In the Royal Presidio of Our Lady of Pi ar. de los Adaes, on the twenty-seventb. day of the month

Transcription

1 Cross, CCrosN, In the Royal Presidio of Our Lady of Pi ar de los Adaes, on the twenty-seventb. day of the month of }'arch of one thousand seven hundred and sixtyone, the petition of the followi,rg tenor, with the promissory note which accompanies it, was presented before me, D.o,n Angel de Martos y Navarrete' Lieu- Etena,nt Colonel of the R,oya,l Armies, Goviern,or and Capt,ai,n General of this Prov,inc,e of ^.^ejas9 New Philippines, its Presidios, Conversions and Frontiers, with the military command of Pansacola and Coaguila, with the ass ristanc, e of the New Kingdom of Leon by the King, our L,ord Onay Geo,d pr,otec,t him). C lz oseph Gonsales, citizen of this ^ Ror.ya,l Presidio of Our Lady of. Pilar de los Adais, appear before Ysour, L{ordshi,p in the best m.anner to be found at law and convenient to r:ie and state that -,\rhen Miguel Guera, with but scant fortune, ca:nrie to this said Ro,ya, lpresidio during the time of the S ^eto,r Go,vrern,or D,o,n Pedro del Bario junco y "'Zispriella 9 l9 moved to giving him help, loaned a dark mule to him, a fact, which may be proved with an exl)lanation.from Reyes, who came in his company

2 and is now in the Rotya,l Presidio of San Antonio. I have not received payment for that mule, nor for the three which have been in his Dossession since the time of the ^eflo r D,o,n Jasinto de Barios y Jauriguil also loaned to him on the condition that he would share with me the same c things, he should seek with said mules, to ^which rarrangement, he has pretended ignorance. For this reason, l entreat Y,our, Lordshi,p be pleased to confer mercy and justice upon me so that I may receive payment for the said mules and their freight, taking into consideration the time he has had them. and the ways in whidh he has used them. ^ i should recieve,, in addition, one hundred and thirty-six p=eso,s, a debt, originating from different business as certified by a promissory note of his which I have in my possession, a.ssued on his order by the hand of Bernardo Serbantes, who signed it for the said Miguel Guera because he said he did not know how to sign. This can also be certified by Ygnassio de Sepeda, who read a letter sent to me by the said Miguel Cxuera in which he gives me an account of some valuable goods he had for me there, concerning which the same rperson, who brought the letter, the father-in-la^.r of said Ygnasio de Sepeda, gave me an account and said he saw them. These ^persons, will be called so that they may state the truth. For this, Y,our, L,ordshi,p will be pleased to give judicial power of

3 lv attorney //to Domingo Chirino so that the sum, may be collected by amagistrate, who may summon the necessary witnesses. I swear I do not act with mali.ce and to whatever is necessary. I also entreat Y=our, L,ordshi,p be pleased to allow, said writ to pass on common paper since there is none stamped. Adais, March 27 of the year Joshh Gonelsez (Rubric ),DS l-lv in E ,.

4 Having seen the preceding writ, I accepted it as having been presented and admitted, along with the promissory note accompanying it, on the present common paper without detriment to the Royal income. Taking heed of that which this party requests, I should command and do command that Bernardo Zervantes and Ygnacio de Zepeda appear in this, rry"court, and swear and declare whatever they should know concern,^"ng the contents of the s.bo`ve-mentioned petition so that, in view of everything, I may determine that which should appear to be most convenci.e,nt to the good administration of justice. Thus I provided, ordered and signed on said day, month and year, acting in my own preserkce as ues recentor with att,est?n",g witnesses for lack of a public or.oyal notary9 for there is none wi-thin the limits set by the law. In witness whereof I certify: n D. Angel de Martos y Navarrete (Rubrid) Domingo Garsia Witness4 co Fran. lay`1tt. Soliz DS lv in E C

5 11 Immediately, I said governor, had Bernardo Zervantes, whom i certify I know, appearbefor. e me. When he was in my presence I admlinistered an oath to him, which he took in the name of God, our Lord, and the sign of the Hzo,ly Cross, under penalty of which he promised to tell the trutb.i:nsofar as he knew and might be questioned. Having been informed of the tenor, of the petition made and having taken note of the promissory note presented by D,o,n J,:ose,Dh Gonsales, he said that with regard to the dark mule, he had only, heard the sai d I rgonsales, mention it? but that the rest stated in said pe.tition is just as it is comprised therein' as is proved by the promissory note which he issued at the request of Miguel Guerra (who applied ta. tb.e witness) and which he acknowledges to be the swme one which has been exhibited to him.,he sa.id,,. under penalty of the oath taken, that everything he has stated and declared is the truth.. After this, his statement, had been read to him, he affirmed and ratified it one, two, three and as many times as are permitted him by la=.xr. He said he was thirty-two years of age. He signed it with me, said 2 governor, //and those ass,ista.n,g me, with whom I act as rece ctoria as has been stated. In witness whereof

6 ^ I certify: n D. Angel de Martos y Navarrete Bernardo Zerbantes (Fvbric') (Rubric; co Fran. Antt. Soliz Domingo Garsia DS lv-2 in E , ^

7 In said Royal presidio, said day, month and year, I, said governor, had Ygnacio de Zepeda-,.whom I certif;r I^^no^^, appear in this, my court. I adm^.nistered an oath to him which he took in the name of God, our Lord, and the sig:n of the Holy Cross, under penalty of which he proi}?i sed to tell the truth in sof ar as he knew and rlght be questioned. Once the petition on the reverse, presented by Dco,n Joseph Gonsales, had been read to him, he said he does not know what gave origin to that which Miguel., Guerra o^:^es 1^.ron ^^ 'ose,ph Gonsales but that he is certain that 14ig,ue,l Guerra sent rgonsales, a letter by J,ose,ph Antonio Flores, father-in-law of the witness, ra letter, read to said. Gonsales by the tiritness, 4..This letter, stated that said Guerra had costly goods valued up to one hundred and eighty pesos with which to pay rgonsales, and therefore the latter, was to send him three varas of blue cloth, or of Zrana from Castile, two Diezas of bretafla and two kerchiefs9 advising him of the amount due, and delivering the goods, to the said Flores so that he could take it to him. As soon as said Guerra could find a satisfactory person, he would send said valuable goods and the rest in Desos. The witness knew that the act of not sending i^noney and valuable goods with the said Flores, a reliable

8 'perso:c^, was fraud on the part, of said Guerra and advised the mentioned D,o,n. JCose,ph Gonsales not to send Guerra what he requested, for it was known that the above-stated were falsehoods and delays for not paying him. The payment has not been carried out to this day4 for he has not heard tell nor knows of it. He said,, under penalty of the oath taken' that everything.he has stated and declared is what he knows. After this, his statement, had been read to h.im, he ratified it one, two, three and as many times as are permitted him by law. He said he was forty-one years of age. He signed it with me, said govicern,or, and those ass,istin, g me, with whom I act as recedtoria as has been stated. In witness whereof I certify: e yonacio de zdeda n D. Angel de Martos y Navarrete (^;^:ubric) Witness : Domingo Garsia co Fran. -Ant. Soliz ( E'ubric ) EDS 2 in ,

9 15 2v In said Royal presidio, Ilon said day, month and year, I? said gove ernor and cs.ptrai,n general, in view of the two preceding statements and of the promissory note presented by Donjoseph Gonsales, citizen of this R,oya,l prescidi,o9 should command and do command D,o,n Balthasar de los Reyes Peres, comrmand,er and ^ 'usticia Mayor of the pres,idi,o of Sra,n A.ntonio, to suzzl^^ion TV,ose,ph Antonio Flores, citizen of sai d presri di,o 9 and administer an oath to him in order that he may state whatever he should know as per the petition beginning these proceed?ngs. If Flores, confirms the evidence of the two preceding witnesses,' said com,mand,er shall make Ma.guel Guerra, ci.tize,n of Sa,n Antonio, pay the debt specified by the mentioned D,o,n Jtose,ph Gonsales in his petition. If said Guerra should state that he has something to offer in his favor, said c4m.,mand.,er shall have him come to this captaincy general to offer that which suits his favor, with the understand,in, g that his trip will be paid for him; if not, he shall deliver whatever the debt should yield to Dom,ixig,o Chirinos (as Do,n J,ose,ph Gonsales requests in the petition, ), who shall give a receipt for said. quantity, for Gonsales, granted to him, in my presence and that of my assl istant, s, sufficient povrer to do thi s. However, if the said J, ose,ph Antonio

10 Flores should not be present, or if he should have died, the expressed comrmand, er shall make rguerra, pay the referred or come and make a plea in this captaincy general as has been referred so that I may proceed with justice as may be advantageous to whoever should be justified. These original proceedings shall be remitted to zne so that 1' may place them in this archive. Thus I decreed, ordered and signed, acting in my own presence and that of my. att.estin,g witnesses, with whom I act for lack of a nv,bl, ic or Royal notary, and on the present common paper because there is none stamped within this prov,inc,e. in witness whereof I certify: n D. Angel de Martos y Favarrete co Fran. Antt. Soliz Domingo Garsia CDS 2-2v in E ,

11 ^n the REoya,l Pres,idi,o of Sta,n Antconi,o de Vexar, on the tenth day of the month of June of the year one thousand seven hundred and sixty-oneg I9 D,o,n Balthasar Peres, commanding sergeant of this said pres,idi,o and lusticia MaXor of the Vilia. of S,a, nfern,an, do' by virtue of the command of the 2,eto,r Governor LF. 2v in E. 3-2'7-176z,