Pleitos colombinos
Encyclopedia
The Pleitos colombinos were a long series of lawsuit
s that the heirs of Christopher Columbus
brought against the Crown of Castile and León in defense of the privileges obtained by Columbus for his discoveries
in the New World
. Most of these took place between 1508 and 1536.
, between Christopher Columbus
and the Catholic Monarchs
Queen Isabella I
of Castile
and King Ferdinand II
of Aragon
, signed in Santa Fe, Granada
on April 17, 1492 granted Columbus, among other things, the tenth part of all riches to be obtained from his intended voyage. Although not a formal agreement, the capitulations resulted from negotiation.
During Columbus's third voyage, he encountered hostility from other Spaniards
in Hispaniola
, who felt deceived by Columbus's promises of riches. On several occasions, Columbus attempted to ally with the rebellious Taínos and Caribs against other Spaniards. Others, returning separately from America, accused before the royal court of poor governance. The king and queen sent royal administrator Francisco de Bobadilla
to Hispaniola in 1500, and upon his arrival (23 August), Columbus and his brothers were arrested and sent back to Spain in chains Upon arriving in Spain, he regained his liberty, but he lost a great deal of his prestige and his power.
Upon Columbus's death in 1506, he was succeeded as Admiral of the Indies by his oldest son Diego
. In 1508, King Ferdinand in his capacity as regent
of Castile
, gave Diego Colón the additional office of Governor of the Indies, "for the time my mercy and will would have it" ("el tiempo que mi merced e voluntad fuere"). Diego Colón held the that this meant "in perpetuity" and initiated a lawsuit against the Crown.
. The judges recognized for the line of Columbus the position of viceroy
s in perpetuity and the right to ten percent of the benefits obtained from the Indies. The Crown received, among other things, the right to name appellate judges. Neither party was satisfied, and both sides appealed.
In 1512, the suit was combined with the pleito del Darién, a suit over whether the jurisdiction of Columbus's heirs extended to the mainland of America (the tierra firme). The name Darién, still used for the Darién Gap
in Panama
near Colombia
, at that time referred to a far larger and somewhat indefinite region extending further into Central America
. In 1520 there was a new verdict, known as the "declaration of La Coruña" (after the Galician city of La Coruña, now A Coruña
).
In 1524 Diego Colón was deposed from his position as governor, and instituted a new suit against the Crown. He died two years later, but his widow continued the suit in the name of their son Luis, a minor at the time. The primary representative of the family at this time, if not the one with the standing for the suit, was Diego's brother, Hernando Colón. A verdict given in Valladolid
25 June 1527 declared the previous verdicts annulled, and ordered a new trial.
The new royal prosecutor attempted to demonstrate that the discovery of the West Indies had principally been achieved thanks to Martín Alonso Pinzón and not Columbus. He called as witnesses surviving members of the crew of the first voyage to America. Two verdicts were given: in la de Dueñas
(1534) and Madrid
(1535) but both were appealed.
. On 28 June 1536 the president of the Council of the Indies, the bishop García de Loaysa
, along with the president of the Council of Castile
, Gaspar de Montoya. delivered the following arbitration:
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s that the heirs of Christopher Columbus
Christopher Columbus
Christopher Columbus was an explorer, colonizer, and navigator, born in the Republic of Genoa, in northwestern Italy. Under the auspices of the Catholic Monarchs of Spain, he completed four voyages across the Atlantic Ocean that led to general European awareness of the American continents in the...
brought against the Crown of Castile and León in defense of the privileges obtained by Columbus for his discoveries
Voyages of Christopher Columbus
In the early modern period, the voyages of Columbus initiated European exploration and colonization of the American continents, and are thus of great significance in world history. Christopher Columbus was a navigator and an admiral for Castile, a country that later founded modern Spain...
in the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...
. Most of these took place between 1508 and 1536.
Antecedents
The Capitulations of Santa FeCapitulations of Santa Fe
The Capitulations of Santa Fe between Christopher Columbus and the Catholic Monarchs were signed in Santa Fe, Granada on April 17, 1492. They granted Columbus the titles of Admiral of the Ocean Sea, the Viceroy, the Governor-General and honorific Don, and also the tenth part of all riches to be...
, between Christopher Columbus
Christopher Columbus
Christopher Columbus was an explorer, colonizer, and navigator, born in the Republic of Genoa, in northwestern Italy. Under the auspices of the Catholic Monarchs of Spain, he completed four voyages across the Atlantic Ocean that led to general European awareness of the American continents in the...
and the Catholic Monarchs
Catholic Monarchs
The Catholic Monarchs is the collective title used in history for Queen Isabella I of Castile and King Ferdinand II of Aragon. They were both from the House of Trastámara and were second cousins, being both descended from John I of Castile; they were given a papal dispensation to deal with...
Queen Isabella I
Isabella I of Castile
Isabella I was Queen of Castile and León. She and her husband Ferdinand II of Aragon brought stability to both kingdoms that became the basis for the unification of Spain. Later the two laid the foundations for the political unification of Spain under their grandson, Charles V, Holy Roman Emperor...
of Castile
Crown of Castile
The Crown of Castile was a medieval and modern state in the Iberian Peninsula that formed in 1230 as a result of the third and definitive union of the crowns and parliaments of the kingdoms of Castile and León upon the accession of the then King Ferdinand III of Castile to the vacant Leonese throne...
and King Ferdinand II
Ferdinand II of Aragon
Ferdinand the Catholic was King of Aragon , Sicily , Naples , Valencia, Sardinia, and Navarre, Count of Barcelona, jure uxoris King of Castile and then regent of that country also from 1508 to his death, in the name of...
of Aragon
Crown of Aragon
The Crown of Aragon Corona d'Aragón Corona d'Aragó Corona Aragonum controlling a large portion of the present-day eastern Spain and southeastern France, as well as some of the major islands and mainland possessions stretching across the Mediterranean as far as Greece...
, signed in Santa Fe, Granada
Santa Fe, Granada
Santa Fe is a Spanish municipality in the province of Granada, situated in the Vega de Granada, irrigated by the river Genil.The town was originally built by the Catholic armies besieging Granada after a fire destroyed much of their encampment....
on April 17, 1492 granted Columbus, among other things, the tenth part of all riches to be obtained from his intended voyage. Although not a formal agreement, the capitulations resulted from negotiation.
During Columbus's third voyage, he encountered hostility from other Spaniards
Spanish people
The Spanish are citizens of the Kingdom of Spain. Within Spain, there are also a number of vigorous nationalisms and regionalisms, reflecting the country's complex history....
in Hispaniola
Hispaniola
Hispaniola is a major island in the Caribbean, containing the two sovereign states of the Dominican Republic and Haiti. The island is located between the islands of Cuba to the west and Puerto Rico to the east, within the hurricane belt...
, who felt deceived by Columbus's promises of riches. On several occasions, Columbus attempted to ally with the rebellious Taínos and Caribs against other Spaniards. Others, returning separately from America, accused before the royal court of poor governance. The king and queen sent royal administrator Francisco de Bobadilla
Francisco de Bobadilla
Francisco de Bobadilla was a Spanish colonial administrator. Member of the Order of Calatrava, in 1499, de Bobadilla was appointed to succeed Christopher Columbus as the second governor of the Indies, Spain's new territories in America, by King Ferdinand and Queen Isabella...
to Hispaniola in 1500, and upon his arrival (23 August), Columbus and his brothers were arrested and sent back to Spain in chains Upon arriving in Spain, he regained his liberty, but he lost a great deal of his prestige and his power.
Upon Columbus's death in 1506, he was succeeded as Admiral of the Indies by his oldest son Diego
Diego Colón
Diego Columbus was the 2nd Admiral of the Indies, 2nd Viceroy of the Indies and 3rd Governor of the Indies. He was the firstborn son of Christopher Columbus and wife Filipa Moniz Perestrelo, and was born in 1479/1480 in Porto Santo, Portugal or 1474 in Lisbon, Portugal. He died February...
. In 1508, King Ferdinand in his capacity as regent
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
of Castile
Crown of Castile
The Crown of Castile was a medieval and modern state in the Iberian Peninsula that formed in 1230 as a result of the third and definitive union of the crowns and parliaments of the kingdoms of Castile and León upon the accession of the then King Ferdinand III of Castile to the vacant Leonese throne...
, gave Diego Colón the additional office of Governor of the Indies, "for the time my mercy and will would have it" ("el tiempo que mi merced e voluntad fuere"). Diego Colón held the that this meant "in perpetuity" and initiated a lawsuit against the Crown.
Development of the suit
In 1511 the first verdict was given, in SevilleSeville
Seville is the artistic, historic, cultural, and financial capital of southern Spain. It is the capital of the autonomous community of Andalusia and of the province of Seville. It is situated on the plain of the River Guadalquivir, with an average elevation of above sea level...
. The judges recognized for the line of Columbus the position of viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
s in perpetuity and the right to ten percent of the benefits obtained from the Indies. The Crown received, among other things, the right to name appellate judges. Neither party was satisfied, and both sides appealed.
In 1512, the suit was combined with the pleito del Darién, a suit over whether the jurisdiction of Columbus's heirs extended to the mainland of America (the tierra firme). The name Darién, still used for the Darién Gap
Darién Gap
The Darién Gap is a large swath of undeveloped swampland and forest separating Panama's Darién Province in Central America from Colombia in South America. It measures just over long and about wide. Roadbuilding through this area is expensive, and the environmental toll is steep. Political...
in Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
near Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, at that time referred to a far larger and somewhat indefinite region extending further into Central America
Central America
Central America is the central geographic region of the Americas. It is the southernmost, isthmian portion of the North American continent, which connects with South America on the southeast. When considered part of the unified continental model, it is considered a subcontinent...
. In 1520 there was a new verdict, known as the "declaration of La Coruña" (after the Galician city of La Coruña, now A Coruña
A Coruña
A Coruña or La Coruña is a city and municipality of Galicia, Spain. It is the second-largest city in the autonomous community and seventeenth overall in the country...
).
In 1524 Diego Colón was deposed from his position as governor, and instituted a new suit against the Crown. He died two years later, but his widow continued the suit in the name of their son Luis, a minor at the time. The primary representative of the family at this time, if not the one with the standing for the suit, was Diego's brother, Hernando Colón. A verdict given in Valladolid
Valladolid
Valladolid is a historic city and municipality in north-central Spain, situated at the confluence of the Pisuerga and Esgueva rivers, and located within three wine-making regions: Ribera del Duero, Rueda and Cigales...
25 June 1527 declared the previous verdicts annulled, and ordered a new trial.
The new royal prosecutor attempted to demonstrate that the discovery of the West Indies had principally been achieved thanks to Martín Alonso Pinzón and not Columbus. He called as witnesses surviving members of the crew of the first voyage to America. Two verdicts were given: in la de Dueñas
Dueñas, Palencia
Dueñas is a municipality located in the province of Palencia, Castile and León, Spain....
(1534) and Madrid
Madrid
Madrid is the capital and largest city of Spain. The population of the city is roughly 3.3 million and the entire population of the Madrid metropolitan area is calculated to be 6.271 million. It is the third largest city in the European Union, after London and Berlin, and its metropolitan...
(1535) but both were appealed.
Arbitration
Both parts finally submitted to arbitrationArbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
. On 28 June 1536 the president of the Council of the Indies, the bishop García de Loaysa
García de Loaysa
Juan García de Loaysa y Mendoza was a Spanish Archbishop of Seville and Cardinal.-Biography:...
, along with the president of the Council of Castile
Council of Castile
The Council of Castile , known earlier as the Royal Council , was a ruling body and key part of the domestic government of the Crown of Castile, second only to the monarch himself. It was established under Queen Isabella I in 1480 as the chief body dealing with administrative and judicial matters...
, Gaspar de Montoya. delivered the following arbitration:
- They confirmed the title of Admiral of the Indies in perpetuity to the line of Columbus, with privileges analogous to those of the Admiral of CastileAdmiral of CastileAdmiral of Castile was a post with a long and important history in Spain. One famous holder was Fadrique Enríquez.Another was Admiral Don Bernardo de Sarrià, Baron of Polop and nobleman in the service of King James II of Aragon....
. - The removed the titles of Viceroy and Governor General of the Indies
- The established a seigneury for Columbus's heirs consisting mainly of the island of JamaicaJamaicaJamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
(with the title of MarquessMarquessA marquess or marquis is a nobleman of hereditary rank in various European peerages and in those of some of their former colonies. The term is also used to translate equivalent oriental styles, as in imperial China, Japan, and Vietnam...
of Jamaica), a territory of 25 leagues square in VeraguaVeraguaVeragua or Veraguas was the name of five territorial entities in Central America, beginning in the sixteenth century during the Spanish colonial period...
(with the title of Duke of VeraguaDuchy of VeraguaThe Duchy of Veragua was a Spanish hereditary domain created in 1537 in the reign of King Charles I in a small section of the territory of Veragua...
). - They confirmed the heirs' possession of their lands in the HispaniolaHispaniolaHispaniola is a major island in the Caribbean, containing the two sovereign states of the Dominican Republic and Haiti. The island is located between the islands of Cuba to the west and Puerto Rico to the east, within the hurricane belt...
and the perpetuity of the titles of alguacil mayor ("high sheriffHigh SheriffA high sheriff is, or was, a law enforcement officer in the United Kingdom, Canada and the United States.In England and Wales, the office is unpaid and partly ceremonial, appointed by the Crown through a warrant from the Privy Council. In Cornwall, the High Sheriff is appointed by the Duke of...
") of Santo DomingoSanto DomingoSanto Domingo, known officially as Santo Domingo de Guzmán, is the capital and largest city in the Dominican Republic. Its metropolitan population was 2,084,852 in 2003, and estimated at 3,294,385 in 2010. The city is located on the Caribbean Sea, at the mouth of the Ozama River...
and of the Audiencia (tribunal) of the island. - They ordered a payment of 10,000 ducatDucatThe ducat is a gold coin that was used as a trade coin throughout Europe before World War I. Its weight is 3.4909 grams of .986 gold, which is 0.1107 troy ounce, actual gold weight...
s annually to the heirs of Columbus as well as 500,000 maravedíesSpanish maravedíThe maravedí was the name of various Iberian coins of gold and then silver between the 11th and 14th centuries and the name of different Iberian accounting units between the 11th and 19th centuries.-Etymology:...
per year to each of the sisters of Luis Colón.
Minor lawsuits
After the arbitration of 1536, minor lawsuits between the Columbus family and the Crown continued, but they were not of comparable importance. Lawsuits occurred between 1537 and 1541, between 1555 and 1563, and sporadically until the end of the 18th century.Historical interest
Both the Columbus/Colón family and the Crown took testimony from witnesses to the various Castilian voyages of discovery to America. This has constituted a fundamental source of information for historians who study the era, although the accuracy of some of the testimonies is open to doubt.External links
- Complete first edition of the documents and testimony of the Pleitos Colombinos: This work has recently been published in English translation: Testimonies from the Columbian Lawsuits (Repertorium Columbianum), Brepols Publishers (2000), ISBN 2503510299.