Year.......... of......... 1783 No. 56 Proceedings conducted by Colonel Don Domingo Cabello, Governor and Commandant of Arms of the Province of Texas, against the person of Felipe Flores, Cresident3 of this vicinity, for an illicit affair with the wife of Antonio de el Toro
Ccros Is J Seftor Governor of this Province: I, Don Felipe Flores, one of the principle citizens of this presidio of SCa3n AnttConi]o de Bexar and villa of SCa]n Fernando Cde Bexar], do appear before Your Lordship as the necessary solemnity of law permits and do state [the following:] As of today I have been for five days in custody in the guardhouse of this presidio--two Cdays] on footin the stocks, and the rest, out of them. Such severe punishment as has taken place and, as I see it, continues, necessarily demands a sufficient cause, apart from [any offense] I may have given;don Fernando de Beramendi, rejidorde cano of the a,yuntainiento of this villa, who apprehended me on Tuesday, the first day of the lv present month of April. On that occasion he was exercising the function of first alcalde ordinario, by virtue of his office, in the absence of the incumbent Cin that office7, Don Manuel Delgado, with the exception of a space of Cseveral] days during the proximate past month when [the duty] fell to me. [Beramendi was] with the second-ranking alcalde of this afore-mentioned ayuntamiento, Don AntConiJo de las Barsenas, who also apprehended me and detained me in this said guardhouse for a period of seven days. On none of Cthose days7 was any transcript sent to me to make known to me.the. reasons for my imprisonment. At the end of [seven days], having been ordered released, I presented myself by means of a petition to the same Cperson7, begging him to make known to me the grounds
3 for my afore-mentioned imprisonment. Informed of my petition, and perhaps even convinced that he had not justly proceeded to Cimprison me7, he begged me to quit my request, informing me orally that the motives which were the basis for his having me apprehended were that 2 he had been informed that I// was living in a close and illicit relationship with the wife of a servant of mine. When I had made a number of objections, which seemed to me well founded, he told me that I might continue Chaving] the same Cright of] entry into the house, since the above-named woman, her husband, and one of her sons are Call] my servants. I agreed with all these statements, and abandoned every right which this grievance and outrage permitted me to demand, since an obligation which he could not deny to me had intervened, as I shall prove as soon as necessary. This cause afore-mentioned is in my Judgement not sufficient for the punishment which I have received, and thus, if this was the cause for my detainment by the said Don Fernando in the exercise [of his office], I complain before Your Lordship as an aggrieved party and beg you with the greatest humility to make an investigation of this cause. I make my complaint in the form of an appeal, so that you may investigate [this situation] and conclude my trial at the usual stage of sentencing; and whatever I deserve for this offence, I will com- 2v ply with in blind obedience. But if the above-cited Don -Fernando, in addition to the misinformation related Cherein7, continues my imprisonment as before-mentioned for another cause or totber] causes, I lodge a complaint as a plaintiff Cagainst him]
for all [such imprisonments] in the practice of [his office as] justice, and for all this;i repeat with the greatest submission my request before Your Lordshi.p by way of appeal, so that you may obtain the sumaria formed against me and may review it and cause the articles [contained in it] to convince me and prove Cthe allegations] with the evidence therein and the essential and necessary witnesses and other attendant requisites leading to my conviction, that I may be given the merited punishment to which by all and in all I shall submit. But if, through the intercession of justice for which I beseech Your Lordship, this is not done, CI ask] that you cause me to be given satisfaction for my grievances, especially the forementioned, which results in a considerable decline.in my honor-- to this satisfaction I aspire. For this and for the rest of what I express Cherein7, I humbly beg and beseech Your Lordship to deign to cause it to 3 be // provided that this my petition be put into effect, with attention to the necessity in which I make it, that I may thus receive mercy and justice. Also CI ask] that this my petition be admitted on the present plain paper, as there is in this province none stamped. I swear that I bear no malice and CI swear] on whatever Coath] is necessary, &c.' Phelipe Florez CC.S., 1-3 pp., in E. 4/5/1783-6/20/l7833
. Decree [The above petition is considered to have been duly] presented. And whereas the reaidor de cano of the cavildo of this villa, during the time he wielded the staff of first alcalde, should have formed the sumaria corresponding to the plaintiff Cin this process7 in order to proceed to his imprisonment, and [should have] returned [the sumarial to the incumbent first alcalde on his return, as is appropriate; let the above-mentioned first alcalde be informed by one of the es with whom I act that upon the act of notification he shall deliver the said cause, so that in view thereof I may provide what is Cfeasible] in justice. Thus it is 3v provided, ordered, and signed by me, Don Domingo f/ 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 SCa]n AntConi]o de Bexar, 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; at this Royal: Presidio of SEa]n AntConi]o de Bexar, on the fifth day of the month of April, 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 [cross] Jose Plazido de Monzon Pedro D4as del Castillo [Rubric]
CD.S., 3-3v pp., in E. 4/5/1783-6/20/17833 4 Notification On the said day, month, and year I, Don // Jose Pl(%:ada de Monz6n, one of the attendant witnesses with whom the lord governor of this province acts in the absence of a notary, did go to the house and residence of the first alcalde ordincari7o of the ayuntamcien7to of this villa, Don Manuel Delgado, and in person did read to him and notify him of the aforegoing provision. When he had heard it he said that he did not have in his possession any proceedings alluding to the matter for which he had been responsible, since the regidor de cano had not passed them on to him at the time he delivered the staff which he held in safekeeping. As this was all he stated on the matter, he signed this with me, as evidence whereof I place Cthis notification] in the proceedings. Jose Plfizido de Monz6n Manuel Delgado CRubric7 CA.D.S., 3v-4 pp., in E. 1+/5/1783-6/20/17837 Decree CI have] seen that which was stated by the first-ranking alcealdje ordincari7o of this villa. Let Don FernCan7do 4v Beramendi, rexidor de cano thereof, be notified that he is to deliver the sumaria or cause pursued against Felipe Flores, [a resident] of this vicinity, showing the reasons for his imprisonment. CWhen this is] done Clet7 action [be taken7. This [act of3 notification is assigned to one of the es with whom I act in the
absence of a notary. Thus it is provided, ordered, and signed by me, Don DomCing]o Cabello, Colonel in the Royal Armies, Governor and Commandant of Arms of the Province of Texas, &c.; at this Royal Presidio of S{a]n AntConi]o de Bexar and villa of SCa3n FernCan3do on the seventh day of the month of April, in the year seventeen hundred eighty-three; 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. Cabello CRubric, Ccross3 Jose Pllizido de Monz6n Pedro D4as del Castillo CRubric3 CD.S., 4-4v pp., in E. 4/5/1783-6/20/17837 Notification At the Royal Presidio of San AntConi3o de 5 Bexar, If and villa of San Fernando, on the eighth day of the month of April, in the year seventeen hundred eightythree, I, Don Jose Plfizido de Monz6n, one of the es with whom the lord governor of this province acts in the absence of a notary, in order to effect that which was ordered in the decree aforegoing, did go to the house and residence of Don Fernando de Beramendi, regidor de cano of the ayuntamcien3to of this afore-mentioned villa, and in person made known to him the aforegoing provision. Having heard it and been informed of the spirit thereof, he said Cthe
following]: There were two reasons for Chis] not having formed a cauza on Don Felipe Flores. The first was that he caught the said Csuspect] one hour before dawn on the first day of the current month, and when the incumbent alcalde, Don Manuel Delgado, arrived at twelve o'clock on Cthat] day, his jurisdiction ended. The second [reason was his desire] not to make the offense public or to further aggra- 5v vate the matter, and to avoid expenses to the aggrieved. In addition [he said that] up to the present day the forming of cauzas for crimes of this sort has seldom been practised in this country; thus he assumes that [this situation] must be for lack of knowledge on the part of the majority of those who have been exercising the ordinaria jurisdiction, as has occurred with the notifyee. Yet since the plaintiff requests reasons for his imprisonment Cand does so] before the superiority of the lord governor, and because the notifyee is obliged to give them in obedience to the Cgovernor's] provision to which he is making reply, he presents [the following explanation:] He was Cacting3 as alcalde ordincari]o in the absence of the regular office-holder during the month of the proximate past February, when the seflor rector and vicar of this Cecclesiastical] district, BCachille]r Don Pedro Fuentes informed him that he had admonished Don Felipe Flores on two occasions to leave the house of Antonio del Toro, also known as Chiber, because such was conducive to the service 6 of God, yet he saw no If emendation [of his behavior]. He thus had advised Don Francisco Flores in the year seventeen hundred eighty-one, when he was alcalde, so that he might curtail communication between Don Felipe Flores and the wife of the above-named Chiber, which was
suspicious. This the aforenamed Don Francisco Flores did, ordering him removed from the house. CBut] he knew that [the suspect] continued as before, living there determinedly,'and the Cpresent] notifyee was informed [of this fact] so that he could remedy it. With this in mind he was about to do so, but since the above-cited Don Felipe Flores was absent at that time and was returning from his journey together with the incumbent alcalde, he could not do it, and he sent the information to Don AntConi7o de las Barcenas, secondranking alcalde, who, as he told [FloresJ, barred him from the house, which [injunction] he failed to obey, as he himself confessed, and also as his brother Pedro Flores, and a resident, Juan Leal Cstated] to the above-mentioned alcalde. After [the alcalde] had taken him 6v prisoner for his disobedience, he set him free, ordering him not to go to the house, [under penalty of] a fine of twelve pesos. But the afore-mentioned Flores claimed that he had two servants there, and that when they failed to appear for work it was necessary for him to go and call them. Thus he was permitted to do that and nothing more. The Calcalde's] staff Cand duties] finally fell to the notifyee on the twenty-sixth day of the proximate past March alonp, with this news and information from Don Jose Salbador Dfas, procurador of this villa, that the afore-mentioned Flores was boasting that he had settled his differences with Alcalde Baxcenas. [There were also] othe.r.accounts of his contempt of justice, and his public entry into the afore-cited house corroborated all the other Crumors7. This act gave rise to others precipitated by the same crime, with grave offenses against
1Q C,od. Thus CBeramendi7 went at midnight to the abode of the resident Juan Leal, which faces the above-named Chiber's Chouse7. He was in- 7 formed by CLealJ that what had been stated was true, // and that the aforesaid Flores had been entering the house at all hours, scandalizing the neighborhood. CHe was told7 that if he wished proof he could stay until dawn and he was certain to see the aforesaid Flores enter or leave Cthe house3. For [Leal] had observed him going to the house every night, sometimes at'midnight, and departing at the break of day. At other times he entered.just before dawn. CDe Beramendi3 therefore kept watch in the company of the aforenamed procurador, and the above-mentioned Don Felipe Flores did in fact arrive at the house in great silence a half hour before dawn. He opened the door--or it was opened for him--without making any noise, and pulled it to. Shortly the seduced womanps elder son came outside, looking in all directions, and soon thereafter the younger son came out, the door betweenwhiles always remained shut. At one hour past dawn the said Flores 7v left the afore-mentioned house. In this act and those before it, // which Cthe notifyee] has related, he found sufficient cause to apprehend CFelipe Flores7, for this proves his disobedience to the mandate of Alcalde Don Antonio de las Barcenas, which only allowed him to go to the house to call his hands, but not to enter it at such an irregular hour, to stay for an hour and a half with the door closed, to keep excessive silence, or to send the woman's sons out to the street. It seems to the notif,yee that this is not the method of calling the hands, especially for a man who has been warned about this matter by two
11 alcaldes and admonished by the ecclesiastical judge. [The notifyee] refrained from going to the house to arrest [the offender] until he saw him thus enter. [He acted as he did] to avoid scandal, for the woman was married, and also, since it was not yet daylight, he could not be entirely sure that it was the afore-cited Flores who had entered. Therefore he waited until he departed by day. CDe Beramendi said] 8 that this was all he had to say on the matter in obedience to what the lord governor had ordered, begging his worthy justice [the governor] to deign to send an exorto to the sce]nco]r rector of this afore-mentioned villa, so that under the obligation of an oath which he would make in verbo sacerdotis he might declare and say whether it were true that he admonished Don Felipe Flores on two occasions not to enter the house above-named. Also [he suggested] taking the corresponding declarations from the aforenamed Don FranCcis]co Flores, Don AntConi]o de las Bercenas Csic], Don Jose Salbador Dias, and Juan Leal as proof of all that he had disclosed. And as this was all he stated on this matter, he signed [his statement] with me, as evidence whereof I place it in the proceedings. Ccross] Jose Plazido de Monzon FernCand]o de Beramendi CA.D.S., 4v-8 pp., in E. 4/5/1783-6/20/17833 Auto At the Royal Presidio of SCa7n Antonio de Bexar and villa of SCa]n FernCan]do, on the ninth day of the
12 8v month // of April, in the year seventeen hundred eighty-three, I, Don DomCing]o Cabello, Colonel in the Boya1. Armies, Governor and Com-. mandant of Arms of the Province of Texas, its Missions, Conquests, and Frontiers, Captain of the Cavalry Company of the Royal Presidio of SCa3n AntConi]o de Bexar, 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, have seen the reply given by Don Fernando Beramendi. In spite of the excuses which he offers for not having formed the cor- -responding Ecausa] on Felipe Flores, [his reasons] are not deemed sufficient. For he has proceeded against all that is advised in the royal laws and legal dispositions of the law: from the time he apprehended the person of the above-mentioned Flores until Cthe hour] of the return of the first-ranking alcalde, in whose absence he had held the staff [of office3 in safekeeping, he had more than sufficient opportunity to have formed and conducted the auto prebencional of the said cause, in which it would not have been necessary to expend so 9 much // paper or time as he has Cspent] in giving the aforegoing reply. And if he had sent it on the same day to the regular alcalde, it would have served as grounds for the continuation of the said sumaria without leaving [the case] in its present inconclusive state and making elusive a trial which ought to have been pursued without any delay or the stupidity with which Cthe matter] has been handled by the afore mentioned Don FernLan]do Beramendi. [But the improper procedure has occurred] to the detriment of the said Flores and injury to public vengeance, having slowed the course of the culprit's
13 punishment, leaving me with the laborious task which I must undertake for the substantiation of this cause, with well recognized harm to the serious and important matters pertaining to the royal service in which I am involved. And since I must attend to all the aforesaid circumstances; and so that the penalty imposed on Don FernCan7do Beramendi for his excess, fault, and omission in proceeding with the discharge of the duties of alcalde, which he exercised, may serve as a broad example in order to avoid the devastation Cof due process] which 9v others might commit in the exercise of similar offices; and Cfinally], in order to impose on Felipe Flores the punishment to which he is liable: I must command and do command that steps be taken towards,verification of the charges alleged by Don FernCan]do Beramendi against the aforesaid Flores, the first Cevidence] of which is that Senor BCachille7r pon Pedro Fuentes, rector and vicar of the parish Cchurch3 of this villa, had denounced him for the concubinage in which he had involved himself with the wife of AntConi]o del Toro, also known as Chiber, and for other Ccrimes7 mentioned which relate to this matter. Let an exorto containing this auto be sent to the said scejncojr rector and vicar Cadvising him] that hereunder he shall kindly certify in the manner most suitable to him whether the Cstatements about the] Christian admonitions made to Felipe Flores to leave the house of the above-said AntConi]o de el Toro are correct. When this is done a statement is to be taken from Don FranCcis]co Flores, so that the proceedings which he conducted during the year he was alcalde, to prevent the afore-cited [Felipe] Flores' communication
14.with the wife of the afore-mentioned Ant[oni]o de el Toro, may be evidenced. [A statement shall also be taken] from Don AntConi]o de 10 las Barzenas, present // second-ranking alcalde,cconcerning proceec3ings] conducted by him for the same purpose. CAccounts shall also be obtained] from Don Jose Salbador Dias and Juan Leal to account for the meetings which the afore-mentioned Don FernCan]do Beramendi had with them and to clarify and determine whether AntConi]o de el Toro was at his home at the time when the aforenamed Felipe de Flores was there, since that is an especially necessary criterion and one which Don FernCan]do Beramendi does not mention in his diffuse narration. A statement also shall be taken from him in order to make available this important prerequisite information. Thus by means of all these Cfacts] this cause may be brought to its appropriate state. Thus I have provided, ordered, and affixed my signature, 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. Cabello [Rubric] [cross] Jose Pl'azido de Monz6n [Rubric] Pedro Dias del Castillo CD.S., 8-10 pp., in E. 4/5/1783-6/20/17833
15 lov Royal Presidio of SCa]n AntConi]o,de Bexar, April 10, 1783 On this date the exorto ordered in the aforegoing auto was sent to the sce7nco]r rector and vicar of the parish CchurchJ of this villa, as evidence whereof I place [this record] in the proceedings and certify it. Cabello CRubric7 CD.S,, 10v p., in E. 4/5/1783-6/20/17837
16 Ccross7 Senor Governor of this Province: Felipe Flores, Ca resident7 of the vicinity of this presidio of SCa7n AntConi7o de Bexar and villa of SCaJn Fernando, imprisoned in the guardhouse of this said presidio by Don Fernando de Beramendi, rejidor de cano of the cabildo of this afore-mentioned villa--concerning which imprisonment I have brought a petition of appeal before Your Lordship's superior tribunal--do appear [before you] stating [the following:j Since yesterday, the eleventh of the present Cmonth7 I have been beset by a very high fever and a most grave headache. Therefore I beseech Your Lordship to deign to release me from my imprisonment and to permit me to go to my brother Don Juan Jose Flores' house while I convalesce from the afore-mentioned unforeseen condition. For this effect I offer as bail sureties my brothers Don Pedro and Don Juan Jose Flores, that in this action I may receive mercy and justice. I make [this petition7 on the present plain paper, as there is none stamped, &c. Phelipe Florez CRubric7 CD.S., 11 p., in E. 4/5/l783-6/20/l7837
17 llv Decree I have seen the aforegoing appeal. And since the infelicity of these settlements is such that there is not herein any physician, surgeon, druggist, or barber who might ascertain whether it is true that the supplicant is sick; let the two attendant witnesses with whom I act in the absence of a notary go to the guardhouse where where Csic7 the petitioner is imprisoned and find out, according to their legal knowledge and understanding, whether he is in the condition he mentions. They shall provide this information hereunder, so that I may provide as is appropriate. Thus it is provided, ordered, and signed by me, Don DomCing]o Cabello, Colonel in the Royal Armies, Governor and Commandant of Arms of this Province of Texas, &c.; at this Presidio of [San Antonio de3 Bexar and villa of SCa7n FernCan]do,.on the eleventh day of the month of April, in the year seventeen hundred eighty-three; 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. Cabello Ccross] Jose Pl'szido de Monz6n Pedro DIas del Castillo CD.S., llv p., in E. 4/5/1783-6/20/17837
18 12 nilixcenci]a If concerning At the Royal Presidio of San the unforeseen circumstances 12 of Felipe Flores AntConi]o de Bexar and // villa of San Fernando, on the thirteenth day of the month of April, in the year seventeen hundred eighty-three, we, Don Jose Pl'azido de Monzon and Don Pedro Dfas del Castillo, es with whom the lord governor of this province acts in the absence of a notary, in order to put into effect that which was ordered in the decree aforegoing, did go personally to the guardhouse of this presidio, where Felipe Flores is imprisoned. Having proceeded to diagnose the infirmity which he speaks of, according to our legal knowledge and understanding, we found that he was taken by a pain located slightly below the left nipple, on the side, opposite the.lung. As has been our experience with other individuals who have suffered such an illness, we believe that he requires a blood-letting or blood-lettingso But this; it seems, would not be 12v easy f/ to perform on him during his imprisonment. Since this is all we can disclose in obedience to what was ordered by the said lord governor, we have signed [this report] and placed it in the proceedings. Lcross] Jose Plazido de Monzon Pedro D4as del Castillo CA.D.S., llv-12v pp., in E. 4/5/1783-6/20/1783] Decree As a consequence of that which is evidenced in the proceedings aforegoing, let Felipe Flores be permitted
19 to go to convalesce at the house of his brother Juan Jose with the understanding that under no circumstances is he to do so at the house of AntEoni3o de el Toro, also known as Chiber, or Geven] to enter therein. And when this is done, let steps be taken for the bail bond to be made by his brothers Don Pedro and Don Juan Josd Flores, as is offered, on the precise condition that, when cured of his ailments, CFelipe Flores7 is to be recommitted to imprisonment where he was. All this is committed to one of the es with whom I act in the absence of a notary. Thus it is provided, ordered, and 13 signed by me, Don DomCing]o 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 SCa]n AntConi]o de Bexar, 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; at this Royal Presidio of CSan Antonio de] Bexar, on the thirteenth day of the month of April, 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 Ccross3 Jose Pl6Lzido de Monz6n Pedro Dfas del Castillo CD.S., 12v-13 pp., in E. 4/5/1783-6/20/17833
20 Notification On the said day, month, and year, I, Don 13v Jose // P3.azido de Monzdn, one of the attendant witnesses with whom the lord governor of this province acts in the absence of a notary, in order to put into effect that which was ordered in the decree aforegoing, did go to the guardhouse of this presidio, where Don Felipe Flores is imprisoned, and in person did make known to him the provision aforegoing. When he had heard it, he stated that he was prepared to go to the house of his brother Don Juan Jose Flores to seek application of medicaments. CHe said that] at the same time he would comply with the spirit of the said provision in all the other parts which it contained. As this was all he stated on the matter, he signed Cthis record] with me, as evidence whereof I place it in the proceedings. Ccross] Jose Pl9,zido de Monzon Phelipe Fl6rez CA.D.S., 13-13v pp., n E. 4/5/17$3-6/20/1783] Bail Bond 14 Since the cause formed against.felipe Flores has been defini- At the Royal Presidio of San AntConi]o de Bexar and villa of San Fernando, on the fourteenth day of the month of April, in the tively determined, let the year seventeen hundred eighty- 14 present instrument be cancelled three, before me--don Domingo and nullified and the sureties Cabello, Colonel in the Royal
21 exonerated and discharged from the obligation to which they bound Armies, Governor and Commandant of Arms of the Province of Texas, themselves. [All this] is noted its Missions, Conquests, and in this margin that it may be evidenced for all time. And it shall be made known to the said sureties for their information. Royal Presidio of SCa]n Antonio de Bexar and villa of SCa]n Fernando, on the eighteenth day of the month of June, in the yearseventeen hundred eightythree. Cabello CM.N.S., 11+ p., in E. 4/5/1783-6/20/17833 Frontiers, Captain of the Cavalry Company of the Royal Presidio of San Antonio de Bexar, 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--there appeared, being present in person, Don Pedro and Don Juan Jose Flores, residents of this abovenamed presidio and villa, whose acquaintance I attest. They stated that by this present Cinstrument] they make secure bond, jointly and severally, receiving on bail--being hereby constituted as constables [to be his] jailors and keepers--the jailed and imprisoned Don Felipe Flores, brother of the aforenamed Csureties] and suspect accused by Don Fernando de Beramendi, regidor de cano of the ayuntamcien]to of this above-named villa, of an illicit relationship undertaken with the wife of AntConi]o del Toro, also known as Chiber. CTo these conditions l4v the bondsmen] are considered to have // given consent. They waive
22 the laws of ent ^.eay r^ueba, and they oblige themselves Cto see] that the above-named shall have as a jail the house of his afore-mentioned brother Don Juan Jose Flores while being treated and convalescing^'from the pain with which he is taken, and that he shall not break out of it or leave it in any way. [The sureties] shall produce [the suspect3 or return him to the prison whence they received him, as soon as he is well and free of the above-mentioned misfortune, or if and when it shall be so ordered by me. Concerning this they waive the law s'imu^., an de liber homo. And if they do not return him, or if the afore-mentioned Don Felipe Flores dies, they shall be liable for him; they shall stand trial and shall pay whatever is adjudged against him and [whatever is his3 sentence in all suits [against him], in addition to the expenses and fees of [the proceedings] conducted, to which Cjudgement3 they shall be considered condemned immediately and with no further declaration. And therefor they make their own cause irrelevant. They renounce the law ^ecgsserit ff qui^atisdare co^antur, of the effect 15 of which they have been advised. And so that they shall comply Cwith this agreement] they obligate their persons and goods, movable and fixed, which they hold or shall hold, and they give full power to all and any justices and judges of His Majesty who can or ought to know of the said cause, who are of the district in which they are. located, and especially to those of this province. They submit themselves to their jurisdiction and they renounce their own fuero, jurisdiction, and domicile, and the law si comvenerit de iurisdictione omnium iudicum, so that [the 3ustices3 may with the full rigor of
23 law compel them thus to comply and pay [what is adjudged against thema, as if it were a definitive sentence of a qualified judge, consented to by them and passed upon the matter tried. They waive hereupon all the laws in their favor, and in particular the one which says that a general waiver of laws [renders] an act n'on vala; in witness whereof [the sureties] have signed Cthis bond] with me, before the es with whom I act in the absence of a notary, doing so on 15v // this plain paper, as there is none stamped. This I certify. DomCing]o Cabello Pedero Csic] Fl6rez JuCa]n JCose]ph Flores LRubric] Ccross] Jose Plazido de Monz6n Pedro Dias del Castillo CD.S., 13v-15v pp., in E. 4/5/1783-6/20/17837
24 Ccross7 Don Domting]o 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 SCa]n AntConi]o de Bexar, 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 To Your Grace Senor BCachille]r Don Pedro Fuentes, rector in charge of the parish [church] of this villa of SCa]n FernCan]do and presidio of SCa]n AntConi]o de Bexar, vicar and ecclesiastical judge of the district thereof, I make known that in a cause which was appealed to my jurisdiction by Felipe Flores, Ca resident] of this vicinity, and which was initiated without the formalities of law by Don FernCan]do de Beramendi, rexidor de cano of the cavildo of the said villa, who held in safekeeping the staff of the alcalde thereof, have promulgated an auto of the following tenor: Auto At the Royal Presidio of SCa]n AntConi7o de Bexar and villa of SCa]n FernCan]do, on the ninth day of the month of April, in the year seventeen hundred eighty-three, I, Don DomCing]o Cabello, Colonel in the Royal Armies, Governor and Commandant of Arms of the Province of Texas, &c., have seen the reply given by Don Fernando Beramendi. In spite of the excuses which he offers 16v for // not having formed the corresponding Ccausa] on Felipe Flores, [his reasons] are not deemed sufficient. For he has proceeded against
25 all that is advised in the royal laws and legal dispositions of the law: from the time he apprehended the person of the above-mentioned Flores until [the hourj of the return of the first-ranking alcalde, in whose absence he had held the staff Cof officea in safekeeping, he had more than sufficient opportunity to have formed and conducted the auto prebencional of the said causa, in which it would not have been,necessary to expend so much paper or time as he has [spent] in giving the aforegoing reply. And if he had sent it on the same day to the regular alcalde, it would have served as grounds for the continuation of the said sumaria without leaving [the case7 in its present inconclusive state and making elusive a trial which ought to have been pursued without any.delay or the stupidity with which [the matter] has been handled by the afore-mentioned Don Fernando Beramendi. CBut the improper procedure has occurred] to the detriment of the said Flores and injury to public vengeance, having slowed the course of the culprit's punishment, leaving me with the laborious task which I must undertake for the substantiation of this cause, with well recognized harm to the serious and important matters pertaining to the royal service in which I am involved. And since I must attend to all the 17 aforesaid eircumstances; and so that the penalty imposed on Don // FernCan3do Beramendi for his excess, fault, and omission in proceeding with the discharge of the duties of alcalde, which he exercised, may serve as a broad example in order to avoid the devastation Cof due process3 which others might commit in the exercise of similar offices; and Cfinally7, in order to impose on Felipe Flores the
punishment to which he is liable: I must command and do command that steps be taken towards verification of the charges alleged by Don FernCanJdo Beramendi against the aforesaid Flores, the first [evidence] of which is that Sen`or Bacha,I,Ier pon Pedro Fuentes, rector and vicar of the parish [church] of this villa, had denounced him for the concubinage in which he had involved himself with the wife of AntConi]o de el Toro, also known as Chiber, and for other [crimes] mentioned which relate to this matter. Let an exorto containing this auto be sent to the said SCefi]or rector'and vicar [advising him] that hereunder he shall kindly certify in the manner most suitable to him whether the [statements about the] Christian admonitions made to Felipe Flores to leave the house of the above-said AntConi]o de el Toro are correct. When this is done a statement is to be taken from Don FranCcis]co Flores, so that the proceedings which he conducted during the year he was alcalde, to prevent the afore-cited CFelipeJ Flores' communication with the wife of the afore-mentioned AntConi]o deel Toro, may be evidenced. [A statement shall also be taken3 from Don AnttoniJo de las Barzenas, present second-ranking alcalde 17v Cconcerning proceedings3 / / conducted by him for the same purpose. [Accounts shall also be obtained] from Don Jose Salbador Dias and Juan Leal to account for the meetings which the afore-mentioned Don FernCan]do Beramendi had with them and to clarify and determine whether AntConi3o de el Toro was at his home at the time when the aforenamed Felipe de Flores was there, since that is an especially necessary criterion and one which Don Fernando Beramendi does not mention in his diffuse narration. A statement also shall be taken
27 from him in order to make available this important prerequisite information. Thus by means of all these Cfacts7 this cause may be brought to its appropriate state. Thus I have provided, ordered, and affixed my signature, 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._==domcingjo Cabello_==Jose Pl'azido de Monzon, _c=pedro Dias del Castillo,. Continuation With this in mind, and so that what has been provided may have the most due compliance, I exhort Your Grace, Seflor BCachille7r Don Pedro de Fuentes, priest in charge of the parish Cchurch] of this afore-mentioned villa of SCa]n FernCan7do and presidio of SGa3n AntConi7o de Bexar, vicar and ecclesiastical judge of the district thereof; on behalf of His Majesty (God save him!) and on my own Cbehalf] I beg, charge, and entreat you do deign to be informed of the above-contained auto, that 18 in view thereof you may hereunder certify, in the manner in which you are most able, whatever may have been evidenced to you concerning the concubinage to which Felipe Flores has often lowered himself in this area with the wife of AntConiJo de el Toro, also known as Chiber, and on his having done his duties with Don Francisco Flores during the time [the latter] was first-ranking alcalde of this villa. CI request the information7 so that I may curtail such disorder. CBut] I shall postpone execution Cof continued proceedings3 awaiting that which is essential in order to put the said cause in the appropriate state, for
28 the better administration of justice, which I shall do at such time as I shall see your letters. Done at this Royal Presidio of SCa3n AnttoniJo,de Bexar and villa of SCaJn FernCanJdo, on tenth day of the m,onth of April, in the year seventeen hundred eighty-three; 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. DomCingJo Cabello CRubricJ Ecross7 Jose Plazido de Monz6n CRubric3 Pedro Dfas del Castillo CRubric3 CD.S.,'16-18 pp., in E. 4/5/1783-6/20/17833
29 Ccross] BCachille]r Don Pedro Fuentes, Rector in Charge of this villa of San FernCan]do, Cat the] Royal Presidio of San Antonio de Bejar, Vicar Cand] Ecclesiastical Judge of this Province of Texas and the District thereof===having seen the exorto aforegoing-=_ I certify, inasmuch as I am able and as I am permitted by law, that on two different occasions during the proximate past two years I fraternally admonished, required, and ordered Felipe Flores [to do what is stated] in the very content of the above-quoted auto: that he leave the house [of Antonio del Toro and quit7 the crass relationship which, as I was informed (by whom, he knew well and ought to know, and here it is not necessary to say), he was having with the wife of AntConi]o del Toro. Having also mentioned and observed the aforenamed Flores' obstinate disobedience, I advised and beseeched the senores judges of this afore-mentioned villa to apply the due remedy in this matter.=== And in order that [the information] may be evidenced to Senor Colonel Don Domingo Cabello, governor of this afore-cited province, for such purposes as are or may be appropriate, and as he asks of me, I give [this document] at the aforenamed villa on the twelfth of April, in the year seventeen hundred eighty-three. BCachille]r Pedro Fuentes trubric] CA.D.S., 18v p., in E. 4/5/1783-6/20/17833
30 Decree Whereas the aforegoing certification was received today in response to the exorto sent to Seflor Bachiller Don Pedro Fuentes, rector in charge of this villa of SCa]n Fernando and royal presidio of SCa]n Antonio de Bexar, vicar and ecclesiastical judge of this province of Texas; let [the reply] be added to the cause being pursued against Felipe Flores; and let steps be taken to procure the declarations ordered in the auto promulgated on the ninth day of the present month, found on pages 8 to 10. Thus I, the above-named governor, have provided, ordered, and have affixed my signature, on the fourteenth day of the month of April, in the year seventeen hundred 19v eighty-three, 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. Cabello Ccross] Jose Plazido de Monzon Pedro Dias del Castillo CD.S., 19-19v pp., in E. 1+/5/1783-6/20/1783] lst Witness Declaration of Don FranCcis]co Flores de Abrego, of this vicinity, 60 years of age. At the Royal Presidio of SCa]n AntConi]o de Bexar and villa of SCa]n FernCan]do, on the twenty-fourth day of the month of
3]. April, in the year seventeen hundred eighty-three, I, the aforenamed governor of this province of Texas, in order to execute that which was ordered in the provisions aforegoing, did cause Don FranCcis7co Flores de Abrego, a resident of this presidio and villa, to appear. 20 When he was brought // into my presence, I received from him, before the es with whom I act in the absence of a notary, his oath, which he swore by God Our Lord and Cwith7 a sign of His Holy Cross in due legal form, and which he validated by saying "I do so swear" and "amen". CHe wasj asked whether, during the past year seventeen hundred eighty-one, when he was first-ranking alcalde, he had admonished and required Felipe Flores, Ca resident7 of this vicinity, not to enter the house of AntConiJo del Toro, also known as Chiber, for reasons the witness had for proceeding to CimposeJ this requirement._==he replied=_cthat it was quite true he had required the said Felipe Flores not to frequent or enter the aforesaid house of AntConiJo del Toro. For he had been denounced for living illicitly with Cdel Toro'sJ wife. To this was added a suggestion made to the witness by the sceffjor rector and parish priest of this villa, that since he was alcalde, he should remedy, inasmuch as he could, the scandal being occasioned by this particular matter. By virtue of all this, and in fulfillment of his duty Cthe witness said that3 he pro- 20v ceeded to effect the afore-cited requirement /j before the abovesaid Felipe Flores, and did so several times. This was all he had to say on what was asked of him, and when this his statement had been read to him, he said that it was correctly set down and that he had nothing to add to or delete from what he had stated, which he confirmed
32 and ratified under the charge of the oath he had taken. He is over sixty years of age, and though the general impediments to testimony are applicable to him with respect to Felipe Flores, since CFelipe] is his consanguine nephew, he has not therefor failed to tell the truth on what he has been asked; in witness whereof he signed [this statement] with me, 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. Cabello FranCcis]co Flores Ccross] Jose Pla zido de Monz6n Pedro Dfas del Castillo CD.S., 19v-20v pp., in E. 4/5/1783-6/20/1783]
33 2nd Witness Declaration of Don Immediately thereupon, on the said day, Jose Salbador Dias, proccur7s,cdo7r gcenejral of this month, and year, in the same presidio villa, 36 years of and villa, I, the aforesaid governor, age in order to execute that which was ordered in the provisions aforegoing, did cause Don Jose Salbador D as, procurador gcene]ral of the above-named villa, to appear. When he was brought into my presence, I received from him, before the attendant witnesses with whom I act in the absence of a notary, his oath, which he swore by God Our Lord and CwithJ a sign of His Holy Cross in due legal form, and which he validated by saying "I do so swear" and "amen". When he had been read the reference to him made by Don FernCan7do Beramendi in the notification given him, found on page 6 verso, he said that all the account contained in Don Fernando Beramendi's statement on pages 6 and 7 of these proceedings was correct in its quotations of the witness. This was all he had to say.===askedw..if he knew whether_antconi7o del Toro, master of the house which the aforesaid Felipe Flores was seen entering and leaving, was there,=_she replied=_=that he did not know whether the abovesaid AntConi7o del Toro was or was not in his house afore-mentioned. 21v Asked===// whether he was aware or knew as a certain fact that the afore-mentioned Felipe Flores had been living illicitly with the abovementioned AntLoni7o del Toro's wife, =he replied that he did not know it in the said way Cas fact7, but from having heard it said to
several persons in the neighborhood.w.==asked===who the said persons were,=,:he replied that Cthey werej Juan Leal and Jose MigCueJl Games, who, being neighbors, noticed the wrong relationship which the said.flares had with the afore-mentioned wife of CAntonio d3el Toro. This was all Cthe witness] had to say on this matter, and when he had been read this his declaration, he said that it was correctly set down, and that he had nothing to add to or delete from what he had declared, which he confirmed and ratified under the charge of the oath which he had taken. [He also stated3 that he was thirty-six years old and that the general impediments to testimony were not relevant to him with respect to the aforenamed Felipe Flores and Don FernCan7do Beramendi, but that he had not therefor failed to tell the truth concerning what he had been asked; in witness whereof he signed [this statementj with me and the es with whom I act in the 22 absence of a notary, doing so on this plain paper, as there is none stamped. This I certify. Cabello [Rubric3 JCose7ph Salvador Dias [Rubric3 Ccross7 Jose Plazido de Monz6n [Rubric3 Pedro Dgas del Castillo [Rubric3 CD.S., 21-22 pp., in E. 4/5/1783-6/20/17833
35 3rd Witaess Declaration of Juan Leal, a resident of this presidio, 35 years of age At the Royal Presidio of SCa]n AntConi]o de Bexar and villa of SCa]n FernCan7do, on the twenty-fifth day of the month of April, in the year seventeen hundred eighty-three, I, the aforesaid governor of this province of Texas, in order to execute that which was ordered in the aforegoing provisions, did cause Juan Leal, a resident of these settlements, to appear. When he was brought into my presence I received from him, before the es with whom I act in the absence of a notary, his oath, which he swore by God Our 22v Lord and [with] a sign of His Holy Cross in due legal form, which he validated by saying "I do so swear" and "amen". He was Cthen] read the references which Don FernCan]do de Beramendi made of him from page 6 to Cpage] 7 and which Don Jose Salbador Dias Cmade7 on Cpage] 21 verso. He said that, when he had been asked by the abovenamed Beramendi and Dias whether he, as AntConi]o del Toro's neighbor, knew whether [del Toro's] wife was living in an illicit relationship with Felipe Flores, he had replied to them that he was unable to tell and that he had only seen him entering the said house at all hours. [The witness had also told Beramendi and Dias] that at one time the afore-mentioned Cdel] Toro had told the witness that he was ready'to give the said Flores a few blows [with a stick], since he was already tired of telling him to move from his house, that he did not want him to live there or enter it. But he did not clarify his motives for saying [these things] to Beramendi and Dias. [Nor did he say] that, if they wanted to verify the said Flores' entry into Cdel] Toro'
36 house, they could come to the door of the house where the witness 23 lived and they would see that CFlores] entered [del Toro'sJ house at an hour which excited lust, as he in fact did on one night, the date of which Cthe witness] did not remember. But he did Cremember] that on the following [day] he saw the afore-mentioned Felipe de Flores imprisoned in the guardhouse at this presidio.= [He was] asked===whether the witness was there on the night Don Fernando Beramendi and Don Jose Salbador Dias placed themselves [in hiding] to find out whether Felipe Flores entered the house of Antonio de el Toro.===He replied===that he had not, and that he had been at a ranch outside this presidio. [He said] that this was all he had to say on what he had been asked. When he had been read this his,declaration, he said that it was correctly set down, and that he had nothing to add to or delete from what he had declared, which he confirmed and ratified under the charge of the oath which he had taken. CHe said] that he was thirty-five years of age, slightly more or less, and that 23v the general impediments to testimony were not applicable to him // with respect to any of the persons he had mentioned. And since he did not know how to sign, he made a cross mark, and I signed [his statement] with the attendant witnesses with whom I act in the absence of a notary, doing so on this plain paper, as there is none stamped. Cabello [cross, mark of Juan Leal]
37 [cross] Jose Plazido de Monz6n CRubric7 Pedro Dias del Castillo CRubric3 CD.S., 22-23v pp., in E. 4/5/1783-6/20/1783J 4th Witness Declaration of Jose MigCueal Games, XEnbalido soldier in this company, 58 years of age Immediately thereupon, on the said day, month, and year, in the same presidio and villa, I, the aforesaid governor, in order to pursue the reference which. Jose Salvador Dfas makes to Jose Miguel Games, an ymbalido soldier at this presidio, did cause CGames] to appear. When he had been brought into my presence, I received from him, before the attendant 24 witnesses with whom I act in the absence of a notary, his oath, which he swore by God Our Lord and with a sign of His Holy Cross in due legal form, Cand which he] validated by saying "I do so swear" and "amen". When he was read the reference made to him by the abovecited Don Jose Salbador Dias, found on page 21 verso, he said that the reference he disclosed to Jose Salvador Dias was true, and that he had deduced this news from [the factj that AntConiJo del Toro's wife, in a conversation she had had with the witness, had led him to believe that she was having an illicit relationship with Felipe Flores. Adding to this [the fact] that he saw the said Flores at the afore-mentioned house, as was whispered by several persons, the witness came to believe that [references to] the illicit friendship