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