18 n In the royal presidio of 3. Annt t onio de Bexar,, on ka7r ch. elght, one thousand seven hundred"thirty-eight, in view of

Transcription

1 G EC$ro n In the royal presidio of 3. Annt t onio de Bexar,, on ka7r ch elght, one thousand seven hundred"thirty-eight, in view of the powers_whieh, 4he e on the twenty-fourth 13 Powers day of the month of January of the current year, in the presence of Don Joseph Cayettano do Ber,gara, lieutenant of the royal presidio of Nuestra Beflora deel Pilar de los Adais, acting as reeeptor, the offiacera and soldiers of sal.d presidio had granted to me, in the first place, and, in the second place, to Don Domingo de ^-E;umendl. Vrr utia, a resident and merchant of the City of '.Mexico, for the collection of the salary they had earned for,the last two-thirds of the past year of thirty-seven, the lat,ter haveforwarded 4e me the originals in order that they may be included in the protocol of public documents in the Archives of the former presidio, as required. The present notary shall make, in publie maaner and form, one, two, or more certified copies of them prefaced by this decree, which shall be sent to the above-mentioned Don Domingo so that they may be used by him. I hereby give to the latter, in`caae of neceesity, such power as may be necessary and required by law to the end that the same may and shall be valid in aa3.1 Prudenzio i t; \ _, fs clauses and provisions. Don de probio ttera, governor of this province of Thexas and NewaPhi,lippin^s

2 4 7 lv thu.e decreed, granted and signed it before the present.//notary public and Ceecretary3 of the municipal council. I certify. prudeneio de Orobio Bazterra CRubric3 Done in my preeence: co Fran. Joaeph de arocha rrubric, Notax y.public and c5eeretary3 of the Municipal Council c:d..8. in E., January 24, 1738, pp. 2-3v3

3 48 2 //ccross' In the royal presidio of Buestra SeFiora de el Pilar de los Adais, jurisdiction of the province of thexas, New philippines, on the twenty-fourth day of the month of January, one thousand seven hundred thirty-eight, before me, Don Joa' seph Calletano de Yergara, lieutenant of the cempany, and ' settlement of this presidio of los Adaie, commaudant;in chief of same and its frontier, and chief justice of its jurisdiction, by Don Prudencio de Basterra, governor and captain genera,l of the provinces of thexas and New Philippines, in the presence of the witnesses with whom I am acting as uez receptor, in the absence of a royal notary or a notary public, because there is none in this jurisdiction as required by law, there appeared before me in person,ala fere Don Joseph Gonzi3.es, Sergeant Manuel,Antt.. de losolla and the soldiers Pedro dezierra, Phelipe Bermtides, ' Ju. San-.ches detobar, hateo y barbo, Phelipe dezierra, Antoniv decordobes, Aidres. Sane,hes, Agustin Sanches, Dom.inao de el rrf o, Domingo chireno, Fransisco de lazerda, Fernando delazerda, co co Joseph de Yille,r.rreal, Fran., de thorres, Fran. de Napolee, CO Ygnasio de San mig antt. de luna, Ju. do mvra, Ju. Joseph Marques, Jasepla de Castro, Ju de Thorree, Ignacio Hernandee, Pedro 3anchee, Juliin Flores, Ju. de los R. eyes, Joseph de Ariae, Miguel de el rrfo,, Joseph de Aco$ta, Miguel Ramos, Ju. Benlto de The

4 49 ^ rreyes, manue7, Beslanga, Joseph de Santacrus, Joseph detrejo, 1 Joseph Miguel Domingues, L'ocas Flares, Manuel Luss, Man. de Ar anbula, Salbador de los- posos, Diego.:de Villa. Franca,.Migu el.cortas, Manuel chirino, Salbador de Eepar sa, Santiago Vega, Xrisptbbal Rodrigues, Xx'isptobal de Santiago, Xri.+spto-- bal de oa, rrio, Ju de padilla, Ju. Games, pie,go Ra^non, L^-^ saro Ybanes, Sebastian Camaeho, Marcos Martin, Ju. de Villarreal, Marcos Auis and Joseph dezalasar, officers and soldier$ of.the garrison of this royal presidio, all of whom I certify that I know, and they said that in. the year just past of one thousand seven hundred th.irty-se4en, they had granted together, unanimously, by common consent, as a, group and individually, a power of attorney to Don Man. de Sandoval., captain of infantry_ and former governor of this province, and through him to Don Domil.±igo de Gomendio, his agent in the capital of Mexico, for the collection of the entire amount of the salary for the first third of said past year which said,offioers and soldiers of this company and settlement had earned and. which was allotted to them for services rendered. By virtue of the written petition made at the request of the above mentioned officers and soldiers, the aforesaid total amount for said first third of the year was in process of being paid to them in person and to their satisfaction,by the said captain through his cashiers in the presence of the officer who was at that time lieutenant

5 5 general of this- said presidio and of the officers of said when garrison and company,/c.olonel Don Carlos de Franquis, who was then governor of this province, arrived at this presidio. The unjust and abusive manner in. which the latter behaved toward said Don Manuel de Sandoval and toward said lieutenant general, appointed by- said Colonel, is generally and publicly known. The latter made various promises (some of which will have to be mentioned hereinafter) andp.aeting without any counsel other than. his authority, he commanded the aforesaid signers to annul the above-mentioned power granted to said Captain Don Manuel de Sandovaal and to grant one, for the entire past year of one thousand seven hundred th3.rty-se4en, from the first of January to the last of December of said year., to said Colonel Don Carlos Fren- O quis, and through him to his agent, Don Ju. de Angu3.o, a 2v resident QY the City of Mexico. The signers did so or they feared that, since they were'poor,. if they refused to. do anything.whatever that said Don Carlas de Franquis should sug$est, the latter might ibfliat upon them even greater abuses than he had upon his aforesaid predecessor and upon Lieutenant General Don Fermfn de y Biriqd, for they observed that when one of the aigners told him that said Don Manuel do Sandoval had paid them what. was due them, he became.angry, asked him his name and made other threats which arle,not cited herein. if sueh had not been the case, when they had given him, as their governar, their power of attorney for

6 51 the rest of the past year, they would not have annulled the one they had granted for the first_ third of said year since, as they have stated, the amount of the allottment or its equivalent had been received. Because of the fact that seventeen months have passed since Colonel Don Carlos Franquis took possession of this government and that from him they barely received a little corn, some cattle and a few horses and that most of them have large families, and since the Most Illustrious and Most Excellent Archbiahop and Viceroy, for just reasons has deposed said gentlemen froru the,gov ernorship and has appointed to that office Don Prudeneio de. orouioy basterra, In order that it may be possible for the signers to ask of the said present governor what they may require In the future and what they now urgen', tly need both for the discharge of their duties and for the support of, their needy families,, they do by these presents grant, as.above stated, together, 1ndiV'idually and as a group, and give such. power as may be necessary and required by law, in the first place, to said Governor.Don Prudencio de.orobyo y. Basterra and, in the second place, to Don Domingo de Gomendio, a resident,and merchant of the City of Mexica, appointed as paymasters by said officers and soldiers so that in,their name and representing their own persons, rights, and acts, they m,ay-and shall appear f or each one individually and for all collectively before the Most Illustrious and Most

7 52 Excellent Archbishop and Viceroy of this New Spain to ask for the warrants necessary for the colleetion'of their sal.aries for the last two-thirds of the year just past of one thousand seven hundred thirty-seven, from the firet of May through the thirty-first of December, of the four hundred-twenty pesos per year assigned by His Majesty for each soldier, plus an the additional sixty-five pesos each for the lieutenant, /alferez., "...^..-...^.. the and/eergeant. They shall place In safety. for its collection and payment by the. Aoyal Treasury the af oresaid power which was granted to said Captain on Manhel 'de &andov8l for the first third. of said past year, seven hundred thirty-seven, and which, if it should be necessary so to do, they do hereby declare to be valid, good and legal, as it has been and still ie; no annulment thereof which they may have made or shall make in the future shall be valid. If by accident it may have been lost or if it may have been concealed, or if for any reason it should be necessary so to do, said signers do here^by give it such power and validity as required by law so that it may be used for the collection and payment of the amount as signed for the said first. third of said past year, from the first of January through the last of April, for the salary of the company: and garrison of this said presidio. It shall be as effective as if this present power had been g-r. anted`. solely, for this purpose, and they do hereby annul_ on e, two, three and as many more times as permitted by law.the

8 53 power which they granted to said Colonel Don Carlos Franquis, and declare and confess that they executed the same for the reasons they have previously stated and also because the only manner in which they have been able to obtain the scant supply of provisions and horses above-gentioaed has been by charging it against their aforesaid salaries..any additional aid which they may have received has been in the form of limited provi-. sions supplied by said Don Manuel de Sandoual or by the cap-. tai.n; of the,presidio of San 1Att., Don Joseph de,vrrutia. The total and justifiable amount of the'cost of the provisions that have been supplied to us shali be paid from the grose amount of our salaries allotted for the last two-thirds of said past year, seven hunc7red thirty-$even by our said Gover-> 3 nor Don prudehcio de Oroulo //y Basterra, or by Don Domingo de Gomendio, who shall bear in mind that whatever may have. been given to us on account by said Don Carlos Fbranquis shall be paid for at the rate of the principal and costs plus Forty per cent profit and in no other, manner in view of the repeated promises to that effect,made to us by said gentleman and publicly proclaimed to the sound of the drum and posted by an order signed by him on the guardroom of this presidio, where it still remains. This power is also granted in order that said Governor or Don Domingo de Gomendio may collect and receive the gunpowder which His Majesty has allotted to thie company in the.amount of six pounds per soldier,

9 54 or an aggregate of three hundred seventy pounds. per year; the signers have not yet received the allotments due them for the years one th.ous$nd seven hundred thirty-three, thirty-four, thirty-five, thirty-six, and thirty-seven. The sum total for their salaries and for the gunpowder for the aforesaid years shall be paid by the Royal Treasury. in Mexico City, where the official royal judges in virtue of said warrant from the Most Illustrious and Most Excellent AX'chbishop and Viceroy shall issue in cash, to the satisfaction of the above-stated signers and in their name, to either one of the two afore-mentioned agents, or to whoever may represent them, the aforesaid sum and gunpowder. For the cash and gunpowder which the latter may collect and receive, they shall Vant the receipts and quitts,nces necessary for their collection plus affidavits that they have received same or the renunciation of laws connected therewith. They shall present before His, Excellency the necessary memorials and documents. For the execution of the foregoing and of whatever else may have to be done incidenta7:ly and related thereto, the signers give and grant to said Governor pon Prudencio de 4robio y Bastere,and to Don Domingo de Gomendio the present power of attorney with full authority and power to appoint one, two, three, or more substitutes; the latter also may appoint as many m,ore as may be Aeeded, without any reetriction whatever; to them.alao is granted the same power and authority to attend to other

10 55 proceedings and negotiations which may or shall arise in conne ction with this transaction. They shall also instigate legal proceedings and make oath whenever necessary. The signers bind their persons and present and future assets for the execution of this power; they authorize His Majesty's judges to whom these presents shall come to compel them to obser.ve and comply with same to the full force and extent ;of the law as if it were a sentence given and pronounced in a ease which had been tried in court by a competent judge. They renounce their own home and community, the law of, Si Cumbenerit, de juridisionem 3mniun udicthe general laws, and any others-whiah might be in their 'favor or defense; and to that end they vouch for one another, and they will comply with same without fail. They asked and begged me to interpose my roysl and judicial authority, and I, said lieutenant and chief justice, declare that, in the name of His Majesty, I do hereby interpose same insofar as. T can and should, accarding to law. Done before me and the attendant witnesses 3v with whom I am acting according to law. Those who k//new how to write their names signed it with me, and for those who did not know how to write one of the folldwing witnesses, who were pre4ent and are residents of this royal preeidio-ot Nuestra SePora de el Pilar de los Adais, signed: Lie.utenant Don Ju. Aott de amorin, Alf Ph:elipe mupios 'de"mora and o. Ju.,_de armijo. This is written on common paper beeause there

11 56 is no staraped paper in this jurisdiction as provided by law. I certify.. gigned; Joseph Cayetano de Vergara CRubric y - Joseph Gonsalez CRubric3 co Fr an antofio de napoles [Rubriey Manuel Antonio do Losoya crubricy Feliphe Beraddes CRubric., Katheo Antonio de y barbu crubric3 Aridres Sanahe;s crubric.3 Jose de Casttro rrubric3 Marcoe Ruys ERubric, Pheliphe de sirra 6Rubrica Antonio de luna rrubric3 Joseph de Acosta CRubrlc3 Pedro de Cierra, Antonio Cordoves,.,eguetin Sa^ cheb, do- co tningo del R$o, Ju Sanches. tobar, Fr,an de la Zerde., Fernaneo do de la. Zerda, Joseph Fran de Villaxreal., Fr aa de ttores, co Fran de Samiguel, higriasio de Samiguel, Juan de mora, Ju Joseph marques, Juan de torres, hgnasio hernandes, Pedro San- Ohes, Juan de loi Relles, Joseph de arias, Miguel del Rio, Joseph'miguel Ramo:s, Jusn benito de los Relles, Joseph manuel

12 57 berlanga, Juan Joseph de 5anta Crus, Joseph de trexo, Joseph miguel domingues, lucas Flores, Manuel luis de los Relles, Manuel de Arambula, Manuel galuador de los Posos. Witness and at the request of the foregoing: Juan antonio de amorin trubric3 Diego de Villafranca,.miguel.Cortea, Manuel Chirino, Saluador de esparaa, Santiago Vega, Christohal Rodrigues, Chriatobal del Rio, Joseph diego Ram6n, lasaro h1banes, SeuastiaA Camaeho, maarcos martin, Juan de Villarreal, Joseph de 8alazar. Witness and at: the request of the above-named: Anderes de espino Rubrie3 At the request of Juan Games and Juan de Padilla: Felipe mulios de mora crubric3 Witness: Andres::de espino crubrioj Witness: Cayetano michaea crubric3 CD.S. in E., January, 24, 17.38, pp.. 2-3v3

13 58 CGross3 n In the royal presidio of S. Auttonio de Baiacar, on the twenty-ei&tth. of March, one thousand seven hundred thirtyeight, in consequence of the powers which, on the twentyseventh day of the month of January of the current year, in the presence of Don Joseph Cayetano de Bergara, lieutenant of the royal presidio of Nuestra SePlora deel Pilar de los. Adaie, acting., as uez reeeptor, the offlcers and soldiers of the latter presidio granted, in the first place, to me, in the second place, to Don D'Omingo de Gomendio Vrrutia, resident and merchant of the City of Mexico, for the collection, of the salaries, for the present year of thirty-eight; the original powers have been forwarded in order that -tn y.,. may be included in the protocol of public instruments in the,arc,tiive$ of the former pr.esidio, as required. The present notary shall make one, two, or more certified copieb.-oi' them,, in public manner and form, with this decree as a preamble, and they shall be eent to the aforesaid Don Domingo in order that he may use. them..1 hereby give to him, in-- ae:se of need, such power as may be necessary and required by laa to the end that they may and shall be valid in all 4v; their clauses and provisions according to law. //Don Prcadenzio de probio Basterra, governor of this province of Thexas and New Philippines thus decreed, granted and si$neel it be fore the present notary public and 6secretary3 of, the

14 59 municipal council. I certify. Prudencio de Oroblo Pazterra: C,Rubric3 Done in my presence; co Fran. Joseph de ar ocha CRubric3 Notary Public and e8ecretaryl of the Municipal Council.ED.B. in E.,. January 24, 1738, pp. 4-4v3

15 5 I/ECrO8B3 In the royal presidio of Nuestra Sefiora de el Pilar de los Adais, on the twenty-seventh day of the month of January, one thousand seven hundred thirty-eight, before me, Don Joseph Calletano de Vergara, lieutenant af the company "and 'settlement of this above-mentioned presidio. of los Adaie, eommandant in chief of same and of.its frontier, and chief justi.ce of its J,urisdiction by Don Prudencio de probio y Basterre,, governor and captain general of these provinces of Texas and New Philippinea, and in the presence of thet witr^neeses with., whom I am acting as jues re$ptor, In the -absence of a royal hota,ry or notary public, there appeared, in - person, Alferee Don Joseph Gonssles,.Serg;eant Manuel Antonio de losoia, and the soldiers Pedro de zierra, Phelipe F3ermu- des, Ju de ta'bar, Mateo y barbo, Phelipe de zierra, Antt. de eordobes, Andres Sanche s, Domingo, de el Rio, Domingo Chirino, Francisco de..la Zerda, Fernando de la zerda, Joseph de Villa Real, F'rensiseo de thorres, Francisco de napoles, ygnacio de San migel, Fransieco de ;an miguel, ygnasio G6mes, Ano c tonio de luna, Ju de Mora, Ju. Joseph Marques, Joseph de Castro, Ju de' tihorres, ygnasio Hernandes, Pedro 3anches, Ju. de los Reyes, Joseph de Ar'ias, Miguel del Afo, Joseph. de 1 Aeoeta, mig. Ramos, Ju. Benito de.lo$ reies, Manuel "Beslanga, Joseph de trecho, Joseph de Sante, crus, Jose Miguel DomInges, Lucas F'lores, Manuel Luis, Manuel de. Araxibula, Manuel Salbador

16 61 de los posos, Die,go de Villafranca, Migel Cortes, Manuel chlrino, Salbador de esparza, Santiago Bega, XristobaT Rodrigues, Xristobal de Santiago, Xristobal de el Rio, Ju de Padilla, Ju Games, Diego Ramon, LAsaro y Banes,-Sebastia"n Camacho, Marcos Martin, JUlian F'16re81, Agustin SanChes, Mat'cs Ruls, Joseph de Salazar, and "Ju de. Villarreal., officers and so1- diers of the garrison of this royal presidio, all of whom.i certify that I know, and they said that they unanimously and by commoa consent, jointly and severally, do by these presents grant and give such power as may be necessary and required by law, in the first place, to Don Prudencio de robio y Basterra, governor and captain general of these said provinces of thexas, and, in the second place, to Don Domingo de Gomendio, -a resident and merchant of the City of Mexico, appointed as paymasters by said officers and soldiers, in order thatin their name and representing their own persons, rights, and acts, they may and shs,ll appear for eachl one individually and for all of them, for this present year of one thousand seven hun- ' dred thirty-eight, before the Most I3.lustrious and Koet Excellent A;rchbishop and Viceroy of this New Spain to ask for the warrants necessary for the collection of 'their salaries of four hundred twenty pesos which His Majesty has assigned- to eac-h, plus sixty-five pesos to cover the additional amounts to which the lieutenant, the alferes, and the sergeant are entitled; all of which amounts to twenty-five thousand two

17 62 5v hundred sixty-five pesos, and three hundred eix.//ty pounds of powder representing the six pounds which His Majesty likewise gives to each one_of the sixty signers every year. The same.is to be issued by the Royal. Treasury in Mexico-City, where the royal official judges, in view of said warrant from the Most Illustrious andmost.exeellent Archbishop and Viceroy, will deliver same, in cash,to the satisfaction of the afore-. said signers, and in their name, to ei^her of the two abovemention.ed.paymasters, our Governor Don Prudenelo de Orobio y Basterra and Don Domingo de Gomend3o, or- to whoever may represent them. They shall grant the receipts and quittances necessary for the collection of such amounts of the aforesaid sum and quantity of powder as they may collect and receive, with affidavits that they have received the same or the.re-. nunciation of the laws connected therewith; they shall present before His Excellency the necessary memorials and documents, for, to that end and for every ir^cidental.^question ^_.^ ^ ag thereto, the signers do hereby give and grant to them the present power of attorney with full authority and power to appoint one, two, three, or more substitutes. The latter may appoint as many more as may be necessary, without any restriction whatever, since the signers do hereby give and grant to each and every one of them the same power and authority to attend to any and all pro ceedings and negotiations which may or shall ar>ise

18 63 in connection herewith; aswell as to institute legal proceedings and swear to oaths whenever necessary. For the execution of all the foregoing, the signer$ do hereby bind their persons and their present and future. a:ssets; they authorize the justices and judges:of His Majesty whom these pr ebent s may or shall concern to make them observe and comply with same to the fu].l force and extent of the law as if it were a sentence given, pronounced, and agreed to in a case that had been tried in eourt by a competent judge. They renounce their own home and community, the law of Si cumbenerit de yurisdi$ione omnium Yu^, the general laws, and the others in their favor and defense; and to this end, they vouch for one another and promise to be responsible for one another. and to comply with same without fail. They asked and begged me to interpose my royal and judicial authority, and I,, said judge, say that, In the name of His Majesty, I hereby interpose it insofar as I can and should according to law. Done before me and the attendant witnesses with whom I am acting according to law. Those who knew how to write their names aigned it with me, and for those wh. who did not.know how to write, one of the following witnesses and residents of this royal presidlo, all of whom were preserix, signed; - Lieu- tenent Don Ju Antonio de Amorin,,al.i'eres Felipe mupios de mo- - _..^... ' ra, and Ju de Afimijo. This i.s written on common paper because there is no stamped. paper as required by law. I certify.

19 64 S.i,ned: Joseph Cayetano de Vergara crubric, Joeph Gonsa'lez CRubrio3 Marcos Ruys CRUbric3 Manuel Antonio losoya CRubric3 ^ds es Sanches CRubric co Fran ant olio de napole a crubric3 Antonio de lun:a CRubric, Matheo Antonio de Ybarbu 6 //W3tness; Felipe muffos de mora Witness: crubrie 3 Juan.-de armi-jo CRubrie' Felipe bermu'des crubric3 Jose de Casttro. CRubr ia 3 At.. the request of those who did not know how to Write; Witnesa, Juan antonio de amori erubric'

20 65 witness; ca Cayetano_- micha crubria3 Pheiipe de - sirra erubriea Witness: A,nclree de- eepino ;. crubrie3 Joseph de Aooeta trubrie y.s. in E., January 24, 1?36, pp. 5-63

21 66 In the reyal presidio of Nuestra SeNora del Pilar de lo3s Adais, on the twentieth day of the month of April, one thousand seven hundred thirty-nine, before me, Don Prudenzio de 8robio Basterra, governor of this province of Thexas, acting as juez re^tor with attendant witnesraes, sinc3e there is no notary public or. royal notary here as prescribed by la^r, and.in the presence of the undersigued witnesses, there appeared in person Lieutenant Don JQseph Caiettano de Bergara, Alf6rez Don Joseph GonzAlez, Sergeant Manuel Anttonio Losoia, and,.the soldiers Pedro de Sierra, Juan Banchez Thobar, 'Mattheo Antt. de Ybaruo, Phelippe Bermudes, Miguel,Julian Flores, Atittonio s Gregorio Cardobes, Aadres Sanohes, Aguettin Sanchez, Domingo CO Chirino, Domingo deel Rio, 1)iego de Villafranca,- Fran. Lu^.s co eq de la Zerda,. Fernando data Zerda, Fran. de Thorr.es, F ran.. co n n Auttonio de Napoles, Fran. do S. Miiguel, Ygnacio de S. Migue^, Ygnaoio G6mez, Ygnacio Hernandez, Juan Santtos de Thorres, Joseph A,nttonio Lazcano, Juan Aattonio de Luna, Juan Joseph...Mar quez, Joseph de Castro.. Juan de Thorres, Juan de los Reies, Joseph de Arias, Joseph de Acostta, Joseph Miguel Ramos, Jua'a ta co Benito de los Reies, Juan Joseph de S. oruz, Joseph Fran. de Villarreal., Joseph de Trexo, Joeeph Miguel Dominguez, Juan 41 de. "kadilla, Juan Games, Joseph Diego Ramon, Lucas Floree., L.a 1 zaro YbaZez, Man. Luis de los reyes, Manuel'de Arimbul.a, Ma- 6v nuel 5a.lbador de los Pozos, //Miguel Corttes,. Manuel Chirino, Miguel del Rf o, Marcos Marflz, Marcos Rufz, Miguel Tan.guma,

22 Nicolas Flores, Phelipe de Sierra, Pedro Granados, Salbador de Esparza, Santtiago de Bega, 5ebastian amacho, Xpttobal del Rf, XDttobal de Santtiago, and XptSbal Aodriguea, officers and soldiers of the garrison of this royal presidio, all of whom I certify that I know; and they said thaat they unanimously and by common. consent, jointly.. arid aeverally, do grant and give by these presents such pwer as may be.necessary and required by law to Don Domingo de Gemendio, a reaident and merchant of Mexico City, appointed as paymaster by said officers and soldiers so that in their name and repre<eenting -their own pereons, rights, and acts he m,ay and shall appear, for this present.year of one thousand seven hundredy... _. ' -....i' :... v'.. ':.- ::_.- thirty-nine, for each one individually.and for all of them, before the Most Illustrious and Most Exce],lent,Ar chbiehop and Viceroy of this New Spain to ask f or the Warrants necessary for the collection of their salaries of four hundred twenty pesos which His Majesty has assigned to each one, plus sixty-five pesas to cover additional pay to, wh^.eh the the lieutenent,/alf rez, and/sergeant are entitled, all of Whic3h amounts to twenty-five thousand two hundred sixty-five pesos, and three hundred sixty pounds of powder, representihg the six pounds which His Majesty likewise gives to each of the sixty signers every year. The same Is to be issued by the Raya1. Treasury in Mexico City, where the royal official Judges, in view of said warrant from the most Illustrious and

23 68 Most Excellent 1rchbishop and Viceroy, will deliver -2n cash, to the- satisfactio'n of the afore:-cited signers, and in their name, to the above-mentioned paymaster and agent, Don Domingo de Gom.endio, or to whoever may represent them, the aforesaid sum and quantity of powder. Such amounts as the said agent may collect and receive shall be adminietered on account as credit and debit by said Governor Don Prudenzio de Orobio Basterra Who will have same at- his' command and order for distribution in compliance with his memoria3,s and diepatches. The tigners xill. consider themselves now and forevermore satisfied with such amounts of the afore-$tated sum and quantity of powder as said agent may recel,ve. The latter shall. is sue the receipts and quittances necessary for the collection of same plus affidavits that he has received same or the renunciation of the laws.connected therewith; he shall present before F3is.Excellency the necessary memorials and documents. The signers do hereby give and ',g,rant to said Don Domingo Gomendio the present power of attorney with full authority and power to appoint one, two, three, or more substitutes; the latter may appoint as many more as may be 1 7 necessary, without //any.restriction whatever, for they do hereby empower and authorize each and every one of them to institute legal proceedings and swear to oaths whenever necessary and to attend to any proceedings and negotiations which may or shall arise in connection herewith. For the execution

24 69 of the foregaing they hereby bind their per$ons and present and future assets; they authorize His Majesty's justices and judges, whom these presents may and shall concern, to make them observe and comply with same to the full force and ex-o t.ent of the law, -by summary praceedings, as if it were a sentence given, pronounced and agreed to in a case that had been tried in court by a competent judge. They r.enounce. their own home and-community, the law of Sicumbenerit de Yu-.. riadiott3.one Omniun Yu^, the general laws, and the others in their favor and defense;.. and to that effect they vouch for one another,. promise to be responsible for one another, and to comply with same without fail. They asked and begged me to int,erpose my roya,l. and judicis,l authority, and I, said governor, in the name of His Majesty, do hereby interpose It insofar as I can and should according to law. Done before me with the attendant witnesseswith whom I sm acting accordiag to law. Those.who knew how to write their names signed it with tme; and for those who did not know -how to write, one of the following witnesses and residents of this said presidio, all of whom were present, signed; Don Juan Auttonio Apnorin, Don Phelipe MuPioz de 9ora, and Dozi AAddres de Espino This is written on the present common paper because there is no stamped paper as provided by law. I certify. Signed;

25 7! Joseph Cayetano d.e Vergara CRubric y Joseph Gcansilez CRubric 3 Manuel Antonio losoya CRubric Feliphe bermdde$ rrubric, Marcos Ruys crubric 3 Matheo Antonio de ybarbu crubri,c 3 Phelipe de sirra crubric3 Andres 5anches CRubric 3 Joseph de Acosta crubric 3 Joseph de Casttro CRubrie3 Nicol.a's FloreB erubric y Joseph. Anttonio L,ascano LRubric3 7v oa //Fran antonio de na.poles &Rubric3 Ju antoaio de luna CRubric 3 At the request of those who did not know how, o write

26 71 their names: Witness: Juan antonio de amorin rrubric 3 Done before me, acting as uez reo2rtort prudencio de Orobio Bazterra CRUbrie3 Witness: Witnes s; co 1 Fran. Lopez de Lara Man Ramfrez de la Piszias;,RUbric' CRubric3 CD. S. In E., January 24, 1738,.Pp. 6-7v3

27 72 In the roysl presidio of Nuestra Seiiora del Pilar de los Adais, on the eighth day of the month of July, one thousand seven hundred forty, before me, Don Frudensio de rovio Bazterra, governor of this province of Thexas, acting as uez reoeptor with attendant witnesses, because there is no notary public' oz royal notaryy, as provided by law, and in the presence of the witnesses hereinafter mentioned, there appeared in person Lieutenant Don Joseph Caletano de Vergara, 'A.l.ferez 1 Q..$.4._._ ^.' Don Joseph Gonzil.es, Sergeant Man. Antt. de Losoya, //and the Boldiers Pedro de Slerra, Ju. Sinchez Thovar, Matheo Antonio. do Ybsrbu, Miguel Julfar^ Flores, ^lritt. Gre;^orio Cordoves, ^- dres Sanchez, Agustfn Sanchez, Domingo Chftino, Dom3.mgo del ' co dc Rfo, Diego de Villafranca, Fran. Lufz de la 2erda, Fern. do co co la Zerda, Fran. AAtt. de Napolesf " Fx ari. de Thorres, Y,gnasio de San Miguel, Fran^ do S. Miguel, Y&nacio amez, Ygnacio o. Hernandez,,Tuan Santos de Thorres, Joseph Antt. Lascano, Jn. - c Antt. de Luna,. Ju. Jph Marquez, Joseph de Castra, Ju. de Tho- 1. rres, Jul de lon Beies, Joaeph do APias, Joseph Mig. Ramos, ta Co' Ju. Benito de los Reies, Ju. Jph de S. Cruz, Jph E'ran. de 1 b` Villarreal, Jph de Trejo, Joseph, mig. Dominguez, Ju, de Padim lla, Ju. Gamez, Jph Diego AamSe, Lucas Flores, Lazaro YbaETes, Man. Lulz de los 'Reiee, Man. de Arambula, Man. Salvador de 1 1 los Pozos, Mig. Cortes, Man. Chirino, Miguel del Rio, Marcos de Sierra, Martinez, Mercos xufz, Joseph Herndz., Bernardo Leal, Phelipe/ Pedro /Grenados, Saluador de Esparza, Santiago de Vega, Sebastiaan

28 73 Camacho, X$toval. de Santiago, XptQval Rodriguez, Joseph de Ac.osta, Nicolms Jesu's de los Reies, "-and Phelipe Sanchez, officers and soidiers of the garrison of this roysl presidio, all of whom I certify that I know, and they said that they unanimously and by common consent, Jointly and severally, do by these presents grant and give such power as may be neoessary and. required by law to Don Domingo de Gomendio, a resident and merchant of Mexico City, appointed as p^iy,ymaster by said officers and soldiers so that in their name, and representing,their own persons, rights, and acts, for this present year of one thousand seven hundred forty, he may and shall appeer,. for, each one individually and for all of them, before the Most. Ill.ustrious and gos.t Excellent Archbishop and Viceroy of this New Opain to ask for the warrants necessary for the collection of their salaries of four hundred twenty pesos which His Majesty has assigned for each, plus sixtyfive pesos to cover the additional amounts to which the the the lieutenant,/alf6rez, and/sergeant are entitled, all of which amounts to. twenty-five thousand two hundred sixty-five pesos, d three hundred sixty pounds of powder, representing the six pounds which His Majesty likewise gives to each of the sixty eigners every year. The same is to be issued by the Royal Treasury In Mexico City, where the roya7,, official judges, in view of said warrant from,the Most Illustri.,ous and Most Excellent Archbishop, and Viceroy, will deliver in

29 74 cash, to the satisfaction of the above-cited signers, and in their name, to the aforesaid paymaster and agent, Don Domingo de. Gomendio, or to whoever may represent them the aboveas mentioned sum and quantity of powder. Such amounts/may be received and collected in the above-mentioned manner shall be administered on account as credit andjdebit by said Governor Don.Prudensiode Orovio Bazterra who will have same a't his command and order:for distribution, in conformity with his memorials and dispatches. The signers will consider themselves now and forevermore satisfied with such sums and amounts as the said agent may receive. The latter shall issue the receipts and quittances necessary for the collection thereof plus affidavits. that he has received same or the renunciation of the laws connected therewith; he shall present before His Excellency the necessary memorials and documents, 8v for, to that end and for every incidental//question arising therefrom or pertaining thereto, the signers give.and grant to said Don Domingo de Gomendio the present power of attorney with full authority and power to appoint one, two, three, or more substitutes; and the latter may appoint as many more as may be necessary, without any restriction whatever, for the signers do hereby.etnpower and authorize each and every one of them to attend to any and all proceedings and negotiations which may or shall arise in connection herewith; also-. to institute legal proceedings and to swear to oaths whenever necessarry. For the execution of the foregoing, they hereby

30 75 bind their person and present and future assets; they authorize His Majesty's justices and judges whom these presents may and shall concern to makethem observe and comply with same to the full force and extent of the law, by summary proceedings, as.if it were a sentence given, pronounced and agreed to in a case that had been tried in court by a eompet ent judge. They renounce their own home and community, the 11 law of..._. at cum ^ venerit.. de Yurisdictione omnium Yudicum, the ^.o-._ general laws, and the others in their favor snd. defense; and to that end they vouch for one.another, promise to be_responsible for one another,. and to' comply with same without fail. They asked and begged me to interpose my royal and judicial authority, and I, said governor, in the name of His Maj esty, do hereby interpose it, insofar as I can and should accor d ing to law. Done before me with the attend*nt witnesses with whom I am acting according to law. Those who knew how to write "their names signed it with me; and for those who did not know how to write, one of the following witnesses and residents of this said presidio, all of whom were present, si gned;. Don Phelipe Muno$ de Moraa, Don Ju. ;Antt. Morin, and Juan Faulino Marquez. This is written on the present common p aper because there is no stamped paper as provided by law. I certify. Joseph Cayetano de Vergar a Joseph Gonsalez CRubrie 3 srubric 3

31 7s Manuel Antonio losoya crubric 3 Matheo Antonio de Ybaz bu crubric3 Marcos 13uys trubrioj Joseph Anttonio Lasca.no crubric, phe2ipe de sirra 6Rubric, co Fran antofib de na.poles CRubric3, Joseph de Acosta CRubriej Andres Sanches erubric3 9 //Jose de Casttro ^Ru'tric 3 At the request of those who did not know how to write their names:. Witness: n Ja paulino marques CRubric3 Done before me, acting as` Eez receptor: prudencio de probio. Hazterra 6Rubric3, WitAess: Witness: eo-. n an. L6pez de Lara Man. Ramfrez de- la Piszina CRubrie 3 erubr ic 3. S. in E., Januery 24, 1738, pp?v..-9 3

32 77 In the royal presidio of nuestra. SeYlora del Pilar de los Adays, on the tenth day of the month of June, one thousand -e seven hundred forty-one, before me, Don Thomas Ph. de Vvintuy sen, governor of this province of thexas, acting as juez receptor, with attendant witnesses, because there is no notary public nor royal notary as prescribed by law, and in the pre:sence of the witnesses hereinafter mentioned, there appeared 9v. in person Lieutenant Don Joseph Caietano de Vergara, //Alfe-, s rez Don Joseph Gonz., Sergeant Manuel Atltonio de Losoya, and the soldiers Matheo Antonio Ibarbo, Marcos Ruiz, Manuel Salvador de los Posos, Ignazio Gbmez, sjuan de Padilla, Joseph co n Arias, Juan de los Santos, deeeph Tadeo Ramos, Fran de S eo e Miguel, Fran. de la Zerda, 'Cregorio Antonio Cordoves, Ph. ta de Sierra, Joseph de S Cruz, Fernando de la Zerda., Xptbbal A de Santiago, Ju. Joseph MarqueZ, Lazaxro IbAi''tez, Joseph Antoco nio Lascano, Miguel del Rio, Joseph Fran:. Villarreal, Pedro co Granados, Marcos Martinez, Fran. de Napoles, Luca..s Flores, Joseph Miguel Dominguez, Julian Flores, Santiag'o.Bega, Miguel co Cortez, Agustin Sanehez, Saluador de Esparza, Fran. de thorres, Juan Sanchez tobar, Pedro de Sierra.. Juan de thorres, Manuel, I,uis de los Reyes, Domingo Chirino, Miguel Ramos, Diego de.t3 Yill.afranca, Igaazio de S. Miguel, Joseph de trejo, Ju. de Luna, Joseph. de Castro, Joseph Hernandez, Joseph Manuel Chirino, Andres Sanchez, Joseph de trejo, Simon de Aragon, Seuastian Camacho, Manuel de Aranbula, Joseph de Aco$ta, Juan

33 78 Benitez, Ignazio Hernandez, Domingo del Rio, X_Wbal del Rio, Diego Ramo^-n, 1Vicolas de Santa theresa, Juan demlos Reyes, officers and soldiers of the garrison of this royal presidio, all of whom I certify that I know; and they said that they, unanimously and by common consent, jointly and severally, do grant and give by these presents such power as may be necessary and. required by law to Don Diego Aritonio Giraud,. a resi-.dent and merchant of Mexico City, appointed as paymaster by said officers and soldiers so that in their name and representing their own persons, rights, and acts he may.and shall appear, for this present year of one thousand seven hundred forty-one, for each one individually and for all of them, 1 before the Most Excellent //Duke of the Conquest and Viceroy of this New-Spain to ask for the warrants. neeessary for mthe.. collection of their salaries of four hundred twenty pesos ^hich His Majesty has assigned to each one, plus sixty-five pesos to cover the additional pay to which the lieutenant, the the /al.fe'rez,.and/sergeant are entitled, all of which amounts to twenty-five thousand two hundred sixty-five pesos, and three hundred sixty pounds of powder, representing the six pounds which His Majesty likewise $ives to each of the sixty signers every year;. The same is to be issued by the Royal Treasury in Mexico City, where the royal official judges, in view of said warrant from the Most Excellent Viceroy, will deliver in cash, to the satisfa.c3tian of the above-mentioned signers,

34 79 and in their name, to the aforesaid paymaster and agent, Don Diego Antonio Giraud, or to whoever may represent them, the sum and amount of powder above-mentioned. Such amounts of same as may be collected and received in the foregoing manner shall be.administered on account as credit and debit by said e Governor Don Thomas Ph.. de Vvinthuysen who will have same at hi s command and order for distribution in conformity with his memorials and dispatches; and the signers will consider themselves now and forevermore satisfied with such sbm and amount of powder as said agent may receiye.. The latter shall issue the receipts and quittances necessary for the collection of aame, with affidavits that he has received, same or the renuncie.tion of the laws connected therewith; he shall present before His Excellency the necessary memoriais and documents, for, to that and and for every incidental question arising therefrom or pertaining thereto, the signers give and grant to said Don Diego Antonio Giraud _.the present power of attorney with full authority and power to appoint one, two, or three substitutes; and the latter may appoint. as many more as may be.neceseary, without any restrietion whatever, since lov the signers do hereby give // aad grant to each and every one of them the same power and authority to attend to any and all. proceedings and negotiations which may or shall arise in connectian herewith; as well as to institute legal proceediags and to swear to oaths whenever necessary. For the execution

35 8a of the foregoing, they hereby bind their per sons and present and future assets; they authorize His Majesty'sJustices and Judges whom these presents ma;y and shall concern to make them observe and comply with same to the full force and extent of the law, by summary proceedings, as if it were a sentence given, pronouneed, and agreed to in.a caee that had been tried in court by a competent judge. They renounce their own home and community, the law of si conbenerit de Juris-..._.^.^.._^ dictlone Omnium Judicun, the general laws, and the others in their favor and defense; and to that end they vouch for one another, promise to be responsible for one another and to comply with, same without fail. They asked and begged me to with the attendant witnesses with whom II am acting according interpose my royal.and judicial authority and I, said governor, in the name of His Majesty, do hereby interpose it,;in-,, sofar as I can and should according to law. Done before me to law. Those who knew how to write their names signed it with me, and for those who did not know' how to write, one of. the following witnesse.a and residents of this said` presidio, all of whom were present, signed: Don Seuastian de gpodaca, e Don Manuel de la Cosa, and-don Ph. mufiss de Mlora. This is wr5.tten on the present common paper because there was no stauaped paper as provided by law. I certify. Interlined: tadeo--valid Deleted; Joseph--Valid

36 81 InterliMed: de San--Valid Joseph eayetpno de Vergera trubri e, 3,1 //Manuel Ant losoya,rubric, Joseph Gonsalez. crubric3 Ju antcanio de luna ubriei Matheo Antonio de Ybarbu ERubric3 Joseph de caaftro crubrie3 Marc oa Ruyz CRubrlcs.. co an. antqyio de napoles. ERubricg Phelipe de sirra CRubric3 At the. request of those who did not know how to write their names: Witness:. Se,uaattian Apodaca,,Rubric 3 Done before me, acting as luez re, cep_ t r: n D Thomas Phelipe de Winthuysen rrubrie,3 Witness: Witness:.an 1 Seuastt. de Apodaca Man_ do La CoS>s, 6Rubric ^ &Rubric 3

37 82 Witness; Felipe mufsos de mora crubrio 3 ED.S.in E., January 24, 1738, pp

38 83. In the royal presidio of Nuestra Se^iora del Pilar de las Adays, on the twenty-seventh day of the month of January, one thousand seven hundred forty-two, before me Don Thomas Phelipe de Winthuysen, governor of this province of Tejas, acting as juez receptor, with attendant witnesses, because there is no notary public nor royal notary as prescribed by law, and in the presence of the witnesses hereinafter cited, there a.ppeared in person Lieutenant Don.Jph. Cayetano de Vergara, Al- 1 ferez Don Jph Gonzales, Sergeant Man Antonio Lossoya, and 1 or the soldiers Matheo Aitonio.Ybarbu, Marcos Ruyz, Man. Salv. de los Pozos, Ygnacio Gimez, Juan de Padilla, Jph de Arias, tos co n liv co Juan S. de Torres, Thadeo Ramos, fran de SMiguel //fran. la Zerda, Gregorio Antonio C.ordoves, Phelipe de Sierra, Juan t do n Jph de S Crus, fern de la Zerda, Christ6val de S tiago, Juan Jph Marques, Laazaro YbaPies, Jph. Antonio Lascano, Miguel co del.rfo, Jph. fran. Villareal, Pedro Granados, Marcos Uarco tfhes, fran de Napoles, Lucas flores, Jph Miguel Domingues, Migue]. Julien flores, Santiago de Vega, Miguel Cartes, A,gus- CO tfn Sanches; Salvador de Asparja, fran de torre$, Juan S^n-- chez thovar, Pedro de sierra, Juan de torres, Manuel Luys dc lqs Reyes, Domingo Chirino, Jph. Miguel Ramos, Diego de Villan o franca, Ygnacio de amiguel, Jph de trejo, Ju. Ant de Luna, Jph de Castre, Jph Hiernandez, Manuel Chirino,,Andres Sanchez, Jph Raphael de trejo, Simon de Aragon, Sebaatian Camacho, Ma- nuel de A;ra mbula, JpJ3 de Acosta, Ju Benito de los Reyes,

39 84 Ygnac3o hernandez, Domingo del Rio, Christoval del Rfo, Jph Diego Ramon, Nicolos Jesus de los Reyes, Juen de los Reyes, officers and soldiers of the garrison of this royal presidio, all of whom I certify that I know, and they said. that they, unanimously and by common consent, jointly and severally, do grant and give by these presents such power. as may be necesse,ry and r,equired by law, to Don Diego Antonio eriraud, a resident and merchant of Mexico City, appointed as paymaster by said officers and soldiers so that in their name and representing their own person, rights, and acts, he may and shall appear for each one individually and. for all of them, before the Honorable Dr. Don Pedro Malo cie Villavicensio, captain general of this New Spain, to ask for the warrants necessary for the collection of their salaries of four hundred twenty pesos which His Majesty has assigned to each, plus sixty-five pesos to cover the additional pay, to which the lieutenant, the the a1.f^erez, and/sergeant are en-titled, all of which amounts to twenty-five thousand two hundred sixty.-five pesos, and three hundred sixty pounds of powder, representing the six pounds which His Majesty likewise gives to each of the sixty sigriers every year, which sum and amount of powder correspond to the pay to which they are entitled for the year just past of one thoussnd seven hundred forty-one and are to be issued by the Royal Treasury in Mexico City, where the royal official judges, in view of said warrant from said honorable captain general,

40 85 will deliver in cash, to the satisfaction of the abovementione ^^i,^ner^a, and in their name, to the aforesaid pa,ymaster //and agent, Don Diego tntonio Giraud, or to whoever may represent them, the above-mentioned sun axid powder. Such amounts as the said agent may collect and receive shall be administered on acc3ount, as credit and debit by said Governor Don Thomas Phelipe de Winthuysen who will have'same at his command. and order for distribution in conformity with his memorials and dispatches; in which manner, the signers will consider themselves now and forevermore satisfied with such sum and amount of powder as sai4 agent may receive. The latter shall issue the receipts and quittances necessary for the collection of, same, with affidavits that he has received same or the renunciation of the laws connected therewith;. he shall present before His Lordship the necessary memorials and.documents, for, to that end and for every incidental question arising therefrom or pertaining thereto, the sia.^. ers give and grant to said Don Diego Antonio Giraud the present power of attorney with full authority and power to appoint one, two, or three sub$titutes. The latter may appoint as many more as may be necessary, without any retricti on whatever, since the signers do hereby give and grant to each and every one of them the same power and authority to attend to any and all_proeeedings and negotiations which may or shall arise in connection herewith; as well as to institute

41 86 legal proceedings and to swear to oaths whenever necessary. For the execution of the foregoing, they hereby bind their persons and present and future a.ssets;, they authorize His Majesty o sjustices and judges whom these presents may and shall concern to make them observe and comply with same to the full force and extent of the law, by summary proceedings, as if it were a sentence given, pronounced, and agreed to in a case that had been tried in court by, a competent judge. They - renounc e their own home and community, the law of By Comvenerit de jurisdictione omnium udicum, the general laws, and the others in their favor and defense; and.to that end they vouch for one another, promise to be responsible for one another and to comply with same without fail.. They asked and begged me to interpose my royal and judicial authority and I. said. governor, in the name of His Majesty, do hereby interpose it, insofar as I can and should accord ingto law. Done before me with the attendant witnesses with whom I sm acting according to law. Those who knew how to write their names.signed it with we, and for those who did not know how to write, one of the following witnesses and residents of this said presidio, all of whom were pres- 12v ent, sigried; Don Geronimo Ramon, Don Joseph //Mar1 a Contti, and Don Manuel de la Cossay This is written on the present common paper because there is no stamped paper as provided by law. I certify..

42 87 Joseph Cayetano de Vergara rrubria3 Jose de Casttro Rubr ic 3 Joseph Gonsalez crubrlc 3 Juantonio de lu.na rrubr i a no Manuel Ant. losoya crubric' Matheo Atatouio de Yberbo crubrie3 Marcos Ruyz CRubric3 Phelipe de sirra. CRtabric 3 Andrez 5anches crubric3 S. in E., Janua7ry 24, 1738, pp v,