receive the witnesses that by them and each one of them were presented  who should be asked and examined as per the questions of the said inquiry presented by them and they requested this upon testimony witnesses Andres de Segovia servant of his honor and Martin  Estete notary public.

And then the said mister lieutenant general and the said alcalde mayor took the said carta de provision of Hers Highness in their hands and they kissed it and put it on their heads and said that they obeyed it and did obey it as to letter and mandate of their Queen and natural Lady and as to complying with it that they were ready and prepared to do and comply with what it contained in accordance to what per it Her Highness instructed to mandate.  And the said mister lieutenant general said that he commissioned and did commission the said alcalde mayor to do it and comply with it, witnesses the said ones.

The witnesses that are to be presented and their depositions be taken are the following:

La adelantado Vasco Nuñez

Christoval Serrano

Lope Dolano

Nuflo Dolano negro

Juan Portogues negro

Alonso Martin Apariçio  captain

Estevan Diaz sailor who is at present in Badajoz’s expedition.

Alonso Martin from Asturias

Juan Garcia sailor

Martin Estete

[Pleitos Colombinos, p. 302]

Bartolome de Caso sailor on Andres Niño’s caravel

Juan Camacho pilot of Diego Diaz’s caravel

Luis de Mercado who is gone on an expedition.

In the city of Santa Maria del Antygua del Darien on eight days of the month of November of the said year before the honorable alcalde mayor and in the presence of myself  the said notary the honorable treasurer Alonso de la Puente and honorable contador  Diego Marque presented the said record and said that in the name of their Highnesses they appointed and did appoint as witnesses the above contained and asked the honorable alcalde mayor to receive oath from them and their statements and depositions as per the questions in questionnaire presented by them, witnesses the bachiller Diego del Corral and Ruy Diez.

            And later the said honorable alcalde mayor said that he deemed and did deem the aforementioned witnesses as appointed and that he was mandating a proclamation to be issued  so if there was a person who had power of attorney to be, present, have, swear, see the said witnesses, witnesses the aforementioned.

[f. 6v.]

            And after the aforesaid this said day, month and year aforesaid the said proclamation was announced in the square of the said city in the voice of Diego Cabello town crier saying that if there was person who had power of attorney of the said Admiral for what was said before,  [the person] to appear to show it and be present at the presentation of the witnesses and to see them swear tomorrow the entire day with warning that in his or her absence and default witnesses were received , witnesses Pedro de Gamez and Francisco de Çisneros and Luys de la Rocha.

And after the aforesaid on nine days of the said month and year  [1515] aforesaid [sic] the said contador mister Diego Marque in the said name appeared before the said mister alcalde mayor and as proof of his intention   presented Nuflo de Olano and Alonso Martin, Asturian, denizens of the

[Pleitos Colombinos, p. 303]

said city of Darien as witnesses, from whom and from each one of them the said mister alcalde mayor received due oath, witnesses Martin Martínez e Segovya maestresala of the said mister governor.

            This said day, month and year aforesaid the said mister contador  presented as witness Johan Portuguese, Black, denizen of the said city, so he were interrogated with the questions of his inquiry, from whom due oath was received by mister alcalde mayor, witnesses Martín Estete and Antón de Solanylla and Alonso Rubuelo.

And after the aforesaid on twenty days of the month of November of the year one thousand and five hundred and sixteen the said mister contador appointed as witnesses in the said case Juan Grande pilot who is in the island of Santiago and Juan de la Puebla captain and pilot who is in the said island and Gonzalo Diaz pilot who is in the island Fernandina whom mister bachiller Diego del Corral alcalde mayor deemed appointed, witnesses the adelantado Vasco Nuñez Andres de Çerezeda.

And after the aforesaid on twenty days of the said month of November of the said year the said bachiller Diego de Corral alcalde mayor took and received oath in due manner as per the law, etc. from the said adelantado Vasco Nuñez de Balboa witness presented by the mister contador under the charge of which he promised to say the truth, witnesses Christoval Muñoz notary of Her Highness and Juan Gago and Andres de Çerezeda.

And what the said witnesses said and deposed in their utterings and depositions is the following:

            The said Juan Portogues, Black, aforesaid witness, having sworn after being presented by the said contador Diego Mar [sic] in the said name and being asked as per the questions for which he was presented,  said and deposed the following:

[Pleitos Colombinos, p. 304]

1. To the first question he said that he knows those contained in the said question except the said mister bishop of Burgos and the said prosecutor, and Martin Alons Pinçon and Pero Alonso Niño [he knows] from seeing and talking and

[f. 7]

conversing with [them] since twenty two years ago more or less and that he is not a relative nor enemy of any of the parties nor servant nor kin except that he was a servant of the Old Admiral and that he has not been bribed, corrupted nor scared into saying the contrary to the truth and that he wishes whoever has justice wins.

1. To the second question he said he heard the said Viçent Yañes Pinçon contained in the question and Diego Gomez pilot and others say what the said question contains.
2. To the third question he said he heard the said Christoval Guerra contained in the question say what the said question contains.
3. To the fourth question he said  he heard the said Admiral Don Christoval Colon say what the said question contains while this witness was with him in Seville except that he [the Admiral] said that he had discovered it but that had not jumped on ground as the said Christoval Guerra [did] but rather had passed by.[6]
4. To the fifth question he said he knows [the question] as the question says. Asked how he knows it he said because he has seen it so to happen in these parts of Tierra Firme some times when they have arrived in ports and settlements where there are Indians.
5. To the sixth question he said he heard the said Christoval Guerra say as the question says in Seville in the presence of the said Admiral.
6. To the seventh question he said he does not know it.
7. To the eight question he said that he knows it [the question] as the question says because this witness has been in the said Paria and has heard there, and since then from the Indians of the said land and from the said Christoval Guerra and others, what the said question says.
8. To the ninth question he said he says what he has said already in the questions before this one, and the rest he does not know.
9. To the tenth question he said that this witness has seen in Cartagena the mark contained in the said question and heard that in the said Paria the said mrks were not found.  Asked whom he heard it from he said from the said Christoval Guerra and others.
10. To the eleventh question he said that this witness heard the said Admiral don Christoval say, as this witness was staying in Seville with him [the Admiral], how the said Christoval Guerra had jumped on land and had brought the said pearls and that he [the Admiral] had never jumped on land inspite of having discovered it and that he had passed the said land by.
11. To the twelfth question he said he does not know it.
12. To the thirteenth question he said that he knows it [the question] as the question says because he has heard it said as commonly known from Vasco Núñez de Balboa and others and he saw how samples of gold were taken at the time by the said Juan de la Cossa and Bastidas to Castille because he saw it in Seville.
13. To the fourteenth question he said he does not know it.[7]

[f. 7v.]

1. To the fifteenth question he said he does not know it.

[Pleitos Colombinos, p. 306]

1. To the sixteenth questions [sic] he said that he knows it as the question says because he saw how the said Admiral departed to discover while this witnessed lived with him and later he heard him say how he had discovered the said land of Veragua and had even gone forward and that he heard him say it when the said Admiral returned to the island of Hispaniola once the trip was made.
2. To the seventeenth question he said he heard the said Viçente Yañes and others in Hispaniola say what the said question contains when coming from making the said trip and he saw the Indians they brought from there.

XVIII. To the eighteenth question he said he does not know it.

1. To the nineteenth question he said he does not know it.
2. To the twentieth question he said he does not know it except that he knows that the said Martín Alonso Pinçon knows that [sic] he had what was needed because this witness saw it.

1. To the twenty first question he said he does not know it except that he saw how the said Admiral came on two ships that it was said belonged to the said Martin Alonso Pinçon who came as well on them.
2. To the twenty second questions [sic] he said this witness saw how the said Martin Alonso came as captain of one of his ships and his brothers as main men in the said navy/fleet [armada] under the said Admiral and how they sailed since they left the island of Hierro six months more or less without seeing land and how one day the ships where the said Admiral and the said Martin Alonso came on got together and the said Admiral talked to

 [Pleitos colombinos, p.307]

Martin Alonso asking him what his opinion was because the people said to the said Admiral that they should turn back and the said Admiral responded that they would take the advice of the said Martin Alonso to see what they should do, and that he heard how the said  Admiral told  the said Martin Alonso when he asked him for his opinion what the people said and that his view opinion was that, inspite of it, that they should continue course since they had provisions and how the said Martin Alonso answered that his opinion was the same and that they should follow their course and thus they followed it and they went to touch within a few days on a port that the Admiral gave the name of Old Isabella and that all the aforesaid he saw and heard while coming this witness on the said trip with the said Admiral on the same vessel where he came.

XXIII. To the twenty third questions [sic] he said he says what he has said in the question before this one and that the rest he does not know.

XXIV. To the twenty-fourth questions he said he does not know it except that the said Martin Alonso was thought of as a knowledgeable man.[8]

1. To the twenty fifth questions [sic] he said that he knows it as the questions says because he saw it but that they did not disembark until La Ysabela which he has said in question twenty two.

XXVI. To the twenty sixth question he said he knows that the said Martin Alonso arrived before the Admiral to the cape that they called Beque and he does not recall how much before [f. 8] and that the said Admiral went to Ysabela where some canoes came over with Indians who said that they were coming from where the said Martin Alonso was and he saw how the vessel on which the said Admiral came was lost there and the rest he does not know.

[Pleitos colombinos, p. 308]

1. To the twenty seventh question he said he does not know it.
2. To the twenty eighth question he said he saw how the said Admiral left for Castille and this witness went with him and how he carried gold that the Indians brought over as a present.
3. XXIX.  To the twenty ninth question he said he says what he has said in the questions before this one and the rest he does not know.[9]
4.  To the thirtiest question he said he says what he has said and the rest he does not know.

XXXI. To the thirty first question he said this witness saw how in life of the Admiral Juan de la Cosa populated Uraba and afterwards he turned to return because he could not subject the Indians and later Hojeda came to populate and with him the said Juan de la Cossa  and in Cartagena the said Juan de la Cossa and otherw were  killed and the said Alonso de Hojeda populated the said province of Uraba and later he left the village and departed and thus it was depopulated because the Indians gave them too much war and that the said Alonso de Hojeda came over after the Old Admiral was dead and the rest he does not know.

1.  To the thirty second questions [sic] he said what he has said and deposed he considers public and obvious and he reaffirms it and it is the truth under the responsibility of the oath he has made and because he did not know how to write he did not sign it with his name.  He was ordered to keep secret of his declaration until it is published.’

[…]

[1]  The phrase Pleitos Colombinos in Italics followed by a number and in brackets indicates the pagination of the text as it appears in the 1989 Spanish edition. The numbers in regular typeface and in brackets indicate the pagination of the archival original as transcribed in the Spanish edition. The word ‘señor’ when used as a title of respect has been translated as ‘honorable,’ and when used as a noun meaning ‘ruler’ has been translated as ‘lord.’ Sixteenth-century Spanish words for which we did not find an adequate English equivalent have been left in Spanish within this English translation Commas have been occasionally added by the translator to make the text more understandable in English. The ellipsis marks in brackets […] indicates segments of the published Spanish transcription that have been left out of this translation due to the fact that they do not refer directly to Juan Portugués. The word [sic] Italicized and in brackets indicates that the prior word or phrase appears in the manner it does as a reflection of the Spanish original as published and despite its possible awkwardness as to its grammar structure or possible meaning.