59 - dolph briscoe center for american history · quinones from whom he said ... o cabello, colonel...
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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
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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]
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