ecross3 36 1748 · and,captain general of this province of thexas 1748 francisco garcfa...
TRANSCRIPT
eCross3
36 1748
Protocol of public instruments.for this
present year of 1748
executed in the presence of
General Don Pedro del Barri'o Junco y Espriella, governor
and,captain general of this province of Thexas
1748
Francisco Garcfa Larios--Jestzs Carv4llido
Francisco Garda: Lario s--Nlanuel Villanueba
Joseph Gonzales--Tomas de 0Jeda
In the roye.l presidio of los:Adays, on the.sixth day of
the montYl. of September , of: one thousand seven hlAndred forty-
captain general--of this province of Thexas and New Philippines,
eight, before me, General Don Pedro. del Barrio,°governor and
and the attendafit witnesses with whom I am acting for the recep-
tor^a, in the.absence of'a notary. pubZie orroyal
there is
Cbefore 3
none within the limits.prescribed by law
the,witnesses to
on,this eommonpaperwithout-detriment to.the..royal treaeury,
11.because no.stampedpaper.issold;in this said province,.Generalco
.Don Fran. Garcia Larios, former governor of this province,
vuhom` I certify: I, know, .'appeared in person and said that he did
reby sell by real- sale from this day Porward,in perpetuity,
to Don Man. de 'Villanueva, a. resident of this said presidio,
for the price an.d sum oF two hundred pesos in cash,. one negrou
[. Luis de Vrrutia^ C.yfre de Pazas; whom he obtained
by purchase from Don Joseph Carvallido,y. Villarino,.a reside.nt
of Mexico C;ity. The
of LieutenantColonel DonJusto Boneo, also a former,.governor
of this provinee, vohile he was attorney for pon Diego' Giraud,
a resident and warehouse keeper of Mexieo.City.and the ;executor
and heir of the said Don Justo'Boneo. Because-there was no
other Judge besides him,,. the vendor did not grant a contract
of sale but only a simple receipt for the amount paid for the
said of the said power, rwhich he
had3 given to the'aforesaid Don Joseph Villarino and which I,
. the said Judge saw executed in Mexico City on the. twenty-
eighth day of January of cone thousa.nd, seven huridred forty-
five. The said power was3 absolute and unlimited. It was
granted,3 in. order ,.tha.t in his CGiraud'. s3 name and in his
capacity as executor and heir' of the `above-meritionedDon Just.o,
Boneo,, he'. CCarvalhido y Villarino3 should...have authority to
execute severai things, among them.the sale of any slave be-
]:onging. to the said ;deceased by any means. or right whatever,
and for irohich =there was.` sufficient .: eQidence ' and proof of owner-
ship or.title. The sale or sales.were to.be made for the priceTv
orthe priees which he might.fix or agree //upon, payable in
cash or however he thought best. For the priceor prices paid,^.
he vnas to give receipts; renounce the.1aws of non delivery and
the others; and declare them ^the prices 3 to ^be: the .;just-. value.
He was to waive the, rights and actions of.the .:vendor, renounc-
ing and conveying the. same to the buyer or the bizyers. He
was to d'eliver to them the titles Without guaranteeing that
they ^the slaves^ were ree from vice, blemish, 'or illness. or
obligating him.cthe vendor3^ to;make restitution. He was to
grant the necessary documents and *Cto . specify3 -the penalties,'
'fees-, submissions,and other necessary clauses and requisites.
slave and a certified copy
For cthe execution3 ofthe foregoing, he cthe grantor. 3 bound
himself in due form in the said power, which was executed.-.
390
before Phelipe Antt. de la Pena, royal notary.
I certify that the said vendor received Cthe said price
and, sum of two hundred pesos in cash3 in my presence and in
the presence of the witnesses and that he granted a receipt,
in due form, for the same and also for the cost of this contract,
but that he did not pay the royal alcbala, which, however, had
not yet been imposed in this province. He is selling him as
a captive slave, subject to.servitude, free from pawn, mortgage
or any other liability.. However, he does not guarantee that
he is free from illness, blemish, or any other public or secret
defect; since he is selling him, for the said price, with what-
ever defects he may have or may prove to have. He declares
that that is his just price and that he is not worth more; but
in case he should be worth more, he makes absolute and irre- :
vocable gift and donation of the excess value, whatever the
amount may be, to the said buyer, called by law Ynter vivos..
He makes, the necessary insinuaciones and renunciation of the
laws. He waives and relinquishes his own, his heirs; his sue-
cessors; and his creditors' right, action, ownership, and
seignioralty to. the said slave and renounces, cedes, and conveys
1the same to the said Don Man. de Villanueva and his Cheirs
and successors3, in order that he may possess him or dispose2
of him as his own property, //obtained.and acquired with equit-
able and legal title by means of this sale. He is also deliver-
ing to him the other cdocuments, of ownership, which consist
0
of ten v^lid folios, as . stated atiove. He. consents to his being
given a copy of this document. As a real vendor, he obligates
himself to make, this`sale effective and secure.- For the
execution of the same, he binds his present and future assets
and,gives -power to the -justices of, His MaJesty who may or shall
have jurisdietion..over his causes,'and particularly those of
Ikexi-eo City. He submits to their fuero and 3urisdiction. He
renounces his own fuero, home', and community, the law of `Si
cumbenerit de jurisditione omnium ,udieum, the general laws,
and the others in.hi:s favor and. defense, in order that they
may, compel him to the execution of the foregoing as if
agreed to, and.not ; subject.. to appeal.
he said thd'e: Villanueva was pre.sent,
contract. exactly ,.as it read.^'he _`vendor and the buyer signed
at he accepted this
Sa:nt.os; Salvador de
Garaballido y Villarino,.i.n this royal,
presidio, before: the said governos^^ and my attendant witnesge:s
as: stated ;above. . I certify., .
Signedi
Don Pedro.del Barrio Junco y Espriella
C Rubric 3co
Fran. Garzia Lari.os Manuel.de.Villanueva.
CRubri c cRubri c 3
it
Contraet_
cof. sale.,
of:a negro
called
Nicoias
Patri cio
In the royal presidio.of lo.s Adais, the capital
of this province of.. //the < Thexas, on the seventh
day of the month 62 September` of the
th6usand3 seven hundred
General Dou Pedro del
general of this
year eone
f-orty-eight, before me,
Barrio,,governor,and:c.aptain
said -provirice, and :the attendant
Witnes.ses with wYiom I: am acting for the r.eoeptor^a,:
in the absence of a notabry public or royal;;notary because there
is none within tYie limits of one hundred leagues, and also
before the .witnesses to,this :9.natrument, e'which is,,.written3
on the present common paper without detriment:-to the.roya.l
treasury because:stamped paper,is,not sold in this province,co .
^appea.red iin person General Don.Fran. Ga.rda Larios, whom I
certify'that.`I, know. He said that.he did hereby acknowledge.1
that he was se2lirig by real sa:le. 1n perpetuity to .Don' Mari. de
Villanueva, a resident of this royal presidio, for him, his
Yieirs, successors;,- or assigns:, a negro called'Anttonio Nicolas.
Patricio Cofre de Pa-sma^: whom he obtained from Don Joseph Car-
vallido-y Villarino, the attorney:for Don Diego Jiraud;a
^reaident and warehouse keeper of .Mexico City and-the heir and
administrator`of Lieutenant:Colonel Don Justo`Boneo,
to whom the said riegro ,belonged.
deceased,
But because there was no
judge besides.the buyer; the only title he had was a simple
receipt for the amount cpaid3 and the titles held by the
deceased party of his constituent. I certify that on the
in
twenty-eighth of January of eone.thoueand3 seven hundred forty-.
five, in Mexicp City:, I witnessesthe execution of the power,
by whieh he CCa,rvallido -y, VillarinO] was. authorized to holdl
in custody the estate of the said :late Don Justo. .Boneo and to
sell any-slaves belongingto him.by any means:`or right vahat-
.ever for which there was sufficient evidence.and proof of
ownership and title. The said sales were to be made for the
price or prices whichhe might fix or agree uponpayable.in
,cash or however he thought best. For the price or.. prices
paid, he,wa.s'to give re.ceipts; renounce the.laws of non delive:FY
and the others;: and declare them ethe prices3 to be the just
. value. He was to waive the rights and actions Qf ,the vendor3,
renouncing and conveying the same to the buyer. He'was to
deliver.to. him .the titles without guaranteeingthat they Cthe3
slaves3- were free //from 'vice, blemish,, or. illness or obligat-.
ing him ethe vendor3 to make: resti.tiution:
necessary documents.
He was to grant the
This:said:sale was effected.for the priceand.suih of two
he eohundred pesos, whieh Icertify that^said General Don Fran.
Garcfa Larios received
nueva.in my presence.
form for the
from the aforesaid Don Man.,d Villa-
'The vendor.hereby grants reeeipt in
said amount as well as for the cost of this
due
con-
tract and of the Alcava.la. He is selling him.as acaptive
slave, subject to ^servitude, .free from ce:lso, mortgage, or, any
other liability.; However, he doe's, not. guarantee that he is
free from illness, vice, or. bTemish, which. he_ may, have . now or-,.
may contract; since he isselling him
price, which he
should
as he; is for the sai d
declares to,Just and all he is worth. if he
be worth more, -he, .renounces, cede a;
. said buyer the amount. _in excess,
and conveys to the,
whatever. it 'may be, and makes,
absolute and: irrevocable gift to him , of the excess,, called
by law nter vivos. , ..cHe' make sy the insinuaci`one s and renun-
ciations of thelaw in. due form,. He waivea. and renounces all
his right, aetion., owhership, and--.-seignioralty . to the said
slave; and cedes and conveys the same to the said buyer, Don
Manuel de Villanueva and his theirs3 1 in order. that he may
possess him or dispose o#' him as.his own property, obtained
and acquired with equitable and legal title bemeans of this
sale.and- of. the other Cdoeuments3 of ownership, consisting. of ,
six valid folios, -whichhe is.hereby delivering to him. For
the security* and 'effectiveness of this. sale, he binds his person
and present.and future assets. He empowers the Justices of
.His Majesty; who may have.jurisdiction over his cause's, and
especially those of this capit.al of, mexico, in :or'der that th e Y
may. compel him tto comply3 with the..foregoing as if CtYiis con-
tract3 were'. a sentence passed in a case that had been tried
in court, ; agreed to,. and not subject. to appeal. He renounces3v
his own' fuero, .//home, , and communi ty, the law of Si cumbenerit,
general laws, and those in his favor and def.ense. As
the said buyer was present, he said. that he a.ecepted this sale .
and.conltractas recorded above beeause he:had 8 een the -pow'er,
referred_t©:abovegiven by Don Diego Giraud and executed
before Pheli.pe ,Ant t. de la Pena, royal, notary. The said
parties to.this contract,_the vendor and the buyer, signed
this, in the presence of Don ^To8eph Gonzalez, Don Pedro los
5antos, and Salvador:de;Eepar2a, r.esidents_of this said royal
^preaidio^, bei'ore me and the'; witnesses, as. stated above. I
Qertify:
Si:gned t:
Don: Pedro
coFran.. Gar da Lari`o e
del Barrio Junco y Espriella
CRubricj1
Man; de Vi llanueva
r Rubricj: ;-cRubric3
witness: witness;
Pedro Jophe de.los;5enttos Pedro Peres;.
cRubriE' cRubri e 3
c,A.:D. S.: in Cuaderno,. September 6, 1748,
-"In. the royal presidio oF loe Adays, 'on. the nineteenth
day of the month of January.ofthe year eone thousand3 seven
<hundred forty-nine, before.me,,Genera]. Don Pedro Ael Barrio,
governor and captain general of this provineef i'hexas, the.
witnesses mentioned below, and, the attendant witnesses, with
whom I am.aeting for.the receptori"a, because there
public or roya3:notary, appeared in person General
i.s no notary.
Don Joseph.
Gonzalez, a resident of this royal presidio, whom.I certify
that I. know, He said that he did hereby give such, power as
As necessary and required, cby la:w3
lute and unlimitted,.to Thomas de
in order to be valid,*abso-
Ojeda, a.; soldier :of this
presidio,,-in order that, in the nameof thegrantor and.re--A.
. presenting.//his person", rights, and actions,he may collect^
and he sha11 collect, in fact, from- any persons, ecclesiastical
or see-ular, any,amouhts which they may owe him now:or in the
future; and especially Cto co7.lect3, i,n the villa of San
Fernandoin the jurisdietion of the royalpresidio of San_
Anttonio de VeXar; from Don Assencio Rasso some..mules with, •. ,
. their trappings which the grantor rented to him for a#'ixed
. period of time, which has -expired; also the,. rent mohey, which..-
-As,due and which, according to the agreement recorded in the
contract to which he refers and. which he is including with
this power, amounts to'. three' hundred pesos in cash. .He is also
. granting to him. thi s power in 'order tha.t^ he may appear and he'
shall appear before any .justices of His Majesty may God guard
him^; to present the aboge-mentioned: claim, or any otner, claims..
He shall present claims, °judically ' or ektraj udic iaaly, as he
consider advlsable.. He snatl grant receipts, promissory
notes; instr.uments, books, and the.like to justify his claims.
H e shall preeent wi.tnesses and,.challenge 'those : of. the oppoai-
tion. He shall present i.nfo.rmaciones,:recuse Judges and lawyers,
swear to his. recusations .or vpithdraw, them. He shall acquie,sce
sentenees,.when favorable and, aahen unfavorable, he shall
appeal.and'a.sk for a neW trial. For.wYiatever he.may receive
©r;collect, he $ha11 grant the.receipts and
of him'; for:everything he approve-s and confirms ,shall be as
valid3 a
shall do everything which he.cthe:grantor3 would do if hewere
.present. For: ethe execbtion -ofjall the foregoing and *df all
accessory and rele.vant actions, he grants.to hil this power,4v
in which he considers as included, Winserted, and declared
all the conditions required by law;,to-the end that the-said
attorney,. T'homas de. Ojeda, shall, not fail to aet. by reason of
the omission of any 'or of - all of them. For whatever. may be
executed by , virtue of this povuer-, he.binds, in due. form, his
person.and present and future assets.
and jurisdiction of the justices
those of this jurisdiction and captaincy general, in order
H.e submits to the fuero.
of His Majesty who may or
shall try thecasea to which he.is a party, especially to
that they may compel him to.comply therewith.'as if by a
s if.it had beenexecuted:by the.grantor.himeelf. He
sentence
passed in a case that hadbe`en tried in court,.agr.eed to, and
not subject. to appeal. . He renounces his own fuero,.home and
commu.nity, the law of Si cumbenerit de jurisditione omnium
J.udicuar, and the;general l,aiuvs. H,e also gives: him: complete
authority to, appoint one or two sizbstitutes. In w3tness
whereof, . he signed thi s'in, the presence of the witnesses.,co 0
namely,. Juan. Jo seph, de Santa, Cruz,. Fran. Aritt. de Napol.es.,o
and'Don Man. Ant:t.• Losoya, residents of this presidio, and
. of my s,ttendant witnesses, as stated abo-ie.,•; and on the present
common paper, beeause' there is no stamped paper, I certify..
Signed:
Don Pedro del Barrio Junco y Espriella Joseph Gonsales
IRubrici
Witness:
Pedro Peres
cRubric^
A.D.B
cRubric3
Witness:
Maauel deVillanueva
ERubric3.
n Cuaderno, September 6, 1748, iV^.-4V 3