Cllross,

In the Villa of S,a.,n Fernr-an,do deCorrected

Vejar' on the sixteenth day of the month(Rubric)

of Au,:gu,st of the year one thousand seven

rhu.ndr,ed and sixty-two, the writ of the fol=lowi,ng import,

by reason of its contents, was presented before me, D,o,n

4ngre,l de Martos y Nauarrete, Lieurtena,nt Colonre,l of the

Rroya,l Armi,es, Grovern,or and Gapt.ai,n Grene,ral of this

Provrinc,e of Thejas' New Philippines, its Pres,:idi,os, Con-

versions and Frontiers, with the military command of Panza-

cola and Coaguila and with the assristanc,e of the New King-

dom of Leon by His Majrest,y, may God prrotec,t him:

Scep.,.or Govrern,or and Captrai,n G.ene,ral:

We' the group of citizens who here appear signed, appear

before Y^our, I.rrordshi,p in the most competent manner to be

found within the law and state that about the year of forty-

five the former Very Excelle,nt ^e?.or Viceroy of this

New Sp ra, in was pleased to issue a s??p reri, or dispatch in

virtue of an opinion of the ^.et,_qr Auditor Grene,ral of

War (active)9 according to which the governor of this pro-

vrinc,e was to act. Among the points and clauses which

said sUpreri,or dispatch contains is one rproviding, that

said govrern,or examine (visually) the lands and waters

which might be had from this river and spring of San Pedro.

Once they had all been examined, they were to be awarded to

citrize,ns lacking land,.

The supreri;or dispatch was delivered to YCour, L,ord-

.shi,p's predecessor Dro,n Jasrin,to Barrios. Not known are

the motives or particular ends which assisted him in not

carrying out the cited sup,:eri,or dispatch.l thus opposing

the will of Hris, M,ajesty, and the supreri,or com^^land' and

leaving us totally helpless, deprived of the benefit of

being able to advance and cultivate the lands not only for

the enlrargem.e;nt of the population but also for our comfort

(a point which might arouse doubt in the suprcri,or mindlv

were the fact not so obvious and bublicly we11-know-n). //It

can only be presumed that said sup,eri,or dispatch must not

have been carried out because it contained within itself

other points of a different nature which, infallibly, neces-

.ene,ral preservatri,on ofsitated prompt remedy for the gr

everyone (,points, we shall o-mit for now but will deduce in

case it should be necessary).

Inasmuch as Yrour, Lrordshi,p is engaged in his g.ene,ral

Visitaj with the authority to distribute lands and waters to

the inhabit,ant,s: and cit.ize,ns of this government, and is

mindful of all the circumstances and requirements which would

lead to the fulfillment, in every way, of that which His

M,ajesty, again so recommends concerning the extensci,on of

the dominions, the enl.ar¢e:.^e,nt of the settlemenrt,s and

their protection for the purpose of checking and resisting

the arrogance and the assaults of the enemy barbarians, the

great grace of Yrou,r Lrordshi,p will be pleased to order,

because of that has been affirmed, that the supreri,or dis-

Datch be fulfilled, observed and executed, being pleased to

keep in mind that the cited sup.eri,or order provides that

the Grovern,or9 himself or through intell.igent and disinteres-

ted persons, make an inspection9 examination and appraisal

of the possible cost of the withdrawal or withdrawals of

water which may be conven,ie,nt to effect or undertak_e.

Once everything has been done and following this9 Yrour,

Lrordshi,p will be pleased to procede to such division and

awarding as Y,our, Lrordshi,p should find conven,,ie,nt,

ordering that all the original instrumre,nts be given to us,

not only for protecting our rights but also for purposes

advanta^;eous to us, our primary goal being directed (only)

toward serving His Majrest,y as loyal subjects.

Therefore, we ask and entreat Yrour, L,ordsh,ip to admit

this, our just request, and in view of it order done, pro-

vide and determine as we have requested, keeping in mind that

it is a service to the two lraj.esti,es and to the public good.

We ask and entreat, that it be accented on the ^resre,n_t

common papre,r for lack of stamped and because it is a land

of war. We swear we do not act in malice and to what is2

//necessary, etc.

At the request of Geronimo Florre,s:

Fran.cis,co de Estrada

J,ose,ph Ant,oni,o de Estrada

At the request of Pedro FlorCe,s. I signed for

him because he did not know how to sign:

Franrcis,co de Estrada

Jrose,ph Antroni,o de Estrada

Joaqrui,n Menchaca

Andres de Sosa

Pedro Florre,s

At the request of my son Salbador de la Garsa:

Santiago de la Massa

At the request of Charo, since he does not

know how to sign:

Ant,oni,o Maria de la Garsa

At the request of Bernardo J,oseph Martin:

Juan Yg,naci,o Martin,e, s

At the request of Christobal Peres:

Nicolas Jr-ose,ph de Villa Fuerte

Jrose,ph Felis Menchaca

Juan JCose,ph de 11ontes de Oca

Andres Ramon

C. 1-2 in E.8-16-1762,

0

Having seen the instrument,' I accepted it as having

been Dre sented and admitted on the present papre, r for the

reaso,n,s expressed. I should command and do command that

I, said G,overn,or9 accompanie,d by all of the community

and neighborhood, make an inspection of the mentioned with-

drawal of water from the Sra,n Ant,oni,o River, of the lands

which said water might irrigate and of the distribution of

the fields.

Thus I provided; ordered and signed, act?,ng as rece toria

in my own presence with att,:estin, gwitn.ess, es for lack of a

norta,ry. In witness whereof I certify:

Dro,n Angr-e,l de Martos y Nauarrete

Witness: Franrcis,co Anttoni,o Soliz

Witness: Bernrar,d.o de Miranda

C. 2 in E.8-16-1762,

In the Villa of San F'ernan,do' on the seventeenth day

of said month and year, I, said Grovern,or and Gapt.ai,n

0

G.ene,ral, in fulfillrme,nt of that ordered by me in the

preceding decree, went to the site and place where this Sra,n

Ant,oni,o River offers the most abundant supply for the,

withdrawal of water9 accompCanie,d by the cabildo, judiciary

and adminristrati,.on of this villa and the grreat,er part

of the commuhity. This withdrawal site is north of this

villa, is more than a league distant and has appreciable

ramounts, of level, cereal-growing land all around it.

In order that everything should be done with suitable

formality and inasmuch as I am informed that Geronimo Florre,s,2v

a citizen of this expressed //villa7 is skillful in withdrawing

water, I should have named him and did name him to measure

the lands which said withdrawal might irrigate 7 rmeasure, the

fixed distance between the last house of this villa and the

withdra^.Tal site' r-measure, the lands which might be culti-

vated7 restimate, the difficulties which present themselves

concerning the dam and canal and resti?nate, what everything

would cost. But before all these things, an oath shall be

administered to him in the prescribed manner, so that he may

carry out the office of land surveyor faithfully and legally.

Thus I provided, ordered and signed according to law.

I certify.

33

Dco,n Angce,l de Martos y Nauarrete

Witness: Franrcis,co Antconi,o Soliz

Witness: Bernardo de Iii randa

cC. 2-2v in E.8-16-1762,

34

Immediately thereafter I, said Gov,ern,or, in conse-

quence of that ordered in the preceding writ, had Geronimo

Florre,s appear before me and to his self-same person read

and made known said writ. Once he understood it, he said

that he would accept and did accept the appoin.trme,nt of

land surveyor, and swore in the name of God' Our Lro,rd^ and

a sign of the cross that .he would fulfill said office faith-

fully and legally, without deceit, fraud or falsehood, but

with all his loyal knowledge and understanding insofar as

he is commanded by me9 said Gov^ern,or' in the expressed

writ.

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

said Gov,ern,or, signed it with those ass,istin,g me,

with whom I act according to law. I certify:

B,o,n Angel de I`Aartos y Nauarrete

Witness: Franecis,co Antroni,o Soliz

Witness: Bern,ar,do de Miranda

C. 2v in B.8-16-1762,

0

05

In the Villa of Sra,n Fernran,do' on the twentieth day

of the month of Av. gu,st of said rsic, y.earl before me9 said

Govrern,or and Capt.ai,n Grene,ral, in view of the oath taken

by Geronimo Flore,s and since he had not given complete ful-

fill.?ne,nt to that ordered by me, he said that having mea-

sured the rnumber of, varas between the house of Luis3

Charo and the place where the //water is to be taken from

the Sra,n Antr-oni,o River9 he had measured a distance of

five thousand eight hundred and fifty-three varas, following

a fixed northerly route. There is no difficulty otjqer than

the short obstacle which presents itself to the canal of one

hundred and fifty vrara,s across the brow of the hill which

is called Zoma, de la Vieja, for, although the canal can be

built in another place, if it is to irrigate all the way it

is unavoidable that it come across the rr^entioned Loma de la

Vie j a on account of the very large ra?nount, of land it would

irrigate, for it would pass through five thousand vrara,s of

irrigable land9 of which the best to be found for the purpose

of planting is that which rests between the Arroyo of Sra,n

P,edr,o and the Sr_a,n Anteoni,o River. He examined the width

of the S.a,n Antroni,o River at the same place where the water

is to be withdrawn; he did not weigh the volume of water be-

cause it is constant and even though the river, should be

settled from its source to its outlet to the sea it would

have more than enough water, for everyone. He only measured

6

its width and found he would need a dam of thirty-five

vr-ara,s, twenty-five of them, two and three-quarters

v,ara,s in heighth and the rremaining, fifteen of one

and one-half varas, for, although the river narrows in

this place and is not more than twenty-five e'varas, in

width, the land on the opposite side of the withdrawal

site is lower and an additional fifteen v,ara,s of dam9

made of lime and stone, are needed on dry land. The cost

of the dam and canal will not be less than three thousand

resos of Ay2Ld_a de costa, even with the assistance of the

personal labor of the community.

He also presents the fact, that by making use of

this same withdrawal of water for the benefit of all the

solares and cultivated fields of this villa and of the one

now being used from the Arroyo. de S,a,n Predr,ol with

r-yet, another new canal he can offer accomodations not

only for a small population such as this but also for a3v

large city. However, in case this should be desired, //a

new ayuda de costa would become necessary, as would be the

conveying of families, with certainty, in from outside for

an increased population.

He stated this in order to discharge his oath of office.

He did not sign because he said he did not know how. I,

said GovCern,or, signed it with those assistih,,g me,

37

according to law. I certify:

D,o,n .Angre,l de Martos y Nauarrete

Witness: Fran,cis,co Ant,oni,o Soliz

Witness: Berncar,do de Miranda

,C. 2v-3v in L.8-16-1762,

38

In said villa. said day, month and year, I, said

Govrern,or and Gapt.ain Grene,ral) in virtue of that pro-

duced in these nroce edin, gs should command and do command

that as soon as a testimonio has been made of everything,

this original rinstrument, be filed with the judicial writs

pertaining to my Gene,ral Vissita, all of which are to

be remitted to the Ve,ry Excelle,nt SLetor Viceroy of this

New Sp,a,-n along with a report concerning the intent.

Thus I decreed and signed with th.ose assristin,g me,

with whom I act according to custom. I certify:

D,o,n Angre,l de Martos y Nauarrete

Witness: Franrcis,co Ant,oni,o Soliz

Witness: Bern,ar,do de Miranda

C. 3v in E.8-16-1762,

Agrees with its original, from which I, DCo3n Ang,:e,l

de Martos y Nauarrete, Govern,or and Gapt.ai,n Grene,ral,

had it taken. It is certain, true, corrected and adjusted.

Those present to oversee the transcription were Dro,n Andres

Ramon, D.o,n Martin Flor,:es and. DCo,n Juan Jrose,ph Montes

de t7ca9 citrize,ns of this said villa, where it is done

on the second day of the month of v,:eptem,ber of the year

one thousand sevr-en hundr,ed and sixty-two, acting in my

oVan presence with attrestin,g 6=ritnress,es for lack of a

notr_a,ry purbl,ic or Royal and on this common papre,r for

lack of the stamped. I certify all:

nD. Angel de Martos y Navarrete

(Rubric)

Witness:co 0

Fran. Ant. Soliz

(Rubric)

Wi tne s s :do

Bern. de Miranda

(Rubric)

r_DS 3v in E.8-16-1762,