In the Villa of S,a.,n Fernr-an,do de. rhu.ndr,ed and sixty-two, the writ of the fol=lowi,ng import,

Transcription

1 Cllross, In the Villa of S,a.,n Fernr-an,do de Vejar' on the sixteenth day of the month of Au,:gu,st of the year one thousand seven Corrected (Rubric) rhu.ndr,ed and sixty-two, the writ of the fol=lowi,ng import, by reason of its contents, was presented before me, D,o,n 4ngre,l de Martos y Nauarrete, Lieurtena,nt Colonre,l of the Rroya,l Armi,es, Grovern,or and Gapt.ai,n Grene,ral of this Provrinc,e of Thejas' New Philippines, its Pres,:idi,os, Conversions and Frontiers, with the military command of Panzacola and Coaguila and with the assristanc,e of the New Kingdom of Leon by His Majrest,y, may God prrotec,t him: Scep.,.or Govrern,or and Captrai,n G.ene,ral: We' the group of citizens who here appear signed, appear before Y^our, I.rrordshi,p in the most competent manner to be found within the law and state that about the year of fortyfive the former Very Excelle,nt ^e?.or Viceroy of this New Sp ra, in was pleased to issue a s??p reri, or dispatch in virtue of an opinion of the ^.et,_qr Auditor Grene,ral of War (active)9 according to which the governor of this provrinc,e was to act. Among the points and clauses which said supreri,or dispatch contains is one rproviding, that said govrern,or examine (visually) the lands and waters

2 which might be had from this river and spring of San Pedro. Once they had all been examined, they were to be awarded to citrize,ns lacking land,. The supreri;or dispatch was delivered to YCour, L,ord-.shi,p's predecessor Dro,n Jasrin,to Barrios. Not known are the motives or particular ends which assisted him in not carrying out the cited sup,:eri,or dispatch.l thus opposing the will of Hris, M,ajesty, and the supreri,or com^^land' and leaving us totally helpless, deprived of the benefit of being able to advance and cultivate the lands not only for the enlrargem.e;nt of the population but also for our comfort (a point which might arouse doubt in the suprcri,or mind lv were the fact not so obvious and bublicly we11-know-n). //It can only be presumed that said sup,eri,or dispatch must not have been carried out because it contained within itself other points of a different nature which, infallibly, necessitated prompt remedy for the gr.ene,ral preservatri,on of everyone (,points, we shall o-mit for now but will deduce in case it should be necessary). Inasmuch as Yrour, Lrordshi,p is engaged in his g.ene,ral Visitaj with the authority to distribute lands and waters to the inhabit,ant,s: and cit.ize,ns of this government, and is mindful of all the circumstances and requirements which would lead to the fulfillment, in every way, of that which His M,ajesty, again so recommends concerning the extensci,on of

3 the dominions, the enl.ar e:.^e,nt of the settlemenrt,s and their protection for the purpose of checking and resisting the arrogance and the assaults of the enemy barbarians, the great grace of Yrou,r Lrordshi,p will be pleased to order, because of that has been affirmed, that the supreri,or dis- Datch be fulfilled, observed and executed, being pleased to keep in mind that the cited sup.eri,or order provides that the Grovern,or9 himself or through intell.igent and disinterested persons, make an inspection9 examination and appraisal of the possible cost of the withdrawal or withdrawals of water which may be conven,ie,nt to effect or undertak_e. Once everything has been done and following this9 Yrour, Lrordshi,p will be pleased to procede to such division and awarding as Y,our, Lrordshi,p should find conven,,ie,nt, ordering that all the original instrumre,nts be given to us, not only for protecting our rights but also for purposes advanta^;eous to us, our primary goal being directed (only) toward serving His Majrest,y as loyal subjects. Therefore, we ask and entreat Yrour, L,ordsh,ip to admit this, our just request, and in view of it order done, provide and determine as we have requested, keeping in mind that it is a service to the two lraj.esti,es and to the public good. We ask and entreat, that it be accented on the ^resre,n_t common papre,r for lack of stamped and because it is a land

4 of war. We swear we do not act in malice and to what is 2 //necessary, etc. At the request of Geronimo Florre,s: Fran.cis,co de Estrada J,ose,ph Ant,oni,o de Estrada At the request of Pedro FlorCe,s. I signed for him because he did not know how to sign: Franrcis,co de Estrada Jrose,ph Antroni,o de Estrada Joaqrui,n Menchaca Andres de Sosa Pedro Florre,s At the request of my son Salbador de la Garsa: Santiago de la Massa At the request of Charo, since he does not know how to sign: Ant,oni,o Maria de la Garsa At the request of Bernardo J,oseph Martin: Juan Yg,naci,o Martin,e, s At the request of Christobal Peres: Nicolas Jr-ose,ph de Villa Fuerte Jrose,ph Felis Menchaca Juan JCose,ph de 11ontes de Oca Andres Ramon C. 1-2 in E.

5 0 Having seen the instrument,' I accepted it as having been Dre sented and admitted on the present papre, r for the reaso,n,s expressed. I should command and do command that I, said G,overn,or9 accompanie,d by all of the community and neighborhood, make an inspection of the mentioned withdrawal of water from the Sra,n Ant,oni,o River, of the lands which said water might irrigate and of the distribution of the fields. Thus I provided; ordered and signed, act?,ng as rece toria in my own presence with att,:estin, gwitn.ess, es for lack of a norta,ry. In witness whereof I certify: Dro,n Angr-e,l de Martos y Nauarrete Franrcis,co Anttoni,o Soliz Bernrar,d.o de Miranda C. 2 in E.

6 In the Villa of San F'ernan,do' on the seventeenth day of said month and year, I, said Grovern,or and Gapt.ai,n G.ene,ral, in fulfillrme,nt of that ordered by me in the preceding decree, went to the site and place where this Sra,n Ant,oni,o River offers the most abundant supply for the, withdrawal of water9 accompcanie,d by the cabildo, judiciary and adminristrati,.on of this villa and the grreat,er part of the commuhity. This withdrawal site is north of this villa, is more than a league distant and has appreciable ramounts, of level, cereal-growing land all around it. In order that everything should be done with suitable 0 formality and inasmuch as I am informed that Geronimo Florre,s, 2v a citizen of this expressed //villa7 is skillful in withdrawing water, I should have named him and did name him to measure the lands which said withdrawal might irrigate 7 rmeasure, the fixed distance between the last house of this villa and the withdra^.tal site' r-measure, the lands which might be cultivated7 restimate, the difficulties which present themselves concerning the dam and canal and resti?nate, what everything would cost. But before all these things, an oath shall be administered to him in the prescribed manner, so that he may carry out the office of land surveyor faithfully and legally. Thus I provided, ordered and signed according to law. I certify.

7 33 Dco,n Angce,l de Martos y Nauarrete Franrcis,co Antconi,o Soliz Bernardo de Iii randa cc. 2-2v in E.

8 34 Immediately thereafter I, said Gov,ern,or, in consequence of that ordered in the preceding writ, had Geronimo Florre,s appear before me and to his self-same person read and made known said writ. Once he understood it, he said that he would accept and did accept the appoin.trme,nt of land surveyor, and swore in the name of God' Our Lro,rd^ and a sign of the cross that.he would fulfill said office faithfully and legally, without deceit, fraud or falsehood, but with all his loyal knowledge and understanding insofar as he is commanded by me9 said Gov^ern,or' in the expressed writ. He did not sign because he said he did not know how. said Gov,ern,or, signed it with those ass,istin,g me, with whom I act according to law. I certify: B,o,n Angel de I`Aartos y Nauarrete Franecis,co Antroni,o Soliz Bern,ar,do de Miranda C. 2v in B. 0

9 05 In the Villa of Sra,n Fernran,do' on the twentieth day of the month of Av. gu,st of said rsic, y.earl before me9 said Govrern,or and Capt.ai,n Grene,ral, in view of the oath taken by Geronimo Flore,s and since he had not given complete fulfill.?ne,nt to that ordered by me, he said that having measured the rnumber of, varas between the house of Luis 3 Charo and the place where the //water is to be taken from the Sra,n Antr-oni,o River9 he had measured a distance of five thousand eight hundred and fifty-three varas, following a fixed northerly route. There is no difficulty otjqer than the short obstacle which presents itself to the canal of one hundred and fifty vrara,s across the brow of the hill which is called Zoma, de la Vieja, for, although the canal can be built in another place, if it is to irrigate all the way it is unavoidable that it come across the rr^entioned Loma de la Vie j a on account of the very large ra?nount, of land it would irrigate, for it would pass through five thousand vrara,s of irrigable land9 of which the best to be found for the purpose of planting is that which rests between the Arroyo of Sra,n P,edr,o and the Sr_a,n Anteoni,o River. He examined the width of the S.a,n Antroni,o River at the same place where the water is to be withdrawn; he did not weigh the volume of water because it is constant and even though the river, should be settled from its source to its outlet to the sea it would have more than enough water, for everyone. He only measured

10 6 its width and found he would need a dam of thirty-five vr-ara,s, twenty-five of them, two and three-quarters v,ara,s in heighth and the rremaining, fifteen of one and one-half varas, for, although the river narrows in this place and is not more than twenty-five e'varas, in width, the land on the opposite side of the withdrawal site is lower and an additional fifteen v,ara,s of dam9 made of lime and stone, are needed on dry land. The cost of the dam and canal will not be less than three thousand resos of Ay2Ld_a de costa, even with the assistance of the personal labor of the community. He also presents the fact, that by making use of this same withdrawal of water for the benefit of all the solares and cultivated fields of this villa and of the one now being used from the Arroyo. de S,a,n Predr,ol with r-yet, another new canal he can offer accomodations not only for a small population such as this but also for a 3v large city. However, in case this should be desired, //a new ayuda de costa would become necessary, as would be the conveying of families, with certainty, in from outside for an increased population. He stated this in order to discharge his oath of office. He did not sign because he said he did not know how. I, said GovCern,or, signed it with those assistih,,g me,

11 37 according to law. I certify: D,o,n.Angre,l de Martos y Nauarrete Fran,cis,co Ant,oni,o Soliz Berncar,do de Miranda,C. 2v-3v in L.

12 38 In said villa. said day, month and year, I, said Govrern,or and Gapt.ain Grene,ral) in virtue of that produced in these nroce edin, gs should command and do command that as soon as a testimonio has been made of everything, this original rinstrument, be filed with the judicial writs pertaining to my Gene,ral Vissita, all of which are to be remitted to the Ve,ry Excelle,nt SLetor Viceroy of this New Sp,a,-n along with a report concerning the intent. Thus I decreed and signed with th.ose assristin,g me, with whom I act according to custom. I certify: D,o,n Angre,l de Martos y Nauarrete Franrcis,co Ant,oni,o Soliz Bern,ar,do de Miranda C. 3v in E.

13 Agrees with its original, from which I, DCo3n Ang,:e,l de Martos y Nauarrete, Govern,or and Gapt.ai,n Grene,ral, had it taken. It is certain, true, corrected and adjusted. Those present to oversee the transcription were Dro,n Andres Ramon, D.o,n Martin Flor,:es and. DCo,n Juan Jrose,ph Montes de t7ca9 citrize,ns of this said villa, where it is done on the second day of the month of v,:eptem,ber of the year one thousand sevr-en hundr,ed and sixty-two, acting in my ovan presence with attrestin,g 6=ritnress,es for lack of a notr_a,ry purbl,ic or Royal and on this common papre,r for lack of the stamped. I certify all: n D. Angel de Martos y Navarrete (Rubric) co 0 Fran. Ant. Soliz Wi tne s s : do Bern. de Miranda (Rubric) (Rubric) r_ds 3v in E.