Fray Francisco de Avila said: Although it was true Fray Marron had granted him permission to speak, he could not make use of it, in cases so grave and criminal as the present—it was prohibited him by the sacred canons of priesthood, to attest in such crimes, because it would force him to say that which might condemn some, and so, he did not wish to speak or declare in this case, not to fall into any error. Besides being mindful that the Governor had brought seven Indians from the peninsula at the time of his ransom, to this city, he could know and understand from them all that they might claim. This he said, and I sign it in his name.
Fray Francisco de Avila.
In my presence—
Juan Ximenes,
Notary Public.
Later—The Governor and Captain-General Gonzalo Menendez Canso, in order to investigate, had appeared before him Gaspar de Salas, an interpreter of the Indians of Guale who, having been sworn in the proper form, gave promise to tell the truth and nothing but the truth—and that he would declare all that he was ordered to say to the Indians who claim to give information; that he will say and declare all that said Indians say in reply, under the oath that he has taken.
Later the Governor ordered to appear before him one of the seven Indians who were brought from the peninsula, to whom the following questions were put: From where do you come and what is your name? He came from Tupique and that his name was Lucas. Are you a Christian? Yes. The name of your parents, are they, or have they been Casiques? His father’s name was Felipe, and he was Casique of Tupique. Where was he from? He was a native of the town of Tupique. Had there been any priest there? There had been one named Fray Blas Rodriguez. Tell and declare what had become of Fray Bias? That about ten or eleven moons past, eight Casiques held a conference, they were Asao, Tolafo, Atmehe, Fulo, Tupique and Alnate. When night came they killed the Priest. A helping hand was given them by a chief called Pisiache, that he might kill him with a hatchet, with which he gave him a blow on the head, from which wound he died almost immediately. Afterward they buried him in the church. Say and declare what cause they had for killing this priest? That Micas and Casiques said they killed him because he was artful and took away their enchantment or witchcraft, and would not allow them to have more than one wife.
Did you hear them say anything else? No. Did he know Fray Miguel de Annon, and Fray Antonio Lego, among the teachers of Guale, and Fray Pedro de Corpa, among the teachers of Tolomato, and Fray Francisco de Avila, among the teachers of Ospo?
I have known them all, and they have been killed. Fray Miguel had his hands tied behind him, but he did not know if they had killed him—Fray Antonio was tied, but he does not know how he was killed—he had heard it said that they killed him with wooden weapons, and that Fray Pedro Corpa two Casiques had killed in the night while sleeping; that Fray Francisco de Avila they had not killed, but had him captive near Tolofino until he should be ransomed by the Governor.
Was Fray Francisco well or ill-treated in the prison?
Sometimes they beat him with sticks and abused him. They sometimes fed him, but not always, and when they did it was on the leaves and tendrils of vines.