[Cross] In the Royal Presidio of San Augustin de Ahumada on the. thirty-first day of the month of December of the year one

Transcription

1 45 [Cross] Power of Attorney of Orcoquiza 1761 In the Royal Presidio of San Augustin de Ahumada on the thirty-first day of the month of December of the year one thousand seven hundred and sixty-one, before me and by me, Don Angel de Martos y Na.varrete, Lieutenant Colonel of the Royal Armies of His Majesty, Governor and Captain General of this Province of Texas, New Philippines, its presidios, conquests and frontiers by the King Our Lord (May God protect Him) and before the attesting witnesses with whom I act as receiving judge in lieu of Public or Royal Notaries which we do not have in this province as required by law, there appeared in person the Lieutenant Commandant Don Domingo del Rio, the Sergeant Christobal de Cordova,_ Joaquin del Rio, Matthias del Rio, Lucas Flores, Manuel Flores, Ygnacio del Razo, Marcos Hernandez, Miguel Ramos, Francisco Ramos, Juan Joseph Quiroz y Valdez, Joaquin Venites, Manuel Delgado, Juan Antonio Flores, Joseph Joaquin de Estrada, Christobal Perez, Simon de Aragon, Manuel de la Cruz, Domingo Diego de Acosta, Manuel de Acosta, Joseph de Lara, Carlos Grande, Manuel Mendez, Joseph Ponciano Trejo, Francisco Losoya, Francisco Antonio Guerrero, Joseph Candido de San Miguel,

2 46 Manuel de Alcala, Manuel de Viliafranco, Juan de Arambula, Juan Joseph de Cordova, all officers and enlisted men of the garrison of this presidio whom I certify.to know. They were all unanimous and in common agreement collectively and individually and did declare of their own free will jointly and severally: We agree by these presents to grant in due form such arr^ple powers as may be neaessary and required by law to Don Manuel de Cozuela citizen and merchant of the City of Mexico and paymaster appointed by myself and the above named officers and enlisted men to the effect that in our I names and as representative of our very persons, rights, and actions whether Royal or per-sonal, direct or executive he may and shall appear for each one individually and for all collectively before the Most Excellent Sen.or Marques de Cruillas, Viceroy, Governor and Captain General of this New Spain or before such as may succeed him and solicit the warrants necessary for the collection of the salaries of four hundred twenty pesos which His Majesty has assigned annually to each man with an additional bonus of forty-five lv pesos for the Lieutenant //and the Sergeant. The sum total of thirteen thousand sixty-five pesos.are to be issued by the Royal Treasury of the aforenamed City of Mexico where, in our names, upon receipt of His Excellency's warrant, the of-

3 47 ficial Royal judges shall deliver the cash amount due the above listed grantors to the above named paymaster and attorney Don Manuel de Cozuela or his representative. From whatever is credited or collected of the above stated quantity an account of debits and credits shall be administered by myself, the present Governor, Don Angel de Martos y Navarrete who will have it in his power to make disposition and distribution as he may see fit in keering with his memorandums.9 dispatches and instructions, the grantors declarin ; themselves to be in agreement thereto now and forever. For the sums which the above authorized attorney shall receive he shall grant the receipts and quittances necessary for their collection as well as affidavits to the,effect that he has received same or make the necessary renunciation of rights in order when affidavits have not been made in the presence of a notary. He shall present before His Excellency all such memorials and documents as may be relevant to litigations, causes and affairs whether civil or criminal which may arise presently or in the future with any party that may appear eith.er.a.s plaintiff or defendant. He shall appear before the ai'orenamed Most Excellent Sehor, the Royal Audiencia, and such other higher or lower tribunals, ecclesiastical or secular justices as

4 48 may conven.e and wherever suits may be filed. He may answer adversaries by confirmation or opposition, make claims, demands, citations, complaints or accusations' and challenges. He shall give oath for sale or auction of property which he may acquire and defend, retain and protect same. He shall provide witnesses, documents, instruments, affidavi&s, certifications, and other papers and sureties. He shall satisfy, deny or contest any adverse civil or criminal cause as he sees fit. He shall hear decrees and judgments interlocutory and definitive, consent to that which is favorable, oppose and appeal that which is prejudicial and proceed at will in all in- 2 stances. He shall obtain writs, Royal pro//visions, judicial ordinances and other necessary orders and present these wherever expedient to solicit their obedience and fulfilment. For the foregoihg purposes and such others as may be annexed, incident or dependent thereon we do grant the present power of attorney with full authority to appoint one, two, three, or more substitutes and to authorize the latter to appoint as many as may be necessary without limitations for we do grant relief to all in proper form either to enter suits or take oath in all cases. To the full efficacy of the above instrument we do obligate our persons and properties immediate and

5 49 future and do bind and submit our persons to the jurisdiction of such of His Majesty's Magistrates as may and shall be interested in these proceedings to the end that they may compel and demand our obedience as though a legal judgment had been passed in a court tried by a competent judge. We do renounce our rights of domicile and I community and any other obtainable rights along with the law si conveneeit de jurisditione o=ium iudicum and the general exemptions provided by law. In witness whereof we do grant this power of.attorney and affix our signature with those of the aforenamed Governor. The signatures of those who did not know how to write were added at their request by Sergeant Christobal de Cordova in the presence of Joseph de Castro, Augustin Rodriguez and Andres del Valle, soldiers of the Adaes. It is written with my attesting witnesses in the present common paper because there is no paper.with stamps in this Province. To which I certify. Don Angel de Martos y Navarrete Domingo del Rio Christobal de Cordova

6 50 Joaquin del Rio Francisco Antonio Guerrero ' Carlos Grande For those who do not write or are absent: Christobal de Crodova [D.S.--ms 3pp--tP 6PPj

7 51 [Crossl No. 152 Power of Attorney of the Adaes Year of 1761 In the Royal Presidio of Nuestra Senora del Pilar de los Adaes on the thirty-first day of the month of December of the year one thousand seven hundred and sixty-one before me, Don Angel de Martos y Navarrete, Lieutenant Colonel of the Royal Armies of His Majesty, Governor and Captain General of this Province of Texas, New Philippines, its Presidios, Conversions and Frontiers by the King Our Lord I (May God Protect Him) and before the attesting witnesses with which I act as Receiving Justice in the absence of Notaries Public or Royal of which there are none within the limits of this jurisdiction, there appeared presently and personally the Lieutenant Marcos Ruiz, Warrant Officer Don Pedro de Sierra, Sergeant Domingo Chirinos, Juan de Torres, Joseph de Castro, Pedro Granados9/ Antonio.Gallardo, Joseph Ydalgo, Antonio Cadena, Joaquin Cadena, Joaquin V Ruiz, Joseph Feliz Ruiz, Melchor Benites, Sebastian Camacho, Bernardo Ramires, Francisco Ramires, Thadeo Ramos, Joseph Antonio Pena, Manuel Berban, Matthias Sanches, Miguel del Rio' Santos de la Garza, Joseph de la Garza, Juan Joseph V Pacheco, Bartholo de Sierra, Melchior Morin, Antonio Villareal, Pedro Pozos, Ygnasio Navarro, Miguel Losoya,

8 52 Christobal Vallejo, Patricio Padilla, Victor Mansolo, V, Joaquin Mansolo, Fecundo Mansolo, Francisco de Torres, Ambrosio Basquez7 Joseph Miguel Trevifio, Joseph Valentin, Ygna.cio de Aro, Xavier Calahorra, Augustin Rodriguez, Juan Antonio Ybarbo' Joseph Maria Rodriguez, Thoribio de la Fuente, Juan -Benites de los Reyez/ Domingo Garcia, Joseph de Santa Cruz,, Felis de los Reyes, Joseph Luis de los Rios, Ygnacio Montes, Francisco de la Zerda, Gaspar Rios, Joseph Zepeda' Lorenzo Poros, Gil Morain, Joseph Antonio Guerra, Miguel de la Zerda, Joseph Miguel Gomez, Francisco de Santa Cruz, all officers and enlisted men of the garrison of this Royal Presidio whom I certify to kmow. These were unanimous and in joint agreement and did collectively and individually declare as one body: We agree by these presents to confer according to form:all lv such ample legal powers //as are or may be of expedience or necessity to Don Manuel de Cozuela, citizen and merchant of the City of Mexicot the paymaster appointed by myself and the above listed officers and enlisted men to enable him in our names and as representative of our very persons, rights., and actions whether Royal or personal, direct or executive, to appear for each one individually or all collectively before the Most Excellent Senor Marques

9 53 de Cruillas, Viceroy, Governor and Captain General of this New Spain or before whomever may.succeed him and solicit the warrants necessary for the collection of the salaries of four hundred and twenty pesos per man which is the amount which His Majesty has assigned to each annually plus an additional bonus of sixty-five pesos for the lieutenant the Warrant Officer and the Sergeant making.a total sum of twenty five thousand two hundred and sixty-five pesos. This amount is to be paid by the Royal Treasury of the said City of Mexico where their Lordships, the Royal Official Judges thereof upon presentation of His Excellency's Warrants shall make a cash payment in favor of the abovelisted grantors and in their names to the appointed pay master and attorney' Don Manuel de Cozuela or his representative in the amount mentioned above. From such of this as may be credited of collected an account of debits and credits shall be administered by myself, the present Governor Don Angel de Martos y Navarrete, who shall have it in his power to make dispositions and distributions as he may see fit in keeping with his memorandums, dispatches and instructions, the grantors declaring themselves to be agreeable thereto now and forever. For such sums as the ap- 8

10 54 pointed att.orney shall receive he shall receive such receipts and quittances as may be necessary for their collection as well as affidavits stating that he has received same or he may make such renunciations of rights as are applicable when affidavits are not made in the presence of.a Notary. He shall present before His Excellency all such memorials and documents as may be,relevant to l3.tigations, causes and businesses whether'civil or criminal which may arise presently or in the future with any party that may appear either as plaintiff or defendant. He shall appear before the aforenamed Most Excellent Sehor, the Royal Audiencia, and such other higher or lower tribunals or their 2 judges or justices //ecclesiastical or secular as may convene and wherever suits may be filed. He shall answer adversaries by confirmation or opposition, make claims, demands, citations, complaints or accusations and challenges. He shall give oath for sale or auction of property which he may acquire and shall defend, retain and protect same. He shall provide witnesses, documents, instruments, affidavits, certifications and other papers and sureties. He shall satisfy, deny, or contest any adverse civil or criminal cause as he may see fit. He shall hear decrees and judgments interlocutory and definitive, consent to that which is favorable, oppose and appeal that which is prejudicial and proceed at

11 55 will in all instances. He shall obtain writs, Royal provisions, judicial ordinances and other necessary orders and present these wherever it may be expedient and solicit their obedience and fulfilment. For the foregoing purposes and such others as may be annexed, incident or dependent thereon we do grant the present powtder of attorney with full authority to appoint one, two^ three or more substitutes and to authorize these to appoint as many as may be necessary without limitations inasmuch as we grant relief to all in legal form to enter suits or take oath in all cases. To the full efficacy of the foregoing instrument we do obligate our persons and properties immediate and future and do bind and submit our persons to the jurisdiction of such of His Majesty's magistrates as may and shall be interested in these proceedings so that they may demand and compel our obedience as though a legal judgment had been.passed.in a court tried by a competent judge. We do renounce our rights of domicile and community and any others obtainable as well as the Law Si convenerit de iurisdic tione onmium iudicum and the general exemptions provided by law. In witness whereof we do grant this power of attorney and affix our signatures with those of the aforesaid Governor. The signatures of those who did not know how to write were added at their

12 56 request by Ygnacio de Aro, in the presence of Don Joseph Gonzales, Don Juan de Mora, and Don Manuel Losoya' citizens of this Royal Presidio. It is written in the presence of my attesting witnesses,in the present cornrrion paper because there is no paper with stamps in this Province, to which 2v I //certify. [there is a blank space here and Navarrete's signature is not affixedl Marcos Ruis Pedro Sierra Antonio Gallardo Pedro Granados Joseph de Zepeda Joaquin Ruiz [Rubric3 Juan Antonio Ybarbo Joaquin Mansolo Joseph Ydalgo, Joseph de Castro rrubricj Joseph Felix Ruiz Miguel del Rio [RubricJ Melchior Morin '^ Ygnacio Thomas de Aro Pedro Pozos ^Rubric^^ By request of those who could not sign: Ygnacio Thomas de Aro