Pleitos colombinos

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The Pleitos colombinos ("Colombian lawsuits") were a long series of lawsuits 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 the lawsuits took place between 1508 and 1536.

Background

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.[1]
Although not a formal agreement, the capitulations resulted from negotiation.

During Columbus's

Caribs against other Spaniards. Others, returning separately from America, accused him before the royal court of poor governance.[2] 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.[3] Upon arriving in Spain, he regained his liberty but lost a great deal of his prestige and power.[4]

Upon Columbus's death in 1506, he was succeeded as

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 grace and will would have it" (el tiempo que mi merced e voluntad fuere).[5]
Diego Colón held that it was "in perpetuity" and initiated a lawsuit against the Crown.

Lawsuit

In 1511 the first verdict was given, in

appellate judges. Neither party was satisfied, and both sides appealed.[5]

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).[5] The name Darién, still used for the Darién Gap in Panama near Colombia, then referred to a far larger and somewhat indefinite region extending further into Central America.[citation needed]

In 1520 was a new verdict, known as the "Declaration of La Coruña"[5] (after the Galician city, 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,

Fernando Colón.[6] A verdict in Valladolid on 25 June 1527 declared the previous verdicts annulled and ordered a new trial.[5]

The new royal prosecutor attempted to demonstrate that the discovery of the West Indies had principally been achieved thanks to Martín Alonso Pinzón, not Columbus. He called as witnesses surviving members of the crew of the first voyage to America.[7] Two verdicts were given: in Dueñas (1534) and in Madrid (1535), but both were appealed.[5]

Arbitration

Both parties finally submitted to arbitration. On 28 June 1536 the president of the Council of the Indies, Bishop García de Loaysa, and the president of the Council of Castile, Gaspar de Montoya,[7] delivered the following arbitration award:[5]

  • 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 Castile.
  • They removed the titles of Viceroy and Governor General of the Indies.
  • They established a
    Duke of Veragua
    ).
  • They confirmed the heirs' possession of their lands in the Hispaniola and the perpetuity of the titles of alguacil mayor ("high sheriff") of Santo Domingo and of the Audiencia (tribunal) of the island.
  • They ordered a payment of 10,000
    maravedíes
    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.[5]

Historical interest

Both the Columbus family and the Crown took testimony from witnesses to the various Castilian voyages of discovery to America. It has been a fundamental source of information for historians who study the era, but the accuracy of some of the testimonies is open to doubt.[citation needed]

References

  1. ^ John Michael Francis, Will Kaufman. Iberia and the Americas, ABC-CLIO, 2005, p. 176
  2. ISBN 84-206-3587-1
    .
  3. ISBN 978-84-321-3585-9. Link is to Google Books
    .
  4. ISBN 84-96467-28-7. Link is to Google Books
    .
  5. ^
    ISBN 968-7230-30-4. Link is to Google Books
    .
  6. ^ Villapolos Salas, Gustavo (1976–1977). "La naturaleza procesal de los Pleitos Colombinos" (PDF). Anuario Jurídico. III–IV. Biblioteca Jurídica Virtual: 299 (p. 15 of PDF). Archived from the original (PDF) on 2011-07-28. Retrieved 2009-08-14.
  7. ^ a b Villapolos Salas, Gustavo (1976–1977). "La naturaleza procesal de los Pleitos Colombinos" (PDF). Anuario Jurídico. III–IV. Biblioteca Jurídica Virtual: 300 (p. 16 of PDF). Archived from the original (PDF) on 2011-07-28. Retrieved 2009-08-14.

External links

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