'C' -^)lu

Year. . . Y . . . . ® O . of . . . . . . . . . . . 17719

Active demand submitted by d,o,n

Geronimo Barrera, resident of the

Provrinc,e of Coah.uila, against don

Juan Josef Montes de Oca, resident

of this Rroya,1 Pres^idi,o and Villa

of San Fernando, requiring the

latter to make good the sale of

some lands called the Zause, or to

pay him the amount of three hundred

and fifty pesos in which they were

sold.

Num. 1+

Geromimo Barrera vs. Juan Jose Montes

de Oca,. requiring the latter to make

good the sale of some lands called

the Zause, or bonify him in the amt.

of 93,0014300®002.

Christoval Barrera -

Purchase of 10 days

of water, 2 plawlands

and the part of cattle

lands of the Hacienda

el Sauce.

In the Villa of S,a,n

Fernando', under the jur-

is.dictio,n of the Prov,,-

inc,e of Texas, on the

sixth day of the month of

April of the year of one

thousand seven hundred

and sixty-eight, before me, don Marcos de Castro,

lesser mayor of second ranking of the said Villa,

appeared present don Joseph Montes de Oca, resident of

this referred Villa, whom I certify I know.

He stated that he confers, and upon agreement

sells, through a valid sale under oath of successioni

from now and forever, to don Christobal Barrera,

resident of the Vil1a of Coahuila, to his heirs and

successors, and to the one or those that might have a

claim or, pretense of right, vote or reason in any

way, 10 days of irrigating, water, two wheatfields,

along with the cattle land belonging to Maria.Quinones

from whom he bought.all the already mentioned. All the

said lands were divided between three heirs which are,

the aforesaid Maria Flores Quiflones (from whom he bought,

as stated), Joseph Flores Quinones and Josepha Flores

Quiflones, bDother and sisters and all heirs of the

Hacienda el Sause. He also sells, the part belonging

IS6

ito the said Manuel de la Peta, his father-in-law, who

bought it from the said Joseph Quitones, which no w

by succession, belongs to this grantor.

To the aforesaid don Christobal Barrera, he sells

all this free of mortgage, tribute or any other tax,

and at the price and amount of three hundred and fi£ty

pesos, which were paid to all satisfaction by effects

of its conte.nt. The seller, acknowledged receipt

for all this. Therefore, he renounced the general

exemptions from possession, and the Law, Num numerata

pecunia, and stated that this amount is the just and,

present value of the aforesaid ten days of water and

lands, not having a higher value. In the case of a

higher value, the said seller frees himself and donates

it to the said buyer, and here, he renounced all

requisites and invalidity by right necessary. He

calso, renounced the collective laws issued by the.

Court of Alcala de Henares about the things which are

sold or purchased for.more or less than its real

value, and the lapse of four years to aask for admis-

sion of this contract, or any, supplemental to the

real value,// thus, the laws, preventing great and

enormous detriments and frauds. He renounced all of

this. He gave up and relinquished all real and personal

rights of property and possession, and all he may have

I

about the aforesaid lands and waters. He yielded,

renounced and transferred them upon the aforesaid

buyer, giving him faculty that by his own authority

or judicially, as suited, he shall take and apprehend

the succession and tenancy of all referred. In the

case of not taking immediate possession, the s.eller,

will constitute himself as his lessee, possessor and

tenant, until and when requested by the buyer,. As

real seller and owner of everything he sells, he

obligated himself to the exception, security and

improvements of the expressed land. He rstated,

that there will not be a third person claiming rights,

pret6nding to buy, nor by succession, patrimony of

any other, because he sells free of lease, trans-

ference, mortgage or pawn. If under any of these causes

or any others, there should be a lawsuit, debate or

difference, after being notified, he will answer as

defendant, the suit's, costs being under his expenses

until reaching, settlement and peaceable possession.

He will do this according to all the articles, stage

of proceedings and prosecution of the suit, as obligated.

In the absence of fulfilling a settlement and peace-

able possession, he should return and pay in hard cash

the said amount, along,with the expenses, of improve-

ments on the Mnds and other, that the purchaser,

might have done, although not useful or necessary, add-

ing the expenses he has received, along with the costs

of the transaction. This can be carried out wi th only

the purchaser's, simple oath without providing instru-

ments to prove his statement and security.

The grantor, did obligate his person and properties

immediate and future, and did bind and submit his person

to all of His Majesty's magistrates, especially those

that, by virtue of the present, deed shall be inter-

ested, so that they may d.emand and compel: his tobe-

dience,. He did renounce his right of domicile and

community and any others as well as the Law Si con

venerit de jurisdictione omnium 11dicum and the general

exemptions provided by law.

In this manner, having the seller granted all the

expressed therein, I, the said lesser mayor certified

it in the manner prescribed by law. The said grantor

afixed his signature before me, being present d,o,n

Juan Banul, don Y,g,nasio Cabillo and d,o,n Martin

Lorenso de Armas, all residents of this aforesaid2

Villa, along with// my attesting witnesses with whom

I act as receptoria, in the absence of a notary p^ubli,c

or r,oya,l, of which there is none in the aforesaid

Villa under the legal terms provided by law,, and on

this present paper, because there is no stamped paper

189

available in this province. In witness thereof, I

certify.

Witness:co

Fran. (Illegible)

(Rubric)

Marcos de Castro

(Rubric)

Jrua,n Joseph Montes de Oca

(Rubric)

Witness:°.

Martin Flores

(Rubric)

,DS. 1-2 in E.^+-6-1768 ,

•Santiago de la Monclova. August 20th. of the

year of 1772®

el,, don Jocobo de Ugarte, Infantry Colonel of the

Royal Armies, Governor and Commander General of this2v

Province of San Francisco de// Coahuila, Nueva Extre-

madura, its presidios, conversions and frontiers, by

r.command of, His Maj,es,ty, (may God keep), making the

visit of inspection, did regognize this deed of sale

presented by the successors of Christoval Barrera of

the property of ten days of water, two wheatfields

and part of the cattle lands that were for sale in

the Hacienda of SEa,n Nicolas del Sauze of this juris-

diction. Supplied any redhibitory vices, defects

and nullities that it may contain, I had it recognized,

and as a consequence, I command to give testimonio of

it to the interested party, so at the end of six months

they should present themselves with it to claim the

aforesaid lands and waters here at this special land

court of the New Spain, and they should pay the amount,

in hard cash, which they would be charged with and would

correspond to His Ma,jesty, under the understanding

that upon failure of fulfillment, they will be persued

by all kinds of prejudices about the said lands and

waters.

141

This original is filed for future records in tle

protocol.under my care.

Jacobo de Ugarte

(Rubric)

Geronimo Barrera

(Rubric)

rDS. 2-2v in E.4- 6-1768 ,

I

In the Villa of Santiago de la Monclova, capital

of the Prov,:inc,e of Sran Franrcisco, de 4oahuila7 on

the twenty-seventh day of the month of April of this

present year of one thousand seven hundred and seventy-

six, before me, don Angel, de Jauregui, political

Lieu,tenan,t, Govrern,or of this aforesaid Villa and

its jurisdictior, by rappointment of, the senor Colon.el

don Jacovo de Ugrar,te y Loyola Commandant GoveErnor,

of this said province, appeared in his own person,

whom I certify I know, don Geronimo Barrera, legitimate

son of don Christoval Barrera, deceased and resident

that was of this aforesaid Villa.

He stated that for the foregoing purpose, complete

consent was given to Y?im, by '..his mother dona Maria

de Zapopan, which I certify is true, to give and confer

all such ample legal power as is or may be of expedience

or necessary to don JGose,ph Santiago Peres, resident

of the Villa of San Fernrand,o and R,oya,l Pres,idi,o

of San Antonio de Bexar, to enable him in his name

and as representative of his own person, rightsand

actions, to solicit and collect' ..inainly from dro,n

Juan Joseph Montes de Oca, rersiden,t of the said

pres,,idi,o} the amount of three hundred and fifty

pesos, wh.ich is on record he received from his deceased

father, don Christoval Barrera, in a deed of sale he

i43

issued in the referred Villa of San Fern,:and,o, on the

sixth day of April of the year of one thousand seven

hundred and sixty-eight before d,,o,n Marcos de Castro,

lesser mayor of second ranking of the aforesaid Villa,

,deed, which has not had any effect.

In regards to the fact that, the aforementioned

grantor intended to sell the plawlands along with the

pasture lands mentioned in the said deed of sale, and

which had been contradicted by don Joseph de Castro,

also resident of this said Villa, the said judge called

my attention with sufficient titles and recognized3v

documents, that in the_place of el Sauze// mentioned

in the aforesaid deed, there were no more pasture lands

than those measured to him. by justified right and

superior order. Therefore, I am returning the referred

deed of sale to him by which he obligated himself, as

in the present case, to refund the aforesaid sum of

money he received, plus the interest charged from tl'e

said year up to the present, being under his costs to

bring out without diminution ror, deprivation the afore-

said lands, leaving them in a qui6t and peaceful posses-

sion.

For the foregoing purpose, as it is said, he con-

fers all such ample legal power to don Joseph Santiago

Peres, to enable him as representative of all his rights

and actions., to appear, either as plaintiff or defen-

dant against, any person of any rank or condition,

before H^a.s, Mrajesty, and setores of his presidios,

councils and audiencias, and before His Holyness the

Pope, and His Papal Nuncio, and other judges or justices

as may be expedient and solicited his obedience,. He

shall demand, answer and deny, retain and protect,

provide documents, inventories, higuelas, affidavits;,

certifics.tions and other papers and surities of impor-

tance. He shall present them, make exeptions rand,

decline jurisdictions. He shall demand verifications

of restitutions, provide documents, witnesses, and

certifications. He shall deny or contest any adverse.

He shall challenge judges, erudits, scriveners and

notaries and shall explain the causes of his challenges,

and if necessary take an oath about them, prove them

or relinquish himself from them. He shall demand

adversaries to take an oath of calumny and a decitory

oath_ and any others as may be necessary. He shall ask

for executions and sequestrations to be made. He

shall confer quittances and, embargoes, give oath for

sale or auction of property. He shall accept trans-

actions, take possession and protection. He shall4

conclude and ask, hear decrees//and judgments, inter-

locutory and definitive, consent to that which is

favorable, and oppose and appeal that which is

prejudicial, and proceed by law whenever necessary in

all instances. He shall obtain writs, royal provisions,

judicial ordinances, and other necessary orders, pres- .

ent these wherever may be expedient and solicited their

obedience and fulf illment.

For the.foregoing purpose, incident or dependant

thereon, the plaintiff grants this present legal

power, so by virtue of it, he shall act on everything

that may be of expedience or necessary as the grantor

would, with full qualification and authority to enter

suits, to appoint substitutes, to relieve thern. and to

appoint other substitutes again, and to grant relief

to all® For the efficacy of all the expressed herein,

the plaintiff, obligates his person and properties

immediate and future and does bind and submit himself

to the laws and jurisdictions of such of H,is,

.Mrajesty's, magistrates as may and shall be interested

so that they may demand and compe:l his obedience as

though a legal judgment has been passed in a court

tried by a competent judge, and agreed by the grantor.

He renounces his right of domicile and community and

others as well as, the Law Si con venerit de juris-

dictione omnium judicum and the general exemptions

provided by law.

In d,ritness thereof, he did grant this legal

power and afixed his signature with me the said judge,

and with my attesting witnesses with whom I act as

receptoria in the absence of a notary public or royal

of which there is none under the terms provided by law

and on this present ordinary paper without detriment

to the Royal Treasury, because there is no stampedAV

paper available. Present to see it grantewere d,o,n

Santiago Moneo y Carzedo, d,o,n Juachin de los Sea,ntos

Coy and d,on Pedro de Abrigo, all residents of this

said Villa, where is done on the aforesaid de.y, , month

and year. In witness thereof, I certify.

Juan Ange,l de Jauregui

Geronimo Barrera

Witness: Thomas Franrcis,co Flores y Valdes

Witness: JEose,ph Bustillos

,C;C-34,-v in E.4-6-1'768,

This agrees with the original from which it was

taken to the letter and to which I am referring. It

is filed in the archive under my care for its constancy.

It is truly transcribed without detriment to the Royal

Treasury :.on two useful pages of this common paper

because there is no stamped paper available. Present

to see it transcribed, corrected and adjusted were the

same epersons, present to see it granted, being,all

residents from th.is Villa, which is done on the said

day,.month and year by request of the party before me,

acting as.receptoria as it is known. In witness thereof,

I certify..

Juan Ang,e,l de Jauregui Witness:

(Rubric) Thomas Franc,is,co

Flores y Valdes

(Rubric)

Witne s s :

Jeose,ph Bustillos

(Rubric)^ ^.

4v in E.4-6-1'768,

I

, CroSs'

Sezor Governor

,Dear Sir:

Geronimo Barrera, resident of the Villa of

Coahuila, with due respect appear present in this

.rVilla, of San Fernando before the greatness of Ycour,

E,xcellency,, and with greatest respect I state that

iden,t of thisdro,n Juan Joseph Montes de Oca, resr

R,coya,l Pres,idi,o of S,a,n Anto,,nio, de Bexar, con-

tracted with my deceased father a certain debt which

increased up to the amount of three hundred and fifty

p esos. To satisfy it, rMontes de Oca., issued a corres-.

ponding I.O.U. or promissory note, and not fulfilling

the debt in a long time, my deceased father came from

that Villa to this one in the year of rseventeen hund-5V

red and, sixty-eight to request// payment from the

referred Montes de Oca. At the time of the requisition,

he said to my fa,ther, that he was at the moment with-

out sufficient cash to satisfy this payment,, but

that, he could pay him only if.,my father, would

accept two p^awlands and, ten days of water, along

with the cattle lands correspondrin,g to Maria Quitones

from whom he said he had obtained all the already men-

tioned. This appears in the deed of sale which with

agreement of my^aforesaid fa,:ther, took place in the

I

I

same year' and before the mayor d,o9n Marcos de Castro.

Upon rthe mentioned, deed, the superior integrity

of Y^our, Erxcel..lency, can base the demand of my rights.

For the foregoing purpose, I include and present the

deed of sale, for the justification of Yeour, E,,xcell-T-

lency's, proper action.

Being null and void all contained in the said

deed,,I could not, in any way, achieve payrnent of the

cited amount, even ^fter granting legal power to don

Santiago Peres, also resident of this aforesaid pre-

sidio. For greater exposition of this case, I also

make the aforesaid instrument, present to the superi-6

ority of Y,our, Erxcellency,, and I mak e notice// that

since the day of my arrival to this referred pres,idi,o,

I have req,uested rpayment, at the debtor's, house at

least ten times so he would pay me and I would have

been exempted from bothering the superior attention of

Y,our, E,xcellency,. Not having accomplished it, I

hope you would deem excuse my long exposition an d would

command the aforesaid Montes de Oca to make the due

payment, being this of justice.

Therefore, and in the manner prescribed, I

entreat YGour, Erxcellency, to do and provide as I

have asked, for it is just and merciful, notifying

the;.referred don Juan Joseph Montes de Oca he should

refund the costs charged for the request of the said

payment.

I also request from Y^our, Erxcellency, to accept

this instrument on the present ordinary paper, for

there is no stamped paper available. I swear to that

prescribed, and to what is necessary.

Geronimo Barrera

(Rubric)

rDS. 5-6 in E.4- 6-1768 x

I acknowledged the preceding instrumentas admittl-e:d,6v

along with the referred legal documents.// By virtue

of the. presented deed of sale and power of attorney

being legal, and because the benef_icial conveyance of

the lands and others that d,o,n Juan Joseph Montes de

Oca from this community sold to don Christobal Barrera,

resident of the'V,ill.a of Coahuila' has not been

achieved, the referred dro,n Juan Joseph de Oca should

.be notified, that at the end of three days he should

give the attorney representative of don Christobal

Barrera, the lands and others described in the said

deed of sale, or should refund, the three hundred and

fifty p.eso,s which were paid to all his satisfaction

by effects of its content,-with the understanding that

it will be proceeded to that prescribed by law.

Thus I provided, ordered and signed, I, aro,n

Domring,o Cabello, Colonrel, of the RC oya,l Acrm.i^,es,

Gov,ern,or and Command,er of the army of the Prov,inc,e

of Texas, its missions, conquests and frontiers;

Captain of the cavalry division of the R,oya,l Pre-

s.idi,o of Sra,n Antconi,o de Bexar•, Inspector General7

of the militrar,y divisions of the said// prorvinc,e,

and commissioned to inspect the cavalry division of

this Rroya,l Pres,idi,o and the one of La Bahia del

Esp,i^'i,tu S,an,to by com,missio,n conferred by the

sener comrmandan,t grene,ral of the internal provinces

of this kingdom of the New Spain.

Done in the Rroya,l Pres,idi,o of Sra,n lknt,oni,o

de Bexar, an d Vrillza of Sra,n Fern,an,do, on the

twenty-sixth day of the month of August of the year of

one thousand seven hundred and seventy-nine, before my

attesting witnesses with whom I act in the absence of

a notary, and on this ordinary paper for there is no

stamped paper available. I certify.

And fifty correcrted, - Valid -

0

Cabello

(Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubi.rc) (Rubric)

Witness Witness

r_^S. 6-7 in E.4-6-1'768,

I

Notification On the said day^ month and year,

I, don Jose Plazido de. Monzon went

by the residence of d,o,n Juan

Josef Montes de Oca, and although I had done it on

three different, occasions, it was not until the

fourth time that I could make effective the preceding7v

notification, a verbal order from the seho^r//

govrern,or of this province. And having done it in

the presence of the said Montes de Oca, he stated and

answered trha,t since he had to cross-demand the

accusation make by d,o,n Jeronimo Barrera and the one

ordered by the said se_;,:ftor gov,ern,or, he requested

that a copy of the original document should be taken

by a notary, so he could proceed in the most conven-

ient manner.

In witness thereof, I took it down as part of

the proceedingsm

Josef Plazido de Monzon

(Rubric)

,ADS. 7-7v in E.4-6-1768,

I

S

I, Juan Joseph de Oca, resident of this Villa of

San Fernando and San Antonio de Bexar, appear before

Yrour, L,ordship, senor Governor and Commandan,t In-

spector don Domingo Cabello, and say according to law

and to what convenes best, to my rights, that not-

withstanding Yrour, Lrordship's, justful order notify-

ing me on the twenty-sixth of August of one thousand

seven hundred and seventy-nine, that within three days

(which would be on the twenty-ni n.th of the same month),

I should refund in cash.the amount of three hundred and

fifty p ,esos, demanded before )E-rour, L^ordship, by

Geronimo Barrera, resident of the Villa of Coahuila,

legitimate he_i_r of don Christobal Barrera, deceased,

calso, resident of the said Villa of Coahuila, by

virtue of the deed of° sale which I gave the said don.

Christoval Barrera in this Villa about the lands. be-

longing to me in the Hacienda el Sause, jurisdiction

of the said Coahuila, and which now have originated

the prejudice that the lands have been taken away from

them; or, if not refunding the said amount, I should

restore to the plaintiff the quiet and peaceable

possession of the referred lands, by obligation of

the contract given. I entreat Y,:our, Lordship, to

consider hearing the following reasons I would explain

to my favor:

There is no doubt that judicial instruments, I

/mean those made with all the requisits ordered, com-

manded and established by our civil rights - common as

well as municipal, - enjoy an invoilable sacredness so

absolute and respected in the fulfillment of that

stipulated within,.that if it would not be for this,

the order of the contracts would be upset'; all the8v

monarchical order would fluctuate, not keeping the//

towns I know within the due peace and justice. :Accord-

ing to the Statute Law or the, adversary, I am so

convicted of what now seems against me in Y,our,

Lrordship's, tribunal, that I necessarily have to pass

through one of the two conflicts, reither, return the

amount demanded, or restore peaceable possession of the

lands.

My conscience is not an arcanum visible to God

only, but to Y,our, L,ordship, also. To this matter

I will make a faithful narration of the truth, and if

the truth; is not this way, I shal l be accused of

unfaithfulness.

It happened that intizat year of seventeen hun-

dred, and sixty-eight to sixty-nine, the aforesaid

don Christobal, the same one mentioned in the deed,

came to this Villa. He stayed at the :-,house of don

Juan Andres Travieso, being the purpose of his visit

156

besides requesting payment of some small debts he

had, in!this place,, to negodiate with me. As well

known friends,.rhe wanted, me to help him. out of the

financial need he. had about the determination of setting

for his son, don Matias Barrera, who was studying in

the seminar of Guadelaxara, a chaplaincy for the accom-

plishment of the clerical ordination he was seeking.

By giving him the lands I had in Coahuila in the Hacienda

el Sauce, since I had a fairly good income and I was

not making any use of them, he could with them, afford

his project. My simplicity, the desire I have always

had to act well, along with that of cooperating to

achieve such a holy cause, plus the request of a friend

in such a difficulty, impelled me to tell him that for

such a purpose I would make a free and clear donation

to those lands. He replied that he had a reason to

believe the seflor Bishap would not accept the deed as

a donation, that if I wanted to help him, I should make

the instrument a deed of sale. Here it was where most

of my candor, or to say it better, here it was where

most of my simplicity, because without ponder and

looking into the future, which now I regret, we went

to the royal justice vested then on don Marcos Castro,

and I issued the deed of sale without receiving the

price of the land, since we had settled it this way.

9To prove this, I did renounce// the Law Non numerata

Pecunia or, money not paid, and others cited in the

aforesaid deed,. rAfter, issuing the deed of sale, he

left very grateful, but now I realize how deceived I

was,

By looking at the deed of sale it is hard to

believe that i did not receive the price of the sale,

but the rfact, that I did not receive.it is so clear

in my conscience that I would swear it before God, as

witness of the truth, and with a sign of His Holy

Cross before Y,our, L,ordsh.ip's, tribunal and before

all the tribunals of the world, one and a thousand

times if necessary, since this is not the first case

showing that what I am saying is the absolute truth in

the tribunal of my conscience, and which, could not

be proved in the judicial tribunals for lack of in-

struments. I could, bring innumerable and authentic

instances to prove it, as in the case, of Susan,

who was sentenced to death.by false witnesses, and

the prophet found out about the maliciousness of the

witnesses. This case is of evidence in Chapter thir-

teen from Daniel. rAlso the case, of San Estanislao,

Bishop and martyr in Cracobia of Poland, having bought

a piece of land in which he built a church5 he paid

the price without having a deed issued by the sellerT

58

a man named Pedro. Because of the kindness of one and

the other, the Saint fLas accused before the King of

Poland as usurper of the said land. The Saint, denied

the charge,, and when the King did not pay attention

to his statement, he offered to bring the seller, who

had been dead for three years, to the presence of the

King, as he did, everybody being astonished and hor-

-rifyed. Likewise, J could cite, a thousand more

cases,. In this manner9 I wish there would be a prophet,

or that I could bring don Christobal Barrera back so

he would tell the truth and prove my innocence. But

because of our'lack of faith these means are not

easily achieved; therefore, I appeal before Y,our,

Lrordship's, tribunal of justice and mercy, that

through this present instrument, you would see the

reasons which.I allege.

The oath I offer, because of its trueness, would

carry a lot of weight and would make justice balance.

In addition, for major glory of God and not mine, I

say that I am a Christian and I have alvyrys been9v

notoriously good// in this vicinity, performing

justice many times in it, and serving in the official

councils without ever being charged with any vice.

Being I sixty years of age, and consequently very

close to death, I do not want to lose my soul.t_, by

: ^ `.^:p ^ ^

usurping what belongs to my neighbour.

It would be also helpful tQ know that don

Christoba.llBarrera was a poor man, a great deal more

than I'- and I offer to prove it with witnesses that

knew he could not get three hundred and fifty pesos

in cash or effects to pay'as a price for the said

lands. The eye witnesses who will certify my state-

ment that the mentioned Barrera was poor, because of

the notoriousness here as well as in Coahuila, of the

carriage he brought with him, and his personal appear-

ance when he.came to the said negotiations, are don

Marcos de Castro, mayor at that time; don Juan Andres

Travieso in whose house he stayed, and which was

actual regidor of this Villa; don Joseph Marcelino

Martinez, likewise regidor of this Villa; don Jacinto

Delgado, mayor that has been of this Republic; don

Ygnasio Lorenso de Armas and don.Ygnasio Calvillo,

all competent witnesses and free of all the general

exemptions from testifying. From these depositions,

it can be determined the legitimate conclusion which

I am trying to make evident: that to a man of the

condition of don Christobal Barrera, it -vvo uld have

been not only very difficult, but a27*most moraly

impossible to have such a large amount of three hun-

dred and fifty pesos, to give as payment for the

referred lands.

Assuming, but not agreed, that I had received

the money, I want to convict myself, and I am going

to^defeat the plaintiff with his oti,m. arms. By virtue

of the deed given by me, don Christobal Barrera went

and took quiet and peaceable possession of the lands,

as it is of evidence in the visit of inspection from10

the senor governor don Jacobo Duarte, original//

.which follows the same deed of sale that Y,our, Z,ord-

ship, has .probably seen,. This rvisitation, ordered,

that within three days from the prescribed date, the

interested heirs of the lands described in that instru-

ment should appear before the senor 'ueg privativo,

under penalty if not doing so -vrithin the prescribed

time, to ask.for the lands and claim, their acquired

rights to them. Such trifles do not refer to me, but

to the Barrera's, who were the actual owners. It is

in this manner that it was not my fault that someone

else, seeing the indolence of the actual possessors,

in spite of the warning in the.order of the visitation

to go to the 'uez privativo to secure auction, had done

it and had taken the lands away, especially, when .;_

,they, could have fixed it with the said judge, or

by paying a tax to the King our sovereign, as commanded

by the laws of th.e Recopilacion de Indias.

Therefore, I should not be compelled to restore

possession of the lands, nor to give the money rback „

because, since they were the indolents, they shouldr;.

P^take the punishment. On the other hand, why did they

I

not make an immediate demand to me so that through my

own person and under my own, expenses, I would have

made a cross-demand and, making this my cause, I would

have been a defendant as promised in the.deed of sale,

until leaving them or restoring a peaceable possession,

or refunding the received price. But now, they have

given a chance for someone else-to take possession

of the lands, for over three years, against which

,period of time, there cannot be a demand ror, claim

according to the Law Ex trian,^,nia.li op sse tione nulla

lisrotest moveri, them having remained up to now as

quiet as in church.

For better evidence of the aforesaid, I state

the following case: I sell a horse for one hundredlOv

pesos, but// without issuing, a deed because the raiser

,of the horse, is in Z:aredo. T_he^_ buyer said for the

raiser to go by his place, so he can issue a deed to

him, but he does not do it. The buyer, arrives at

Coahuila, and since the horse is making too much.noise,

among others, the horse, is seen by a judge, whom

through a judicial order, commands the owner to sell

the horse. The owner, also ignores the order. The

horse is taken away by one of the heirs of the horse's

brand, and the bv.yer,, although he has,^a receipt for

the one.hundred esos, will not have auction for the

refund. The same thing happens in this lawsuit. Knoting

,,the plaintiff, that the lands had not ryet, been given

away by the 'uez privativo, although, having been

ordered by the decree of the visit of inspection under

the penalties established therein, they insisted on

their indolence remaining silent as if dead, coming

afterwards demanding for me to pay for their indolence

by refunding the money or restoring the lands. It is

an impiety to expect Justice to allow such a thing.

If a free donati_onmade in the tribunal of conscience

could now be undone,_I should force them to give the

lands to my peaceable possession, since they were lost

because of their indolence.

I also state that it is absolutely true I owned

such lands in the Hacienda el Sause, a fact I authen-

tically prove with the decree of the visit of inspec-

tion of the senor governor, since he would not have

visited a false deed or a.,deed, from lands which did

not exist, nor would he have ordered the plaintiff to

appear before the juez privativo. I do not know why

the setor _12Lez of Coahuila certified that there were

not, nor had ever been such lands at the said place11

that I could sell as mine,// because the purchaser

new very well what I was giving him, since he was

not a foreigner in Coahuila. If the lands, were not

there, they should immediately have demanded the

refund, of the money, instead of waiting twelve years.

Therefore, I humbly ask and entreat y,.our, Z,ord-

ship, to do and provide as I ask, and to admit this

instrument on the present paper for there is no stamped

paper available. I swear I do not act with malice and

to that prescribed, etc.

Ju,an, Joseph Montes de Oca

(Rubric)

^AD5® 8-il in E.4- 6-1 768 ,

M

I order that without detriment to the executive

channels, a notification should be given to don

Geronimo Barrera.

Thus I provided, ordered and signed, I, d,o,n

Domingo Cabello, Colonel of the Royal Armrie,s,

Gov,ern, or and Command ran t of the army of the Pro-

vince of Texas, its missions, conquests and frontiers;

Captain of the cavalry division of the R,oya,l Pre-

sCidi,o of San Antroni,o de Bexar; Inspector General

of the military divisions of the said prorvinc,e and

commissioned to inspect the cavalry divisions of this

Royal Presidio and the one of La Bahia del Espiritu

Santo by commission assigned by the s,enor command,an,t

g,ene,ral of the internal provinces of this kingdom of

the New Spain.

Done on the first day of September of the year of

one thousand seven hundred and seventy-nine, beforellv

the// attesting witnesses with whom I act in the ab-

sence of a notary, and on this ordinary paper because

there is no stamped paper available. In witness

thereof, I certify.

Cabello

(Rubric)

c

Witness: Witness:

Josef Plazido de Monzon Manuel Flores de Valdes

(Rubric) (Rubric)

,.DS. 11-11v in E.?+-6-1768,

rDear, Sir:

I, Geronimo Barrera, party suing in these pro-

ceedings, request the necessary solemnity required by

law, to appear before Yrour, L,ordship, to atate, that

I have seen the notification Y,our, Lordship, has just-

fu.I:ly ordered to be given to me about don Juan Josef

Montes de Ocats answer to my demand. According to the

nature of his exposition, he tries to confuse this trial

with preambles and conjectures, pretending through this

court to exonerate the charges I have made against

him, without realizing he lacks the expressive proofs

for his conclusions® Although I consider myself

ignorant, it seems to me that he has based his proofs,

S

in relation to his simple allegation.

Being able to increase the debt I have demanded

by presenting other charges to Y,,otar, L,ordship,9

,,such as, the shipment of seven mules that my deceasedl2v

father sent// to the said dro,n Juan Josef Montes de

Oca, charging; seven pesos per head a year, I do not

wish to do so, since I do not want to reverse or hinder

the executive order of these proceedings,. I also

have omitted the cost of the said mules, which were

not returned, along with the cost, of some head of

cattle, that at that time the deed of sale which heads

these proceedings was issued, he delivered on account

^ `°'.^..

of Jacinto Hernandes, resident of La Bahia del Espiritu

Santo, who did not have any from the referred Montes de

Oca, delivery which m.y father backed up, suffering this

and other frauds. I do .rnot wish to prolong this

trial uttering new charges, nor bother Y,,our, L,ord-

ship.'s, superior attention.

With all respect, I reproduce my request, asking

Ytour, L,ordship, to deem command the efficacy of my

previous request to which in all and by all I referred

to, attentive to Your, L,ordship's, justified integrity.

By virtue of my demand, and the need of my request,

I entreat Yrour, Lrordship, to provide as I ask since

it is of justice. With mercy, I hope you will exercise

.justice, you are accustomed to practice,the most honest r13// admitting ralso, this my instrument on this present

ordinary paper for there is no stamped paper available.

I swear to that prescribed and necessary, etc.

Geronimo Barrera

(Rubric)

eDS. 12-13 in E.4- 6-1768 ,

For a better judgment and without detriment to

the executive channels, I order a notification to be

given to don Juan Josef Montes de Oca. After -nre-

paring these proceedings, the notification of them will

be assigned to one of the attesting witnesses with

whom I act, who in,order to leave these proceedings

in the fiands of the referred Montes de Oca, che,

should make the latter, give a separate receipt upon

delivery of these proceedings done, on thirteen and

a half pages, not delivering them without such requisite.

Thus I provided, ordered and signed. I, don

Domingo Cabello, Colonel of the rroya,l armies; Gov-

ernor and.Co_mmanda,nt, of the armies of the Pro,:vince

of Texas, its missions, conquests and frontiers; Cap-

tain of the cavalry division of the Rroya,l Presridz,o

of San Antonio de Bexas; Inspector G,:eneral of the

military divisions of the said pro.vinc,e and commis-l3v

sioned to inspect and organize the cavalry divisions//

of this Royal Presidio and the ones of La Bahia del

Esp,iri,tu S,an,to, by commission assigned by the

se,i^^or commandant general of the internal provinces

of this kingdom of the New Spain.

rDone, in this Villa of San Fernando and R,oya,l

Prej;idio of San Antonio de Bexar, on the seventh day

of the month of September of the year of one thousand

69

seven hundred and seventy-nine, before the attesting

witnesses with whom I act in the absence of a notary,

and on this ordinary paper because there is no stamped

paper available. In witness thereof, I certify:

Cabello

Witness:

Josef Piazido de Monzon

(Rubric)

(Rubric)

Witness:14

Manuel Flores y Valdes//

(Rubric)

,.D5. 13-13v in E.4-6-1768,

SeYlor Gov rerno, r

I

I, Juan Joseph Montes de Oca, resident of this

Villa of San Fernando, in the form prescribed by law,

appear before Yrour, Lrordship,7 obeying Y,our,

Lrordship's, superior decree of the seventh of Sep-

etembe,r of this present year, by which a notification

of the subsequ.ent proceedings presented before Yrour,

L.ordship, was given to me about deo,n Ger.onimo

Barrera's demand,-so, by legal right, I should allege

whatever necessary to my favor. I again reproduce

the few arguments I exposed in my first writ, which,

if they would have been arranged and framed by an

attorney, would, without a doubt, have made a tremen-

dous impression on Yrour, L,ordship,.

Christobal Barrera was a poor man. He did not

have anything with which he could buy the two cattle

lands and the ten days of water I had in Coahuila.

In addition to my oath, I offer to prove it with the

seven witnesses I have already mentioned, and with

others if necessary. Christobal Barrera was not a

child, but old and mature. He was not ignorant or

lacking judgement, but a man that knew very well

what he was receiving. Fortunately' he had not

just arrived from other lands to Coahuila, but he was

born there, and he knew very well I had such lands and

waters in el Sauze, and he came with the purpose of

0

I

requesting them from me.L

Why, after the recognition of the deed, and after

don Christobal BarrerA's successors were summoned to

appear in the land court for the security of their

right, as customary by law, did not do it, receiving

the punishment provided in the writ of the visitation.

Now they want for me to pay for it, and it cannot be

,right, because the waste of all, tho'se years to

,cl.aim, the said lands and waters back, was not my14v

fault.// When a thing lacks blame, the innocent can-

not be indicted, as is proved by all the positive

canonical and civil laws, and even by the natural,

or the People ' s Law.

Why did not Christobal Barrera countercharge me

on time? He lived long after the deed had been issued.

He was not sick, crazy or blind and Cyet, he did not

do it by word, nor by a written instrument. His heirs

rdid not notify me, even after the regognition of the

deed, the instrument that was.issued on the year of

,seventeen hundred, and seventy-two, August 20. ^And,

even, four years later which was on the year of

seventeen hundred and, seventy-six as is of record in

the instrument, of power of attorney given, to d,o,n

Santiago Peres, which is included in these proceedings.

Finally, the plaintiff's, demand encloses too

much deceit as Y,our, Zordship, will notice if atten-

tively deem consider the said reasons. If necessary,

I will make this more clear.

Considering all these reasons, it seems that I am

free of D,o,n Geronimo Barrera's charge against me. Z

,must, add, that until the latter arid the rest of

dCo,n Christobal Barrera's heirs would indemnify,

justify and imputate themselves, that by ommission,

the loss of the lands was not in them, although I do

not owe the three hundred and fifty pesos, I will set

them in their hands.

Now I ask from Y.our, Lordship's, honest and

justful action to sentence do,n.Chrzstobal Barrera

and his successors, to restore to me, the loss of the

ten days of water and the said two cattle lands since

they were the guilty ones. If they say that it was

my donation and I should not sue them, we will get to

the point and I will remain silent. But if they in-

sist on their demand, they shoulci:compensate the loss®

If they imputate themselves about their omission, I

will pay the money to them.

Dro,n Geronimo Barrera stated in his first

instrument, that I gave his father a promissory note

^ of three hundred and fifty -pesos. I ask Y,cour,15

L,ordship, to administer an oath to him about this//

matter and about the precise cla;,se where he makes

th..is statement, and Ycour, L,ordship, will find the

ovious duplicity and deceitfulness of his demand. All

I have said is well based and proved, and I have not

.,form,left the proofs of my rights in the relative

as d,o,n Geronimo Barrera stated.in his second instru-.

ment, he being the one who left his in the ablative

,form,. Your Lordship, should also administer an

oath to him about the mules that in the said instru-.

ment he established I had from his deceased father,

because I swear I have never in my life had mules

,mine or, from anybody, and this I will also prove

with as many witnesses as you would request. My

occupation in this rVilla, has been obvious, as well

as my practice and means of support. This is without

a doubt another deceitful charge of the plaintiff

which he will never be able to prove.

Finally, don Joseph. Marselino Martines, present

regidor of this Villa, competent witness, will testify

under oath before Y,our, L,ordship,, a.f. he knew that

what d^o;n Christobal Barrera and I negociated was a.

donation or a sale, since the said Martines came into

my house just at the time when the said Barrera and

I were talking about the said negotiation.' With this

and more I will expose if necessary, my justice will

17 4

be sata.sfied,

YCour, Lrordship, should also summon Jacinto Her-

nandes, resident of La Bahia® An oath should be admin-

istered to him to testify, if I, at any time or in

the aforecited rtime, received heads of cattle from

rBarrera, of anybody; and then Ycour., LEordship, ^^rould

understand the plaintiff"s, perverseness®.

By virtue of all this, I entreat Yrour, Lcord-

ship, to deem provide as I have asked, admitting this

my writ on the present paper because there is no

stamped paper available® I swear this is not of

malice and to what is necessary, etc.

Juan Joseph Montes de Oc

(Rubric)

,DS. 14-15 in E.1+-6-17b8,

17 5

0

I

r.After, having seen the preceding inst_rument,:^

and for a better judgment, I command to take the

depositions this party requests from dzo,n Marcos de

Castro9 dro,n Juan Andres Traviesol dro,n JL6se,ph

Marcelino Martinez, d,o,n Jacinto Delgado, dro,n

Ygn,.:aci,o Lorenso de Armas and dro,n Ygn,:aci,o Calbillo,

so upon the religiousness of the oath will testify if

it is true that a formal transaction did-not take place

between d,o,n Juan J,ose,ph Montes de Oca and d,:o;#

Chrristo,bal Barrera about the sale of the place,

el Saus, but rather this said deed was issued as a

donation in favor of the latter for the purpose of

serving as capz-tal to ordain his son. Also, if the

said Barrera was so -poor that he could not have the

importance of three hundred and fifty pesos mentioned

in the deed issued by Montes de Oca, as C^price, for16

the purchase of the cited place of el Sause.// For

all this9 dro,n Geronimo Barrera should also be

summoned to testify about the promissory note between

his father and the said Montes de Oca®

Done this, a dispatch should be sent to the com-

,mandan,t of the Presidio of La Bahia del Espiritu

Santo to take testimoi?y to Jacinto Hernandes, some

one from that.presidio, so under the religiousness of

the oath would testify if it is true that the aforesaid

Montes de Oca sent him certain number of cattle to be

delivered to dro,n Ch,risto,bal Barrera, and also if he

had a herd belonging to the referred Montes de Oca,

thus to better proceed_as best corresponds with the law.

Thus I provided, ordered and signeds I9 d,o,n

Domingo Cabello, Gov,ern,or and Com,mandan,t of the

armies of the Prorvinc,e of Texas, its missions, con-

quests and frontiers; Cap,:tai,n of the cavalry division

of the.Rroya,l Pres,:idi,o of Sa3n Antonio de Bexar;

Inspector G^^ene,ral of the military divisions of the

I

said Province and commissioned to inspect the cavalry_l6v

divisions// of this Roya,l Pres,idi,o md the one

of La Bahia del Esp,,iri,tu S^an,to by assignment con-

ferred by the s,eror com,mandan,t grene,ral of the

internal prov{in,ces of this kingdom of the New Spain,

Done in this Villa of Sra,n Fern,an,do and Roya,l

Pres,idi,o of Sea,n Ant,oni,o de Bexar, on tl-e

twenty-second day of the month of Sep.tem,ber of the

year of one thousand seven hundred and seventy-nine,

before those attesting witnesses with whom I act in

the absence of a notary, and doing it on this ordinary

paprer, because there is no stamped paper available®

I certify. corrected two - valid-

Cabello

(Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubr.i.c)

Witness Witness

,ADS.. 15v-16v in E.4-6-1768,

.176

Notificat'ion In the Royal Pres,idi,o of Sra,n

Ant,oni,o de Bexar, on the twenty-

thTrd day of the month of Seprtember of the year of

one thousand seven hundred and seventy-nine, by order17

of the preceding decree, I notified// dro;n Ceronimo

Barrera in his own presence of that provided in the

preceding decree. He stated he gives himself as

summoned to hear the testimony of the witnesses pre-

sented by the part of d,o,n Juan Jose,ph Montes de

Oca, being himself ready to take the requested depo-

sition.

rHe, did not sign because he does not know how.

I, the mentioned gov,ern,or did it. I certify.

corrected se.- valid.

Cabello

(Rubric)

,ADS. l6v-17 in E.4-6-1768,

Royal Pres,idi,o of Sean..An,toni,o de Bexar. September.

24, 1779.

Explanation The dispatch ordered in the pre-

ceding decree, was sent on this date,

so the com,mandan,t from the R,oya,l.Pres,idi,o of La

Bahia del Esp,ciri,tu S,an,to should take the requested

testimony from Jazin,to Hernandes. In witness thereof

I took this down as part of the proceedings. I certifye

17vCabello//

(Rubric)

,ADS. 17 in E.4-6-1768,

M

1 rstm Witness. In the R.oya,l Pres,idi,o of

Testimony of San Antonio de Bexar, on the

d,o,n Marcos de twenty-eighth day of the month

Castro, 48 years of Septembe,r of the year of

of age one thousand seven hundred

and seventy-nine, I, d,o,n

Domingo Cabello, Colonce,l of the Roya,l Armies;

Gov,ern,or and Commandant of the Army of this Prov,inc,e

of Texas, its missions, conquests and frontiers; Cap-

tain of the cavalry division of the Rroya,l Presridi,o

of San Antonio de Bexar; Inspector Grene,ral of the

military divisions and presidial troops of the said

proGvinc,e by commission assigned by the sefior

com,mandan,t g,ene,ral of the internal provinc,es of

this kingdom of the New Spain, by virtue of the pre-

ceding decree and with the purpose of taking ,the

requested, testimony, summoned dr-o,n Marcos de Castro,

resident of this Rroya,l Pres^idi,o and Villa of San

Fernando, witness presented by do,n Juan Josef Montes

de Oca, to appear before me. In the presence of my

attesting witnesses with whom I act in the absence of

:on Geronimo Barrera'a notary and in the presence of dr

I administered an oath to the witness, which he took

in the name of God our Lord, and a sign of His Holy

Cross in the prescribed manner of the law which he

S

ended by saying I swear and Amen, under penalty of

which he promised to tell the truth insofar as he knew

and might be questioned, remaining present throughout,

the mentioned d,o,n Geronimo Barrera.

Upon questioning the aforesaid deo,n Marcos de

party// presenting him,Castro whether he knew the

and whether he knew d,o,n Christobal Barrera,.deceased

and resident that was from the Villa of Coahuila, he

replied he had known the referred Montes de Oca and

Barrera for many years and up to the present.

Upon questioning the witness, about whether he

knew that when he was mayor of this Villa he issued

the represented deed of sale placed in the first

page second part of these proceedings, he rep,lied,

after having seen it, that he had issued it, pre-

ceding to it, the circumstances expressed within.

Upon being questioned whether he knew the

said deed was issued as a donation to serve as cap-

ital to ordain a son of the said Barrera; as well

as if he knew that Barrera, was so poor he could

not have had the importance of the three hundred

and fifty pesos which in effects mentioned in the

said deed, he gave to Montes de Oca as payment for

the, purchase of the cited Sause expressed therein,

the witness replied that if he would have known

8 2

I

such a thing could have preceded between the said

Montes and Barrera, he would not have issued such

a deed' and quite the contr•ary,he had always been

under the impression that the said deed, had been

real and valid because all the circumstances and

requisites provided by law, preceded to it. 161:The

witness, stated he had seen in Coahuila, that the

said Barrera lived decently with comfort, and had,

a vineyard that produced him enough to achieve a

comfortable income, and that he had also learned

that he had some herds.18v

,He stated, this is all he can say about what//

he had been questionedl without having heard anything

against the matters in question. After this, his

statement had been read to him, he stated it was

correct concerning he had nothing to add to what he

had testified, which he affirmed and ratified under

the oath taken. Although the general exemptions from

testifying pertain him about Montes de Oca because the

latter being married to a sister of the witness, and

because the mentioned Barrera being an uncle of the

said witness, he stated that everything he has de-

clared is the truth under the oath taken.

He said to be forty-eight years of age. He

signed it with me and those attesting witnesses

183

with whom I act, doing it on this common paper

because there is no.stamped paper available. I

certify.

Cabello Marcos de Castro

(Rubric) (Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

Witness: Witness

S. 17v-18v in E.4-6-1768,

94

I

2nd. Witness. On the.said day, month.and

Testimony of year, I, thementioned

dro,n Juan govEern,or, for the efficacy

Andres Travieso, of that mentioned in the

43 years of age. aforesaid decree, summoned

d,o,n Juan Andres Trabieso,

resident of this Rroya,l Presridi,o and Villa of San

Fernando, witness presented by d,o,n Juan Joseph

Montes de Oca, to appear before me,, In the presence

of my attesting witnesses with whom I act in the

absence of a notary, and in the presence of d,o,n

Geronimo Barrera, I administered an oath to the

witness,, which. he took in the,narne of God our Lord,

and a sign of His Holy Cross inthe prescribed man-

ner of the law which he ended by saying I swear

and Amen, under penalty of which he promised to tell

the truth insofar as he knew and might be questioned,

remaining present throughout, the mentioned d,o,n

Geronimo Barrera.

Upon questioning the aforesaid do,n Juan

Andres Trabieso whether he knew the party presenting

him, and whether he knew dro,n Christobal Barrera,

deceased and resident that was from the Villa of

Coahuila, he replied he did know the party and d,o,n

Juan Joseph Montes de Oca, since all of them were

185

residents of -this Villa. He had knowm, the referred

Barrera when he had stayed at his home.

Upon questioning the witness about whether he

knew that a deed of sale between the said Montes de

Oca and Barrera, issued in the year. of seventeen

hundred and sixty-eight about the sale of a place

named el Sause in the Province of Coahuila, was19v

,issued, as a donation for the purpose// of serving

as capital to ordain a son of the said Barrera; and

also that the latter was so poor he could not have

had the importance of three hundred and fifty -pes0

which .in effects he gave to Montes de Oca as payment,

for the purchase of the expressed place el Sause, he

replied that he was ignorant about the circumstances

upon which the mentioned deed was issued. He.only

,knew, that Barrera, had come to this Villa to

request payment of certain debts; so he was told by

the mentioned Barrera when staying at the witness'

home. During the time he stayed at his home, the

witness, saw that the said Barrera frequently visited

with Montes de Oca. After the aforesaid Barrera left,

he learned that one of Barrera's debtor was the

referred Montes de aca; and that the said Barrera

has a decent living.in Coahuila by making vintage and

harvesting wheat.

He stated, this is all he could say about what

he has been questioned. Upon being asked several

questions about this matter, and after answering, he

stated he had nothing to add to what he had already

testified. After this his statement had been read

to him, he stated that it was correct, concerning

he had nothing to add to what he had already testi-

fied, all of which he affirmed and ratified to be20

true under the oath taken.//

The general exemptions from testifying do not

I

pertain him as far as any of the parts. He said

to be forty-three years of age. He signed with me

in the presence of those attesting witnesses with

whom I act, and on this common paper because there

is no stamped paper available.

Cabello Ju,an, Andres AlbaresTrabieso

(Rubric)(Rubric)

Josef Plazido de Monzon Manuel Flores y' Valdes

(Rubric) (Rubric)

Witness Witness

S. 19-20 in E.1+-6-1768,

0 M,

S

Immediately thereafter, I,

the mentioned govcern,or,

for the efficacy of that men-

tioned in the aforesaid decree,

summoned d,o,n Ygnacio

Lorenso de Armas

resident of this R,oya,l

Pres,idi,o and Villa of San Fernando, witness pre-

sented by don Juan.Josef Montes de Oca. In the

presence of my attesting witnesses with whom I act

in the absence of a notary, and in the presence of

dro,n Geronimo Barrera, I administered an oath to

the witness, which he took in the name of God our

Lord, and a sign of His Holy Cross in the manner

prescribed by law, which he ended by saying I swear

and.Amen. Under penalty of the oath taken he prom-20v

ised to tell// the truth insofar as he knew and

3rd. Witness.

Testimony of

d,o,n Ygnacio

Lorenzo de

Armas, 74 yGear,s

of age.

might be questioned, remaining present throughout,

the mentioned dro,n Geronimo Barrera..

Upon questioning the aforesaid d,o,n Ygnacio

Lorenzo de Armas whether he knew the part presenting

him, and whether he knew don Christobal Barrera,

deceased and resident that was of the Villa of

Coahuila, he replied that he has known d,o,n Juan

Josef Montes de Oca for many years and up to the

0

present; he also knew the deceased deo,n Christobal

Barrera as well, whom he had met in Coahuila to-

gether with all his brothers; seeing him, afterwards,

when Barrera, had come to this Villa.

Upon questioning the witness, as whether he

knew that a deed of sale, issued in this Villa be-

tween the said Montes de Oca and Barrera in the year

of seventeen hundred and sixty-eight before don

Marcos Castro, mayor of f:larst ranking, about the

sale of a place named el Sause in the Province of

Coahuila, was issued, as a donation to serve as

capital to ordain a.son of the said Barrera; and

also, if he knew, that ,Barrera, was so.poor he could

not have had the importance of three hundred and

fifty pesos which in effects he had given to Montes

de Oca as payment, for the purchase of the expres-

sed place el Sause, he replied he did not know about

such a deed, nor about the possession in question.

When the witness was in Coahuila, he stated, he

had seen that the said Barrera had the means of,^I

a decent living,by harvesting some wheat. Although

the witness, had met Barrera, several times when

visiting this Villa, he had never learned about the

motives for Barrera's visit,, nor if he had brought

some goods to sell.

The witness stated, that this is all he has

to say about what he has been questioned. After

this his statement had been read to him, he stated

that it was correct, concerning he had nothing to

add to what he had already testified, which he

affirmed and ratified under the oath taken.

The general exemptions from testifying do not

pertain to him as far as any of the parts. He said

he was seventy-four years of age. He signed it with

me and those attesting witnesses with whom I act,

on this common p-^kper because there is no stamped

paper available. In witness thereof, I certify.

Cabello Ygnacio Lorensoderarmas

(Rubric) (Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

Witness: Witness:

S. 20-21 in E.4-6-1768,

190

0

4th. Witness In the aforesaid day, month and

Testimony of year, I, the mentioned gov,ern,or,

d,o,n Ygnacio for the efficacy of that mentioned^^v

Cabillo, 42 in the//aforesaid decree, summoned

years of age do,n Ygnacio Oabillo, resident of

this Roya,l Pres,idi,o and Villa

of San Fernando, witness presented by d,o,n Juan Josef

Montes de Oca, to appear before me. In the presence

of my attesting witnesses with whom I act in the

absence of a notary, and in the presence of don

Geronimo Barrera, I administered an oath to the

witness, which he took in the name of God our Lord,

and a sign of His Holy Cross in the form prescribed

by law, which he ended by saying I swear. and Amen.

Under penalty of the oath taken,, he promised to

tell the truth insofar as he knew and might be

questioned, remaining present throughout, the men-

tioned d,o,n Geronimo Barrera.

Upon questioning the aforesaid dGo;n Ygnacio

Cabillo whether he knew the part presenting him,

and also, whether he knew deo,n Christobal Barrera,

deceased, and resident that was of this Villa.of

Coahuila, he stated he has known do,n Juan Josef

Montes de Oca for mran,y y^ear,s and up to the

present, and that he had met d,o,n Christobal

Barrera at the ranch called the Mules, where he

stayed on his way back to this Villa. when he came to

Coahuila.

Upon being questioned whether he knew that a

deed of sale between the said Montes de Oca and Barrera,

issued in the year of seventeen hundred and sixty-

eight when Barrera, came to this Villa, before d,o,n

Marcos de Castro mayor. of first ranking that was of

,the sa3.d Villa,, about the sale of a place called

el Sause in'the Province of Coahuila, was rissued,

a

^;fi^

as a donation^`for the purpose of serving as capital

to ordain a son of the said Barrera; and also that

. the latter, was so poor he could not have had the

importance of three hundred and fifty pesos which in

effects he gave to.Montes de Oca as payment, for the

purchase of the expressed place the Sause, the witness,

replied that in regard to the deed.of sale, he had

not knotian anything about the matter, and the only

thing he could testify about, was, that the night

when they were together in the referred ranch of the

Mules, being engaged in a long conxersation with the

mentioned Barrera, he had told him that the reason

of his visit to this province was.to find a way to

arrange some means to support one of his sons he had

studying in the Seminar in the city of Guadalaxara,

and that he was going to collect some heads of cattle

to the said ranch of the Mules, which the witness

testified were given as payment to Barrera, by some-

one named Baldes from this vecinity. The witness-

also testified that Barrera, was going to La Bahia del.

Espiritu Santo to collect other heads or cattle given

on his account by the said Montes de Oca. Latte.r,,in

this Villa, the aforesaid Montes de Oca told the

ewitness, that he had given the cattle, to Barrera

because the latter, being so poor, had to come so

far to find a way to support his son.

,The witness, stated this is all he has to say

about what he has been questioned. Upon being asked

several questions about this matter, he stated he had

nothing to add to what he had already testified.

After this his statem6nt had been read to him, he22v

stated//2 that it was correct, concerning he has

nothing to add to what he had already testified'

which he affirmed and ratified to be true under the

oath taken.

The general exemptions from testifying do not

pertain to the witness, as far as" any of the parts.

He said to be forty-two years of age. He signed it

with me and those attesting witnesses with whom I

act, and on this common paper because there is no

stamped paper available. To all of,th.is, I certify..

Cabello

(Rubric) Ygnacio Cabillo

(Rubric)

Jofef Plazido de Monzon Manuel Flores y V^aldes

(Rubric) (Rubric)

Witness Witness

S. 21-22v in E.4-6-1768,

0

5th Witness

Testimony of

d,o,n Josef

Manual Marce-

lino Martinez,

50 years of age

In the said Pres,idi,o, on

the said, day, month and year,

I, the mentioned govicern,or,

for the efficacy of that men-

tioned in the said decree,

summoned JoseC Manuel Marcelino

Martinez resident of this

R,eoya,l Pres,idi,o and Villa of San Fernando, witness

presented by d,o,n Juan Joseph Montes de Oca, to appear

before me. In the presence of my attesting witnesses

with whom I act, and in the presence of do,n

Geronimo Barrera, I administered an oath to the

witness, which he took in the name of God our Lord,

and a sign of His Holy Cross in the form g.rescribedIa

by law?f>,/ which he ended by saying 1 swear and Amen.

Under penalty of the oath taken,, he promised to

tell the truth insofar as he knew and might be

questioned, remaining present throughout, the men-

tioned deo,n Geronimo Barrera.

Upon questioning the aforesaid d,o'n Josef

Marcelino Martinez, whether he knew the part pre-

senting him, and whether he knew d,o,n Christobal

Barrera, deceased anu resident that was of this

Villa of Coahuila, he replied he has known d,o,n

Christobal Barrera for many years.

anuel

195

Upon-being questioned whether he knew that a deed

of sale between the said Montes de Oca and the re-

ferred Barrera, issued on the year of seventeen hund-

red and sixty-eight when Barrera, came to this Villa,

given before d,o,n Marcos de Castro then`mayor of first

ranking of the r.said Villa,, about the sale of a

place named el Sauze in the Province of Coahuila, was

issued as a donation for the purpose of serving as

capital to ordain a son of the said Barrera; and also

,whether,he knew, that the latter, was so poor he

could not have had the importance of three hundred

and fifty pesos, which in effects he gave to Montes

de Oca as payment for the expressed place of el Sause,

he stated that he had not known the circumstances

preceding the said deed, nor if it had been a donation,.

He could only state that, having gone one morning by23v

Montes de Dca's house, he met// the referred Barrera

there, and they were talking about the expressed place

of el Sause. He heard Montes de Oca saying that he

was donating the lands of the said place, to which

Barrera replied.he coiild not receive the lands,

under those terms because if the senor Bishop would

learn that the said lands had been donated, he was

not going to approve of it, unless they were given x`.

under the proper terms. The witness realizing they

196

were talking about business, left, not knowing how

the said matter ended. He stated, he knows and he

is certain that the said Barrera had in Coahuila some

hand$uls of mares, some lands, and he was also making

wine`and burbon from a vineyard he had. He also had

some mares from which the witness rented five for two

years, paying the amount charged,, on that same

ocasion when ^Barrera, had come to this Villa.

The witness stated this is all-he has to say

about what:he has been questioned. After this his

statement had been read to him, he stated that it was

correct, concerning he had nothing to add to what

he has testified7 which he affirmed and ratified to

be true under the. oath taken. Although the general

exemptions from testifying pertain to him about Montes24

deOca because the latter, being married// twice to.

two of the witness's cousins, and being the mentioned

Barrera the witness' cousin in third degree, he

stated that everything he had testified is the truth

under the oath taken.

He said to be fifty years of age. He signed this

with me and those attesting witnesses with whom I

act, and on this common paper because there is no

stamped paper available. To all of this I certify.

Cabello

(Rubric) Jeose,ph Mancuel, aMar,tinez

(Rubric)

Josef Plazido de Monzon

(Rubric) Manuel Flores y Valdes

Witness (Rubric)

Witness

,DS. 22v-- in E.4-6-1768,

198

I

6th Witness

Testimony of

dco,n Jacinto

Delgado, 46 years

of age.

In the Royal Pres,idi,o of

San Antonio de Bexar, on the

first day of October of the

year of one thousand seven

hundred and seventy-nine, I,

d,o,n Domingo Cabello,

Colonel of the R,oya,l Armies, Governor and Com,man-

dan,t of the armies of the Province of Texas, its

missions, conquests and frontiers; Captain of the

cavalry.divisions of the R,oya,l Pres,idi,o of San

Anto,ni,o de Bexar; Inspector g,ene,ral of the military

divisions and presidial troops of the said province

by commission assigned by the srefior, Com,mandan,t

of the Internal Provinces of this kingdom of the

New.Spain.

As a consequence of the decree issued on the

twenty-second day// of last month of Sep,tembe,:^-,

and for the purpose of taking testimony, I summoned

d,o,n Jazinto Delgado, witness presented.by d,o,n

Juan Joseph Montes de Oca to appear before me. In

the presence of my attesting witnesses with whom I

act in the absence of a notary, I- administered an

oath to him which he took in the name of God our

Zord and a sign of His Holy Cross in the form prescribed

by law, which he ended by saying I swear and Amen.

I

Under penalty of the oath'taken, he promised to tell

the truth insofar as he knew and might be questioned,

not being present.d,o,n Geronimo Barrera on account

of being ill in bed with fever.

Upon questioning the aforesaid don Jacinto

D elgado whether he knew the part presenting him, and

whether he knew d,o,n Christobal Barrera, deceased

and resideht that was of this Villa of Coahuila, he

stated he has known the r.6ferred Montes de Oca for

many years and up to the present, and he had met

Barrera when he had come to this presidio.

Upon being questioned whether he knew that a

deed of sale between the said Montes de Oca and

Barrera, issued in the year of seventeen hundred and

sixty-eight, about the sale of a place named el Sause

in the Province of Coahuila, was a donation for the

purpose of serving as capital to ordain a son of the

said B.arrera; and also Ewhether he knew, that Barrera.,25

was so poor he could not havq had the importance of

three hundred and fifty pesos which in effects he gave

to Montes de Oca as payment, for the expressed place

el Sause, the witness, replied that he does not

know about the said deed, nor about the said possession

he is being questioned, because although he had met

the said Barrera in this Villa-when he was staying

in the house of deo,n Juan Andres Trabi.eso, he had

never learned the_reasons why he had come, or if he

had brought effects to sell, much less he knows if

he was as poor as he has been questioned.

,The witness stated, that this is all he has to

say about what he has been questioned. After this

his statement had been read to"him, he stated to be

correct, concerning he had.nothing to add to what he

h.as testified, which he afirmed and ratified to be

true under the oath taken. The general exemptions

from testifying do not pertain to him adfar as any of

the parts.

He stated to be forty-six years of age. He signed

it with me and those attesting witnesses with whom I

act' and on this common paper because there is no

stamped paper available. To all of this , I certif'y.

Cabello Jasinto Delgado

(Rubric) (Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubri,c)

Witness Witness

S. 24-25 in E.4-6-1768,

^02

I

I, dro,n Domingo Cabello, Colonel of the R,oya,l

Armies, Gov,ern,or and ComGmandan,t of the armies of

the Pro.vinc,e of Texas, its missions, conquests and

frontiers; Captain of the cavalry division of the

Reoya,l Pres,idi,o of S,a,n Ant,oni,o de Bexar;

Inspector g,ene,ral of the military divisions of the

said Prov,inc,e and its presidial troops by comission

assigned by the sret,or Com,mandan,t of the internal

Prov,inc,e of this kkngdom of the New Spain.

Inasmuch as between d,o,n Geronimo Barrera, son

of d,o,n Christobal, resident of the Villa of Coahuila,

and d,o,n Juan Jose Montes de Oca, from this vecinity,

a demand for the amount of three hundred and fifty

pesos has been followed in my court of justice; and

according to the evidences given by the said Montes

de Oca, I am to take testimony to Jacinto Hernandes,

resident of the Rcoya,l Pres6idi,o of La Bahia del

Esp,iri,tu Szan,to, I order and command the Com,man-

dan,t of the said rc-oya,l presridi,o, to summon the

aforesaid. Jacinto Hernandes to appear before him,26v

to testify under penalty of the religiousness of the//

oath taken, whether d,o;n Juan Jose Montes de Oca

gave him a certain number of cattle to be delivered

to d,o,n Ch,risto,bal Barrera. Also, whether he had

cattle belonging to the mentioned Montes de Oca,

203

and whether he ^aid baek the number of heads expressed

in the said draft, and in case he did not pay, to

state, the reason why. His testimony should be

presented in this my office, and afterward, to this

my tribunal.

Done in this Reoya,l PresEidi,o of S,a,n Ant,oniso

de Bexar, on the twenty-fourth day of the month of

September of the year of one thousand seven hundred

and seventy-nine, before the attesting witnesses with

whom I act in the absence of a notary, aid on this

common paper because there is no stamped paper available.

In witness thereof , I certify.

Dom,ing,o Cabello

(Rubric)

Josef Plazido de Monzon Manuel Flores y Valdes

(Rubric) (Rubric)

Witness Withess

. 26-26v in E.4-6-1768,

I

27In the// Rroya,l Presidio of La Bahia del Espiritu

Santo, on the sixth day of the month of November of

the year of one thousand seven hundred and seventy-

nine, I d,.o,n Eugenio Fernandez, lieutenant of the

R,oya,l Presidio of San Juan Bautista del Rio Grande)

m d commandant of the senor governor of this Province

colonel d,o,n Domingo Cabello, summoned Jacinto

Hernandes resident of this Presidio to appear before

me. Before his own person, which I certify I know,

I administered an oath to him which he took in the

name of God our Lord, and a sign of His Holy Cross

under penalty of which he promised to tell'the

truth i.nsot`ar as he knew and might be questioned.

Upon being questioned according to the Lenor

of the referred decree, he stated he does not know,

nor was it evident to him that d,o,n Juan Josef Montes

de Oca had sent or paid a small or large number of

heads of cattle to d,o,n Christobal Barrera, resident

of the Villa of Coahuila.

Upon asking whether the said Hernandez had any

cattle of the expressed Montes de Oca to pay Barrera,

or whether he knew of anything concerning this matter,

,the witnesrs„ replied he had never had cattle of any

kino belonging to Montes de Oca, and that he could

not state a thing about the matter because he did not

205

know or heard anything about it,. Under penalty of

the oath taken he statedthis to be the truth which

he affirmed and ratified one, two and three times

and as many times as required by law.

He stated to be fifty years of age little more

or less, and that.the general exemptions from testifying

did not pertain to him.27v

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

the said commandant ad interim and major justice of

this said Rroya,l Presidio signed for him with my

attesting witnesses with whom I act in the absence of

a public or.royal notary for there is none under the

terms prescribed by law.. In witness thereof, I certify.

Eugenio Fernandez Witness:

(Rubric) Fran,cis,co de.Arrospide

(Rubric)

Wi tne s s :

Domingo Devuton

(Rubric')

,DS. 26v-27v in E.4-6-1768,

06

28Having remitted to the com,mandan,t of the Rroya,l//

Presidio of La Bahia del Espiritu Santo, the preceding

dispatch with the testimony of Jazinto Hernandez

from that vecinity, according to that ordered in my

decree of the twenty-second day of September, placed

within these proceedings on the sixteen and a half pages,

I command to add it to these proceedings,, and to take

the testimony ordered in the said decree to don Geronimo

Barrera, so I can decide whatever is best.

This I provided, ordered and signed. I, dro,n

Domingo Cabello, colonel of the r,oya,l armies, gov-

,ern,or and commandant of the army of this Provcinc,e

of Texas, its missions, conquests and frontiers;

captain of the cavalry division of the Reoya,l

Pre'sridi,o of San Antroni,o de Bexar; inspector Grene,ral

of the mili,tar,y divisions and presidial troops of

the said Pro,vinc,e.

It is done in this R,,oya,l Presridio of San

Ant,oni,o de Bejar, on,the twentieth day of the month

of Nov,emb, er of the year of one thousand seven hun-

dred and seventy!i^nine, before my attesting witnesses

with whom I act in the absence of a notary, and on

this common paper because there is no stamped paper

available. In witness thereof, I certify.

207

Cabello

(Rubric)

Jose Plazido de Monzon

(Rubric) Pedro Dias del Castillo

Witness (Rubric)

Witness

r ^DS, 27v-28 in E.4-6-1768 ,

Testimony of In the R,oya,l Pres,idi,o of San

d.o,n Geronimo Ant^or_i,o de Bejar and Villa of

Barrera, 30 San Fernando, on the twenty-seventh

years of age. day of the month of Novemb,er of

the year of one thousand seven

hundred and seventy-nine, I, the aforesaid govCern,or

and judge of this litigation, summoned dro,n Geronimo

Barrera, witness mentioned in don Juan Josef Montes de

Oca's writ,' to appear before me, as it has been ordered

in the preceding decree. In the presence of my

attesting witnesses with whom I act in the absence of

a notary, I administered an oath to him which he took

in the name of God our Lord, and a sign of His Holy

Cross in the manner prescribed by law, which he

ended by saying I swear and Amen. Under penalty of

,the oath. taken, he promised to tell the truth inso-

far as he knew and might be questioned.

Consequently, after the clauses of the referred

instrument from pages fourteen and fifteen had been

read to him, he stated that the cited promissory note

was issued in the Villa of Coahuila by the referred

d,o,n Juan Josef Montes de Oca, after receiving from

the witness's father, two hundred and fifty p,eso3s

worth of flour, brandy, raisins, and figs, amounting

all to the referred sum of money, and that the said.

Montes de Oca obligated himself in the referred promis-

sory note to pay it in one year. Realizing don Christobal

Barrera, the witness's father, that the year had passed

and Montes de Oca had not acknowledged payment of the29

referred// sum, he decided to come personally, as he

did, to collect it. For this purpose, the witness

came in company of ehis father,, and thus, immediately

after arriving at this Pres,idi,o, the witness, in the

name of his father, went'to collect the.mentioned sum

of money from Montes de flca. In a very impolite way

he replied he would go to see the witness's, father.

And having come when his father wanted to take the

matter to the setor don Hugo Oconor, who was then

govEern,or of this pro,vinc,e., He ctied about so

many afflictions, that the witness's, father,

sympathizing with him, adjusted his account of the

referred two hundred and fifty pesos plus the rent for

the seven mules his father had leased to the said

Montes de aca at the time he had sold him the afore-

saileffects, issuing the cited promissory note, making

concessions and acting with equity, to the amount

of three hundred and fifty p,eso,s. This sum of

money amounted to more, since the debt on the

principal. was going into the fourth year, as well as

the lease of the seven mules at the rate of seven

-reso,s a head ter year. Of these seven, mules, the

said Montes de Oca acknowledged that five were dead29v

or lost, bringing to the witness's// father, the two

remaining ones. Montes de Oca, was asked to place

them in his corral since the witness's, father was

leaving the next morning and he was supposed to get

them. The next day, trying the witness's father, to

accomplish this, Montes de Cc'a, stated that the

mules had fled the night before; but he offered to

send them back, to Coahuila as soon as they were

found, noticing the witness that the winches were

not torn by a cut with a knife. Montes de Oca failed

to return the referred mules.

With.this, it seems to the witness he has clarified

that stated by Montes de Oca of denying the charge

of not having mules of his deceased father. Concerning

the promissory note, Cthe wa.tness, stated that when

the said Montes de Oca adjusted his account with the

witness's father, being spared part of the money for

the rent of the mules, they had agreed on one hundred

p.eso., s as the price of the said lease, the total sum

of money amounting to three hundred and fifty peso,s.

It was in that occasion when the referred Montes de

Oca offered the lands and waters of the place known..

as el Sause, as payment. To this effect and security

211

they went to the house of don Marcos de Castro, then

lesser mayor of second ranking of this Villa, where30

the deed of sale which heads// these proceedings,

was issued. In this occasion, the promissory note

wasprobably torn in the presence of the cited mayor,

as it was considered non valid any more. For this

reason rthe.witness, requested a testimony to be taken

to Castro as to whether he remembered this fact.

In the same occasion Montes de Oca, being grateful

for the equity shown by the witness's deceased father

about the settlement of his account, he gave him a

present of seven cows which recently had brought

forth. offsprings. These he had in the Pres,idi,o of

La Bahia under the care of Jasinclo Hernandez, its

resident. To this purpose Montes de Oca gave a letter

requisitorial written by don Christobal de los Santos

Coy, the same one who wrote the aforesaid deed of sale.

This letter was also written in the house of the

cited mayor, who might estill, remember it, for it

was done twicb. in the same morning. After these

proce.pdlngs were concluded, the witness and his

father left for La Bahia del Esp,iri,tu SEan,to,

presenting the letter they had of Montes de Oca to

Jacinto Hernandes. He read it but replied he did not

have, nor had he ever had any cattle belonging to the

I

aforesaid Montes de Oca, The said letter requisitorial

was therefore null and without effect whatsoever.

Upon realizing the deceit of the said Montes de

Oca, the witness, and his father took care of other30v

matters at the said Pres,idi,o, and returned to their//

home. There, they have pleaded and accussed the mentioned

Mones de Oca, but they had not found a way to make

effective the claim of the place called el Sauze.

Due to the fact that Montes de Oca, sold it without

being his property, it has not been possible to claim

it, nor to get the equivalent of the three hundred

and fifty esos, the total price he owes on the prop4^rty.

With all he has stated, the witness thought he

had clarified the charge made and reproduced with his

instrument by the mentioned Montes de Oca about the

promissory note given to the witnessts father, the

mules that were given to Montes,; and the cattle

he gave in care Of Jazinto Hernandes.

,He stated, this is all he has to say about what

he has been questioned. After this his statement

had been read to him, he stated he had nothing else

to add, and to be correct, as it was the truth that

he has testified. He affirmed and ratified it upon

penalty of the oath taken. The general exemptions

from testifying do not pertain to him.

2 13

He said to be thirty-two years of age. He signed

it with me and my attesting witnesses with whom I

act, and on this common paper because there is no

stamped paper available. To all of which , I certify.

Cabello

(Rubric) Geronimo Barrera

(Rubric)

Josef Plazido de Monzon Pedro Dias del Castillo

(Rubric) (Rubric)

Witness Witness

0

28v-30v in E.,4-6-1768,

214

Having read the content of the preceding testimony

,given, by don Geronimo Barrera, I order to summon;f::

don Marcos de Castro to give testimony about the

statements made by the said Barrera about the facts of

having torn in his presence the promissory note given

by don Juan Josef Montes de Oca, which.resulted in

the deed of sale heading these proceedings; as well as

the letter requisitorial to Jasinto Hernandes, so

th,rough, his testimony, this matter will be settled.

Thus I provided, ordered and signed, I, don

Domingo Cabello, colonel of the r,oya,l armies;

gov,ern,or and com,mandan,t of the armies of the

Province of Texas, its missions, conquests and

frontiers; captain of the cavalry division of the

R,oya,l Pres.idi,o of San Antoni,o de Bexar; inspector

g,ene,ralof the said Province.

Done in.this Rroya,l Pres^idi,o of San Antonio

de Bexar, on the twenty-seventh day of the month of

November of the year of one thousand seven hundred

and seventy-nine, in the presence of my attesting

witnesses with whom I act in the absence of a notary,

and on this common paper because there is no stamped

paper available. In witness thereof, I certify.

Cabello

(Rubric)

Jose Plazido de Monzon Pedro Dias del Castillo

(Rubric) (Rubric)

Witness Witness

,DS., 31 in E.4-6-1768,

0

I

6

I

I

Deposition of In the Rroya,l Pres,idi.,o of San

d,o,n Marcos Antonio de Bexar and Villa of San

de Castro, 48 Fernando, on the twenty-nineth. day

years of age. of the month of November of the

year of one thousand seven hundred

and seventy-nine, I, the aforesaid gov,ern,or' judge

of this litigation, summoned don Marcos de Castro,

resident of this mentioned Villa, to appear before

me. In the presence of my attesting witnesses with

whom I act in the absence of a notary, I administered

an oath to him which he took in the name of God our

Lord, and a sign of His Holy Cross in the manner

prescribed by law, which he ended by saying I swear

and Amen. Upon penalty of the oath taken, he promised

to tell the truth insofar as he knew and might be

questioned.

Upon being questioned, whether a promissory note

for the amount of two hundred and fifty p reso2 s

given by don Juan Josef Montes de Oca in.favor of don

Christoval Barrera was torn in his presence, and

whether this resulted in the issuing of the deed of

sale heading these proceedings and written by the

witness at the time when he was mayor of second

ranking at this lilla, he replied he did not see

the mentioned promissory note, therefore he cannot

217

a

say that such circumstance had preceded the deed of

sale,.

Upon being questioned whether he remera-bered if

after the said deed was issued, don Christobal de

los Santos wrote a letter in which don Juan Josef

Montes de Oca was authorizing Jazinto Hernandes,

resident of the Pres,idi,o of La Bahia, to give to32

don Christobal Barrera, cattle he had// in his posses-

sion, he replied that again he did not know that such

circumstances had proceeded the deed of sale,.

Upon being questioned of the whereabouts of don

Christobal de los Santos, he replied he does not

know exactly where he is. Although he knows he was,

the main mayor in the Villa of Candelas, he had heard

that he had moved elsewhere' apparently, to the

R e ea, l. y Minas of La Yguana.

,He stated, that this is all he has to say about

what he has been questioned. After this his state-

ment had been read to him, he stated to be correct,

concerning he has nothing to add to what he has

testifiedl which he affirmed and ratified upon penalty

of the oath taken. Although the general exemptions

from testifying pertain to him as far as Montes de

Oca, since the latter, had been married to a sister

of the witness, and Barrera was an uncle of the said

witness, he had not failed to tell the truth upon

penalty of the oath taken.

He said to be forty-eight years of age. He signed

it with me in the presence of my attesting witnesses

with whom I act in the absence of a notary, and on

this common paper because there is no stamped paper

available. In witness thereof, I certify.

Cabello

(Rubric)

Josef Plazido de Monzon Marcos de Castro

(Rubric) (Rubric)

W'itness

Pedro Dias del Castillo

(Rubric)

Witness

,DS. 31v-32 in E.4-6-1768,

Decree In the R,oya,l Pres,idi,o of San Ant,oni,o

de Bexar and Villa of San Fernando, on

the first.day of the month of December of the year of

one thousand seven hundred and seventy-nine, I, d,o,n

Domingo Cabello, Colonel of the rgoya,l armies; Gov-

r.ern,or and Com,mandan,t of the army of this Procvinc,e

of Texas, its missions, conquests and frontiers; Cap-

tain of the cavalry division of the Roya,l Pres,idi,o

of San Ant,oni,o de Bexar; Inspector g,ene,ral of the

presidial troops and military divisions of the said

Pro,vinc,e, having seen these proceedings under terms

of sentence, I should command and do command to notify

the parts of d,o,n Juan Josef Montes de flca and d,o,n

Geronimo Barrera, as they might have something to add

in favor of their rights. In their presence I should

pass sentence regarding justice. The said notification

is assigned to one of my attesting witnesses.

Thus I provided, ordered and signed before my

attesting witnesses, with whom I act in the absence

of a notary, and on this common paper becanse "'there

is no stamped paper available. In witness thereof,

I certify.

Domingo Cabello

(Rubric)

220

Jose Plazido de Monzon Pedro Dias del Castillo

(Rubric) (Rubric)

Witness Witness

eDS. 3^0 in E.4-6-1768,

I

221

I

On the said day, month and year, I, Josef Plazido

de Monzon, one of the attesting witnesses with whom

the senor gov,ern,or of this Prov,inc,e acts, in order

to fulfill that ordered in the preceding decree, went

to the reisdence of .dro,n Juan Josef de Oca, to whom,

in his own presence, I notified the preceding decree.

Upon learning about it, he stated he had something

to say which he would do in writing. He signed it with

me, and in order that it be of record' I placed it

as part of the proceedings.

Josef Plazido de Monzon

(Rubric)

J,ua,n Josef de Montes de Oca

(Rubric)

,AUS. 33 in E.46-1768,

I

^ 2 2

In the Roya,l Presidi,o of San Ant,oni,o de

Bexar, on the second day of the month of December of

the year of one thousand seven hundred and seventy-

nine, I, the mentioned witness Josef Plazido de Monzon7

in order to fulfill that ordered by the sefior gov,ern, or

of this Pro,vinc,e in the preceding decree on the first

of this aforesaid month and year, went by the residence

and lodge of d,o,n Geranimo Barrera. In his own

presence I notified the preceding decree to him; he

lear^ ed about it but stated he did not have anything

to add, except the expenses he had concerning his trip33v

from the Villa of//.Coahuila to this Pres,idi,o, plus

the expenses he had there during the time he had been

delayed on account of the lawsuit with d,o,n Juan

Josef Montes de Oca, since the latter, had refused to

pay the well known debt of the three hundred and fifty

pesos which is of record he owes him in the deed of

sale which heads these proceedings.

This:=is all he has to say about the matter. He

signed it with me, and in order that it be of record,

I placed it as part of these proceedings. -

Josef Plazido de Monzon Geronimo Barrera

(Rubric) (Rubric)

.ABs. 33-33v in E.4p6-1768.

,CroSS,

Se.fioar Gov,ern,or:

I, Juan Joseph Montes de Oca, resident of this

Villa, as a conseq,uenc,e of Y,our, Ex,cellency's,

superior decree, and humbly obeying that ordered,

in the mentioned ^decree, about expressing again what-

ever might convene to my rights so as to defend my-

self from the charges made a.gainst me by d,o,n

Geronimo Barrera, in the lawsuit taking place before

the justful tribunal of Y,our, E,xcellency,, about

bonifying him in the amount of three hundred and fifty

pesos which his deceased father gave sas payment, for

the said lands and waters from the Hacienda of San

Nicolas del Saus, jurisdiction of Coahuila, because

these lands „ as is evident at the present time,

belong to another owner; and in order to place these

proceedings under terms of sentence, according to

whomever had a better right, and until a final sentence,

I want to state that I remit and allege one, two,

three times and as many times as permitted by law,

all that I have stated in my preceding instruments.

Although the absence of repetition of all those

arguments in this instrument,, they do not lack the

same force as if I would have presented them again,

since it lies within, all the force of the justice

which favors me.

Therefore, I again request from Yrour, Erx cel-

lency's, justful action, for d,o,n Geronimo Barrera

to clearly prove, either with arguments, instruments

or witnesses what he has stated in this testimony

about tearing, in the house of d,o,n Marcos de Castro,

a promissory note of a large sum of money, which I

.gave his father, along with a letter requisitorial to

La Bahia, and other charges about mules and accounts

expressed therein, because all this being deceitful,

as I shall prove if necessary.

Therefore, I request, and humbly entreat Y,our,34v

Erxcellency, to deem// command as I have asked, and

to admit this my writ on this present paper because

there i s no stamped paper .availabl.e. I swear I do

not act with malice and to all necessary, etc.

Ju,an, Joseph de Montes de Oca

(Rubric)

,ADS. 34-34v in E.4-6-1768,

In the R,oya7, PresEidi,o of S,_a,n Anttoni,o de

Bejar and Vill.a of San Fernando, on the twenty-second

day of the month of Dec,em'b,er of the year of one

thousand seven hundred and seventy-nine, I, do,n

Domingo Cabello, Colonel of the royal armies; Govern,o,r

and Commandant of the army of this Province of Texas,

its missions, conquests and frontiers; Captain of

the cavalry division from the Royal Pres,idi,o of

S,a,n Antonio de Bejar; Inspector g,ene,ral of the

military divisions and presidial troops of this

said Province by commission assigned by the setor

com,mans^.an,t gFenera,l of the internal provi_ncEes,

of this kingdom of New Spain.

Having seen the preceding instrument, eI corn-

mand, that it be added to these proceedings„ in

view that these proceedings are to proceed to a final

sentence. In order to pass final sentence, and upon

finding some judicial matters not corresponding to

my profession, I should command and do command that it

be remitted to the attorney d,o,n Jose Maria Lozano

de la Pefia in the city of San Luis Potosi, who as

acting Assessor will pass the sentence corresponding35

to these parts according// to the value of the said

proceedings. For this purpose, there has been

assigned as fee for his service, four reales a page,

226

I

paid and divided in half between d,o,n Juan Jose Montes

de Oca and dro,n Geronimo Barrera, for the remittance

of the corresponding proceedings, plus the cost of

the postage of the package which will be sent in the

mail of the coming month, of January, and afterwards,

the postage of the remittance of the said proceedings

when they return from the Assessor's office.

Inasmuch as the general practice is that when

any, proceedings are remitted to the AsSessor, a

signed testimony is issued to secure coverage of the

expenses by the parts, which. should, be filed in the

archives of the court of the judge carrying the

proceedings, remitting the originals to the Assessor,

J command, that the parts should be warned that if

,the proceedings, should get lost during the trip

of the courier, the loss will be under their expense.

For all these procedures,, they should come by my

place.

also command, for the lieutenant d,o,n Jose

Antonio Curbelo to notifthe parts of that provided,

so they would make effective the payment of the

s.ums of money corresponding to the fee and postage

for the remittance of the, papers.

Thus I provided, ordered and signed before my

attesting witnesses with whom I act in the absence

527

of a notary, and on this ordinary, paper because there

is no stamped paper available. In ti,ri.tness thereof,

I certify.

Dom,ing,o Cabello

(Rubric)

Josef Plazido de Monzon Pedro Uias del Castill6

(Rubric) (Rubric)

Witness Witness

rDS. 3'1354in E.4-6-1768,

In the Villa of San Fernando, on the eighth

day of the month of January of the year of one thou-

sand seven hundred and eighty, I, d,o,n J,ose,ph

Ant,oni,o Qurbelo, lieutenant governor of this prov-

ince, in view of the preceding decree from the gov-

ernor, Colonel don Domingo Cabello, summoned dirlo,n

Juan J,ose,ph Montes d-e flca and do,n Geronimo Barrera,36

whom I certify I know// to appear before me and my

attesting witnesses.

After I had notified the referred order to them,

and having learned about its content, they agreelon

its fulfillment.

I, the said judge, certified all this before my

attesting witnesses with whom I act in the absence of

a notary public, of which there is none under the

terms provided by law, and on this common paper.. In

witness thereof, I certify. Corrected, eighty-valid.

Jzose,ph Ant,Goni,o Curbelo

(Rubric)

I

Ju,an, Joseph de Montes de Oca

(Rubric)

Witness:

Pedro Jeose,ph de Texada

(Rubric)

Geronimo Barrera

(Rubric)

,ADS. 35v-36 in E.4-b-17b8,

2 4' 9

In the Villa of an Fernando, on the eleventh

day of the month of January of the year of one thousand

seven hundred and eighty, I, d,o,n Jose,ph Antonio

Qusvelo, lieutenant governor of this Prov,inc,e,

having presented do,n Juan Jose,ph Montes de Oca

and d,o,n Jeronimo Barrera, the instrument following

these proceedings, they requested, that since the

.remittance of these proceedings to the Assessor will

result on a long delay of the matter, and on many

expenses to both parts, I should admit the composition

withing. Therefore, I the said lieutenant, realizing

that both are very poor, to avoid that they make36v

major%/ disbursements, and since the said agreement

was favorable to both parts, I admitted it, warning

the litigents that once they had agreed on what they

had requested in my writ, each part, separately,

should perform the exact fulfillment of that agreed

upon, thus avoiding any more proceedings, ending

this litigation. To all this, both parts promised

,fulfillment,, realizing that otherwise, many more

delays would follow.

Therefore, not being necessary to remit these

proceedings to the Assessor due to this agreeml^nt,

I command that these proceedings, remain in the

present stage because of the conclusion of this lawsuit.

Thus I provided, ordered and signed, acting as

receDtoria. In witness thereof, I certify.

Jrose,ph. Ant,oni,o Curbelo

(Rubric)

Pedro J,ose,ph Texada Jos6 Guadalupe de Agreda

(Rubric) (Rubri.c)

Witness Witness

GADS. 36-36v in E.}+-6-1768,