Note XI‑4 — Chapter XI · EXPEDITION OF DIEGO GUTIERREZ TO COSTA RICA. 1540-1545.

The first boundaries appointed for the province are those mentioned in the charter granted to Gutierrez, dated Madrid, November 29, 1540, wherein they are described as 'extending from sea to sea, and from the frontier of Veragua, running to the westward to the great river (Rio Grande), provided that the coast adjoining said river on the side of Honduras should remain under the government of Honduras, with power to Gutierrez to conquer and settle any island in said river which should not be previously located by Spaniards; and the right to the navigation, fisheries, and other advantages of said river; and provided that he (Gutierrez) should not approach to within 15 leagues of the Lake of Nicaragua, because this territory of 15 leagues being reserved, as well as said lake, were to remain in the possession of the government of Nicaragua; but the navigation and fisheries both in that part of the river granted to Gutierrez and in the 15 leagues reserved, and in the lake, should be possessed in common, conjointly with the inhabitants of Nicaragua.' Molina, Costa R. and Nic., 7. The author claims to possess a certified copy of unpublished documents stored in the archives of Spain, in which he states the conditions of the charter granted to Gutierrez. See also Oviedo, iii. 179, and Levy's Nic., 67-73.