Joach%nn] Caveza "Juan Antonio Mori[ te] Mo'desto deEnr:iquez y Velarde Salcedo[Rutaric [Rubrie] [Rubric]

Dutl es'::on this:royal provision, beirig e:cecutoryw;;

and; havi ng six l:eaves and more, fourteen pes®s The .''

Chancellor.shoul.d reCeive one-ha1f Thu.s:I:swear.,.

[Rubric]

Registered

Chantel;1or

L^c[^nttate] '`Aug[:iasti.]Tamayo

E`Rubric]

LI,c[entidte] Aug[.:ustiTnmayo

`[Rubric]

[wAX ST . AMP:].

[Rubxic]

Corrected [Rubrie

Ex,ecutory Prov.iaion, committed, to . t'he Govern.or

of Nueva Vizcaya+ so that he might `proceeel to praetice

tha t wh'icYi ;ia^ set ou:t in the wr3.t h e r e i n inserted`in

the: case..prosecuted by request of Jua'na Gax^ci^^.,..wife

of Ju^n de,.Escamilla; against D[ O] ri.Thomas Trabie5;o,

for; homictdeof which the lntter had beeta. charged.

l:y//[C^oss]

ro,

[Seal: Carolus.III. Cne r.ea7.

D. :G. ispariiar, Rex. ] THIRD SEAL, 4 OHE; REA^,s YEARS OF

[Sea1. `< Carolus IIT. ` SEVENTEEN HtJ^tDRED SlTI'Y, AND

D. earsl?7b..

177,7. C^6 ss. ]

133

D[o]n Carlos

By the grace of God, King of Castille, of Leon,

of Aragon, of the Sicilies, of J,erusalem, of Navarre,

of Granada, of Toledo, of Valencia, of Galicia, of

Mallorca_, of Seville, of Sardinia, of Cordoba, of

Corsicaof Murcia, of Jaen, of ^the Arabs of Algecira,

of Gibraltar, of the Canary Islands, of the Indies

East and West, [the] islands and mainland of the

oceanic;sea, Archduke of Austria, Duke of Burgundy,

of Brabant, of Milan, Count of Hapsburg, of Flanders,

of Jirol, of Barcelona, Lord of Biscay; and of

Molina S[an]ta:

To ye the Governor of the Kingdom of Nueva Viz-

caya:

Know, that before my Regent and the oidores of

my Audiencia, Court, and Royal Chancery which is, and

resides,in the city of Gua[dalajar]a of that, of Nueva

Galicia, the Alcalde Mayor of Saltillo has prosecuted

a criminal case and acts against D[o]n Thomas Trabieso

by complaint of Juana Garcia, wife of Juan de Escamilla,

charging that [Trabieso] had taken the life of the

stated Escamilla. In view of these [acts], it was'

.ordered that various measures be taken and this my

Royal Letter.issued,.inserting therein the documents

and other [papers] which are [deleted: are] punctually

follows.

134

[M-.N. ] Attachment

2//[Cross]

Orle. real.:

D. G. Hisparii ar:` Rex, ] . THIRD SF..,l1L,, , ONE : REAL, YEARS OF

[ Sesl Carolus :III .` SEVENTEEN HUNDRED SEVENTY, AND

D. G. Yea rs., of 1776': SEVENTY-ONE.

177.7Cross.:]

[SFI` ; Caxo1us=;1II.

^Ia -or, r:i^ view of the aritecedent . acceptance and the.

appoi.ntment ,of D o]n^ Yldefonso de, la Fuente.,.as Recea:ver,

in the Dresence`of D[on] a Rosali.a de .la Sendeja;

<immediate5.y. took- the afore-mentioned deolarati:on.. of the

goofla, belon9ing: to D[ o] n Tomas Trabi.eso, wh,ich were

receive;dy by`the"!said; D[o]n Yldefonso and areas follows.

Fir.st she [Dona'Rosalia] declared the dweli,ing, . . , _.

house..which composed of six rooms and a small yard.,

She- also declared a^vh'xte box wi.th the clothing used

by said S eno ra: and inside it, four p[eso]s in reales.

The sai.d olotha ng is composed of a[ short, hooped]

pettl.caat' of velvet; some miLa^las of c^zpichole

co,am bi.nas, some chintzes, and ag):ossy :[uatz.h'^}.; cloak

[manto)f Al:so [she deelared] another:[box] with two

huridred pi.lancilaos ; reineros; also another [similar]

box with"` some 'San Anto[ni] o nuts "and a smal^ sack of

ali;, ariother medi um [sack] with ; a few unusable rem,riants "

135.,[There wa also_a worn leather-covered chest ten

2v ,arge earthenware pans and three and a ha1f dozen small

ones, two;. dozen .guga J: mean jugs of pAtamba, two and a half

dozen lli;tle,°[china?].,basins, five flat earthenware pans, five

two: and a haJ_f dozen,pots at area.l apiece.empty: bottles an.

[^l-io:] also [clecl.ared] a p^_tcher [°p^i..ehel) «.rid a ` Lar^;e

chlna cup, asteel pot', an a:r.ana of ^.ron cme.n.ada, some

c:ards emnenadas [for combing fiber), a smaTl guangochisack

with old iron <belonging to D[ o] n Lope Guerra; a; fireJ.ock and '

its o•ase, two::alr^iades of kidney beans in asack of coarse

o'loth,,.and another cow-hide sack with four 'almudes of

kidney be;ans.'

TYiere .was) a:lso a cabinet with' its counter, and in

i;^.,.a.largO, box full of kidney beansg six skoiris°` and two

small: balls of cotton einpenadas;-also threo dozen and seven

loose timbers [fustessueltos], a beef leather.seroon full

of cotton; four dozen and nine flat ea.rthenware: pans[comales]

in the room behinci: the shop [ trastienda) , at a real ,apiece;

and an ob^ ong- hampe.r [; u acal) with eight p[ eso) s[woxth]

s;oap

Also:. [.she 'dec.lared] : for twenty-t:nree m.ules; seventeen

female and. six ma7 e, and a. mother inare; a11 o.E' them tar,ie;

also fo^. n^neteen ::^aresjos a^eradoc eight :guangochi blankets,

unusable,p and seven [blankets) of coarse cJ otY^ a) almost

i n-the s'atne : 5tate,• two hanclbells [c c^uilas] ,`tYirec necklaces

[,coll^ares'] ," a1 so fi.Ve >car . as of p.iIon. at forty. maz?ns. far each :

four, whxch makes twenty pesos courited ai, forty:to'thepeso;

36

th'r'e'e dozen ] ittle earthenware pans; and a red horse, tamed

`for ridiri^.`:

[ThE;re was] also a small spinning wheel; twenty pots

at a real apiece. a large box with half a fane_a of salt,

^nd anoLkier :full of maize; also, a cow-hide sack with lzalf

fanega';-:of maize; a small leather wine bag; [bc^ta], of beef

`lard`; some :usquemelPS, ,well t,reated; a [dress].skirt of

iaool; a Tso a, iece of a, skirt of old m,c.l.eridra; and a rrian' s

co,at of rdurable.:

[S he declareci] also two cargas of flou.r as well as

two'a[rrob'as]'of,Yg[naci]o de.la Fuente, two car as of

a,uar.dieAte ^.which she. , said belonged to, D[ a]n Frari[cis]co

del Arispq, also an empty 'carrel; which she said belonged tc

fl.our in the.irD[ on] a -M.icaela Flores.; e^ even car as of

cow-hl.de sacks, a beef ' Eather serooh `fu1.7.->oF flo'ax,. Just,., . _

short of, its mou'^h, a ca, rga of soap, and a ' sma.l l leather

bag ;[ bota ] of beef suet

Als©, [ there were] some headdress orria.ments: and

three headstalls, or halters of cow-h.ide, all of which

unoy otxo] she said- belonged to D[ci]n Lope Guerra;.

two saddles, ;one` with stirrups of iron,,and the ; otYier of

wood; and both aF them used; a bridlc withheadstalls of

plai;n cow ha.de, and. a' slave named Mari:a. Yg[naci]a about

ak^ir`^y yearsold, givc or ake a yeax•

Because she ::saidi;here caere, no more goods_> bel:onging

to her. hur>band . D[ o] n Thomas Trabieso t:o declare, she

added .that this' declaration had 't7een done well - and in

good.fax{;h, and to all those.[persons] herein Px'pressed,

Seal Carolus III. One `rca1:

137

5.paniar. R ex. ] THIRD SEAL,, ONE REAL; YEARS OF

eal Carolus. III. SEVENTEEN HUNDHED S^Mr"IT1.'Y; AP3D

Years^ ©f.:1776. SEVENTY-ONE.

?^`77: Cross. ]::

the. :afore'-meritioned D[o]n Yldefonso do la Fuerite 'ued:i,ared

;[ the goods ]:properly delivered and received

He was.rrPd .the laws of surrender in evidence [l eves del;.

entxeigo a p}riaeba] `. &nd obligated himse],f [ i nstead] to place

: on c^isplay. ariything rEq,uested' by the Lord Justice in the

e Jucliciald no`Lice; ofcase; by anyon.e else who might tak

the case; exc;epting only that which might be. sPent>".[directly]

in the :su;stenance of, the Senora and her family; 1n consonance

wi th this he`obligated himself in. his peraon and in the •goods

now, or iri the`. future migh_t possess [ to] 'thc explicit

submission and renunciation of law. and, priviZege, also with`

the`:conditi.onhathenot.be held to account for any future

cciritingericies. that time might offcr He si.gnecl th:^' with

on this commori p&per ;for lack , ofHis Grace befor "e" .me, and

any with sea] s, all of wYiich I certify

Melc;hor.;J[o^e]ph Campus6ri'o

Y1-defonzo.Fuentes

Before me JuYian;Ygnacio-Domingues [Notary]

:38

M.N.1 Writ

^:he :c iay: of -

. Guadalaj'[a

4v//[Cross]

on, the'. ninth of August, seventeeri hundred

seve-nty s:even years, the L[ o] rds Regent and - caidore s of

the Royal Audiencia ' of this Kingdom of Nueva Gali.cia:<..

I^aving witnessed; these acts and the crimina'1; case

prosecuted by the. Alcalde or of the vi_:t:a of Sa3tillo

;against Don Tomas Trabieso, by virtue of a-complai^.t by

.: Jua.ri& Garciawife of Juan de Escam:i.:l:1:a5= chargin g i,l^t^t

[T"rabieso]had taken the life of the. stated "Lscaml.l],tt=-

[a complaint she made j because [Lscamil..ia] having tieen'

cargador..of [Trabieso's] packtrairi, and a11 of' them ha^ririg:

coine by. t.e road whic;h runs from the P,resid.io" of an

Antonio. de Bejar, he '[Escamilla] had not recu.rried with

n arn .

Witnessed;. the afore-mentioned complas:nt, "in wnich.

JuanaGa.rci:a stated that she had learnQd :from".J'[ose]pn

Cuellar, Augustin Flores; and Migiie7 Qizintanil^^ "ttlat

the"aorE.=mentioned Escamilla had been found doad"in

a"ravine with two knife` wounds a.n his , back, faxwh

reason the stated Alralcie Ma,yor orde.red ^J[ o.^ ri ^'ma. s" !

placed 16 ': ^ai.l with two pairs of.: shackles, .at tach^ ng

h3 s -^-,ood s q

Wit"nessed; the imprisonment executed

the aforesaid, the attachment and deposit o:e 'h3_s ,good:s; the

^tatetnentsof'D[o]n JoUeph Bela and D[o]ri I+^ran[cis]co Flores;

who : stated that on the way from the Presidio - of San: An.tbnia; '

5//[Cro ssl

the afore-mentioned ^scan^illa da,sapp<:ared one night, and

that] they could not find him inspite ofthe-dxliFence they'

Witnessed;. the statements o#' tom.as del Toro and that

of Mariario Garcia, and those,.of J[ose]ph Cuellar, ;A ugustin

lores; and Miguel: Quintana, who said that on the fourteenth

; of Deeeinber, of seventy-six, they found a ; dead man with two

knife.wounds in the back, covered with earth,'.r.n the pass

below .the Rio Gr[an]de in a shal low hay,.

Witnessed, the statement of D[o]n Thomas Trabieso and

exercised iri [ searching for, him

tYie brief which was file.d with this: R[oya

139

[the person of ]

fiiadiencia' on '

berialf: of' tYie a;#'oresaid and Yzis attorney Don .Pedro J[ose]ph

Justicer_om=de ° la Pena, , alleging grievance and denial'. ,of

plaaning of';the proceedings of said Alcalde Mayor in having.:,

placedh3.m in Jail and in stncks''with: shackles-^and in

having ordered him to the lumber. 'workshop, presuart,i,ng hi s

guilt .Ln the homic^.de: of Escamil'^a soleiy upon the c`otnp? aiizt

of .sas.d ' Juaria Garcia, without the p:resence of the ,cor^tas

ddeli'ct. wherefox, in.fear of., tha outra.ges of:';^V a`icald.e'

ma&o^',they'.'[Trabieso and de la Pena] cam^e a.s; fugzti?

140

5V,//[Cross]

.[Seal: Carolus III. One real.:

D. G. Hispaniar. Rex.] THIRD SEAL, ONE REAL, YEARS OF

[ Sea1t Carolus III.- ..' SEVENTEEN HUNDRED SEVENTY' AND

D. G, Anos de 1776: SEVENTY-ONE.

1777. Cross,

o the mercy of this R[oya]1 Aud[iencila' to represent their

grievance,"and the excesses of the stated'alcalde mayor, who

has had no other motive for his method of p.roc'eeding than to.

'appropriate Trabieso's goods, from which he extracted three

dozen [pairs of] shoes, three cargas of piloncillo, and'oneti

hundredpesos which he demanded on the same.goods, penalizing

the guarantor twenty-five`pesos,.and.another thirty pesos for

the expenses caused the receiver in the;brief which he presented

to said Al"calde Mayor, according to the papers [diligencias]`

presented by Trabieso;

Witne'ssed; that which was provided for by this R{oya]1

Audiencia on the twenty-seventh of November.of

which it was ordered that Trabieso

and sentericed, and be kept

imules and''.[ other] attached

said year, by

should be bonded as adjudged`.

in jail in this

goods should b.e

son, and.a dispatch issued,to.sendthe

city, [while] his,

turned over to his

Alcalde Mayor of Mazapil

to the villaof Saltillo to take those:measures.de'scribed in

homicide;its circum-said'writ'for.the:ascertainmentof said

1,

6//[Cross]

starices, .,and the agressor; and with ''r^.bieso bonde^i' for false

accusatiori up. to'the amount of one-thousand pesos, the same

agent sh,ould, gather. iri.formation eoncerri3.ng the exce5ses

of Wliich"..he accused: said'Alcalde T^or; and if they proved to

b,e ..jus,tx f"fed, he shou:Td arrest him, and attach 'and deposa.t his

gciods, ; tr..ansfe'rri.ng his person to the roya,l jail in this court9

Trabieso gave before saidWi:tnessed the bonds which said

agent with the named [previously] Pena, and the information

rece;ived from five witnesses.:concerning the afore-mentioned

excesses; and the seizu:re of the goods' ofsaid A1c Mayor,

upon the request' of the agent, who directed another [request

to the Governor of Nueva. Vizcaya for the Amprisomrient and

transferral, of sazd Alcalde Ivf^c or, who excused himself from

fulf,lllirig [ the reqixest] by stating that ,th^^ ai°ore-rrientioriec^

Alc de MaYo.r was under indictment in. that government and in

the eharacter of, prisoner because,of crimes he; had cornrrYitte.d

in his territorandthat he [the Governor^ should not be

deprivedof the prosecution of cases involving his subordinates;

Witne ssed; the same.Governor's Ietter'of the.th^ir^eenth

February.of this year, in which` he warned . trie Cabildo that

althbu h. agents ,might be sent from this Aud iericet:] a,

he would"withhold the exercise of" thEir.commission, unless they

shou:Xd f:irst consult with said Governor, and that in thefuture

that<'which was directod in the"se matters by the royul. cedt.zla. of

the fir;t- of June of [seventeen hundred] seventy' should be`

5

7.42

Uditnessed; the cited royal cedula; and the requcst

issued, "by said Governor, in his capacity as f7dviser, to

`the: agerit of this R{oya]l Aud[ienci]a; tao -theefaec:t that

shoul^d.release.the goods of said Alcalde NlL. or and

abstam f'r.om proceeding in the case on which he was a.ctirig,

Wtt.nessec]; the measures which c^erctaken for :tl^e

ascertainment of the aFore-menti.oxied homicide and a.ts-.

circum s;Lance:`s, with the

Trom; Zoseph .Aritonio de

D[o]n An-tonio Olibares;

tatements that.were received

la Garza, D[o]ri =7 ose]ph V'eya

Manuel Albaxes:, Ale^xandro .de

and D[a]n J[ose]ph Santiagoas;•Fran{cis]co Moreno

Barx^era,' 'who was Lieutenant at the time..of ' the 'diacovery

of the deceasecl, in which said Ba.rrera s.tated that. ; ,-. „ .

having recei ved news from Migue l Peres tha t a,deaCd. ciody `'.

had been found 3.n the: surroundings of Vhat

j/.[ C ro ss l

post on the fourteenth of Septeinbex° af [oeventeen ".

hundred severity-six] said Barrer.a in ^^n.e -company. e

D[on Joseph":de' la Garza and others, pass3.nt,; by a

ditch. nekt .to the afore-mentioned post saw. a" `dea

man :covered with earth, and uncoverirzg `ri.iO`found 'nin

to be. ta11, blond, -of: Spanish coloring' [v^hite] ; wi':Vh

wound in.a"lower [portion of his body]; appa.rentl^.'

given with a'lance or a. cutla.Ns; and another. smal.^ er

one. sl.igritly 'h3 gher .up, wi thout bei.ng ab1 eto ceteL ^^^ne.

who ^hemight be,

143

Witriessed; :the c1aim of Joseph Antonia de la Garza

that`a young mancommunicated .to him that Escama.lla had

been .in Pello;teashearirib sheep, and that 'he was [sa tan

ldth_:lartge:eyes and red hair, and that he had spoken to

hl.m in S"eptember of [ severiteen hund.rcd]. seventy-si:x;

W ^ t,h:es ,ed;. he plca of the Se.rox° }+' i_sca l of the '2xid

t

of Ma'y oaf thi:s year,. the con.sultation of the Governor.

concerning the remissi on . to him of the case which had.

been formed [corroction: again,st] the alcal.de Mat or, that

which was; asked for by said Trabieso, and.;tha^ whi.ch. was.

s:aid b,y the.:Senor'Oido_r Pi scal in :his antecedent r eply'.. .

withthe re^st• which is relevnnt, and it was appropriate to

adjudicate;^

. ' . ,

;They. "{ the Regeri^ and oido_res of the Au.dJ_encla]

to the party D[o]n 'T'hozrias '1.'s°alaieso's

Yiaving had recourse to this R[ oya] l- Aucl "ienci a com-

saidwith respect

7v:.

^ //[,Cross

One real:;.

THIRD SEAL9 -;ONLa" REAL j ;Yi;ARS OF

SEVENTEEN HUNDRED;, SEVEk'Y, AND

SEVE, NTY-ONE

plai.ning, o grievance and notoriota:s ir.ijustic.e on account

[Seal:: Carolizs III.

Hispaniar Rex

[:Seal.Carolus III..

]D . G. Years of 1776:

^777• Cross.]

Of tne . voJ.tzntary proceedings of the A1.calde:` Malror of

Saltillo D[ o^] n Pedro _ZJucas de la Quinta,na :in i,he i n.dz ^a ced

case Qf' l^.omicide, tliat the Governor of N'ueva ^Tizcaya may not

h^a- r :;:i,he case.:.e.ither in his capacity as Goverrior or: by ;.

avocatx.on. They decla:red and do declare, f;hat`` [tt^e matte.r;

pertains 'to ilhis tribunal, and that `L ts 'n.ear;.ng fa ^,`1:s :to ; i^;

by foxce 'of the afore=mentioned recoLx:rsc..

pxescntedCor^sa dering tha.t the corpus c^clicti was not

3 n ev^datice for t:he proceedings of sa:i d.€,lcalde ?t!1^r .i.n

arre.s_t^ng the person of D[o]n,Thomas Trabieso., and chaining

Y-iim w^..thshacklesin the stocks, attach^.ng his `^oods, and

[everi] ordering his remission to the lumber worksh.op wi.thout

usna GU.rc1ia,further .cause than the simpl.e comp1_aipt of i

w.ife of :the , s,upposed deceased Juan de Escam;il.la, [rand

considering that] her :[descriptiori] does^ not co:i.ncide with

tYiat or ^he corpse foixncl in a ditch, riext to tYi© po;^t which

i s ca,lled. Miguel_ . . i .4: . .

//[.Cross]

al: Carolus ZTI. One r,e^.l`.

D. G. Hisaniar^ Rex. ] THIRD SF,A T^, ONE RE1; YE^^RS OF

[S.eaT: Carolus IZS.. SEVET7TEEN Iii3NDRED` SEIa:EN`i'Y9 AND

Years of" 1775. S i'VEN`IY-Oi\ITS.

1777. oss.

Pcrez, Li'eutsnant.D[o]ri J[ose]ph:Sant;iago el.e la Barre.ra ,

.havingstated that he recognized him to be; Sparaish, an.d

ta,ll, whereas :i.t is evideazt that Escamia.la is a mua,atto,

and 'short in.-sta6ure, and [considering] bevides tYie

ind3eations, tha.t he is, still alive and was seen in., thc

1145

Bahia del'[E]spiritu Santo by the young man named by the

witness J[ose]ph Antonio de la Garza, thus having vanished

the indications adduced by complainant along with the

statements of all those who accompanied Trabieso and

Escamilla.the,day and night of the latter's disappearance,

They absolved and do absolve the above-said D[o]n

Thomas of the suit [against him], declaring him free of

it. Theyordered and do now order that his attached

goods, or,their equivalent value, be returned to him in

whole by said A.l_calde Mayor Quintana, whom they comdemned,

and do condemn to pay costs and the salaries of D[o]n

Lorenzo Martines de Sexma, justly commissioned by this

Royal Aud(ienci]a to investigate a grave and atrocious

case, and the ex-

Bv//[Cross]

cesses of;Quintana in this case and others.

In consequence of which is cancelled the surety

.bond given [by Trabieso] with D[o]n Pedro J[ose.]ph de,

la. Pena,.who likewise is declared free of all respon-

s.ibility he might have contracted;in the aid and

insurance of Trabiese.

Extracting the testimony.of the investigation

[informacion] made by the agent, this [order] is

remitted to the Governor of [Vizcaya] [mss. faded, torn],

so that at the same time he tries:the case prosecuted

146

against said Alcalde Mayor by petition of the Cabildo

of Saltillo, he should judge the excesses resulting from

the case, and proceeding with the dictate.of Adviser

.should determine according to [law], hearing those pleas

which.are interposed, and might be worthy of granting

for this R[oya]1 Aud[i_enci.]a.

For all of which [is.issued] [mss. raded, torn]

[this] R[oya]l P[rov]ision, [and] its execution committed

to the afore-mentioned Governor, and that agreed upon,

thus it was proved and signed by the Senores Regent,

Caueza and [M]on[te].

[M.N., Dec(isi)on] Before me;D[o]n Nicolas Lopez

Padilla.

In consonance with which,.and in order that that

which was determined by the said my Regent and oidores

in the herein inserted writ should be

[F. E., 1-8v in R.. (1776-1777)]