froceedin;4;s conducted concerning the fine imposed on Fran[c^.s]co Guerra for having caught without a license

Transcription

1 17 Year. of froceedin;4;s conducted concerning the fine imposed on Fran[c^.s]co Guerra for having caught without a license from the governor of this province four head of ore.jana5, whose value of twenty-six pesos has been entered in the mustang [fund] chest designated for that purpose, in addition to another 31 pesos and 4 reales which was the amount of the fine and the value of another three head V,7hivn he caught without the aforesaid license, thus committing the afore-mentioned crime a second time. No. 61 [Added in English above, through, and below the preceding line:j Francisco Guerra fined for catching and killing wild cattle without the king's i.icence [ si.c.

2 [Cross] Aiato At the Roya1. Presidio of Sfa]n Ant[oni]o de Bexar and villa of S[a]n Fern[an]do, on the seventh day of the month of June, in the year.seventeen hundred eighty-three, I, Don Domingo Cabello, Colonel in the Royal Armies, Governor and Commandant of Arms of the Province of Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Be'xar, and Inspector General of the Militia Corps and Presidial Troops of the said Province by Commission Conferred by the Lord Commandant General of the Interior Provinces of this Kingdom of New Spain, [do state the following:] I have ascertained in due form from Fran[ ci.s] co Peres, Jose Romano Rodrigues, Agustin Ramon, Jose Cipriano [Sar rbrano], Patricio Sambrano, and Juan Jose Sanches that Fran[c4s}co Guerra, of this vica.n:^ty, violated that which was advised in the various and repeated bandos published in these settlements--that no person of any rank or status whatever could catch any head of orejana [cattle] except by my explicit permission. The said Fran[cis]co G[ue]-rra has defied all this in lv catching four of the said // head of orejana [cattle]. For that reason and for an exemplary punishment of the r.ayiy excesses being committed by several residents of these

3 19 settlei;:exkts in catchx_ng the said ore.jana cattle without my express permission, I must command and by these presents d,o command that F,ran.(cis] co Guerra shall suffer and on him shall be imposed the penalty and fines which have been imposed by the lord commandant general on violators who catch the said or.etjangs without my permission. By virtue thereof I sentence him to pay, as a first-time [offender], at a rate of four pesos, a fine for each one of them, and two pesos and four reales for the value of each of the afore-mentioned head [of orejanas], in addition to the cost i:ncurred by one corporal and four privates whom I dispatched to the ranches of S.[a]n Bartolo in search of the person of the above-mentioned G[ue]rra. And since,the fine for the said four orej^a..^.as is sixteen pesos and their value is ten, which, by adding nine pesos in salaries for the troops at a rate of one peso daily for the corporal and four reales [each] for the privates, for each of the three days they were employed in going to and returning from the afore- 2 mentioned ranch of S[a]n Bartolo, the amount of // this above-cited account is thirty-five pesos. And because the said G[uelrra did not have [funds] wherewith to pay [the penalties], it was necessary to confiscate a portion of salted meat, tallow, and fat which the said Francisco Guerra had. It was placed in the custody of Don Jose

4 20 Salbador D?/Ias; procurador ci/radico... rene ral of this vil1.a Of S[alin Fern[anjdo, who sold it, realizing proceeds of thirty-six pesos. And after payment of four reales to the youths who were involved in the said sale, there is a resultant surplus of four reales over the amount of the fine, the value of the ore,janas, and the salaries earned by and paid to the corporal and four privates who went to take the said Guerra into custody. And in view of the seizure of the said effects and by virtue thereof, I. order and command Don A}an[ ue] l Delgado, first-ranking Alc( al.dje oy din:ari.o of this villa to go to the guardhouse of this presidio, where the said Francisco G[ue]rra is imprisoned, to notify him of this auto, and to place him at liberty, returning to him the four reales remaing on the account aforegoing. He is to be warned that if he again engages 2v in the same excess, // the penalty of his punishment will be doubled, so that by this means others of his kind may be frustrated and will not commit such excesses. And when all this is done, [the procurador general) shall return this auto to this governorship, that it may serve as a formal document for the transfer of the twenty-six pesos which are to be introduced into the mustang [fund] chest [maintair.edl for this purpose. Thus I have provided, ordered, and affixed my signature, before the attendant

5 21 witnesses with whom I nct, in the absence of a notary, doing so on thlis plain paper, as there is none stamped. This I certi.fy. Dom[ ing] o Cabello [ Rubric ] [Cross] ^ Jose P^.dzido de Nonzon Pedro DIas del Castillo [Rubric [D.S., 1-2v pp., in F. 6/7/ /21/17831 Villa of S[a]n Fern[andjo, June 11, 1783 [1], Don Manuel Delgado, first[-rank^ng] alc(aldje 3 ord _i.naril o, // as a result of the aforegoipg auto issued by the lord governor of this province, went to the guardhouse where Fran[cis]co Guerra was imprisoned, and in his presence notified him and made known to him the above-cited auto. And when it had been read to him verbatim, I placed him liberty, delivering to him the remaining four reales as cited in the said auto. And having understood it all, he said that he would obey. He did not sign [this record], saying he did not know how; I,the said judge, signed it, as did the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none

6 22 stamped. This I certify. Manuel Delgado Sose Marcos de Agui;I.ar Fran[ cis] co de Arocha [D.S., 2v-3 pp., in E. 6/7/ /21/1783] Let these proceedings be returned to the lord ^overnor this province, as His Lordship requests the original [thereof], for such purposes as may be appropriate; in witness, wherof I have affixed my signature on the said day, month and year. Manuel Del^ado [ Rubric ] [D.S., 3 P., in E. 6/7/ /21/1783] Decree In view of completion of the notification 3v of // Fran[cis]co Guerra and [his] tenderin; the fine and the value of the four head of ore,.'anas which he caught without my permission; let these proceedings be kept for such ends as are and may be appropriate. And let payment of the corresponding twentysix pesos be made to the branch of the mustang funds. Thus

7 23 I, the aforesaid governor, have provided, ordered, and affixed my signature at this Presidio of Bexar, on the twel-il'th day of the month of Junc, in the year seventeen hundred eight;y-three, before the es with whom I act in the absence of a notary, doing so on this pl.ain paper, as there is none stamped. This I certify. Cabello [Ru`cri.c] Jose Plazido de Tlonzon Pedro Dias del Castillo [ kuurt.c ] [D.S., 3-3v pp., in E. 6/7/1783 ll/21/17831 A^.zto At the Royal Presidio of S[a]n Ant[oni]o de Bexar and villa of S[a]n Fern[an]do, on the twenty-seventh day of the month of October, in the 21 year seventeen hundred eighty-three, I, Don Dom[ing]o // Cabello, Colonel in the Royal Armies, Governor and Commandant of Arms of the Province of Texas, &c., [ do state the followin^:] during the month of July of the present year Torivio Ximenes and Juan Jose Sanches, [both] of this vicinity, came before me. The first informed me that Fran[cis]co G[ue]rra had paid him with two head of ore;janas for the qjrork of rounding up for him a few cattle to pay the tither, Don Juan Barrera. The second.[reported] that

8 24 the said G[ ue] rra had sold him another head of ore-ja.a. [ ca ttle ]. The aforenamed Fran[ cis; co Guerra had caught them without my per^.ma:ssion: By virtue thereof I ordered him sought out so that he could be charged with [i.llegally taking the cattle], in order to proceed to his punishment in view of his disobedience and his slight fear of justice. For since he had been punished for one other such excess, as is evidenced in the aforegoing proceedings, his arrest was frustrated by his having absented himself from this presidio. Thus I awaited his return in order to proceed as appropriate. And when I was aware of his return from his journey, it was not possible to remain silent concerning this act, [but it wasimperative] that I set.an example for such evil men as may be veterans in the custom of stealing 4v // orfejana cattle declared to belong to His Majesty. I [therefore] must command and do command that First-ranking Alcalde Don Man[ue]l Delgado proceed to the imprisonment the afore-named T'ran[ cis] co G[ ue] rra and to the confiscation of the two equine mounts that he has in his possession and of the four [horses] and one mule that he owns [which are] in the possession of Feli,s Gutierres, who is residing at the mission of S[a]n Fran[cis]co de la Espada, so that the proceeds therefrom may serve for the fine of eight pesos =irhich he is to pay on each one of the cattle caught without my permission and for the intrinsic value of

9 25 the said cat tll. All this is imposed on him for his recidivism in the crime of catching orc^ ^aria cattle without my permission, in addition [to which he shall pay] the costs incurred. All this is for having violated that which was ordered in article 1 of the dispatch of the lord commandaizt general of these Interior Provinces, which was published in these settlements by bando. With all this the above-named Fran[cisjco G[ueJrra shall be charged by the afore-ment-i,oned alcalde, so that he may be found guilty of his crime and may suffer the penalty imposed in the said article. And if he should.for a third time engage in [the violation] specified therein, his fine shall be tripled, and,he shall be exiled for four years to work--on rations and without pay--at such royal or public works as he may 5 be assigned to. By virtue of all this, // notification hereof will be made to the said Fran[cis]co G[ue]rra by the aforesaid alcalde. [The alcalde] shall proceed to the auction and sale of the six equine beasts and one mule, from which the charge of the afore-mentioned fine shall be deducted, which [fine] I now apply towards the mustang fund along with the intrinsic value of the afore-mentioned three head, in addition to the costs incurred in the matter. And when all this is done,, the above-named alcalde shall return to this governorship such proceedings as he shall have conducted. This auto shall be added thereto, so that he

10 26 m^=y hereunder conduct tho:^e [^jroceedin^s^ which he must conduct in this matter. Thus I have provided, ordered, and af fixed my signa ture, before the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Dom[ing]o Cabello jos^ P3.^;^,ido de 1`Ronzon [Rubrie^ Pedro Dias del Castillo [Rubric [D.S.; 3v-5 Pp., in E. 6/7/ /21/17831 [I], Don Manuel Delgado, first-ranking alc(aldle 5v ord [;_naril o// of this villa of San FernC andl o de Bexar, in compliance with the order dated the twenty-sixth of October, which the lord governor, Don Domingo Cabello, sent ^o me, as evidenced in the autos formed against the person F-ran[cis]co Guerra, o;.= this vicinity, which likewise were sent to me by His Lordship without loss of time, [do state the following:] I went to the guardhouse and jail where the said Fran[cis]co Guerra is, and in person I notified him and made known to him all that was ordered by the said lord governor. Having understood all-: the charges made ag,ainst him, he begged [me] not to proceed with the confis-

11 27 ca "Cion of his equines, [ saying] that within a period of six tlays he would tender the costs and charges assessed against him by the lord i;overnor. This, he gave as, his reply, and he did not sign [this], as he said he did not know how,, [thus] I did so with the witnesses attending me, with whom I act in the absence of a notary, [doing so] on this plain paper, as there is no stamped [paper] in this province. All this I attest. Man.uel. Delgado dose Marcos de Aguilar Fran[cis]co de Arocha [ Rubric; [Rubric [D.S., 5-5v pp., in L. 6/7/ /21/1783] In the villa of S[a]n Fern[and]o, on the twentieth day of the month of November, in the year seventeen hundred eighty-three, I, Don ^^anuel. Delgado, first-ranking 6 alc(aid]e oru[ i.naril o of this // above-named villa, have stated [ t.he following:] Whereas Fran[ cis] co Guerra, after the six-day period he requested, tendered the fine and the value of the three head of orejanas as charged, I must command and do command that he make delivery of the costs occasioned by these proceedings, which are five pesos and

12 28, four reales. And when t'rzis is done, these proceedings are to be sent to the lord governor and commandant of arms of : th:is province, Co, o,ael Don. Dom[ iazg] o Cavello, as His Lordsk.ip prescribes in the aforegoing auto of the twentyseventh of October of the present year. Thus I have.provi,ded, ordered, and affixed my signature, acting on my own behalf with the es with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. `lanuel Delgado [ Rubric] Josu Marcos de Aguilar. Eran[ cis]co Arocha D.S., 5v-6 pp., in E. 6/7/ /21/1783] Decree Pursuant to my having been sent these proceedings by the first[-ranking] a1cfald] e ordinrar7_1 o of this vi l.la and [pursuant to] delivery, at the same time, of thirty-one pesos and four reales--twenty-four [pesos] by reason of the fine assessed against Eranf cis] co Guerra for the second time, and the 6v remaining seven -pesos and four // reales [ to cover] the value of the three head of orejanas which he caught without my express permission, thus precipitating the imposition of

13 double the afore-menton.uci f:lne, which he paid--let these proceedings be kept for such ends as are and may be appropria te, and let the above-mentioned thirty-one pesos and four reales be introduced into the mustang fund, for which it has been designated and [to which it] belongs. Of the execution [of this procedure] a record shall be placed (hereunder'. T^^us it is provided, ordered, and signed by me, the aforesaid governor, at this Royal Presidio of S(a]n Ant[oni]o de F3exar and villa of S[a]n Fern[an]do, on the twenty-first day of the month of November, in the year seventeen hundred eighty-three; before the attendant witnesses with whom I act in the. absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello Jose Plaz :.do de Monzon Pedro Dias del Castillo [D.S., 6-6v pp., in E. 6/7/ /21/1783]

14 ,f ^3 Eoya1 Presidio of S[ a]n Ant[ oni] o de P^^:ar, November 21, 1783 Record ["Phe amount] introduced on this date into the chest designated for the keeping of funds pertaining to mustangs is thirty-one pesos and four reales, the fine collected from Fran[ca.slco G[ue]rra as prescribed in the aforegoing decree; as evidence whereof I piace ^ th^s record] in the proceedings and certify it.. Cahello [ ;ubric] 7v // [Blank] j E. S., 7 P., in E. 6/7/i783-11/21/17833