dom of new spain, state [the following]: yesterday at seven · jose mig[ue]1 games, private // in...
TRANSCRIPT
1
[Cross]
Yea r . . . . . . . . . . . . . . . . . . . . . . . . of .° . . . . . . . . . . . . . . . . . . . . . .i . . 1778
Proceedings conducted in the matter of the opposition
raised by Jose Mig[ue]l and Fran[cis]co de Sales Games,
and by Carlos and Pedro Hernan[de]s, [the first two being]
uncles [of] and [the second two being] brothers of Maria
de la Trinidad H[e]rn[ande.]z, to Maria's effecting matrimony
with Vrbano Ynojosa, Indian from the mission of S[a]n
Ant[oni]o. Said opposition is consistent with what was
resolved by His Majesty in the Pragmatic Sanction issued the
23rd of March, 1776, and [reissued] the 7th of April, 1778.
Number 51
[Following four lines in English:]
Process
In consiquence [sic of the-oposition [sic of the uncles
& brothers of Maria de la Trinidad to her'projected matrimony
with an Indian of the Mission San Antonio.
v// [ Blank]
1// Writ At the royal presidio of S[a]n Ant[oni]o
de Bexar and villa of S[a]n Fernando on the
fourth day of the month of June in the year
seventeen eighty-one, I, Don Dom[ing]o
[Cabello], colonel in the royal armies, governor and comman-
dant of arms of the province of Los Texas and its missions,
conquests, and frontiers, captain of the cavalry company
of the royal presidio of S[a]n Ant[oni]o de Bexar, and
inspector general of militia units and presidial troops
of said province by commission conferred by the lord
commandant general of the Interior Provinces of this king-
dom of New Spain, state [the following]: Yesterday at seven
o'clock in the evening the following persons appeared before
me: Jose Mig[ue]l Games, private in the ymbalidos that
are attached to the cavalry company of this presidio;
Fran[cis]co de Sales Games, brother of Jose Miguel Games
and private in the de cuera troops of said company; and
Pedro Hernan[ de] s, [who appeared] on behalf of himself and
his brother Carlos H[e]rn[ande]s, both of whom are also
privates in the aforesaid company. Carlos [Hernandez]
did not appear personally, due to his being on detached
service with the horse-herd guard. Informing me that the
first two, Jose Miguel and Francisco de Sales Games, are
uncles of Ana Maria Trinidad Games and that the second two,
Pedro and Carlos Hernandez, are her brothers and neighbors,
3
.the three men [present] told me that on that day at this
parish church the first banns had been published and posted
in order for Vrbano Ynojosa, Indian under the wardship oflv
the mission of S[a]n // Ant[oni]o Balero and son of
unknown parents, to marry the afore-mentioned Ana Maria
Games . Gertrudes Peres, mother of the said Ana Marfa.
Games, had promoted this match, contrary to the wishes of
and without the consent of either Jose Miguel and Francisco
de Sales Games, who are uncles of the said female party about
to contract marriage, or of Pedro and Carlos Hernandez, Ana
Maria's brothers, who have always supported their sister
from their pay, Pedro at present being the one who is
supporting her due to Carl:os' having gotten married. Jose
Miguel and Francisco de Sales Games, having learned that
their sister-in-law was determined [to see the projected
matrimony carried out], remonstrated with her the day
before yesterday in hopes that she might desist from her
resolve in this matter in view of the dishonor that would
accrue to them and their families if their niece, the sister
of their nephew, should wed an Indian, from a mission and
of unknown parents. And having given her word that she
would desist from promoting the marriage, Gertrudes Peres
had done just the opposite, this dishonesty being the
reason for the three men presenting themselves before me:
that I might help them in consequence of the royal Pragmatic
Sanction that was published at this presidio in the month
of March of the proximate past year. They wanted that the
two remaining marriage banns not be published during the
two days following Pentecost, because of the collusion that
has obtained in this matter: The said Gertrudes Peres is
a fatuous woman, of very poor conduct, and an incredible2
spendthrift; Padre Fray // Jose de Salas, minister of S[a]n
Ant[oni]o Mission, has made her various promises in order
to persuade her to give her daughter in marriage to the
aforesaid Vrbano, Indian under his charge, and her covetous-
ness and avarice have made her agree to the union, sacrificing
her daughter, who, being very young, has given her own
consent, deceived by the promises and gifts that the before-
said three men know the said'padre minister of the above-
named mission has made or offered to her. And so they
begged me to remove their niece and sister from the clutches
of their sister-in-law and mother, placing said niece in
the home of a person of good morals and conduct who might
teach her how to pray, for she did not know how; thus she
might learn prudence, and she would then recognize the
error she was about to commit. The three men would then be
able to arrange her marriage to some soldier, to some
companion of theirs. Consequently, it behooves me to heed
the just petition of these four soldiers. These four
men are engaged in the honorable profession of serving His
5
Majesty in'a presidial company that enjoys the same honors
as the most distinguished unit in the army; they are inces-
santly involved in the intense war being waged on this
frontier by Indians hostile to the royal crown, having
distinguished themselves by their proven and well-known2v
valor in the continual encounters that have // occurred
and are occurring with the enemy; and they have been serving
His Majesty for the past twenty years without interruption:
these circumstances make them entirely worthy of every
courtesy, including coverage under article 1 of the royal
Pragmatic Sanction that was issued the seventh day of April
in the year seventeen seventy-eight, which [document] was
[issued] subsequent to the one dated the twenty-third of
Ma.rch, seventeen seventy-six, both [documents] having been
published by bando at this presidio on the seventh day of
March of the proximate past year of seventeen eighty.
Therefore, I should order and do order [the following]:
Since I sent an official communication yesterday evening ,to
the padre priest, vicar of the parish church of this
presidio and villa, for him to suspend publication of the
banns pertaining to the effectuation of wedlock between the
Indian Vrbano de Ynojosa and the girl Ana Maria Games, let.
a copy of the contents of said official communication be
placed below this writ. That done, let the afore-mentioned
Ana Maria be placed in the home'of Don Jose de la Santa,
6
citizen of this presidio; that gentleman's family is one of
virtues, and has concern for spiritual values, and will teach
Ana Maria the Christian doctrine and other principles of
which she is ignorant. By this means, this irregular
marriage can be avoided, as can other offenses against( 3
God that // might originate from the said Ana Maria Games '
remaining in the power of her mother, Gertrudes Peres;.
for it has been evident to me, before this occasion, that
the said Gertrudes Peres is a woman of very poor behavior
and conduct, and she is now capable of remaining firm in
her intention of bringing about the marriage of her daughter
to the previously mentioned Indian Ynojosa, particularly
when this woman is very likely being goaded by the promises
and presents with which Padre Fray Jose Salas, minister of
S[a.]n Ant[oni]o Mission, is undoubtedly persisting so that
he can complete the spiritual entrapment and conquest of
the aforesaid Ana. Maria Games. I thus dispose and command,
and I affix my signature hereon in the presence of attendant
witnesses, with whom I am acting in the absence of a notary,
proceeding during this holiday period,due to the exceptional
nature of this cause, and on this ordinary,pa.per, for no
stamped paper is available; in witness whereof I attest.
Dom[ing]o Cabello[Rubric]
Jose Plazido de Monzon Pedro Dias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 1-3 pp., in E. 6/4/1781-11/29/1781]
My dear Sir:3v
Jose Mig[ue]1 Games, private // in the cavalry
company at this presidio and now in the class of ymbalidos
,by virtue of his years of service; Fran[cis]co de Sales
Games, de cuera private in the aforesaid company; and Pedro
H[e]rn[ande]s, on behalf of himself and his brother, Carlos
Hernandes, both also privates in said company [have just
appeared before me]. Informing me that the first two are
uncles of Ana Maria Trinidad Games and that the second two
are her brothers and neighbors, the three men stated [the
following]r They have learned that today is the occasion
of first publication of the marriage banns for the said
Ana Maria Games to contract matrimony with an Indian from
the mission of S[a]n Ant[oni]o. Gertrudes Peres, mother of
the girl about to be married, had promoted this match,
contrary to the wishes of and without the consent of her
brothers-in-law and sons. Reproached [about this marriage
matter] by Jose Miguel and Francisco de Sales Gamez yester-
day afternoon, Gertrudes Peres promised to desist from
8
marrying her daughter to the said mission Indian. But4
all the aforenamed soldiers have witnessed just // the
opposite:, today the first banns of marriage have been
made effective, and the said men therefore infer that the
remaining two banns will be posted tomorrow and the day
following, after which the wedding will take place. This
union is so inconsistent with respect to the calidad of the
four previously-mentioned soldiers, and I have in mind so
strongly my own duty--set forth in the royal cedula that
was issued at the king's country residence of El Pardo on
the seventh of, April in the past
year of seventeen seventy-eight
and published at this presidio on
the seventh of March of the proximate
past year of seventeen eighty--that
it is requisite for me to help these
vassals of the king and at the same
time to concern myself about their
situation, for they are the uncles and brothers of the
female about to contract marriage and are in the current
service of His Majesty. In view of the collusion that has
obtained in this matter and considering that Gertrudes Peres,4v
mother of the female who is contracting matrimony, //
is a fatuous, imprudent woman and that the afore-mentioned
Nlaria Trinidad Games is a very young child, not even twelve
9
years of age, and since the mother is so disposed to commit
such an absurdity as to marry her daughter to a mission
Indian, I have taken the interim step of exhorting Your
Grace in the name of the king, and of beseeching and imploring
you on my own part, to suspend publication of the banns
pertaining to this marriage, in the knowledge that those
who desire its effectuation are violating the wishes and
.the royal dispositions of our sovereign--wh.ich I must
uphold in every circumstance imaginable. And since it is
not possible at the present moment for me to prepare
judicial proceedings other than this communication, I address
myself to Your Grace, insisting with all firmness //5 that
this protest serve as an injunction in due form required
by law for the suspension of the afore-mentioned marriage1
banns until such time as the corresponding judicial proceedings
can be carried out in accordance with what His Majesty has
disposed God protect Your Grace many years. Government
house at the presidio of S[a]n Ant[oni]o de Bexar at seven
o'clock in the evening of the third of June, seventeen
eighty-one Your Grace's most devoted and faithful servant
kisses your,hand Dom[ing]o Cabello The Senor Parish
Priest, Vicar of the presidio of Bexar and villa of S[a.]n
Fernando,.B[achille r Don Pedro Fuentes
[ C. C., 3-5 pp., in E. 6/4/1781-11/29/1781]
10
The foregoing copy agrees with the original [letter],
which was sent yesterday evening to the padre priest, vicar
of this presidio and of this villa of S[a]n Fern[an]do,
Don Pedro Fuentes. From said original I, Don Dom[ing]o
Cabello, colonel in the royal armies, governor and commandant
of arms of theprovince of Los Texas and its missions,
conquests, and frontiers, captain of the cavalry company
of the royal presidio of S[a]n Ant[oni]o de Bexar, and
inspector general of militia units and presidial troops of
said province by commission conferred by the lord commandant
general of the Interior Provinces of this kingdom of New
Spain, ordered the above copy made. Having been proofread
and emended, it is accurate and free from errors, and it is
on two sheets of ordinary paper. And present to see it5v
written, // corrected, and compared with the original
were Don Fernando Beramendi and Pedro Texada, both of whom
are citizens and residents of this royal presidio of S[a]n
Ant[oni]o de Bexar, wherein this certification is executed
on the fourth day of the month of June in the year seventeen
eighty-one, in the presence of attendant witnesses, with
whom I am acting in the absence of a notary, proceeding
during this holiday period due to the exceptional nature of
the cause, and on this ordinary paper, for no stamped paper
is available; in witness whereof I attest.
Dom[ ing] o Cabello[Rubric]
11
Jose Plazido de Monzon Pedro Dias del[Rubric] Castillo
Attendant Witness [Rubric]Attendant Witness
[D•S•, 5-5v PP•, in E. 6/4/1781-11/29/1781]
12
46--
Lord Governor:
Jose Miguel Games, private in the cavalry company
at this presidio and who by virtue of his many years of
service is now in the class of ymbalidos; Fran[cis]co
de Sales Games, de cuera private in the afore-mentioned
company; and Pedro Hernandes, on behalf of himself and
his brother Carlos Hernan[de]s, both being privates in
the said company: we [three men] appear before Your
Lordship with the greatest respect and, in the form of
a grievance, state [the following]: Jose Miguel Games
and Francisco de Sales Games are uncles of Ana Mar^a
Trenidad Games, and Pedro Hernandez and Carlos Hernandez
are her uterine brothers. On Pentecost, the 3rd day
of this current month, the banns were published at
this parish church for the said Ana Maria to be united
in matrimony with Vrbano de Ynojosa, Indian from S[a]n
Ant[oni]o Balero Mission. This state of affairs arose
from Gertrudis Peres, mother of the said Ana Maria,
having persuaded her daughter to agree to the afore-
mentioned union because of the many promises and gifts
made and given to the two women by Padre Fray Jose de
Salas, minister at said mission and interested in effec-
tuating the said marriage. Learning about these promises
13 '
and gifts, we the petitioners remonstrated with our
sister-in-law and mother in hopes that she might desist
from promoting this marriage in view of the difference
in station between Vrbano Ynojosa and our family: for6v
// he is an Indian; whereas we, although poor, have
devoted ourselves to the honorable profession of serving
the king our lord, having risked our lives in as many
actions as have occurred during the past twenty odd
years at the presidio of Los Adaes and at this presidio
of Bexar--as Your Lordship will be able to confirm with
the officers, sergeants, corporals, and privates of the
company at this presidio. Our sister-in-law and mother,
realizing the justness of our remonstrance and the
soundness of the arguments that we put to her, gave her
word on Saturday afternoon, the 2nd day of the current
month, to desist from promoting the afore-mentioned
matrimony. Then, when she went to San Antt[oni]o
Mission to return the gifts that she had been given by
the minister at that mission, Fray Jose de Salas, this
padre used the greatest ardor to persuade her to proceed
with the effectuation of the afore-mentioned marriage,
protesting that she could not shrink from it, because of
the presents that her daughter had received. The covet-
ousness of both women and the fatuousness, prodigality,
and bad conduct of our sister-in-law Gertrudis Peres
l4
having been cultivated by gifts, the latter allowed
herself to be carried off by the padre's persuasions.
And so, the very next day the first marriage banns were
published; and the two remaining banns would have been
published on the two following days if we the petitioners
had not hastened to Your Lordship's protection in order
that you might be pleased to help us, in view of His
Majesty's cedula that was published in the month of March7
of the proximate past year. // Your Lordship's zeal
and the love you have for the royal service--which honor
and distinguish all subjects of the king who have the
honor of serving under Your Lordship's well-taken orders
and which keep us in such willing and grateful thralldom
that we all of one voice choose to give our lives in
obedience of Your Lordship's orders in service to the
king--have been well proved. Your Lordship was pleased
to send your official communications to the padre priest,
vicar of this parish church. Publication of said marriage
banns was suspended by reason of your communications and
of our having begged you to remove Ana Maria Trinidad
from the clutches of our sister-in-law and mother Gertrudis
Peres and place her in an honorable and safe home wherein
she could not be suborned or beguiled by the Indian Vrbano
Ynojosa or by Padre Fray Jose`de Salas, minister of the
said Indian's mission; for de Salas boasts that he will
15
bring about said marriage irrespective of what it.may
cost him, and he has even on occasion offended me, Jose
Mig[ue]1 Games, principal petitioner, believing me to
be the prime mover in obstructing this matrimony
Therefore
We humbly beseech Your Lordship to accept our petition,
deigning to consider the merits we have acquired during
the time we have served His Majesty--in as many actions7v
and campaigns as we have taken part in // against the
enemies of the royal crown. In view thereof, and
considering that we,(although poor soldiers, are honorable
men, it is not fitting that a niece and sister of ours
should marry a mission Indian. When she has reached the
appropriate age to marry, there will be no deficiency
of soldiers like ourselves, and she can then marry one
of them. In all of the foregoing we hope to receive
justice. We swear that we are not acting from malice;
we are making this petition on this ordinary paper for
want of stamped paper; and we do not sign, for we do not
know how, Marcos de Aguilar, magistrate, doing so at
our request.
At the request of the petitioners, I signed, I,
Josef Marcos de Aguila.r[Rubric]
[L.S., 6-7v pp., in E. 6/4/1781-11/29/1781]
16
Decree In view of the foregoing presentation, it is
manifest that the petitioners, in the just memorial
which they have interposed, have sought protection;
wherefore the above proceedings have been carried out.
Therefore, let the intentions and wishes of Ana Maria
Games be examined, despite her extreme youth mentioned in8
the preceding petitions. Writs // issued. I thus dispose
and command, and I affix my signature hereon, I, Don Dom[ing]o
Cabello: colonel in the royal armies; governor and commandant
of arms of the province of Los Texas, its missions, conquered
lands, and frontiers; captain of the cavalry company of
the royal presidio of S[a]n Ant[oni]o de Bexar; and inspe-ctor
general of militia units and presidial troops of said province
by commission conferred by'the lord commandant general of
the Interior Provinces of this kingdom of New Spain. [Done]
in this presidio of S[a]n Ant[oni]o de Bexar on the sixth
day of the month.of June in the year seventeen eighty-one,
in the presence of attendant witnesses, with whom I am
acting in the absence of a notary, on this ordinary paper,
for no stamped paper is available; in witness whereof I attest.
Cabello[Rubric]
Jose Plazido de Monz6n Pedro Dias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness8v
// [Blank] [D.S., 7v-8 pp., in E. 6/4/1781-11/29/1781]
17
9// [ Cross]
Senor Vicar:
Vrbano de Ynojosa, Indian from the mission of S[a]n
Ant[oni]o Valero, [is] prostrate at the feet of Your
Grace. With the most humble respect, in the most correct
manner provided by law, and pursuant to his own rights,
he states [the following]: The undersigned appeared
before Your Grace the second day of June of the current
year of [seventeen] eighty-one--since which date two
months and twenty-three days have elapsed--in order to
give the required statement of his being single and
free to contract matrimony with Maria Trenidad Games
(who is a mulatto), citizen and resident of Your Grace's
parish. On his part [i.e., that of the undersigned
said matrimony would be with the consent of the minister
of his mission, who is his surrogate father, or guardian;
on her part [i.e., that of Ana Mar,ia], it would be with
the consent of her mother, Gertrudis Peres, because her
father, Yldefonso Games, is deceased. Your Grace, pleased
to take the declarations of the parties to the projected
matrimony.and to accept their statements to the effect
that they were single and free to contract matrimony,
examined sufficient witnesses for one and the other
party and found nothing that would disqualify said
parties--nothing canonical (for this aspect is what should
be first scrutinized in order for marriage contracts to
be valid and licit) and nothing civil (for this aspect,
when there is cause, should be considered only as punitive
and preventative); whereupon Your Grace proceeded to
make known the banns at the solemn mass of the following
day, the third [of June], Pentecost Sunday.9v
// From this first publication of the banns, it
turned out that on that same day the uncles and brothers
of the aforenamed petitioner [Ana Marla] interposed an
unjust obstacle, claiming that the proposed marriage was
against their wishes. And to better promote their depraved
intention they have taken advantage of their rights as
soldiers and together, of one voice (without appealing to
Your Grace), have presented themselves one and all before
the lord governor of this province, Colonel Don Domingo
Cabello, in order that he, by virtue of the petition of
said soldiers and of a cedula from His Majesty;(which
appears to have no bearing on this projected matrimony),
might discontinue publication of the banns and suspend
the marriage (as',Your Grace has in fact done). The
principal reason given for the action of the afore-
mentioned uncles and brothers was that of determining
whether their niece and sister was of competent age to
contract matrimony, for the marriage was planned without
their consent. In fact they were opposed to it. Therefore
19
it was decided that their petition was worthy of attention
and careful examination, so as to proceed with prudence
and intelligence in the matter.
But since the above-mentioned petition consisted of
badly-founded flippancies, it behooves the undersigned
to say to Your Grace that, by virtue of absolute natural
law, neither pride--rational or irrational--of parents or
of guardians that legitimately take the place of parents,
nor differences in the ages of sons or daughters contracting
to marry (provided they are of competent age), nor
disparities of race or of material worth of such sons or
daughters are or can be diriment, or even impedient,
impediments to marriage contracts, as Your Grace knows
very well. And the foregoing is certain and firm
doctrine, of such a kind that he who pertinaciously makes
assertions to the contrary must be denounced to the Holy
Office of the Inquisition. Hence, statutes or acts of
civil law are not and cannot be impedient or annulling
impediments to the afore-mentioned marriage contract;
for civil law can only assess penalties, either for dis-
obedience on the part of sons or daughters contracting
marriage, or for irrational determination on the part of
parents or guardians.. This [conclusion] is clearly
ineluctable from [reading] the Pragmatic Sanction of
April 7, 1778, issued from the king's country residence
20
of El Pardo, and from [reading] many of the most expert
writers in one and another branch [of law]. It is also
Catholic doctrine, uniformly accepted.
The only detail that the undersigned had to know10
in the matter of his solicitation--which is the same //
as his petition for the afore-mentioned matrimony to be
effected--was whether the said matrimony was in accordance
with the wishes of the female petitioner's mother,
Gertrudis Peres, upon whom the rights, actions, and wishes
of her deceased husband, Yldefonso Games, have exclusively
devolved. In this case, during the life of the said
Gertrudis Peres every class of relative or offspring of
the deceased is categorically excluded [with regard to
said devolution]. Furthermore, sons are obliged to
please their-parents and to comply with their wishes,
and in case of the death of a parent, as in the present
instance, to conduct themselves in the same way with the
remaining parent. Therefore the wishes of the aforesaid
Gertrudis Peres being what they are--namely, that her
daughter M[ari]a de la Trinidad Games should contract
matrimony with the petitioner--the brothers, still more
the uncles, should not have interfered in this matter,
since it was not their responsibility; and in case they
did meddle or enter protests, they should not have been
heard or heeded, for it is as clear as day that their
21
obstruction and protest are to be regarded as irrational
and unjust.
The principal cause of this irrationality is that
the consent and wishes of parents categorically take
precedence over those of brothers and other relatives.
Indeed, without parental consent (if such consent is
just) sons or daughters would be committing a mortal sin
in contracting matrimony; and if parental consent is
given and granted, even though that of brothers and other
relatives is withheld--for sound reasons or not--sons
or daughters contracting matrirn.ony would not be committing
a sin, even a venial one. But in this projected matrimony
the doleful consequences to which the previously-cited
cedula justly adverts in order to present obsta.cles-
cannot be feared, for the stations of neither the
individuals seeking to marry nor of the other persons
[involved] are notable9or worthy of esteem; and in case
they were and the marriage were effected, justice would
be satisfied and the offense punished by making known
to the couple the penalties provided.
In addition to the foregoing circumstances, the
above-named kinsmen (who can be given the title of
deceivers) made false statements concerning three
particulars, for each one of which they deserve the
harshest punishment, harsher still when [the statements
22
are] considered in their totality. The first [false
statement] was that the afore-mentioned Maria Trinidad
Games was not of competent legal age to validly contract
matrimony. But the previously named kinsmen deceivedlOv
themselves, or, // better to say, they maliciously
deceived the lord governor: not only from her appearance
and from the statement of her mother could one.clearly
know that she was of the required age--which was sufficient
evidence in itself--but also from her baptismal record,
which is surplus proof, it is clear that she is thirteen
years, five months of age; wherewith it is seen that the
imputat°ion [of her being too young to marry] was false.
The second [falsestatement] was that she did not
know how to pray. At the outset the before-mentioned
kinsmen started to insinuate that for the said Maria
Trinidad to marry it was necessary<for her to know all
the orisons and mysteries of Christian doctrine as well
and as clearly as a theologian might know them. Now if
they believe such knowledge to be necessary before one
can get married, since neither they nor innumerable
married persons have it, it would be necessary to revali-
date every marriage that has ever been contracted under
circumstances such as these--a manifest misapprehension.
Moreover, the said [Maria.] Trinidad does know the Lord's
Prayer, the Ave Maria, the articles of faith, the command-
23
ments, the sacraments, and the principal mysteries of our
Holy Faith; this is sufficient for her to contract
matrimony. Thus the issue should be taken as settled,
since on different occasions she has fulfilled the annual
requirements of confession and communion, on which occasions
it is ineluctable that she was examined with respect to
the said orisons and mysteries. Now he who is capable in
the greater part is by inference considered to be capable
in the lesser part; wherefore it is evident that she has
been falsely slandered. Even if it were conceded that
she does not know how to pray, by marrying she will be
going every day to a place where the Christian doctrine
is read and frequently explained; hence the reservations
of interested persons can be put aside and sensitive
consciences can be relieved.
The third and last [false statement] is that she
[Maria] was deceived or enticed into her intention of
contracting the afore-mentioned matrimony. But this was
an even greater imposture or calumny: neither with witnesses
nor with any documents whatever can it be proved that
there was indeed deceit or enticement. That she was not
deceived or enticed is evident in the most authentic
form that could be desired or demanded: her own statement,
sworn to by herself. At the hearing [held on the matter],
three witnesses that were summoned also [gave statements
24
to the effect that she was not deceived]. She was asked
specifically whether she had been deceived or enticed, and
the witnesses were asked whether they knew of or had °
heard mention of any such deception or enticement, as is
recorded for Your Grace in the proceedings that were11
carried out on that occasion in this matter. // In
addition to what is set forth above, the said Maria
Trinidad, having been under the care of another party for
some time ( it is now two months and twenty-three days since
she was so placed) in order that she might freely consent
[to be married], remains firm until the present in her
resolve; consequently it is incontestably deduced that
she was not enticed or deceived. This conclusion will
be even further substantiated below.
To all of the foregoing, the said brothers and uncles
of Maria Trinidad added [mention of] the supposed blemish
that would accrue to them; for, being soldiers, it supposed-
ly would not be suitable for their niece and sister to
marry an Indian. Now it is very clear that this blemish
is fictitious, for the said relatives did not consider,
nor did they advert to, what they themselves are or [the
racial status of the women] to whom they are married.
It is well-known, public knowledge, that they are mulattos--
by all four bloodlines; and being mulattos, their being
soldiers does not make them esAanoles or persons of better
caste or of better or cleaner blood than that of an
Indian. They themselves carry the blemish which gives
them their own existence, and they will carry it to
theirrgraves. Therefore no stain whatever accrues to
them if a person of better caste or bloodlines than
themselves should enter their family; just as no stain
accrued to them from the marriage of Felipa Games (aunt
of the said Mar,ia Trinidad) to J[ose]ph Maria Camberos,
an Indian who was so newly converted that his baptism
and marriage were performed in the same ceremony. Indeed,
the couple, as true Catholics, did not stop living a
Christian life, and the Indian was the best liked of the
fathers-in-law.
Finally, the undersigned should say that the supposed
blemish, together with the deceit that Gertrud[i]s Peres
perpetrated on them beforehand with the pretense
that her daughter would not be married, plus other
misrepresentations not mentioned here, is altogether
insufficient cause for the one or the other woman to
be punished or to be placed in the•care of another party
for a lengthy period, as has happened. These women
have been intimidated by other punitive measures and
threatened with so much suffering that if the structure
were not founded on such good intentions and just ends,
the entire edifice would have collapsed to the ground by
26
now: they would have yielded to pressures and, beingllv
women (and hence of limited strength), // would have
lost their resolve. But persisting as they have in
their first intent, they have given the most irrefragable
and certain proof, not only of their prudence and good
intentions and objectives, but also of their not having
been deceived by convenient promises. For, during the
long period of Maria's stay in another home, her brothers
and uncles witnessed no trickery whatever with respect
to what was decided. Furthermore, the deceitful per-
suasions of these complaining impostors have been
unsuccessful in their attempts to extinguish the discretion
of these women. And so the said brothers and uncles
could have and should have opened their eyes and recog-
nized their error and the extremely grave sin that they
committed. For, besides unjustly meddling in what is
not their concern, they leave Maria Trinidad exposed to
being stripped of her pretense, in which case she might
take to the woods to live as a heathen, or else give
herself up to the vice of unchastity--with illegitimate
childbirths on the public stage (as experience teaches),
with contempt for religion and consequent licentiousness
throughout the commonwealth, and with vilification and
revilement of those who interfered with her choice of
such a holy sacrament [marriage], [in so interfering]
perhaps endangering their own eternal salvation. For
all of which:
I humbly beg and entreat Your Grace that, if the parties to
the projected marriage,deserve to be penalized (by virtue
of the above-cited cedula of His Majesty's) despite what
has been argued and reasoned, such penalties should be
imposed at once. But in no way should this marriage
be hindered, just as marriages between persons of higher
class have not been hindered. May whatever difficulties
that are encountered be done away with so that the
'intention of the undersigned can be realized; and if it
cannot [be realized], may Your Grace dispose what may
be to your pleasure, in order that the undersigned might
pursue his petition, wherefrom he will receive kindness
and mercy, justice interceding, et cetera.
Vrbano de Ynojosa[Rubric]
[A.L.S., 9-llv pp., in E. 5/4/1781-11/29/1781]
Villa of San Fern[an]do, royal presidio of S[a]n Ant[oni]o
de Bexar, August 27, 1781.
By virtue of the circumstance whereby the petitioner
Marfa Trenidad G4mez--mentioned in the preceding petition
.from Urbano Ynojosa, Indian from S[a]n Ant[oni]o de Valero
28
12Mission--was placed in the care of another party // by
order of the lord governor of this province, Colonel Don
Domingo Cabello, let the preceding appeal be forwarded to
the said lord governor. Thus if he should find that the
appeal is based on reason and fairness, as the sound
arguments advanced indicate it is, he might be pleased
either to command that the said petitioner be freed [from
the care of the third party] so that the previously suspended
banns can be again published and the marriage effected,
or, in the event of a contrary finding, to order that the
corresponding writs be prepared in accordance with [article]
number 9 of the before-cited royal Pragmatic Sanction. Or
may His Lordship dispose what may be to his greater pleasure,
for it is just to take action with respect to this petition.
Thus did B[achill er Don Pedro Fuentes, parish priest in
charge of said villa, vicar, and ecclesiastical judge of
this province and its districts, dispose and order; and he
signed before me, the current notary public; in witness
whereof I attest.
B[achille]r Pedro Fuentes[Rubric]
Joseph Antonio'de Bustillo y Zeuallo:s
N[otari o[ del N[ tumer o[Rubric]
[D.S., llv-12 pp., in E. 6/4/1781-11/29/1781]
29
Decree [The foregoing] has been examined. Let a
a copy thereof be furnished to Private Jose
Mig[ue]l Games, ymbalido attached to the cavalry
company at this presidio, in order that he--a.s the principal
interested party in this cause, and on behalf of his brother
Fran[cis]co de Sales Games and of Carlos and Pedro Hernan[de]s,
[who are] privates in the same company--might set down what° 12v,
he believes to best correspond to his rights. He
may thus present his case, but he shall make certain that
he speaks for the other interested parties as well, for
they are not present, by virtue of their being currently
engaged in the various functions of the royal service that
are continually occupying the troops of the afore-mentioned
company in the defense of this presidio and [this] province
of Texas due to the-unceasing war being waged upon us by
Indians rebellious to the royal crown. I thus dispose and
order, and I affix my signature hereon, I, Don Domingo
Cabello: colonel in the royal armies; governor and comman-
dant of arms of the province of Los Texas and its missions,
conquered lands, and frontiers; captain of the cavalry
company of the royal presidio of S[a]n Ant[oni]o de Bexar;
and inspector general of militia units and presidial troops
of said province by commission conferred by the lord
commandant general of the Interior Provinces of this king-,
dom of New Spain. Done in this royal presidio of S[a]n
30
Ant[oni]o de Bexar on the twenty-ninth day of the month
of August in the year seventeen eighty-one, in the presence
of attendant witnesses, with whom I am acting in the absence
of a notary, on this ordinary paper, for no stamped paper
is available; in witness whereof I attest.
Cabello[ Rubric]
Jose Plazido de Monzon Pedro Dias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 12-12v pp., in E. 6/4/1781-11/29/1781]
31
Lord Governor:
Private Jose' Mig[ue]l Games, .Ymbalido attached to
the cavalry company at the royal presidio of S[a]n
Antt[oni]o de Bexar--and on behalf of his brother Fran[cis]co
de Sales Games and of Carlos Hern[ande]z and Pedro
Hern[ande]z, all [four being] privates in the afore-
mentioned company, the first two being interested parties
in this cause by virtue of their being uncles of Ana
Marla Games, the second two by virtue of their being
her uterine brothers--in order to prevent the marriage
that Padre Fray Jose de Salas, minister at the mission
of San Antt[oni]o, wants Ana Maria to contract with
Vrbano de Ynojosa, Indian from said mission,°appears
before Your Lordship. Speaking, according to law, for
and on behalf of the aforenamed interested parties by
virtue of their being currently engaged in actions of the
royal service, and in response to the copy which Your
Lordship was so kind to give me of the slanderous peti-
tion above; I state [the following]: To Padre Salas'
demurrer of my being mulatto, I am ready to give a report
to the contrary. And even if I were mulatto, to my rank
must be added the excellence of having shed whatever
[impure] blood I might have had, in service to the king
32
my lord. To,this must be added the service of my brother
and the other [two] interested parties. And so weti
deserve that our niece be held and regarded in greater
esteem than the Indian Vrbano Ynojosa, in whom is found
the grave defect of illegitimate birth, as well as that
of being a boarder, like all mission Indians. Doubtless13v
his padre minister has been // the instrument of this
[projected] matrimony, just as that religious has been
the agent of the preceding letter, for the entire
discourse, from the first word to the last is in the hand
of Padre Salas. Although Padre Salas is the said Indian's
teacher of Christian doctrine and his surrogate father,
he might better have written the letter in his own name
and not in that of the said Vrbano, in which His Reverence
goes so far as to criticize Your Lordship's sterling
conduct and dispositions in this matter.
The said Padre Salas argues that I have no right to
complain in this matter, because my niece's mother, who
has been the agent with whom the aforesaid matrimony
has been contracted, is still living. But it should be
borne in mind that my sister-in-law Gertrudis Perez is
a woman of poor conduct and a notorious spendthrift;
she believed that by means of this marriage she would
come out ahead; and so she agreed to this irregular
match. It was for these reasons that the petitioner
33
remonstrated with her the day before the first publication
of the marriage banns.
The bad conduct--hence the bad reputation--of the
mother of the female party to the marriage contract
sustains our right to hinder this marriage. For legiti-
mate cause, the rights of the mother devolve upon all of
us. This is especially so in view of Carlos Hern[ande]z
having supported his mother, Gertrudis Peres, and his
sister, Ana Maria Games, out of his soldier's pay until
last year, when he got married. Pedro Hern[ande]z has
now assumed this obligation, also with his soldier's
pay, not only feeding his mother and sister, but also14
clothing them--// as best he can on what a private
receives. Also, Jose Mariano Games, likewise a son of
the said Gertrudis Peres has helped, with his entire
daily ration, to feed and sustain his mother. With this
it is evident that we have a legitimate right to raise
the impediment that we have raised. But since the before-
mentioned Gertrudis Peres is a wasteful woman, without
the least household economy, it is no wonder that all
the assistance I have mentioned above is still insufficient
for her and that she has picked up the notion that she
will be able to enjoy all these benefits plus those
promised her by the before-mentioned Padre Salas.
The marriage that is cited as a precedent, that of
34
Felipa Games, aunt of Maria Trinidad, to Jose Camberos,
Indian neophyte, brings up two points. The first is the
jumbles that have been made in these missions with
persons of higher station. The second is that the
royal Pragmatic Sanction, of which we are availing
ourselves and to which we are appealing, was not yet in
effect. But it is well known how much effect these
royal dispositions have: Padre Salas could marry his
Indian to one of many Indian women from the other missions;
His Reverence tries instead to marry him to the above-said
Ana M[ari]a, giving rise to the present dissension.l4v
I will omit any response to the clauses //
contained in the penultimate paragraph of the petition
made by the Most Reverend Padre Salas on behalf of his
Indian, concerning the punishment and threats that my
sister-in-law and niece are supposed to have suffered;
for they are all falsehoods--quite appropriate to the
said Indian Ynojosa, but quite foreign to Padre Salas.
Despite the fact that the writing was done in its entirety
by His Reverence, he should have kept in mind that he is
a clergyman and a follower of our founder the Senor
St. Francis. And since the opposite of what was claimed
is evident to Your Lordship the lord-governor, I will
not bring forward the proof. Concerning the claim that
by impeding this marriage we leave Maria Trinidad
35
exposed to being stripped of her pretense, whereby she
might take to the woods to live like a heathen, I say
that with regard to her being stripped of her pretense,
because of that very possibility we begged Your Lordship
to put her in another home, the which you were pleased
to do, placing her in the home of Don Jose de la S[an]ta,
whose virtuous and model family is teaching her what
she never before knew. And concerning the claim that
she might take to the woods, it would not be strange if
the Indian Ynojosa should betake himself to the woods
to live like a heathen among the heathen, as did the
Indian Arcon from the same mission, and as many others
of his race have done and continue to do every day, for
he is the epitome of what the mission Indians give us
as the fruit of what these Indians produce. And in virtue
of my having treated all that which presents itself in15
the copy that you have been pleased to give me: //
I beg Your Lordship to be so kind as to help me and to
consider as legitimate the complaints and protests that
I made in my first representation. And since the Reverend
Padre Salas has hastened to support this matter in every
way, as the preceding letter presented on behalf of Vrbano
de Ynojosa proves, and [since] neither I nor those of my
party can answer in like terms [as Salas], may Your Lord-
ship be pleased to exempt me from having to make any other
36
reply--Your Lordship being aware of the detriment that
the said Reverend Padre Salas will be able to cause me,
doing me injustices and carrying out threats that he
has made against me. In all the foregoing I hope that
I may receive justice and mercy. I swear that I do not
act from malice and [that I will defray] what is necessary
[as respects court costs], in due form on this ordinary
paper, for no stamped paper is available. I do not sign
this paper, for I do not know how, M[inis tro Jose
Marcos de Aguilar signing it at my request.
At the request of the petitioner, I affixed mysignature hereon,
Josef Marcos de Aguilar[Rubric]
[L.S., 13-15 pp., in E. 6/4/1781-11/29/1781]
37
15vDecree The above having been presented, and
in view of the circumstances that prevail
in this case, let Don Pedro Jose de
Furundarena, licentiate residing in the villa of El Saltillo,
be consulted in order that he might draw up his opinion con-
cerning whether--consequent to the spirit of the Pragmatic
Sanction that was issued by His Majesty--there is any basis
for the cause put forward by the uncles and brothers of
Maria de la'Trinidad Games to prevent the effectuation of
matrimony between Maria de la Trinidad and Vrbano de Ynojosa,
Indian from the mission of the Senor S[a]n Ant[oni]o. I
thus dispose and command, and I affix my signature hereon,
I, Don Don[ing]o Cabello: colonel in the royal armies;
governor and commandant of arms of the province of
Los Texas and its missions, conquered lands, and
frontiers; captain of the cavalry company of the royal
presidio of S[a]n Ant[oni]o de Bexar; and inspector general
of militia units and presidial troops of said province by
commission conferred by the lord commandant general of the
Interior Provinces of this kingdom of New Spain. Done at
this presidio of S[a]n Ant[oni]o de Bexar on the sixth day
of the month of September in the year seventeen eighty-
one, in the presence of attendant witnesses, with whom I
am acting in the absence of a notary, on this ordinary
paper, for none stamped is available; in witness whereof
I attest.
Cabello[Rubric]
Jose Plazido de Monzon Pedro Dias del Castillo[Rubric) [Rubric]
Attendant Witness Attendant Witness
[D.S., 15 v p., in E. 6/4/1781-11/29/1781]
38
39
16// _.. Royal presidio of S[a]n Ant[oni]o de
Bexar, September 20, 1781
On this date a copy of the foregoing proceedings was
prepared and dispatched with a consultatory letter,.con-
sequent to what is ordered in the immediately preceding
decree. And that it may be on record, I make this a part
of these proceedings, whereto I attest.
Ca bello[Rubric]
16v// [Blank] [D,S., 16 p., in E. 6/4/1781-11/29/1781]
40
[Cross]
Lord Governor:
Vrbano Ynojosa, Indian from-the,mission of S[a]n
Ant[oni]o Valero, appears before Your Lordship in the
most proper manner provided by law and states [the fol-
lowing]: Whereas he is currently thinking of contracting
marriage with a woman from his own mission; and since
there is pending before Your Lordship a petition concerning
the matrimony that he intended to contract a little less
than six months ago with Maria Trinidad Games, citizen
of this villa; and since the relatives of the said Maria
Trinidad did hinder the projected matrimony: now therefore,
he begs Your Lordship with all humility and submissiveness
to be pleased to order that the wishes ofthe said Maria
Trinidad be explored, so that, if she should desist [from
wishing to marry the undersigned], he could proceed to
the marriage [to another] that he aspires to. For all
of which:
I beg and entreat Your Lordship to be so kind as to dispose
and order done what is solicited above, for therefrom
will the undersigned receive mercy and justice et cetera.
Vrbano Ynojosa[Rubric]
[A.L.S., 17 p., in E. 6/4/1781-11/29/1781]
41
17vDecree The above has been presented. This //
case has not yet been concluded, because a copy
of these proceedings was remitted for consult-
atory purposes to the villa of El Saltillo in order to
resolve certain questions of law raised in them about
the effectuation of the aforesaid matrimony. Such remission
was made despite what is provided in article 10 of the
royal Pragmatic Sanction that was issued the twenty-
third of March of seventeen seventy-six and [despite] the
first and the eighth [articles] of the royal cedula of the
seventh of April of seventeen seventy-eight. Accordingly
it has not been possible to proceed to the determination
of the case. But in view of the relinquishment made by
the petitioner, let action be taken by myself, in the
presence of the attendant witnesses with whom I perform
judicial acts, to explore the wishes of Maria de la, Trinidad
Games, who was placed in and who remains in the home of Don
Jose de la Santa. She will be informed of the contents of
the preceding petition in order that appropriate action may
be taken, according as she may respond. I thus dispose and
order, and I affix my signature hereon, I, Don Dom[ing]o
Cabello: colonel in the royal armies; governor and commandant
of arms of the province of Los Texas and its missions,
conquered lands, and frontiers; captain of the cavalry
company of the royal presidio of S[a]n Ant[oni]o de Bexar;
42
and inspector general of militia units and presidial troops18
of said province by commission conferred by the lord //
commandant general of the Interior Provinces of this king-
dom of New Spain. Done at this royal presidio of S[a]n
Ant[oni]o de Bexar and the villa of S[a]n Fern[an]do on
the twenty-third day of the month of November in the year
seventeen eighty-one, in the presence of attendant witnesses,
with whom I am acting in the absence of a notary, on this
ordinary paper, for none stamped is available; in witness
whereof I attest.
Cabello[Rubric].
Jose Pla`zido de Monzon Pedro Dias del Castillo[Rubric] , [Rubric]
Attendant Witness Attendant Witness
[D.S., 17-18 pp., in E. 6/4/1781-11/29/1781]
Writ At the royal presidio of San Ant[oni]o de
Bexar and the villa of San Fernando on the twenty-
fourth day of the month of November in the year
seventeen eighty-one, I, Don Domingo Cabello: colonel in
the royal armies; governor and commandant of arms of the
province of Los Texas and its missions, conquered lands and
frontiers; captain of the cavalry company of the royal
43
presidio of San Ant[oni]o de Bexar; and inspector general
of militia units and presidial troops of said province by18v
commission // conferred by the lord commandant general
of the Interior Provinces of this kingdom of New Spain
[state the following]s In consequence of the immediately
preceding decree, I duly proceeded, together with the
attendant witnesses with whom I perform judicial acts in
the absence of a notary, to the home and residence of Don
Jose de la Santa, citizen of this community, in which [home]
Maria de la Trinidad Gamez was placed. At the request of
her uncles Jose Miguel and Fran[cis]co de Sales Gamez
and her brothers Carlos and Pedro Hernandez, all [four]
whom are soldiers in the cavalry company at this royal
presidio, she had been placed in the said home, while in
the meantime it was to be determined what the said four
relatives could adduce or establish in opposition to the
effectuation of the marriage which Gertrudis Peres, mother
of the said Marfa de la Trinidad Gamez, intended [for her
daughter] with Vrbano Ynojosa, Indian from the mission of
.San Ant[oni]o Valero--all of which is recorded in detail
in the papers prepared for the record. Therefore, and in
view of the petition presented by the said Indian Vrbano
Ynoxosa--wherein he forbears said marriage because he wishes
to contract matrimony with another, an Indian woman from his
own mission--I commanded that the before-mentioned Nlaria de
44
la Trinidad Gemez appear before me. And when she did so
appear I read her the petition presented by the afore-
mentioned Indian Vrbano Ynoxosa, and I advised her of its19
contents. I also explored // her wishes concerning whether
she would stand firm inwanting to marry the said Indian, or
whether she would give up that intention--so that he could
freely and openly contract matrimony with the Indian woman
upon whom he has decided. She replied and does reply
that the said Indian Vrbano Ynoxosa can marry, that he has
her very best wishes, and that she does not wish to marry
him and has nothing to demand from him. And on account
of her not knowing how to sign, the previously mentioned
Don Jose de la Santa did so at her request, since he was
in her presence. And I affix my own signature hereon, in
the presence of attendant witnesses, with whom I am acting
in the absence of a notary, on this ordinary paper, for
none stamped is available; in witness whereof,lI attest.
Dom[ing]o Cabello At the request of [Maria de la][Rubric] Trinidad:
Jose de la Santa[Rubric]
Jose Plezido de Monzon Pedro Dfas del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 18-19 pp., in E. 6/4/1781-11/29/1781]
45
Decree In consequence of what is set forth in thelgv
// immediately preceding writ in respect to
exploring the wishes of Maria de la Trinidad to
see if she wishes to create any impediment to Vrbano Ynoxosa's
entering into marriage in the manner indicated in his
petition, let the said Vrbano Ynoxosa be notified,by one
of the attendant witnesses with whom I perform judicial
acts in the absence of a notary, of what the above-mentioned
Maria de la Trinidad Gamez has replied. In virtue of her
reply, he may proceed to the effectuation of his matrimony
with a woman from his,own mission of San Ant[oni]o, for
he is free and released in every way from the obligation
that he could have incurred with the said Maria de la Trinidad
Games. After he has been so notified, let the remaining
proceedings be carried out in consequence thereof. I
thus dispose and order, and I affix my signature hereon,
I, Dori Domingo Cabello: colonel in the 'royal armies; gover-
nor and commandant of arms of the province of Los Texas
and its missions, conquered lands, and frontiers; captain
of the cavalry company of the royal presidio of San Ant[oni]o
de Bexar; and inspector general of militia units and presid-20
ial troops of said province by commission conferred //
by the lord commandant general of the Interior Provinces
of this kingdom of New Spain. Done at this royal presidio
of.San Ant[oni]o de Bexar on the twenty-fourth day of the
46
month of November in the year seventeen eighty-one, in
the presence of attendant witnesses, with whom I am acting
in the absence of a notary, on this ordianry paper, for
none stamped is available; in witness whereof I attest.
Cabello(Rubric)
Jose Plazido de Monzon Pedro Dias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 19-20 pp., in E. 6/4/1781-11/29/1781]
[Record of]Notification
On the aforesaid day, month, and
year, I. Josef Plazido de Monzon,
one of the attendant witnes°ses with
whom the lo"rd governor of this province performs judicial20v
acts, being at the mission of San // Ant[oni]o Balero
where Vrbano de Ynoxo[sa] has his domicile and residence,
did--in compliance with what is ordered in the immediately
preceding decree--to his person inform the said Urbano de
Ynojosa of what was stated by Maria de la Trinidad Gamez.
And having been read her statement, he stated that he had
heard it. This being all he said in this matter, at his
request Felipe Hernandez signed this paper. And that it
may be on record, I have made this document a part of
47
these proceedings.
Jose Plazido de Monzon[Rubric]
At the request of Hurbano:Felipe Hernandez
[Rubric]
[A.D.S., 20-20v pp., in E. 6/4/1781-11/29/1781]
Decree The suspension of the matrimony that Vrbano
Ynoxosa, Indian from San Ant[oni]o de Valero
Mission, wanted to effectuate with Marfa de la
Trinidad Gam.ez, [resident] of this community, depended on
the official communication that was sent by me to the Senor
B[achill er Don Pedro Fuentes, priest in charge of this villa21
// of San Fernando and vicar and ecclesiastical judge of
this province. The aforenamed Indian, having seen the
suspension of publication of his marriage banns, appealed
to the above-named senor priest and vicar, seeking publica-
tion of the remaining banns. Fuentes then forwarded the
petition to this tribunal. Then, in virtue of other proceed-
ings that were carried out in the matter--specifically, for
the reasons manifested in the decree of the twenty-third
of the current month--this case was suspended. But now it
has been concluded for reasons that have obtained by virtue
48
of another petition-made by the afore-mentioned Indian
Ynoxosa. Therefore, let these proceedings be delivered
to the said Senor B[achill er Don Pedro Fuentes, priest,
and vicar and ecclesiastical judge of this province, in
order that he might be so kind as to acquaint himself with
them and to affirm that the parties [that originally wanted
to contract matrimony] are free and exempt from any obliga-
tion they might have incurred, for purposes that are
appropriate or that may become appropriate. May Fuentes
also be so kind as to enter his record of having been
informed of this decree. Proceedings [have been] concluded.
I thus dispose and order, and I affix my signature hereon,
I, Don Domingo Cabello: colonel in the royal armies;2lv
governor and commandant of // arms of the province of
Los Texas and its missions, conquered lands, and frontiers;
captain of the cavalry company of the royal presidio of
San Ant[oni]o de Bexar; and inspector general of militia
units and presidial troops of said province by commission
conferred by the lord commandant general of the Interior
Provinces of this kingdom of New Spain. Done in the royal
presidio of San Ant[oni]o de Bexar and the villa of San
Fernando on the twenty-sixth day of the month of November
in the year seventeen eighty-one, in the presence of
attendant witnesses, with whom I am acting in the absence
of a notary, on this ordinary paper, for none stamped is
49
available; in witness whereof I attest.
Cabello[ Rubr ic ]
Jose Plazido de Monzon Pedro D.ias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 20v-21v pp., in E. 6/4/1781-11/29/1781]
0
Villa of S[a]n Fern[an]do and royal presidio of S[a]n
Ant[oni]o de Bejar, twenty-sixth of November, seventeen22
// eighty-one. The Senor B[achille r Don Pedro Fuentes,
priest in charge of this aforesaid villa and vicar and
ecclesiastical judge of this province and its districts
[sets down the following]: The foregoing proceedings have
been examined, as have the contents of the immediately
preceding decree. And insofar as this ecclesiastical
tribunal is concerned, it is acquainted with this entire
case file and is aware of the mutual demission that the
parties involved--[namely,] Vrbano Ynojosa, Indian from S[an]
Ant[oni]o de Valero Mission and permanent resident thereof,
and Maria de la Trinidad Games, [resident] of this community--
ha.ve effected in!..,due legal form, as is on record. Therefore,
the said parties are in every way free, and the petitioner
can freely contract the matrimony he newly solicits. It
50
was thus disposed before me, the present notary public;
in witness whereof I attest. [Note: Entire document is
in Fuentes' hand.]
B[achille r Pedro Fuentes[Rubric]
Joseph Antonio de Bustillo y Zeuallos[Rubric]
N[otari o [del N[umer o
[A.D.S., 21v-22 pp., in E. 6/4/1781-11/29/1781]
Decree In view of the mutual demission that Vrbano
Ynojosa and Maria de la Trinidad Games have made,
each one on his own behalf, to desist from
effecting the matrimony which they had previously arranged,
and in view of other steps that have been taken on the part
of relatives of the said Maria de la Trinidad, these
proceedings are considered terminated, concluded, and22v
closed. This proceedings file shall be kept in the
archives of this governorship for purposes that are appro-
priate or that may become appropriate. I thus dispose and
order, and I affix my signature hereon, I, Don Domingo
Cabello: colonel in the royal armies; governor and comman-
dant of arms of the province of Los Texas and its missions,
conquered lands and frontiers; captain of the cavalry company
51
of the royal presidio of S[a]n Ant[oni]o de Bexar; and
inspector general of militia units and presidial troops of
said province by commission conferred by the lord comman-
dant general of the Interior Provinces of this kingdom of
New Spain. Done at this presidio of Bexax on the twenty-
ninth day of the month of November in the year seventeen
eighty-one, in the presence of attendant witnesses, with
whom I am acting in the absence of a notary, on this ordinary
paper, for none stamped is available; in witness whereof
I attest.
Ca bello[ Rubric]
Jose Plazido de Monzon Pedro Dias del Castillo[Rubric] [Rubric]
Attendant Witness Attendant Witness
[D.S., 22-22v pp.,-in E. 6/4/1781-11/29/1781]