59

Year . . . . . . . . . . . . of . . . . . . . . . 1779

Active demand submitted by d[o]n Ger6nimo Barrera,

resident of the Province of Coahuila, against don

Juan Josef Montes de Oca, resident of this Royal

Presidio and Villa of San Fernando, requiring the

latter to make good the sale of some lands called

the Zause, or to pay him the amount of three hun-

dred and fifty p esos in which they were sold.

Num. 45

Gero'mimo Barrera vs. Juan Jose` Montes de Oca, re-

quiring the latter to make good the sale of some

lands called the Zause, or bonify him in the amt.

of $3,00 [ $300 . 00] .

v// [Blank]

60

5//

[Dear] Sir:

[Cross]

Senor Governor

[I], Gero'nimo Barrera, resident of the Villa of

Coahuila, with due respect appear present in this

[Villa of San Fernando before the greatness of Your

Excellency, and with greatest respect I state that

d[o]n Juan Joseph Montes de Oca, resident of this Royal

Presidio of S[a]n Anto[nio] de Bexar, contracted with

my deceased father a certain debt which increased up

to the amount of three hu.ndred. and fifty esos. To

satisfy it, [Montes de Oca] issued a corresponding

1. 0. U. or promissory note, and not fulfilling the

debt in a long time, my deceased father came from that

Villa to this one in the year of [seventeen hundred and]5v

sixty-eight to request// payment from the referred

Montes de Oca. At the time of the requisition, he said

to my father that he was at the moment without suf-

ficient cash to satisfy [his payment], [but that] he

could pay him only if [my father] would accept two plow-

.lands [and] ten days of water, along with the cattle

lands corresponding to Marl'a. Quinones from whom he said

he had obtained all the already mentioned. This ap-

pears in the deed of sale which,with agreement of my

61

aforesaid father took place in the same year, and before

the mayor d[o]n Marcos de Castro.

Upon [the mentioned] deed, the superior integrity

of Your Excellency can base the demand of my rights.

For the foregoing purpose, I include and present [the

deed of sale] for the justification of Your Excellency's

proper action.

Being null and void all contained in the said

deed, I could not, in any way, achieve payment of the

cited amount, even after granting legal power to don

Santiago Peres, also resident of this aforesaid presidio.

For greater exposition of this case, I also make [the

aforesaid instrument] present to the superiority of6

Your Excellency, and I make notice// that since the

day of my arrival to this referred presidio, I have

requested [payment] at [the debtor's]house at least

ten times so he would pay me7.and I would have exempted

from bothering the superior attention of Your Excel-

lency. Not having accomplished it, I hope you would

deem excuse my long exposition and would command the

aforesaid Montes de Oca to make the due payment, being

this of justice.

Therefore, and in the manner prescribed, I en-

treat Your Excellency to do and provide as I have

asked, for it is just and merciful, notifying the

62

referred don Juan Joseph Montes de Oca he should refund

the costs charged for the request of the said payment.

I also request fromYour Excellency to accept

this instrument on the present ordinary paper, for

there is no stamped paper available. I swear to that

prescribed, and to what is necessary.

Ger6nimo Barrera

(Rubric)

[D.S., 5-6 pp., in E. 8/26/1779-1/.11/_1780]

63

I acknowledged the preceding instrument as admit-6v

ted, along with the referred legal documents.// By

virtue of the presented deed of sale and power of at-

torney being legal, and because the beneficial conveyance

of the lands and others that d[o]n Juan Joseph Montes

de Oca from this community sold to don Christobal

Barrera, resident of the Yjill]a of Coahuila, has not

been achieved, the referred d[o]n Juan Joseph de Oca

should be notified, that at the end of three days he

should give the attorney representative of don Christobal

Barrera, the lands and others described in the said

deed of sale, or [should refund] three hundred and

fifty p[eso]s which were paid to all his satisfaction

by effects of its content, with the understanding that

it will be proceeded to that prescribed by law.

Thus I provided, ordered and signed, I, d[o]n

Dom[ing]o Cabello, Colonel of the Royal Armies, Governor

and Commander of the army of the Province of Texas,

its missions, conquests and frontiers; Captain of the

cavalry division of the Royal Presidio of S[a]n Ant[oni]o

de Bexar; Inspector General of the military divisions7

of the said// province, and commissioned to inspect the

cavalry division of this Royal Presidio and the one

of La Bahia del Esp[iri]tu S[an]to by commission con-

64

ferred by the senor commandant general of the internal

provinces of this kingdom of the New Spain.

Done in the Royal Presidio of S[a]n Ant[oni]o

de Bexar, and V[ill a of S[a]n Fern[an]do, on the

twenty-sixth day of the month of August of the year

of one thousand seven hundred and s.eventy-nine, before

my attesting witnesses with whom I act inthe absence

of a notary, and on this ordinary paper for there is

no stamped paper available. I certify.

And fifty corrected - Valid -

Cabello

(Rubric)

Josef Plazido de Monzo'n Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Witness

[A.D.S., 6-7 pp., in E. 8/26/1779-1/11/1780]

65

Notification On the said day, month and year, I,

don Jose Plazido de Monzon went by

the residence of d[o]n Juan Josef

Montes de Oca, and although I had done it on three [dif-

ferent] occasions, it was not until the fourth time

that I could make effective the preceding notification,7v

a verbal order from the s[eno r// governor of this

province. And having done it in the presence of the

said Montes de Oca, he stated and answered that since

he had to cross-demand the accusation made by d[o]n

Jeronimo Barrera and the one ordered by the said s[e]nor

governor, he requested that a copy of the original

document should be taken by a notary, so he could

proceed in the most convenient manner.

In witness thereof, I took it down as part of the

proceedings.

Josef Plazido de Monzon

(Rubric)

[A.D.S., 7-7v pp., in E. 8/26/1779-1/11/1780]

66

8// I, Juan Joseph de Oca, resident of this Villa of

San Fernando and San Antonio de Bexar, appear before

Your Lordship senor Governor and Commandant Inspector

don Domingo Cabello, and say according to law and to

what convenes [best] to my rights, that notwithstanding

Your Lordship's justful order notifying me on the twenty-

sixth of August of one thousand seven hundred and

seventy-nine, that within three days (which would be

on the twenty-ninth of the same month), I should re-

fund in cash the amount of three hundred and fifty

P[esos demanded before Your Lordship by Ger6nimo

Barrera, resident of the Villa of Coahuila, legitimate

heir of don Christobal Barrera, deceased, [also] resi-

dent of the said Villa of Coahuila, by virtue of the

deed of sale which I gave the said don Christoval

Barrera in this Villa about the lands belonging to me

in the Hacienda el Sause, jurisdiction of the said

Coa.huila, and which now have originated the prejudice

that the lands have been taken away from them; or, if

not refunding the said amount, I should restore to the

plaintiff the quiet and peaceable possession of the

referred lands, by obligation of the contract given.

I entreat Your Lordship to consider hearing the fol-

lowing reasons I would explain to my favor:

There is no doubt that judicial instruments, I

67

mean those made with all the requisites ordered, com-

manded and established by our civil rights - common as

well as municipal, - enjoy an inviola.ble sacredness so

absolute and respected in the fulfillment of that

stipulated within, that if it would not be for this,

the order of the contracts would be upset; all the8v

monarchial order would fluctuate, not keeping the//

towns I know within the due peace and justice. [Ac-

cording] to the Statute Law or [the] adversary, I am

so.convicted of what now seems against me in Your

Lordship's tribunal, that I necessarily have to pass

through one of the two conflicts, [either] return the

amount demanded, or restore peaceable possession of

the lands.

My conscience is not an arcanum visible to God

only, but to Your Lordship also. To this matter I

will make a faithful narration of the truth, and if

[the truth] is not this way, I shall be accused of un-

faithfulness.

It happened that in that year of [seventeen hun-

dred] and sixty-eight to sixty-nine, the aforesaid don

Christ6bal, the same one mentioned in the deed, came

to this Villa. He stayed at the house of d_,on Juan

Andr6s Travieso, being the purpose of his visit besides

requesting payment of some small debts [he had] in

68

this [place], to negotiate with me. As well known

friends, [he wanted] me to help him out of the finan-

cial need he had about the determination of setting

for his son, don Matias Barrera, who was studying in

the seminar of Guadelaxara, a chaplaincy for the ac-

complishment of the clerical ordination he was seeking.

By giving him the lands I had in. Coahuila in the

Hacienda el Sauce, since I had a fairly good income

and I was not making any use of them, he could with

them, afford his project. My simplicity, the desire

I have always had to act well, along with that of co-

operating to achieve a holy cause, plus the request of

a friend in such a difficulty, impelled me to tell him

that for such a purpose I would make a free and clear

donation to those lands. He replied that he had a

reason to believe the senor Bishop would not accept

the deed as a donation, that if I wanted to help him,

I should make the instrument a deed of sale. Here it

was where most of my candor, or to say it better, here

it was where most of my simplicity, because without

ponder and looking into the future, which now I regret,

we went to the royal justice vested then on don Marcos

Castro, and I issued the deed of sale without receiving

the price of the land, since we had settled it this9

way. To prove this, I did renounce// the Law Non

69

numerata pecunia [or] money not paid, and others cited

[in the aforesaid deed]. [After] issuing the deed of

sale, he left very grateful, but now I realize how de-

ceived I was.

By looking at the deed of sale it is hard to be-

lieve that I did not receive the price of the sale,

but the [fact] that I did not receive it is so clear

in my conscience that I would. swear it before God, as

witness of the truth, and with a sign of His Holy Cross

before Your Lordship's tribunal and before all the

tribunals of the world, one and a thousand times if

necessary, since this is not the first case showing

that what I am saying is the absolute truth in the

tribunal of my conscience, and [which] could not be

proved in the judicial tribunals for lack of instruments.

I could bring innumerable and authentic instances to

prove it, as in [the case] of Susan, who was sentenced

to death by false witnesses, and the prophet found out

about the maliciousness of the witnesses. This case

is of evidence in Chapter thirteen from Daniel. [Also

the case] of San Estanislao, Bishop and martyr in

Cracobia, of Poland, having bought a piece of land in

which he built a church, he paid the price without

having a deed issued by the seller, a man named Pedro.

Because of the kindness of one and the other, the Saint

70

was accused before the King of Poland as usurper of the

said la.nd. [The Saint] denied [the charge], and when

the King did not pay attention to his statement, he

offered to bring the seller, who had been dead for

three years, to the presence of the King, as he did,

everybody being astonished and horrified. Likewise,

[I could cite] a thousand [more cases]. In this man-

ner, I wish there would be a prophet, or that I could

bring don Christobal Barrera back so he would tell

the truth and prove my innocence. But because of our

lack of faith these means are not easily achieved;

therefore, I appeal before Your Lordship's tribunal

of justice and mercy, that through this [,present in-

strument] you would see the reasons which I allege.

The oath I offer, because of its trueness, would

carry a lot of weight and would make justice balance.

In addition, for major glory of God-and not mine, I

say that I am a Christian and I have always been9v

notoriously good//. in this vicinity, performing

justice many times in it, and serving in the official

councils without ever being charged with any vice.

Being I sixty years of age, and consequently very close

to death, I do not want to lose my soul by usurping

what belongs to my neighbour.

It would be also helpful to know that d`on Christobal

Barrera was a poor man, a great deal more than I, and

I offer to prove it with witnesses that knew he could

not get three hundred and fifty pesos in cash or ef-

fects to pay as a price for the said lands. The eye

witnesses who will certify iny statement that the men-

tioned Barrerawas poor, because of the notoriousness

here as well as in Coahuila,.of the carriage he brought

with him, and his personal appearance when he came to

the said negotiations, are don Marcos de Castro, mayor

at that time; don Juan Andres Travieso in whose house

he stayed, and which was actual regidor of this Villa;

don Joseph Ma.rcelino Martinez, likewise regidor of this

Villa; don Jacinto Delgado, mayor that has been of

this Republic; don Ygnasio Lorenso de Armas and don

Ygnasio Calvillo, all competent witnesses and free

of all the general exemptions from testifying. From

these depositions, it can be determined the legitimate

conclusion which I am trying to make evident: that to

a man of the condition of don Christobal Barrera, it.

would have been not.only very difficult, but almost

morally impossible to have such a large amount of three

hundred and fifty pesos, to give as payment for the

referred lands.

Assuming, but not agreed, that I had received the

money, I want to convict myself, and I am going to

72

defeat the plaintiff with his own arms. By virtue of

the deed given by me, don Christobal Barrera went and

took quiet and peaceable possession of the lands, as

it is of evidence in the visit in inspection from the10

senor governor don Jacobo Duarte, original// which

follows the same deed of sale that Your Lordship has

[probably seen]. This [visitation] ordered, that'with-

in three days from the prescribed date, the interested

heirs of the lands described in that instrument should

appear before the senor Juez privativo, under penalty

if not doing so within the prescribed time, to ask for

the lands and [claim] their acquired rights to them.

Such trifles do not refer to me, but to the Barreras,

who were the actual owners. It is in this manner that

it was not my fault that someone else, seeing the in-

dolence of the actual possessors, in spite of the

warning in the order of the visitation to go to the

!uez -privativo to secure auction, had done it and had

taken the lands away, [especially] when [they] could,

have fixed it with the said judge, or by paying a tax

to the King our sovereign, as commanded by the laws of

the Recopilacion de Indias.

Therefore, I should not be compelled to restore

possession of the lands, nor to give the money [back],

because, since they were the indolents, they should

73

take the punishment. On the other hand, why did they

not make an immediate demand to me so that through my

own person and under my [own] expenses, I would have

made a cross-demand and, making this my cause, I would

have been a defendant as promised in the deed of sale,

until leaving them or restoring a peaceable possession,

or refunding the received price. But now, they have

given a chance for someone else to take possession [of

the lands] for over three years, against which [period

of time] there cannot be a demand [or] claim according

to the Law Ex trian niali Possetione nulla lispotest

moveri, them having remained up-to now as quiet as in

church.

For better evidence of the aforesaid, I state

the following case: I sell a horse for one hundredlOv

pesos, but// without [issuing] a deed because the

raiser [of the horse] is in Laredo. The buyer said

for the raiser to go by [his place] so he can issue

a deed to him, but he does not do it. [The buyer] ar-

rives at Coahuila, and since the horse is making too

much noise, among others, [the horse] is seen by a

judge, who.:- through a judicial order, commands the

owner to sell the horse. [The owner] also ignores the

order. The horse is taken away by one of the heirs

of the horse's brand, and [the buyer], although he has

74

a receipt for the one hundred pesos will not have

auction for the refund. The.same thing happens in

this lawsuit. Knowing [the plaintiff] that the lands

had not [yet] been given away by the Iuez privativo,

[although] having been ordered by the decree of the

visit of inspection under the penalties established

therein, they insisted on their indolence remaining

silent as if dead, coming afterwards demanding for

me to pay for their indolence by refunding the money

or restoring the lands. It is an impiety to expect

Justice to allow such a thing. If a free donation

made in the tribunal of conscience could now be un-

done, I should force them to give the lands to my

peaceable possession, since they were lost because of

their indolence.

I also state that it is absolutely true I owned

such lands in the Hacienda el Sause, a fact I authen-

tically prove with the decree of the visit of inspec-

tion of the senor governor, since he would not have

visited a false deed or a[deed] from lands which did

not exist, nor would he have ordered the plaintiff to

appear before the juez Privativo. I do not know why

the se.n.or juez of Coahuila certified that there were

not, nor had ever been such lands at the said place11

that I could sell as mine,// because the purchaser

75

knew very well what I was giving him, since he was not

a foreigner in Coahuila. If [the lands] were not there,

they should immediately have demanded [the refund] of

the money, instead of waiting twelve years.

Therefore, I humbly ask and entreat Your Lordship

to do and provide as I ask, and to admit this in-

strument on the present paper for there is no stamped

paper available. I swear I do not act with malice

and to that prescribed, etc.

Ju[an] Joseph Montes de Oca

(Rubric)

[A.D.s., 8-11 pp., in E. 8/26/1779-1/11/1780]

76

I order that without detriment to the executive

channels, a notification should be given to don

Ger6nimo Barrera.

Thus I provided, ordered and signed, I, d[o]n

Domingo Cabello, Colonel of the Royal Armies, Governor

and Commandant of the army of the Province of Texas,

its missions, conquests and frontiers; Captain of the

cavalry division of the Royal Presidio of San Ant[oni]o

de Bexar; Inspector General of the military divisions

of the said province and commissioned to inspect the

cavalry divisions of this Royal Presidio and the one

of La Bahia del Espiritu Santo by commission assigned

by the s[en]or commandant general of the internal

provinces of this kingdom of the New Spain.

Done on the first day of September of the year

of one thousand seven hundred and seventy-nine, beforeliv

the// attesting witnesses with whom I act in the

absence of a notary, and on this ordiriary paper because

there is no stamped paper available. In witness there-

of, I certify.

Cabello

(Rubric)

77

Witness: Witness:

Josef Plazido de Monzon Manuel Flores de Valdes

(Rubric) (Rubric)

[D.S., 11-11v pp., in E. 8/26/1779-1/11/1780]

78

12// [Dear] Sir:

I, Ger6nimo Barrera, party suing in these proceed-

ings, request the necessary solemnity required by

law, to appear before Your Lordship to state, that I

have seen the notification Your Lordship has just-

fully ordered to be given to me about don Juan Josef

Montes de Oca's answer to my demand. According to

the nature of his exposition, he tries to confuse this

trial with preambles and conjectures, pretending through

this court to exonerate the charges I have made against

him, without realizing he lacks the expressive proofs

for his conclusions. Although I consider myself ig-

norant, it seems to me that he has based [his proofs]

in relation to his si.mple allega.tion..

Being able to increase the debt I have demanded

by presenting other charges to Your Lordship, [such

as] the shipment of seven mules that my deceased father12v

sent// to the said d[o]n Juan Josef Montes de Oca,

[charging] seven pesos per head a year, I do not wish

to do so, since I do not want to reverse or hinder

the executive order [of these proceedings]. I also

have omitted the cost of the said mules, which were

not returned, along with [the cost] of some head of

cattle, that at that time the deed of sale which heads

these proceedings was issued, he delivered on account

79

of Jacinto Hernandes, resident of La Bahia del Espiritu

Santo, who did not have any from the referred Montes

de Oca, delivery which my father backed up, suffering

this and other frauds. I do not wish to prolong this

trial uttering new charges, nor bother Your Lordship's

su.perior attention.

With all respect, I reproduce my request, asking

Your Lordship to deem command the efficacy of my pre-

vious request to which in all and by all I referred

to, attentive to Your Lordship's justified integrity.

By virtue of my demand, and the need of my re-

quest, I entreat Your Lordship to provide as I ask

since it is of justice. With mercy, I hope you will

exercise the most honest [justice] you are accustomed13

to practice,// admitting [also] this my instrument

on this present ordinary paper for there is no stamped

paper available. I swear to that prescribed and neces-

sary, etc.

Ger6nimo Barrera

(Rubric)

[D.S., 12-13 pp., in E. 8/26/1779-1/11/1780]

80

For a better judgment and without detriment to

the executive channels, I order a notification to be

given to don Juan Josef Montes de Oca. After preparing

these proceedings, the notification of them will be as-

signed to one of the attesting witnesses with whom I

act, who in order to leave these proceedings in the

hands of the referred Montes de Oca, [he] should make

[the latter] give a separate receipt upon delivery of

these proceedings [done] on thirteen and a half pages,

not delivering them without such requisite.

Thus I provided, ordered and signed. I, don

Domingo Cabello, Colonel of the royal armies; Governor

and Commandant.of the armies of the Province of Texas,

its missions, conquests and frontiers; Captain of the

cavalry division of the Royal Presidio of San Antonio

de Be`xar; Inspector General of the military divisions

of the said province and commissioned to inspect and13v

organize the cavalry divisions// of this Royal

Presidio and the ones of La Bahia del Esp[Iri]tu

S[an]to, by commission assigned by the se[n]or com-

mandant general of the internal provinces of this king-

dom of the New Spain.

[Do.ne] in this Villa of San Fernando and Royal

Presidio of San Antonio de Bexar, on the seventh day

of the month of September of the year of one thousand

81

seven hundred and seventy-nine, before the attesting

witnesses with whom I act in the absence of a notary,

and on this ordinary paper because there is no stamped

paper available. In witness thereof, I certify:

Cabello

(Rubric)

Witness: Witness:14

Josef Plazido de Monzon Manuel Flores y Valdes//

(Rubric) (Rubric)

[D.S., 13-13v pp., in E. 8/26/1779-1/11/1780]

82

14// Senor Governor

I, Juan Joseph Montes de Oca, resident of this

Villa of San Fernando, in the form prescribed by law,

appear before Your Lordship, obeying Your Lordship's

superior decree of the seventh of September of this

present year, by which a notification of the subse-

quent proceedings presented before Your Lordship was

given to me about d[o]n. Geronimo Barrera's demand, so,

by legal right; I should allege whatever necessary to

my favor. I again reproduce the few arguments I ex-

posed in my first writ, which if they would have

been arranged and framed by an attorney, would, with-

out a doubt, have made a tremendous impression on

Your Lordship.

Christobal Barrera was a poor ma.n. He did not

have anything with which he could buy the two cattle

lands and the ten days of water I had in Coahuila.

In addition to my oath, I offer to prove it with the

seven witnesses I have already mentioned, and with

others if necessary. Christ6bal Barrera was not a

child, but old and mature. He was not ignorant or

lacking judgement, but a man that knew very well what

he was receiving. Fortunately, he had not just ar-

rived from other lands to Coahuila, but he was born

there, and he knew very well I had such lands and

waters in el Sauze, and he came with the purpose of

83

requesting them from me.

Why, after the recognition of the deed, and after

don Christoba.l Barrera's successors were summoned to

appear in the land court for the security of their

right, as customary by law, did not do it, receiving

the punishment provided in the writ of the visitation.

Now they want for me to pay for it, and it cannot be

[right] because the waste of [all] those years to

[claim] the said lands and waters back, was not myl4v

fault.// When a thing lacks blame, the innocent

cannot be indicted, as is proved by all the positive

canonical and civil laws, and even by the na.tural, or

the People's Law.

Why did not Christobal Barrera countercharge me

on time? He lived long after the deed had been issued.

He was not sick, crazy or blind and [yet] he did not

do it by word, nor by a written instrument. His heirs

[did not notify me] even after the recognition of the

deed, the instrument that was issued on the year of

[seventeen hundred] and seventy-two, August 20. [And

even] four years later which was on [the year of seven-

teen hundred and] seventy-six as is of record in the

[instrument] of power of attorney [given] to d[o)n

Santiago Peres, which is included in these proceedings.

Finally, [the plaintiff's] demand encloses too

84

much deceit as Your Lordship will notice if attentive-

ly deem consider the said reasons. If necessary, I

will make this more clear.

Considering all these reasons, it seems that I

am free of D[o].U GerSnimo Barrera's charge against me.

I[must] add, that until the latter and the rest of

d[o]n Christ6bal Barrera's heirs would indemnify,

justify and imputate themselves, that by omission,

the loss of the lands was not in them, although I do

not owe the three hundred and fifty pesos, I will set

them in their hands.

Now I ask from Your Lordship's honest and justful

action to sentence d[o]n Christobal Barrera and his

successors, to restore to me, the loss of the ten days

of water and the said two cattle lands since they were

the guilty ones. If they say that it was my donation

and I should not sue them, we will get to the point

and I will remain silent. But if they insist on

their demand, they should compensate the loss. If

they imputate themselves about their omission, I

will pay the money to them.

D[o]n Geronimo Barrera stated in his first in-

strument, that I gave his father a promissory note

of three hundred and fifty p esos. I ask Your Lord-15

ship to administer an oath to him about this//

85

matter and about the precise clause where he makes

this statement, and Your Lordship will find the obvious

duplicity and deceitfulness of his demand. All I have

said is well based and proved, and I have not left

the proofs of my rights in the relative [form] as d[o]n

Geronimo Barrera stated in his second instrument, he

being the one who left his in the ablative [form].

[Your Lordship] should also administer an oath to

him about the mules that in the said instrument he

established I had from his deceased father, because I

swear I have never in my life had mules [mine or] from

anybody, and this I will also prove with as many wit-

nesses as you would request. My occupation in this

[Villa has been obvious, as well as my practice and

means of support. This is without a doubt another

deceitful charge of the.plaintiff which he will never

by able to prove.

Finally, don Joseph Marselino Martines, present

regidor of this Villa, competent witness, will testify

under oath before Your Lordship, if he knew that what

d[o]n Christo'bal Barrera and I negotiated was a dona-

tion or a sale, since the said Martines came into my

house just at the time when the said Barrera and I

were talking about the said negotiation. With this

and more I will expose if necessary, my justice will

86

be satisfied.

Your Lordship should also summon Jacinto Hernandes,

resident of La Bahia. An oath should be administered

to him [to testify] if I, at any time or in the afore-

cited [time] received heads of cattle from [Barrera]

of anybody; and then Your Lordship would understand

[the pla.intiff's] perverseness.

By virtue of all this, I entreat Your Lordship

to deem provide as I have asked, admitting this my

writ on the present paper because there is no stamped

paper available. I swear this is not of malice and

to what is necessary, etc.

Juan Joseph Montes de Oca

(Rubric)

[D.S., 14-15 pp., in E. 8/26/1779-1/11/1780]

87

15 v//. [After] having seen [the preceding instrument],

and for a better judgment, I command to take the

depositions this party requests from d[o]n Marcos de

Castro, d[o]Li Juan Andres Travieso, d[o]n J[ose]ph

Marcelino Martinez, d[o]n Jacinto Delgado, d[o]n

Ygn[aci]o Lorenso de Armas and d[o]n Ygn[aci]o Calbillo,

so upon the religiousness of the oath will testify if

it is true that a formal transaction did not take place

between d[o]2 Juan. J[ose]ph Montes de Oca and d[o]n

Ch[rist6]bal Barrera about the sale of the [place] el

Saus, but rather this said deed was issued as a dona-

tion in favor of the latter for the purpose of serving

as capital to ordain his son. Also, if the said

Barrera was so poor that he could not have the im-

portance of three hundred and fifty pesos mentioned

in the deed issued by Montes de Oca, as [price] for16

the purchase of the cited place of el Sause.// For

all this, d[o]n Geronimo Barrera should also be sum-

moned to testify about the promissory note between

his father and the said Montes de Oca.

Done this, a dispatch should be sent to the com-

mandant of the Presidio of La Bahia del Espiritu Santo

to take testimony to Jacinto Hernandes, some one

from that presidio, so under the religiousness of the

oath would testify if it is true that the aforesaid

88

Montes de Oca sent him certain number of cattle to be

delivered to d[o]n Ch[risto]bal Barrera, and also if

he had a herd belonging to the referred Montes de Oca,

thus to better proceed as best corresponds with the

law.

Thus I provided, ordered and signed. I, d[o]n

Domingo Cabello, Governor and, Commandant of the armies

of the Province of Texas, its missions, conquests and

frontiers; Captain of the cavalry division of the

Royal Presidio of S[a]n Ant[oni]o de Bexar; Inspector

General of the military divisions of the said Province16v

and eom.missioned to inspect the cavalry divisions//

of this Royal Presidio and the one of La Bahia del

Esp[iri]tu S[an]to by assignment conferred by the

s[e]^or commandant general of the internal provi:nces

of this kingdom of the New Spain.

Done in this Villa of S[a]n Fern[an]do and Royal

Presidio of S[a]n Ant[oni]o de B6xar, on the twenty-

second day of the month of September of the year of

one thousand seven hundred and seventy-nine, before

those attesting witnesses with whom I act in the absence

of a notary, and doing it on this ordinary paper be-

cause there is no stamped paper available. I certify.

corrected two - valid-

Cabello

(Rubric)

89

Josef Plazido de Monz6n Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Witness

[A.D.S., 15v-16v pp., in E. 8/26/1779-1/11/1780)

Notification In the Royal Presidio of S[a]n

Ant[oni]o de Bexar, on the twenty-

third day of the month of September of the year of

one thousand seven hundred and seventy-nine, by order17

of the preceding decree, I notified// d[o]n Geronimo

Barrera in his own presence of that provided in the

preceding decree. He stated he gives himself as sum-

moned to hear the testimony of the witnesses presented

by the part of d[o]n Juan J[ose]ph Montes de Oca,

being himself ready to take the requested deposition,:

[He:] did not sign because he does not know how.

I, the mentioned governor did it. I certify. cor-

rected se - valid.

Cabello

(Rubric)

[A.D.S., 16v-17 pp., in E. 8/26/1779-1/11/1780]

91

Royal Presidio of S[a.]n An[toni]o de Bexar. September

24, 1779.

Explanation The dispatch ordered in the pre-

ceding decree, was sent on this date,

so the commandant from the Royal Presidio of La Bahia

del Esp[iri]tu S[an]to should take the requested

testimony from Jaz[in]to Hernandes. In witness there-

of I took this down as part of the proceedings. I

certify.

Cabello//

(Rubric)

l7v

[A.D.S., 17 p., in E. 8/26/1779-1/ll/178o]

92

17v// 1 rst. Witness. In the Royal Presidio of San

Testimony of Antonio de Bexar, on the twenty-

d[o]n Marcos de eighth day of the month of

Castro, 48 years September of the year of one

of age thousand seven hundred and

seventy-nine, I, d[o]n Domingo

Cabello, Colonel of the Royal Armies; Governor and

Commandant of the Army of this Province of Texas, its

missions, conquests and frontiers; Captas.n of the

cavalry division of the Royal Presidio of San Antonio

de Bexar; Inspector General of the military divisions

and presidial troops of the said province by commission

assigned by the s[en]or commandant general of the

internal provinces of this kingdom of the New Spain,

by virtue of the preceding decree and with the purpose

of taking [the requested] testimony, summoned d[o]n

Marcos de Castro, resident of this Royal Presidio and

Villa of San Fernando, witness presented by d[o]n

Juan Josef Montes de Oca, to appear before me. In

the presence of my attesting witnesses with whom I

act in the absence of a notary and in the presence of

d[o]n Geronimo Barrera, I administered an oath to

[the witness] which he took in the name of God our

Lord, and a sign of His Holy Cross in the prescribed

manner of the law which he ended by saying I swear

93

and Amen, under penalty of which he promised to tell

the truth insofar as he knew and might be questioned,

remaining present throughout, the mentioned d[o]n

Geronimo Barrera.

Upon questioning the aforesaid d[o]n Marcos de18

Castro whether he knew the party// presenting him,

and whether he knew d[o]n Christoba.l Barrera, deceased

and resident that was from the Villa of Coahuila, he

replied he had known the referred Montes de Oca and

Barrera for many years and up to the present.

Upon questioning [the witness] about whether he

knew that when he was mayor of this Villa he issued

the represented deed of sale placed in the first page

second part of these proceedings, he replied after

having seen it, that he had issued it, preceding to

it, the circumstances expressed within.

Upon being questioned whether he knew the said

deed was issued as a donation to serve as capital

to ordain a son of the said Barrera; as well as if

he knew that [Barrera] was so poor he could not have

had the importance of the three hundred and fifty

-Pesos which in effects mentioned in the said deed,

he gave to Montes de Oca as [payment for the] purchase

of the cited Sause expressed therein, the witness

replied that if he would have known such a thing could

94

have preceded between the said Montes and Barrera, he

would not have issued such a deed, and quite the con-

trary, he had always been under the impression that

[the said deed] had been real and valid because all

the circumstances and requisites provided by law,

preceded to it. [The witness] stated he had seen in

Coahuila, that the said Barrera lived decently with

comfort, and [had] a, vineyard that produced him enough

to achieve a comfortable [income] and that he had also

learned that he had some herds.18v

[He stated] this is all he can say about what//

he had been questioned, without having heard anything

against the matters in question. After this, his

statement had been read to him, he stated it was cor-

rect concerning he had nothing to add to what he had

testified, which he affirmed and ratified under the

Qath taken. Although the general exemptions from

testifying pertain him about Montes de Oca because

the latter being married to a sister of the witness,

and because the mentioned Barrera being an uncle of

the said witness, he stated that everything he has

declared is the truth under the oath taken.

He said to be forty-eight years of age. He

signed it with me and those attesting witnesses with

whom I act, doing it on this common paper because there

95

i s no stamped paper available. I certify.

Cabello Ma.rcos de Castro

(Rubric) (Rubric)

Josef Plazido de Monz6n Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Witness

[D.S., 17v-18v pp., in E. 8/26/1779-1/11/1780]

96

19// 2nd. Witness. On the said day, month and

Testimony of year, I, the mentioned governor,

d[o]n Juan for the efficacy of that men-

Andres Travieso, tioned in the aforesaid decree,

43 years of age. summoned d[o]n Juan Andres

Trabieso, resident of this Royal

Presidio and Villa of San Fernando, witness presented

by d[o].n Juan Joseph Montes de Oca, to appear before

me. In the presence of my attesting witnesses with

whom I act in the absence of a notary, and. in the

presence of d[o]n Gero'nimo Barrera, I administered an

oath to [the witness] which he took in the name of God

our Lord, and a sign of His Holy Cross in the prescribed

manner of the law which he ended by saying I swear

and Amen, under penalty of which he promised to tell

the truth insofar as he knew and might be questioned,

remaining present throughout, the mentioned d[o]n

Geronimo Barrera.

Upon questioning the aforesaid d[o]n Juan Andres

Trabieso whether he knew the party presenting him, and

whether he knew d,[o]n Christobal Barrera, deceased

and resident that was from the Villa of Coahuila, he

replied he did know the party and d[o]n.Juan Joseph

Montes de Oca, since all of them were residents of

this Villa. [He had known] the referred Barrera when

97

he had stayed at his home.

Upon questioning the witness about whether he

knew that a deed of sale between the said Montes de

Oca and Barrera, issued in the year of seventeen hun-

dred and sixty-eight about the sale of a place named

el Sause in the Province of Coahuila, was [issued] as19v

a donation for the purpose// of serving as capital

to ordain a son of the said Barrera; and also that the

latter was so poor he could not have had.the importance

of three hundred and fifty pesos, which in effects he

gave to Montes de Oca [as payment] for the purchase

of the expressed place el Sause, he replied that he

was ignorant about the circumstances upon which the

mentioned deed was issued. He only [knew] that

[Barrera] had come to this Villa to request payment

of certain debts; so he was told by the mentioned

Barrera when staying at the witness' home. During

the time he stayed at his home, [the witness] saw

that the said Barrera frequently visited with Montes

de Oca. After the aforesaid Barrera left, he learned

that one of Barrera's debtor was the referred.Montes

de Oca; and that the said Barrera has a decent living

in Coahuila by making vintage and harvesting wheat.

[He stated] this is'all he could say about what

he has been questioned. Upon being asked several ques-

98

tioned. Upon being asked several questions about this

matter, and after answering; he stated he had nothing

to add to what he had already testified. After this

his statement had been read to him, he stated that it

was correct, concerning he had nothing to add to what

he had already testified, all of which he affirmed20

and ratified to be true under the oath taken.//

The general exemptions from testifying do not

pertain him as far as any of the parts. He said to

be forty-three years of age. He signed with me in

the presence of those attesting witnesses with whom I

act, and on this common paper because there is no

stamped paper available.

Cabello Ju[a:n] Andres Albares Trabieso

(Rubric) (Rubric)

Josef Paazido de Monz6n Manuel Flores y Valdes

(Ru.bric) (Rubric)

Witness Witness

[D.S., 19-20 pp., in E. 8/26/1779-1/11/1780]

99

3rd. Witness.

Testimony of

d[o]n Ygnacio

Lorenzo de

Armas, 74 years

of age.

Immediately thereafter, I, the

mentioned governor, for the ef-

ficacy of that mentioned in the

aforesaid, decree, summoned d[o]n

Ygnacio Lorenso de Armas resi-

dent of this Royal Presidio and

Villa of San Fernando, witness

presented by don Juan Josef Montes de Oca. In the

presence of my attesting witnesses with whom I act in

the absence of a notary, and in the presence of d[o]n

Geron.imo Barrera, I administered an oath [to the wit-

ness] which he took in the name of God our Lord, and

a sign of His Holy Cross in the manner prescribed by

law, which he ended by saying I swear and Amen. Under20v

penalty of the oath taken he promised to tell the

truth insofar as he knew and might be questioned, re-

maining present throughout, the mentioned d[o]'n

Geronimo Barrera.

Upon questioning the aforesaid d[o)n Ygnacio

Lorenzo de Armas whether he knew the part presenting

him; and whether he knew don Christ6bal Barrera, de-

ceased and resident that was of the Villa of Coahuila,

he replied that he has known d[o]n Juan Josef Montes

de Oca for many years and up to the present; he also

knew the deceased d[o]n Christ6bal Barrera as well,

100

whom he had met in Coahuila together with all his

brothers; [seeing him] afterwards, when [Barrera] had

come to this Villa.

Upon questioning [the witness] as whether he knew

that a deed of sale, issued in this Villa between the

said Montes de Oca and Barrera, in the year of seven-

teen hundred and sixty-eight before don Marcos Castro,

mayor of first ranking, about the sale of a place named

el Sause in the Province of Coahuila, was [issued] as

a donation to serve as capital to ordain a son of the

said Barrera; and also, if [he knew] that [Barrera]

was so poor he could not have had the importance of

three hundred and fifty pesos which in effects he had

given to Montes de Oca [as payment] for the purchase

of the expressed place el Sa.use, he replied he did

not know about such a deed, nor about the possession

in question. When the witness was in Coahuila, [he

stated] he had seen that the said Barrera had [the21

means of] a decent living by harvesting some wheat.//

Although [the witness] had met [Barrera] several times

when visiting this Villa, he had never learned about

the motives for [Barrera's visit], nor if he had brought

some goods to sell.

[The witness stated] that this is all he has to

say about what he has been questioned. After this his

101

statement had been read to him, he stated that it was

correct, concerning he had nothing to add to what he

had already testified, which he affirmed and ratified

under the oath taken.

The general exemptions from testifying do not

pertain to him as far as any of the parts. He said he

was seventy-four years of age. He signed it with me

and those attesting witnesses with whom I act, on this

common paper because there is no stamped paper available.

In witness thereof, I certify.

Cabello Ygna.cio Lorensoderarmas

(Rubric) (Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

Witness: Witness:

[D.S., 20-21 pp., in E. 8/26/1779-1/ll/1780]

102

4th. Witness In the aforesaid day, month and

Testimony of year, I. the mentioned governor,

d[o]n Ygnacio for the efficacy of that men-21v

Cabillo, 42 tioned in the// aforesaid

years of age. decree, summoned d[o n Ygnacio

Cabillo, resident of this Royal

Presidio and Villa of San Fernando, witness presented

by d[oln Juan Josef Montes de Oca, to appear before me.

In the presence of my attesting witnesses with whom I

act in the absence of a notary, and in the presence

of don Geronimo Barrera, I administered an oath to

[the witness] which he took in the name of God our Lord,

and a sign of His Holy Cross in the form prescribed

by law, which he ended by saying I swear and Amen.

Under penalty of [the oath taken], he promised to tell

the truth insofar as he knew and might be questioned,

remaining present throughout, the mentioned d[oln

Geronirno Barrera.

Upon questioning the aforesaid d[o]n Ygnacio

Cabillo whether he knew the part presenting him, and

[also] whether he knew d[o]n Christoba.l Barrera, de-

ceased, and resident that was of this Villa of Coahuila,

he stated he has known d[o]n Juan Josef Montes de Oca

for many years and up to the present, and that he had

met d[o]n Christobal Barrera at the ranch called the

103

Mules, where he stayed on his way back to this Villa,

when he came to Coahuila.

Upon being questioned whether he knew that a deed

of sale between the said Montes de.Oca and Barrera, is-

sued in the year of seventeen hundred and sixty-eight

when [Barrera_] came to this Villa, before d[o]n Marcos

de Castro mayor of first ranking that was of [the said

Villa , about the sale of a, place called el Sause in22

the Province of Coahuila, was [issued] as a donation//

for the purpose of serving as capital to ordain a son

of the said Ba.rrera; and also that [the latter] was so

poor he could not have had the importance of three

hundred and fifty ep sos which in effects he gave to

Montes de Oca [as payment] for the purchase of the ex-

pressed place the Sause, [the witness] replied that in

regard to the deed of sale, he had not known anything

about the matter, and the only thing he could testify

about, was, that the night when they were together in

the referred ranch of the Mules, being engaged in a

long conversation with the mentioned Barrera, he had

told him that the reason of his visit to this province

was to find a way to arrange some means to support

one of his sons he had studying in the Seminar in the

city of Guadalaxara, and that he was going to collect

some heads of cattle to the said ranch of the Mules,

104

which the witness testified were given as payment [to

Barrera] by someone named Baldes from this vicinity.

[The witness also testified that Barrera] was going to

La Bahia del Espiritu Santo to collect other heads of

cattle given on his a.ccount. by the said Montes de Oca.

Later, in this Villa, the aforesaid Montes de Oca told

the [witness] that he had given [the cattle] to Ba.rrera

because the latter, being so poor, had to come so far

to find a way to support his son.

[The witness] stated this is all he has to say

about what he has been questioned. Upon being asked

several questions about this matter, he stated he had

nothing to add to what he had already testified. After22v

this his statement had been read to him, he stated//

that it was correct, concerning he has nothing to add

to what he had already testified, which he affirmed

and ratified to be true under the oath taken.

The general exemptions from testifying do not per-

tain to [the witness] as far as any of the parts. He

said to be forty-two years of age. He signed it with

me and those attesting witnesses with whom I act, and

on this common paper because there is no stamped paper

available. To all of this, I certify.

Cabello Ygnacio Cabillo

(Rubric) (Rubric)

105

Josef Plazido de Monzon Manuel Flores y Valde`s

(Rubric) (Rubric)

Witness Witness

[D.S., 21^-22v pp., in E. 8/26/177g-1/11/1780]

106

5th Witness

Testimony of

d[o]n Josef

Manual Marce-

lino Martinez,

50 years of age

In the said Presidio, [on the

said] day, month and year, I,

the mentioned governor, for the

efficacy of that mentioned in

the said decree, summoned Josef

Manuel Marcelino Martinez resi-

dent of this Royal Presid.io and

Villa of San Fernando, witness presented by d[o]n Juan

Joseph Montes de Oca, to appear before me. In the

presence of my attesting witnesses with whom I act,

and in the presence of d[o]p Geronimo Barrera; I ad-

ministered an oath to [the witness] which he took in

the name of God our Lord, and a sign of His Holy Cross23

in the form prescribed by law,// which he ended by

saying I swear and Amen. Under penalty of [the oath

taken], he promised to tell the truth insofar as he

knew and might be questioned, remaining present through-

out, the mentioned d[o]n Geronimo Barrera.

Upon questioning the aforesaid d[o]n Josef Manual

Marcelino Martinez, whether he knew the part presenting

him, and whether he knew d[o]n Christ6bal Barrera, de-

ceased and resident that was of this Vi1la of Coahuila,

he replied he has known d[o]n Chr.istobal Barrera for

many years.

Upon being questioned whether he knew that a deed

107

of sale between,the said Montes de.Oca and the referred

Barrera, issued on the year of seventeen hundred and

sixty-eight when [Barrera] came to this Villa, given

before d[o]n Marcos de Castro then mayor of first

ranking of the [said Villa , about the sale of a place

named el Sauze in the Province of Coahuila, was is-

sued as a donation for the purpose of serving as capi-

tal to ordain a son of the said Barrera; and also

[whether he knew] that [the latter] was so poor he

could not have had the importance of three hundred

and fifty pesos, which in effects he gave to Montes de

Oca as payment for the expressed pla:ce of el Sause, he

stated that he had not known the circumstances preceding

the said deed, nor if it had been [a donation]. He

could only state that, having gone one morning by23v

Montes de Oca's house, he met// the referred Barrera

there, and they were talking a.bout the expressed place

of el Sause. He heard.Montes de Oca saying that he

was donating the lands of the said place, to which

Barrera replied he could not receive [the lands] under

those terms because if the senor Bishop would lea.rn

that the said lands had been donated, he was not going

to approve of it, unless they were given under the

proper terms. The witness realizing they were talking

about business, left, not knowing how the said matter

108

ended. [He stated] he knows and he is certain that

the said Barrera had in Coahuila some handfuls of mares,

some land$,,and he was also making wine and bourbon

from a vineyard he had. He also had some mares from

which the witness rented five for two years, paying

the amount [charged], on that same occasion when

[Barrera] had come to this Villa.

The witness stated this is all he has to say about

what he has been questioned. After this his statement

had been read to him, he stated that it was correct,

concerning he had nothing to add to what he has

testified, which he affirmed and ratified to be true

under the oath taken. Although the general exemptions

from testifying pertain to him about Montes de Oca24

because [the latter] being married// twice to two

of the witness' cousins, and being the mentioned

Barrera the witness' cousin in third degree, he stated

that everything he had testified is the truth under

the oath taken.

He said to be fifty years of age. He signed this

with me and those attesting witnesses with whom I act,

and on this common paper because there is no stamped

paper available. To all of this I certify.

Cabello J[ose]ph Man[uel] [Niar]tinez

(Rubric) (Rubric)

log

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

W'itness Witness

[D.S., 22v-24 pp., in E. 8/26/1779-1/11/1780]

110

6th Witness In the Royal Presidio of San

Testimony of Antonio de Bexar, on the first

d[o]n Jacinto day of October of the year of

Delgado, 46 years one thousand seven hundred and

of age. seventy-nine, I, d[o]n Domingo

Cabello, Colonel of the Royal

Armies, Governor and Commandant of the armies of the

Province of Texas, its missions, conquests and frontiers;

Captain of the cavalry divisions of the Royal Presidio

of San Anto[ni]o de Bexar; Inspector general of the

military divisions and presidial troops of the said

province by commission assigned by the s[enor Com-

mandant of the Internal Provinces of this kingdom of

the New Spain.

As a consequence of the decree issued on the24v

twenty-second day// of last month of September,

and for the purpose of taking testimony, I summoned

d[o]n Jazinto Delgado, witness presented by d

Juan Joseph Montes de Oca to appear before me. In the

presence ofmy attesting witnesses with whom I act in

the absence of a notary, I administered an oath to him

which he took in the name of God our Lord and a sign

of His Holy Cross in the form prescribed by law, which

he ended by saying I swear and Amen. Under pena.lty

of[the oath taken] he promised to tell the truth inso-

lll

far as he knew and might be questioned, not being

present j[Q]n Geronimo Barrera on account of being ill

in bed with fever.

Upon questioning the aforesaid don Jacinto Delgado

whether he knew the part presenting hi.m, and whether

he knew d[o]n Christobal Barrera, deceased and resi-

dent that was of this Villa of Coahuila, he stated he

has known the referred Montes de Oca for many years

and up to the present, and he had met Barrera when he

had come to this presidio.

Upon being questioned whether he knew that a deed

of pale between the said Montes de Oca and Barrera, is-

sued in the year of seventeen hundred and sixty-eight,

about the sale of a place named el Sause in the Province

of Coahuila, was a donation for the purpose of serving

as capita,l to ordaina son of the said Barrera; and25

also [whether he knew] that [Barrera]// was so poor

he could not have had the importance of three hundred

and fifty pesos which in effects he gave to Montes de

Oca. [as payment] for the expressed place el Sause, [the

witness] replied that he does not know about the said

deed, nor about the said possession he is being ques-

tioned, because although he had met the said Barrera

in this Villa when he was staying in the house of d[o]_n,.

Juan Andres Trabieso, he had never learned the reasons

112

why he had come, or if he had brought effects to sell,

much less he knows if he was as poor as he has been

questioned.

[The witness sta.ted] that this is all he has to

say about what he has been questioned. After this his

statement had been read to him, he stated to be cor-

rect, concerning he had nothing to add to wha.t he has

testified, which he affirmed and ratified to be true

under the oath taken. The general exemptions from

testifying do not pertain to him as far as any of the

parts.

He stated to be forty-six years of age. He signed

it with me and those attesting witnesses with whom I

act, and on this common paper because there is no

stamped paper a.vailable. To all of this, I certify.

Cabello Jasinto Delgado

(Rubric) (Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Witness

[D.S., 24-25 pp., in E. 8/26/1779-1/11/1780]

113

Blank Page

114

26// I, d[o]n Domingo Cabello, Colonel of the Royal

Armies, Governor and Commandant of the armies of the

Province of Texas, its missions, conquests and fron-

tiers; Captain of the cavalry div.ision of the Royal

Presidio of S[a]n Ant[oni]o de Bexar; Inspector general

of;the military divisions of the said Province and its

presidial troops by commission assigned by the s[en]or

Commandant of the internal Province of this kingdom

of the New Spain.

Inasmuch as between J[ o] n Gero'nimo Barrera, son

of q[wg]^ Christt^bal, resident of the Villa of Coahuila,

and a[o]n Juan Jose Montes de Oca, from this vicinity,

a demand for the amount of three hundred and.fifty

pesos has been followed in my court of justice; and

according to the evidences given by the said Montes de

Oca, I am to take testimony to Jacinto Hernandes,

resident of the Royal Presidio of La Bahia del Esp[zs^i]tu

S[an]to, I order and command the Commandant of the

said royal presidio, to summon the aforesaid Jacinto

Hernandes to appear before him, to testify under penalty26v

of the religiousness of the// oath taken, whether

^[g]^ Juan Jose Montes de Oca gave him a certain num-

ber of cattle to be delivered to A[g]DCh[rist0Jbal

Ba.rrera. [Also] whether he had cattle belonging to

the mentioned Montes de Oca, and whether he paid back

115

the number of heads expressed in the said draft, and

in case he did not pay, [to state] the reason why. His

testimony should be presented in this my office, and

afterward, to this my tribunal.

Done in this Royal Presidio of S[a].n Ant[oni]o de

Bexar, on the twenty-fourth day of the month of

September of the year of one thousand seven hundred

and seventy-nine, before the attesting witnesses with

whom I act in the absence of a notary, and on this

common paper because there is no stamped paper avail-

able. In witness thereof, I certify.

Dom[ing]o Cabello

(Rubric)

Josef Plazido de Monzoi Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Witness

[A.D.S., 26-26v pp., in E. 8/26/1779-1/11/1780]

116

27In the// Royal Presidio of La Bahia del Espiritu

Santo, on the sixth day of the month of November of

the year of one thousand seven hundred and seventy-

nine, I d[o]n Eu.genio Ferna`ndez, lieutenant;of the

Royal Presidio of San Juan Bautista del Rio Grande,

and commandant of the senor governor of this Province

colonel d[,pj]j Domingo Cabello, summoned Jacinto

Hernandes resident of this Presidio to appear before

me. Before his own person, which I certify I know,

I administered an oath to him which he took in the

name of God our Lord, and a sign of His Holy Cross

under penalty of which he promised to tell the truth

insofar as he knew and might be questioned.

Upon being questioned according to the tenor of

the referred decree, he stated he does not know, nor

was it evident to him that d[g]n,Juan Josef Montes

de Oca had sent or paid a small or large number of

heads of cattle to d[o]n Christobal Barrera, resident

of the Villa of Coahuila.

Upon asking whether the said Hernandez had any

cattle of the expressed Montes de Oca to pay Barrera,

or whether he knew of anything concerning this matter,

[the witness] replied he had never had cattle of any

kind belonging to Montes de Oca, and that he could

not state a thing about the matter because he did not

117

know or heard anything [about it]. Under penalty of

the oath taken he stated this to be the truth which

he affirmed and ratified one, two and three times and

as many times. as required by law.

He stated to be fifty years of age little more

or less, and that the general exemptions from testify-

ing did not pertain to him.27v

He did not sign// because he did not know how.

I, the said commandant ad interim and major justice of

this said Royal Presidio signed for him with my at-

testing.witnesses with whom I act in the absence of a

public or royal notary for there is none under the

terms prescribed by law. In witness thereof, I certify.

Eugenio Fernandez Witness:

(Rubric) Fran[cis]co de Arrospide

(Rubric)

Witness:

Domingo Devuto'n

(Rubric)

[D.S., 26v-27v pp., in E. 8/26/1779-1/11/1780]

118

In the above cited presidio on the aforementioned

day, month, and year I, the said interim commander and

chief justice thereof, having received the declaration

which the sernor governor sends, was to order and did

order that this document be,-sent to His Lordship, that

he, seeing it, might decide what was most pleasing to

him. Thus I have decreed commanded and signed it,

and to the same do swear.

Eugenio Fernandez Witness:

F [Rubric] Fran[cis]co de Arrospide

[Rubric]

Witness:

Domingo de Vutc'Sn

[Rubric]

[D.S., 27v p., 11/6/1779]

119

28Having remitted to the commandant of the Royal//

Presidio of La Bah.ia. del Espiritu Santo, the preceding

dispatch with the testimony of Jazinto Herncrndez from

that vicinity, according to that ordered in my decree

of the twenty-second day of September, placed within

there proceedings on the sixteen and a half pages, I

command to add it to these [proceedi.ngs], and to take

the testimony ordered in the said decree to dgn Geroni.mo

Barrera, so I can decide whatever is best.

This I provided, ordered and signed. I, d[.2]a

Domingo Cabello, colonel of the royal armies, governor

and commandant of the army of this Province of Texas,

its missions, conquests and frontiers; captain of the

cavalry division of the Royal Presidio of San Ant[ona.]o

de Bexar; inspector General of the military divisions

and presidial troops of the said Province.

[It is done in this Royal Presidio of San Ant[oni]o

de Bejar, on the twentieth day of the month of

November of the year of one thousand seven hundred and

seventy-nine, before my attesting witnesses with whom

I act in the absence of a notary, and on this common

paper because there is no stamped paper available. In

witness thereof, I certify.

Cabello

(Rubric)

120

Jos^ Plazido de Monzon Pedro D as del Castillo

(Rubric) (Rubric)

Witness Witness

[D.S., 27v-28 pp., in E. 8/26/1779-1/11/17801

121

28v// Testimony of In the Royal Presidio of San

d[o]n Geronimo Ant[oni]o de Bejar and Villa of

Ba.rrera., 30 San Fernando, on the twenty-

years of age. seventh day of the month of

November of the year of one thousand

seven hundred and seventy-nine, I, the aforesaid governor

and judge of this litigation, summoned d[o n Geronimo

Barrera, witness mentioned in do„z Juan Josef Montes de

Oca's writ, to appear before me, as it has been ordered

in the preceding decree. In the presence of my at-

testing witnesses with whom I act in the absence of a

notary, I administered an oath to him which he took in

the name of God our Lord, and a sign of His Holy Cross

in the manner prescribed by law, which he ended by

saying I swear and Amen. Under penalty of [the oath

taken] he promised to tell the truth insofar as he

knew and might be questioned.

Consequently, after the clauses of the referred

instrument from pages fourteen and fifteen had been

read to him, he stated that the cited promissory note

was issued in the Villa of Coahuila be the referred

d[o]n Juan Josef Montes de Oca, after receiving from

the witness's father, two hundred and fifty p[eso]s

worth of flour, brandy, raisins, and figs, amounting

all to the referred sum of money, and that the said

122

Montes de Oca obligated himself in the referred promis-

sory note to pay it in one year. Realizing d Christobal

Barrera, the witness's father, that the year.had passed

and Montes de Oca had not acknowledged payment of the29

referred// sum, he decided to come personally, as he

did, to collect it. For this purpose, the witness

came in company of [his father], and thus, immediately

after arriving at this Presidio, the witness, in the

name of his father, went to collect the mentioned sum

of money from Montes de Oca. In a very impolite way

he replied he would go to see [the witness's] father.

And having come when his father wanted to take the mat-

ter to the senor don Hugo Oconor, who was then gover-

nor of this province. He cried about so many afflic-

tions, that the [witness's] father, sympathizing with

him, adjusted his account of the referred two hundred

and fifty pesos plus the rent for the seven mules his

father had leased to the said Montes de Oca at the

time he had sold him the aforesaid effects, issuing

the cited promossory note, making concessions and act-

ing with equity, to the amount of three hundred and

fifty s[eso]s. This sum of money amounted to more,

since the debt on the principal was going into the

fourth year, as well as the lease of the seven mules

at the rate of seven s[eso s a head per year. Of these

123

[seven]mules, the said Montes de Oca acknowledged that29v

five were dead or lost, bringing to the witness's//

father, the two remaining ones. [Montes de Oca] was

asked to place them in his corral since [the witness's]

father was leaving the next morning and he was supposed

to get them. The next day, trying (the witness's

father) to accomplish this, [Montes de Oca] stated that

the mules had fled the night before; but he offered

to send them [back] to Coahuila as soon as they were

found, noticing the witness that the winches were not

torn by a cut with a knife. Montes de Oca failed to

return the referred mules.

With this, it seems to the witness he has clari-

fied that stated by Montes de Oca of denying the charge

of not having mules of his deceased father. Concerning

the promissory note, [the witness] stated. that when

the said Montes de Oca adjusted his account with the

witness's father, being spared part of the money for

the rent of the mules, they had agreed on one hundred

g[e o s as the price of the said lease, the total sum

of money amounting to three hundred and fifty se[so s.

It was in that occasion when the referred Montes de

Oca offered the lands and waters of the place known

as el Sause, as payment. To this effect and security

they went to the house of = Marcos de Castro, then

124

lesser mayor of second ranking of this Villa, where30

the deed of sale which heads// [these proceedings]

was issued. In this occasion, the promissory note

was probably torn in the presence of the cited mayor,

as i,t was.considered non valid any more. For this

reason [the witness] requested a testimony to be taken

to Castro as to whether he remembered this fact.

In the same occasion Montes de Oca, being grate-

ful for the equity shown by the witness's deceased

father about the settlement of his account, he gave

him a present of seven cows which recently had brought

forth offsprings. These he had in the Presidio of La

Bahia under the care of Jasinto Hernandez, its resi-

dent. To this purpose Montes de Oca gave a letter

requisitorial written by ^,or^,Christobal de los Santos

Coy, the same one who wrote the aforesaid deed of

sale. This letter was also written in the house of

the cited mayor, who might [still] remember it, for

it was done twice in the same morning. After these

proceedings were concluded, the witness and his

father left for La Bahia del Esp[1ri]tu S[an]to,

presenting the letter they had of Montes de Oca to

Jacinto Hernandes. He read it but replied he did not

have, nor had he ever had any cattle belonging to the

aforesaid Montes de Oca. The said letter requisitorial

125

was therefore null and without effect whatsoever.

Upon realizing the deceit of the said Montes de

Oca, [the witness] and his father took care of other30v

matters at the said Presidio, and returned to their//

home. There, they have pleaded and accused the men-

tioned Mones de Oca, but they had not found a way to

make effective the claim of the place called el Sauze.

Due to the fact that [Montes de Oca] sold. it without

being his property, it has not been possible to claim

it, nor to get the equivalent of the three hundred and

fifty pesos, the total price he owes on the property.

With all he has stated, the witness thought he

had clarified the charge made and reproduced with his

instrument by the mentioned Montes de Oca about the

promissory note given to the witness's father, the

mules that were given to [Montes]; and the cattle he

gave in care of Jazinto Hernandes.

[He stated] this is all he has to say about what

he has been questioned. After this his statement had

been read to him, he stated he had nothing else to

add, and to be correct, as it was the truth that he

has testified. He affirmed and ratified it upon

penalty of the oath taken. The general exemptions from

testifying do not pertain to him.

He said to be thirty-two years of age. He signed

126

it with me and my attesting witnesses. with whom I act,

and on this common paper because there is no stamped

paper available. To all of which, I certify.

Cabello Geronimo Barrera

(Rubric) (Rubric)

Josef Plazido de Monzon Pedro Dlas del Castillo

(Rubric) (Rubric)

Witness Witness

[D.S., 28v-30v pp., in E. 8/26/1779-1/11/1780]

127

31// Having read the content of the preceding testi-

mony [given] by dor Geronimo Barrera, I order to sum-

mon dor Marcos de Castro to give testimony about the

statements made by the said. Barrera about the facts

of having torn in his presence the promissory note

given by jp.^QJuan Josef Montes de Oca, which resulted

in the deed of sale heading these proceedings; as well

as the letter requisitorial to Jasinto Hernandes, so

through his testimony, this matter will be settled.

Thus I provided, ordered and signed, I, don

Domingo Cabello, colonel of the royal armies; gover-

nor and commandant of the armies of the Province of

Texas, its missions, conquests and frontiers; captain

of the cavalry division of the Royal Presidio of San

Ant[oni]o de Bexar; inspector general of the said

Province.

Done in this Royal Presidio of San Antonio de

Bexar, on the twenty-seventy day of the month of

November of the year of one thousand seven hundred

and seventy-nine, in the presence of my attesting

witnesses with whom I act in the absence of a notary,

and on this common paper because there is no stamped

paper available. In witness thereof, I certify.

Cabello

(Rubric)

128

Jose Plazido de Monzon Pedro Dias del Castillo

(Rubric) (Rubric)

Witness Witness

[D.S., 31 p., in E. 8/26/1779-1/11/1780]

129

31v// Deposition of

A[o]w Marcos

In the Royal Presidio of San

Antonio de Bexar and Villa of

de Castro, 48 San Fernando, on the twenty-

years of age. nineth day of the month of

November of the year of one

thousand seven hundred and seventy-nine, I, the afore-

said governor, judge of this litigation, summoned do,,,^^r

Marcos de Castro, resident of this mentioned Villa, to

appear before me. In the presence of.my attesting wit-,

nesses with whom I act in the absence of a notary, I

administered an oath to him which he took in the name

of God our Lord, and a sign of His Holy Cross in the

manner prescribed by law, which he ended by saying I

swear and. Amen. Upon penalty of [the oath taken] he

promised to tell the truth insofar as he knew and

might be questioned.

Upon being [questioned] whether-a promissory note

for the amount of two hundred and fifty p[eso]s given

by or Juan Josef Montes de Oca in favor of do^n

Christoval Barrera was torn in his presence, and

whether this resulted in the issuing of the deed of

sale heading these proceedings and written by the wit-

ness at the time when he was mayor of second ranking

at this Villa, he replied he did not see the mentioned

promissory note, therefore he cannot say that such cir-

130

cumstance had preceded [the deed of sale].

Upon being questioned whether he remembered if

after the said deed was issued, do^,r Christobal de los

Santos wrote a letter in which Juan Josef Montes

.de Oca was authorizing Jazinto Hernandes, resident of

the Presidio of La Bahia, to give to don Christ6bal32

Barrera, cattle he had// in his possession, he replied

that again he did not know that such circumstances

had proceeded [the deed of sale].

Upon being questioned of the whereabouts of don

Christobal de los Santos, he replied he does not know

exactly where he is. Although he knows he was the

main mayor in the V.illa of Candelas, he had heard

that he had moved elsewhere, apparantly, to the R[ea]l

y Minas of La Yguana.

[He stated] that this is all he has to say about

what he has been questioned. After this his state-

ment had been read to him, he stated to be correct,

concerning he has nothing to add to what he has testi-

fied, which he affirmed and ratified upon penalty of

the oath taken. Although the general exemptions from

testifying pertain to him as far as Montes de Oca,

since [the latter] had been married to a sister of

the witness, and Barrera was an uncle of the said wit-

ness, he had not failed to tell the truth upon penalty

131

of the oath taken.

He said to be forty-eight years of age. He

signed it with me in the presence of my attesting wit-

nesses with whom I act in the absence of a notary, and

on this common paper because there is no stamped paper

available. In witness thereof, I certify.

Cabello

(Rubric]

Josef Plazido de Monzcn Marcos de Castro

(Rubric) (Rubric)

Witness

Pedro Dias del Castillo

(Rubric)

Witness

[D.S., 31v-32 pp., in E. 8/26/1779-1/11/1780]

132

32v// Decree In the Royal Presidio of San Ant[oni]o

de Bxar and Villa of San Fernando,

on the first day of the month of December of the year

of one thousand seven hundred and seventy-nine, I, d[pj,nr,

Domingo Cabello, Colonel of the royal armies; Gover-

nor and Commandant of the army of this Province of

Texas, its missions, conquests and frontiers; Captain

of the cavalry division of the Royal Presidio of San

AAnt[oni]o de Bexar; Inspector general of the presidial

troops and military divisions of the said Province,

having seen these proceedings under terms of sentence,

I should command and do command to notify the parts of

d[_oja Juan Josef Montes de Oca and §Jo] n Geronimo

Barrera, as they might have something to add in favor

of their rights. In their presence I should pass sen-

tence regarding justice. The said notification is

assigned to one of my attesting witnesses. .

Thus I provided, ordered and signed before my

attesting witnesses, with whom I act in the absence

of a notary, and on this common paper because there

is no stamped paper vavilable. In witness thereof, I

certify.

Domingo Cabello

(Rubric)

133

Jose Plazido de Monzon Pedro

(Rubric)

Witness

D^as del Castillo

(Rubric)

Witness

[D.S., 32v p., in E. 8/26/1779-1/11/1780]

134

33// On the said day, month and year, I, Josef Plazido

de Monzon, one of the attesting witnesses with whom

the es nor governor of this Province acts, in order to

fulfill that ordered in the preceding decree, went to

the residence of d[o]a Juan Josef de Oca, to whom, in

his own presence, I notified the preceding decree.

Upon learning about it, he stated he had some-

thing to say which he would do in writing. He signed

it with me, and in order that it be of record, I

placed it as part of the proceedings.

Josef Plazido de Monzc5n

(Rubric)

J[ua]n Josef de Montes de Oca

(Rubric)

[A.D.S., 33 p., in E. 8/26/1779-1/11/1780]

135

In the Royal Presidio of San Ant[oni]o de Bexar,

on the second day of the month of December of the

year of one thousand seven hundred and seventy-nine,

I, the mentioned witness Josef Plazido de Monzon, in

order to fulfill that ordered by the senor governor

of this Province in the preceding decree on the first

of this aforesaid month and year, went by the resi-

dence and lodge of q[a]r^.Gerenimo Barrera. In his own

presence I notified the preceding decree to him; he

learned about it but stated he did not have anything

to add, except the expenses he had concerning his33v

trip from the Villa of// Coahuila to this Presidio,

plus the expenses he had there during the time he had

been delayed on account of the lawsuit with d,fo] n Juan

Josef Montes de Oca., since [the latter] had refused

to pay the well known debt of the three hundred and

fifty pesos which is of record.he owes him in the deed

of sale which heads these proceedings.

This is all he has to say about the matter. He

signed it with me, and in order that it be of record,

I placed it as part of these proceedings.

Josef Plazido de Monzon Ger(!5nimo Barrera.

(Rubric) (Rubric)

[A.D.S., 33-33v pp., in E. 8/26/1779-1/11/1780]

136

34[Cross]

Se[no r Governor:

I, Juan Joseph Montes de Oca, resident of this

V.illa, as a consequence.of Your Excellency's.su.perior

decree, and humbly obeying that [ordered] in the men-

tioned [decree] about expressing again whatever might

convene to my rights so as to defend myself from the

charges made against me by 4.2]a Geronimo Barrera in

the lawsuit taking place before the justful tribunal

of Your Excellency, about bonifying him in the amount

of three hundred and fifty pesos which his deceased

father gave [as payment] for the said lands and waters

from the Hacienda of San Nicolas del Saus, jurisdic-

tion of Coahuila, because these [lands], as is evident

at the present time, belong to another owner; and in

order to place these proceedings under terms of sen-

tence, according to who.mever had a better right, and

until a final sentence, I want to state that I remit

and allege one, two, three times and as many times as

permitted by law, all that I have stated in my preceding

instruments. Although the absence of repetition of

all those arguments in this [instrument], they do not

lack the same force as if I would have presented them

again, since it lies within, all the force of the justice

137

which favors me.

Therefore, I again request from Your Excellency's

justful action, for J[ oja Ger6nimo Barrera to clearly

prove, either with arguments, instruments or witnesses

what he has stated in his testimony about tearing, in

the house of d[.2]a Marcos de Castro, a promissory note

of a large sum of money, which I gave his fa.ther,

along with a letter requisitorial to La Bahia., and

other charges about mules and accounts expressed there-

in, because all this being deceitful, as I shall prove

if necessary.

Therefore, I request, and humbly entreat Your34v

Excellency to deem// command as I have asked, and

to admit this my writ on this present paper because

there is no stamped paper available. I swear I do

not act with malice and to all necessary, etc.

Ju[a.n) Joseph de Montes de Oca

(Rubric)

[A.D.S., 34-34v pp., in E. 8/26/1779-1/11/1780]

138

In the Royal Presidio of S[a]n Ant[oni]o de Bejar

and Villa of San Fernando, on the twenty-second day

of the month of December of the year of one thousand

seven hundred and seventy-nine, I, d[o]n Domingo

Cabello, Colonel of the royal armies; Governor and

Commandant of the army of this Province of Texas, its

missions, conquests and frontiers; Captain of the

cavalry division from the Royal Presidio of S[a]n

Antonio de Bejar; Inspector general of the military

divisions and presidial troops of this said Province

by commission assigned by the se.nor commandant general

of the internal provinces of this kingdom of New Spain.

Having seen [the preced.ing instrument, [I com-

mand] that it be added [to these proceedings], in view

that these proceedings are to 'proceed to a final sen-

tence. In order to pass final sentence, and upon

finding some judicial matters not corresponding to my

profession, I should command and do command that it

be remitted to the attorney g[o]n Jose Maria Lozano

de la Pena in the city of San Luis Potosf, who as act-

ing Assessor will pass the sentence corresponding to35

these parts according// to the value of the said

proceedings. For this purpose, there has been.as-

signed as fee for his service, four reales a page,

paid and divided in half between _q[o] n Juan Jos(^ Montes

139

de Oca and d[o]n Geronimo Barrera, for the remittance

of the corresponding proceedings, plus the cost of the

postage of the package which will be sent in the mail

of the coming [month] of January, and afterwards, the

postage of the remittance of the said proceedings when

they return from the Assessor's office.

Inasmuch as the general practice is that when

[any] proceedings are remitted to the Assessor, a

signed testimony is issued.to secure coverage of the

expenses by the parts, [which should] be filed in the

archives of the court of the judge carrying the`

proceedings, remitting the originals to the Assessor,

[I command] that the parties should be^warned that if

[the proceedings] should get lost during the trip of

the courier, the loss will be under their expense.

For all these [procedures], they should come by my

place.

[I also command] for the lieutenant d[o]n Jose35v

Antonio Curbelo to notify// the parts of that provided,

so they would make effective the payment of the sums

of money corresponding to the fee and postage for the

[remittance of the] papers.

Thus I provided, ordered and signed before my at-

testing witnesses with whom I act in the absence of a

notary, and on this ordinary paper because there is

140

no stamped paper available. In witness thereof,

certify.

Dom[ing]o Cabello

(Rubric)

Josef Plazido de Monz^n Pedro D1 - as del Castillo

(Rubric) (Rubric)

Wit.n.ess Witness

[D.S., 34v-35 v pp., in E. 8/26/1779-1/11/1780]

141

In the Villa of San Fernando, on the eighth day

of the month of January of the year of one thousand

seven hundred and eighty, I, d[o]n J[ose]ph Ant[oni]o

Qurbelo, lieutenant governor of this province, in view

of the preceding decree from the governor, Colonel don

Domingo Cabello, summoned d[oln Juan J[ose]ph Montes

de Oca and d[o]n Gero'nimo Barrera, whom I certify I36

know// to appear before me and my attesting witnesses.

After I had notified the referred order to them,

and having learned about its content, they agreed on

its, fulfillment.

I, the said judge, certified all this before my

attesting witnesses with whom I act in the absence of

a notary public, of which there is none under the terms

provided by law, and on this common paper. In witness

thereof, I certify. Corrected, eighty-valid.

J[ose]ph Ant[oni]o Curbelo

(Rubric)

Ju[an] Joseph de Montes de Oca

(Rubric)

Witness:

Pedro J[ose]ph de Texada

(Rubric)

Geronimo Barrera

(Rubric)

[A.D.S., 35v-36 pp., in E. 8/26/1779-1/11/1780]

142

In the Villa of San Fernando, on the eleventh day

of the month of January of the year of one thousand

seven hundred and eighty, I, d[o]n J[ose]ph Antonio

Qurvelo, lieutenant governor of this Province, having

presented !1[,2] n Juan J[ ose] ph Montes de Oca and q[ o]n

Jero'nimo Barrera, the instrument following these

proceedings, they requested, that since the remittance

of these proceedings to the Assessor will result on

a long delay of the matter, and on many expenses to

both parts, I should admit the composition within.

[Therefore] I the said lieutenant, realizing that both36v

are very poor, to avoid that they make major// dis-

bursements, and since the said agreement was favorable

to both parts, I admitted it, warning the litigents

that once they had agreed on what they had requested

in my writ, each part, separately, should perfor.m,the

exact fulfillment of that agreed upon, thus avoiding

any more proceedings, ending this litigation. To all

this, both parts promised [fulfillment], realizing

that otherwise, many more delays would follow.

Therefore, not being necessary to remit these

proceedings to the Assessor due to this agreement, I

command [that these proceedings] remain in the present

stage because of the conclusion of this lawsuit.

Thus I provided, ordered and signed, acting as

receptoria. In witness thereof, I certify.

J[ose]ph Ant[oni]o Curbelo

(Rubric)

Pedro J[ose]ph Texada Jose Guadalupe de Agreda.

(Rubric) (Rubric)

Witness Witness

[A.D.S., 36-36v pp., in E. 8/26/177g-1/11/1780]

144

1// Christovai Barrera - In the Villa of S[a]n

Purchase of 10 days Fernando, under the juris-

of water, 2 piowlands diction of the Province of

and the part of [cat- Texas, on the sixth day of

tie] lands of the the month of April of the

Hacienda el Sauce. year of one thousand seven

hundred and sixty-eight,

before me, don Marcos de Castro, lesser mayor of second

ranking of the said Villa, appeared present on Joseph

Montes de Oca, resident of this referred Villa, whom

I certify I know.

He stated that he confers, and upon agreement

sells, through a: valid sale under oath of succession,

from now and forever, to donChristobal Barrera, resi-

dent of the Villa of Coahuila, to his heirs and suc-

cessors, and to the one or those that might have a

claim [or] pretense of right, vote or reason in any

way, 10 days of [irrigating] water, two wheatfields,

along with the cattle land belonging to Maria Quinones

from whom he bought all the already mentioned. All

the said lands were divided between three heirs which

are, the aforesaid Mar a Flores Quinones (from whom he

bought, as stated), Joseph Fiores Quinones and Josepha

Fiores Qu.ino:nes; brother and sisters and all heirs of

the Hacienda el Sause. [He also sells] the part belonging

145

to the said Manuel de la Pena, his father-in-law, who

bought it from the said Joseph Quinones, which now by

succession, belongs to this grantor.

To the aforesaid don Christobal Barrera, he sells

all this free of mortgage, tribute or any other tax,

and at the price and amount of three hundred and fifty

pesos, which were paid to all satisfaction by effects

of its content. [The seller] acknowledged receipt for

all this. Therefore, he renounced the general exemp-

tions from possession, and the [Law] Num numerata

pecunia, and stated that this amount is the just [a.nd]

present value of the aforesaid ten days of water and

lands, not having a higher value. In the case of a

highervalue, the said seller frees himself and donates

it to the said buyer, and here, he renounced all

requisites and invalidity by right necessary. He

[also] renounced the collective laws issued by the

Court of Alcala de Henares about the things which are

sold or purchased for more or less than its real value,

and the lapse of four years to ask for admission of

this contract, or [any] supplemental to the reallv

value,// [thus, the laws] preventing great and

enormous detriments and frauds. He renounced all of

this. He gave up and relinquished all real and per-

sonal rights of property and possession, and all he

146

may have about the aforesaid lands and waters. He

yielded, renounced and transferred them upon the afore-

said buyer, giving him faculty that by his own authority

or judicially, as suited, he shall.take and apprehend

the succession and tenancy of all referred. In the

case of not taking immediate possession, [the seller]

will constitute himself as his lessee, possessor and

tenant, until and when requested by [the buyer]. As

real seller and owner of everything he sells, he ob-

ligated himself to the exception, security and improve-

ments of the expressed land. He [stated] that there

will not be a third person claiming rights, pretending

to buy, nor by succession, patrimony of any other,

because he sells free of lease, tra.nsference, mortgage

or pawn. If under any of these causes or any others,

there should be a lawsuit, debate or difference, after

being notified, he will answer as defendant, [the suit's]

costs being under his expenses until [reaching] settle-

ment and peaceable possession. He will do this ac-

cording to all the articles, stage of proceedings and

prosecution of the suit, as obligated. In the absence

of fulfilling a settlement and peaceable possession,

he should return and pay in hard cash the said amount,

along with the [expenses] of improvements on the lands

and other, that [the purchaser], might have done, al-

147

though not useful or necessary, adding the expenses he

has received, along with the costs of the transaction.

This can be carried out with only [the purchaser's]

simple oath without providing instruments to prove his

statement and security.

[The grantor] did obligate his person and proper-

ties immediate and future, and did bind and submit

his person to all of His Majesty's magistrates, especially

those that, by virtue of [the present] deed shall be

interested, so that they may demand and compel his

[obedience]. He did renounce his right of domicile

and community and any others as well as the Law Si con

venerit de iurisdictione omniun judicum and the general

exemptions provided by law.

In this manner, having the seller granted all the

expressed therein, I. the said lesser mayor certified

it in the manner prescribed by law. The said grantor

affixed his signature before me, being present d[o]n

Juan Banul, don Y[g]nasio Cabillo and d[o]n Martin

Lorenso de Armas, all residents of this aforesaid2

Villa, along with// my attesting witnesses with whom

I act in reseptoria, in the absence of a notary public

or royal, of which there is none in the aforesaid Villa

under the legal terms [provided by law], and on this

present paper, because there is no stamped paper avail-

148

able in this province. In witness thereof, I certify.

Marcos de Castro

(Rubric)

J[ua]n Joseph Montes de Oca

(Rubric)

Witness: Witness:co

Fran. (Illegible) Martin Flores

(Rubric) (Rubric)

[D.S., 1-2 pp., in E. 8/26/1779-1/11/1780]

149

Santiago de la Monclova. August 20th of the year

of 1772.O

[I], don Jocobo de Ugarte, Infantry Colonel of

the Royal Armies, Governor and Commander General of2v

this Province of San Francisco de// Coahuila, Nueva

Extremadura, its presidios, conversions and frontiers,

by [command of] His Majesty, (may God keep), making

the visit of inspection, did recognize this deed of

sale presented by the successors of Christoval Barrera

of the property of ten days of water, two wheatfields

and part of the cattle lands that were for sale in the

Hacienda of S[a]n Nicolas del Sauze of this jurisdic-

tion. Supplied any redhibitory vices, defects and

nullities that it may contain, I had it recognized,

and as a consequence, I command to give testimonio of

it to the interested party, so at the end of six months

they should present themselves with it to claim the

aforesaid lands and waters here at this special land

court of the New Spain, and they should pay the amount,

in hard cash, which they would be charged with and

would correspond to His Majesty, under the understand-

ing that upon failure of fulfillment, they will be

pursued by all kinds of prejudices about the said

lands and waters.

This original is filed for future records in the

150

protocol under my care.

Jacobo de Ugarte

(Rubric)

Geronimo Barrera

(Rubric)

[D.S., 2-2v pp., in E. 8/26/1779-1/11/1780]

151

3In the Villa of Santiago de la Monclova, capital

of the Province of S[a]n Fra:n[cisco] de Coahuila, on

the twenty-seventh day of the month of April of this

present year of one thousand seven hundred and seventy-

six, before me, don Ang[el] de Jauregul, political

Lieutenant, Governor of this aforesaid Villa and its

jurisdiction by [appointment of] the senor Colonel

don Jacovo de Ug[ar]te y Loyola Commandant Governor of

this said province, appeared in his own person, whom

I certify I know, don Geronimo Barrera, legitimate on

of don Christoval Barrera, deceased and resident that

was of this aforesaid Villa.

He stated that for the foregoing purpose, complete

consent wa.sgiven [to him] by his mother dona Maria

de Za.popan, which I certify is true, to give and confer

all such ample legal power as is or may be of ex- .

pedience or necessary to don J[ose]ph Santiago Peres,

resident of the Villa of San Fern[and]o and Royal

Presidio of San Antonio de Bexar, to enable him in

his name and as representative of his own person,

rights and actions, to solicit and collect, mainly

from d[o]n Juan Joseph Montes de Oca, resident of the

said presidio, the amount of three hundred.and fifty

pesos, which is on.record he received from his deceased

father, don Christoval Barrera, in a deed of sale he

152

issued in the referred Villa of San Fern[and]o, on the

sixth day of April of the year of one thousand seven

hundred and sixty-eight before d[o]n Marcos de Castro,

lesser mayor of second ranking of the aforesaid Villa.,

[deed] which has not had any effect.

In regards to [the fact that] the aforementioned

grantor intended to sell the plowlands along with the

pasture lands mentioned in the said deed of sale, and

which had been contradicted by don Joseph de Castro,

also resident of this said Villa, the said judge called

my attention with sufficient titles and recognized

3vdocuments, that in the place of el Sau.ze// mentioned

in the aforesaid deed, there were no more pasture lands

than those measured to him by justified right and

superior order. Therefore, I am returning the referred

deed of sale to him by which he obligated himself, as

in the present case, to refund the aforesaid sum of

money he received, plus the interest charged from the

said year up to the present, being under his costs to

bring out without diminution [or] deprivation the afore-

said lands, leaving them in a quiet and peaceful posses-

sion.

For the foregoing purpose, as it is said, he con-

fers all such ample legal power [to don Joseph Santiago

Peres] to enable him as representative of all his rights

153

and actions, to appear, either as plaintiff or defen-

dant [against] any person of any rank or condition,

before His Majesty and senores of his presidios, coun-

cils and audiencias, and before His Holiness [the Pope]

and His Papal Nuncio, and other judges or justices as

may be expedient and solicited [his obedience]. He

shall demand, answer and deny, retain and protect,

provide documents, inventories, higela, affidavits,

certifications and other papers and sureties of im-

portance. He shall present them, make exceptions [and]

decline jurisdictions. He shall demand verifications

of restitutions, provide documents, witnesses and cer-

tifications. He shall deny or contest any adverse.

He shall challenge judges, erudits, scriveners and

notaries and shall explain the causes of his chal-

lenges, and if necessary take an oath about them, prove

them or relinquish himself from them. He shall demand

adversaries to take an oath of calumny and a decitory

oath and any others as may be necessary. He shall ask

for executions and sequestrations to be made. He

shall confer quittances [and] embargoes, give oath for

sale or auction of property. He shall accept trans-

actions; take possession and protection. He shall4

conclude and ask, hear decrees// and judgments, inter-

locutory and definitive, consent to that which is favor-

able, and oppose and appeal that which is prejudicial,

and proceed by law whenever necessary in all instances.

He shall obtain writs, royal provisions, judicial or-

dinances, and other necessary orders, present these

wherever may be expedient and solicited their obedience

and fulfillment.

For the foregoing purpose, incident or dependant

thereon, the plaintiff grants this present legal power,

so by virtue of it, he shall act on everything that may

be of expedience or necessary as the grantor would,

with full qualification and authority to entersu.its,

to appoint substitutes, to relieve them and to appoint

other substitutes again, and to grant relief to all.

For the efficacy of all the expressed herein, [the

plaintiff] obligates his person and properties im-

mediate and future and does bind and submit himself

to the laws and jurisdictions of such of His Majesty's

magistrates as may and shall be interested so that

they may demand and compel his obedience as though a

legal judgment has been passed in a court tried by a

competent judge, and agreed by the grantor. He re-

nounces his right of domicile and community and others

[as well as] the Law Si con venerit de jurisdictione

omnium judicum and the general exemptions provided by

law.

155

In witness thereof, he did grant this legal power

and affixed his signature with me the said judge, and

with my attesting witnesses with whom I act as receptor a

in the absence of a notary public or royal of which

there is none under the terms provided by law and on

this present ordinary paper without detriment to the

Royal Treasury, because there is no stamped paper avail-4v

able. Present to see it granted// were d[o]n Santiago

Moneo y Carzedo, _q[o]n Juachin de los S[a.]ntos Coy and

d[ o] 4 Pedro de Abrigo, all residents of this said

Villa, where is done on the aforesaid day, month and

year. In witness thereof, I certify.

Juan A.ng[e]l de Jauregui

Geroni.mo Barrera

Witness: Thomas Fran[cis]co Flores y Valdes

Witness: J[ose]ph Bustillos

[C.C., 3-4v pp., in E. 8/26/1779-1/11/1780]

156

This agrees with the original,from which it was

taken,to the letter and to which I am referring. It

is filed in the archive under my care for its constancy.

It is truly transcribed without detriment to the Royal

Treasury on two useful pages of this common paper be-

cause there is no stamped paper available. Present

to see it transcribed, corrected and adjusted were the

same [persons] present to see it granted, [being] all

residents from this Villa, which is done on the said

day, month and year by request of the party before me,

acting as receptoria as it is known. In witness there-

of, I certify.

Juan Ang[e]1 de Ja.ureguf Witness:

(Rubric) Thomas Franc[is]co Flores y Valdes

(Rubric)

Witness:

J[ose]ph Bustillos

(Rubric)

D.S., 4v p., in E. 8/26/1779-1/11/1780]