20 ccross7 seilor ci7, don franzisco rodriecue3z, · seilor governor and commandant inspector:...

20

Ccross7

Seilor Governor and Commandant Inspector:

Action brought CI7, Don Franzisco RodrieCue3z, reZCidJor -deby DonFansic Rodriges cano of the ayuntRmCien3to of this villa of Sanl.1Hri^ncisco

RodriGuez] FernCand3o, with the most due attentiveness re-

quired by law and conducive to my rights, ap-

pear before Your Lordship and state [the following:7 As I was making

my way to the presidio of CSan Juan Bautista dela RTo GCrand]e, I went

to my house from the place called Leon to take some things that were

necessary for my travels. Having arrived at the said presidio CSan

Antonio de Be'xar] yesterday, the 19th of the present Cmonth7, I re-

ceived at my house the news that on the previous day ManCue71 Padron

had beaten my wife in the doorway to my house and, moreover, had a-

bused her with some rather crude remarks. Speaking to her obligingly,

he told her that she was quite a worthless meddling pig, and the moth-

er and a sister of the said ManCuell Padr6n told my said wife that she

was a mulatto. All these derogatory terms were started by Pedro

Orendain and Chico Montes. The two were drunk and got into a fight at

the house of Dona Rita Flores. My wife went out to tell them not to

hit the said Montes, for he was out of his senses, and this gave rise

to the outraGre;which the said ManCue71 Padron committed against my

wife. Present by this time were Thadeo de los Santos and Jos`e

Servantes. They will be witnesses for me Cto state7 that the aforesaid

FdanLue71 padro'n had no reason or strong motive for punishing my wife to

the extent of bringing her to the floor by her hair, dealing two blows

2''

to the head, and uttering so,many such indecorous phrases. CNIor is it

justifiable that3 for such an error he was in the guardhouse only from

mid.d;^;,J Saturday through the rest of the day and [that] night and waslv

set free Sunday morning by Sefior Alcalde Don YE.;nCe.ci]o Pena,

which has been most regrettable to me. I therefore appealed to the

said sefior a;LCalde yesterday, Sunday, and he once more placed the said

N.anCue71 Padron in the guardhouse, Cbut7 without [imposing on him7 the

punishment necessitated by his audacity. As a result I [now] come to

impose upon the most heedful and superior attention of Your Lordship,

begging you--with the intercession of justice--to deign to command

that the afore-mentioned Padr6n, his mother, and his sister tell me

the reasons they had for cudgelling my wife, and that they prove those

Creasons? they have for calling my said wife a mulatto. For since

they all have brought me to such shame, I can only cry out to Your

Lordship to hear my just plea and Cto seeJ the dilemma on which the

above-mentioned Padr6n has placed me, so that Your Lordship, aware of

the honor of my action, will impose a serious punishment on the li-

centiousness of that family and on the audacity of the said DllanCue71

Padrbn, and so that I may have satisfaction for such inconsiderate

action in order to amend such injuries and ill breeding as are seen in

this villa.

In order to pursue this plea it has been necessary for me to

postpone my journey, though not going ahead will result in total loss

of time. Thus I beseech the fair mercy and justice of Your Lordship

to deign to provide that which you find appropriate, so that I may

continue my journey with full confidence that the said Padr6n and his

28

mother and sister will remain in compliance Cwith the lc.w7.'And since

any further delay will result in my losing the cattle which I have to

take to [San Juan Bautista d:iel RTo GCrand3e, should this happen to me

with no doubt that this said Padro'n is the cause, I s^hal], brinp, against

him such charges and complaints as may result [from in,iuries7 to me in

the interim. For this reason and to avoid further damages,

I beg and beseech Your Lordship--with the intercession of Justice--

2

to order or do as I request, // that from your so doing I may receive

all mercy. CAnd I ask7 also that you admit this my petition on the

present plain paper, as there is within this.province none stamped. I

swear Cas.appropriate3.---I protest [payment of] costs, and CI swearJ

on whatever [oath3 is necessary, &c.

FranCcis7co Rodrigtue7zCRubric7

CD.s., 1-2 pp., in R. 10/20/1783-11/17/17833

CI have] seen Cthe aforegoing petition]. And since I am unable

to oversee this cause because I find myself with many preoccupations

pertaining to the royal service, let this appeal be sent to Second-

ranking Alcalde Ordinario Don Ygrnacio de la Pena, so that he, informed

of its content, may conduct the proceedings corresponding to it, re-

serving justice for the litigants. Thus it is provided, ordered, and

signed by me, Don Domingo Cabello, Colonel in the Royal Armies, Gov-

orr:or and Commandant of Arms of the Province of Texas, its Missions,

Conquests, and Frontiers, Captain of the Cavalry Company of the Royal

29

Presidio of San tlntConilo de Dexar, and Inspector General of the

Militia Corps and Presidial Troops of the said Province by Commission

2vConferred by the Lord Commandant General of the Interior

Provinces of this Kingdom of New Spain; at this Royal Presidio of San

AntConi7o de Bexar, on the twentieth day of the month of October, in

the year seventeen hundred eighty-three; before the attendant wit-

nesses with whom I act in the absence of a notary, doing so on this

plain paper, as there is none stamped. This I certify.

Cabello[; ubric3

Ccross]

Jose P1"azido de Mon.on Pedro Dfas del Castillo

CRubric7 [Rubr:.c]attendant witness attendant witness

CD.S., 2-2v pp., in E. 10/20/1783-11/17/17837

Villa of San Fernando Cde Bexar7, October 20, 1783

I have seen the aforegoing petition presented by Don FranCcis3co

Dodr°sgCue7z and the superior decree which the lord governor and com-

mandant of arms of this province has deigned to place thereunder. In

order to put into effect that which was ordered by the said gentleman,

I must command and do command that the ministro de vara summon the two

3witnesses // cited in the ss.id petition, Tadeo de los Santos and Jose

Servantes, so that they may state under the obligation of an oath what

they have learned of the matter, and Cso that I], on the basis of what

their statements lead to, may determine what is appropriate in justice.

30

Thus I have provided, ordered, and affixed my signature Chereto],

acting on my own behalf with my attendant witnesses as juez reseptor

in the absence of any notary, Ceither] public or royal--as there is

raone--and on the present plain paper for lack of any stamped Cpaper].

This I certify.

Josz Ygnasio de la Pena

Jose Marcos de Aguilar FranzCis7co Sanches[Rubric] CRubric]

attendant witness attendant witness

CD.S., 2v-3 pp., in E. 10/20/1783-11/17/1783]

In the said villa on the said day, month, and year, before me,

the said judge, in order to effect that which was ordered by me above,

I caused to appear in this my court Jos'e Servantes, and in person--for

I attest I know hir.i--I received from him his oath, which he swore in

due legal form. Under that charge he promised to tell the truth in

what he knew and might be aslced. [Questioned] on the tenor of the

content of the petition, he stated Cas follows:] On Saturday, the

eighteenth of the present Cmonth], he saw Frantcis]co Montes and Pedro

Orendain fighting. He did not know why they were fighting, but he had

heard it said that they were drowning each other, and so he went to

see. 1rlYien he came to the river they had taken them out. He heard

Senora Juana Travieso say that ManCue71 Padron had threatened her

while the fighters were.entangled, that the said Judna had gone home

and sat in the doorway in a chair, and that she had said that she was

31

3vwaiting for :+,anCue31 Pa.dron in order to give him something to

threaten her for. As soon as she saw him coming, she went out to hit

him and said, "Come here, you dirty dog, you resin-tooth, you cer-

tainly have nerve to call me a dirty pig.tf Ms.nCue71 Padron replied to

her three times, "She is indeed a dirty pig." The said Juana threw

herself on him and he responded with two blows. Then the deponent

came between them, trabbed the woman, and placed her inside her house.

The said woman came out again and began shouting to them from the cor-

ner of her house. CThe deponent said3 that he did not know and in the

turmoil had not heard what was being said. He only heard that the

said A"anCueJl Padron, from the jacal which was his house, said to the

said Jua.*:a, "There goes the dirty pig. It would be best if she did

not.go out to the street to shout." CThe deponent sta.ted3 that this

was the truth according to the oath he had sworn. And when his dec-

laration had been read to him, he confirmed and ratified it. He de-

clared that he was seventeen years old, ranked as a Spaniard, and that

the general impediments to testimony were not applicable to him. He

did not sign because he said he did not know how. I, the said judge,

did so for him with the attendant witnesses with whom I act as above

stated. This I attest.

JosG Ygnasio de la Pena

CRubric7

Ccross]Jos'e Marcos de Aguilar FranzCislco Sanches

CRubric3 CRubricJattendant witness attendant witness

CD.S., 3-3v pp., in E. 10/20/-'783-11/17/17833

'̂2

Im.medis.tely thereupon, I, the said judge, did cause to appear4

before me // Thadeo de -los Santos, and did receive from him his oath,

which he swore in due legal form. Under this charge he promised to

tell the truth concerning what he knew and might be questioned on.

CAsked7 about the tenor of the content of the petition, he said [the

following:7 When the deponent had gone as far as Don Fran[cis7co

Rodre.gCue]z° house, he heard a woman say, "Here comes Manuel Padron,"

whereupon Senora Juana Traviesso came out to strike him in the street.

She said to him, "You good-for-nothing." ManCueJl Padron replied that

she must be one. With these words they approached each other. The

said Juana threw herself on top of ManCue71 and ManCue3l grabbed her

by the hair and dealt her two blows. The deponent stayed in the

doorway until Josc Servantes separated them, and as soon as he saw

them separated, he went away and did not find out or see anything

else. CThe deponent stated7 that this was the truth according to the

oath he had sworn. And when his declaration had been read to him, he

confirmed and ratified it. He declared that he was twenty-four years

of age more or less, ranked as a Spaniard, and that the general im-

pediments to testimony were not applicable to him. He did not sign,

as he said he did not know how. I did, so Cfor him] with the attendant

witnesses with whom I act in the absence of any notary, either public

or royal, Cdoing so7 on the present plain paper for lack of stamped

Cpaperl'. All this I attest.

Jose Y^rnAsio de la P enaCRubric]

JoW Marcos de. Aguilar Ygna::io Tfarxr,. Lurero

CRubric3 CRubric 3


CD. S• , 3vA pp., in E. 1.0/20/1 (83-11/S.7/17d33

CI3, Don Jos6 YngCaci3o de la PeEa, second-ranking alcCs.ld3ekv

ordCins.ri3o // of this villa of San P'ernCand3o Ede Lcxar7, in view

of Cr:;l3 having taken the aforegoing declarations, must command and do

command that a transcript be given to the party Cconcerned3, so that

he, in view thereof, may argue Csuch points3 as his rights allow.

Thus I have provided, ordered, and affixed my signature before the

attendant witnesses with whom I act as afore-stated. All this I

attest.

Jose Ygnasio de la Pena

CRubric 3

NO Marcos de Aguilar Ygnasio LuzeroCRubric] CRubric3


CD.S., 4-4v pp., in E. 10/20/1783-11/17/17833

31;

CI], Dong Antonia de Armas, widow and resident of this villa of

San FernCs.n]do Cde Bexar], reply to the transcript which Your Grace

ordered serat to me so that I might argue against the undue and false

charge made by Don FranCcis]co Rodrzguez in his petition. For he says

that my son Josef ;vIanCue31 Padron outraged CRodriguezp] wife, Juana

Traviesso, with indecent remarks, calling her a dirty pig and that my

daughter and I said of her that she was a mulatto. [But the charge]

is false, as is inferred by [what] the two witnesses presented by the

said RodrigCue]z Cstated] under oath. For they say that they heard

the said Juana Traviesso say, when she had returned to her house and

was seated on a chair in the doorway, that she was waiting for my son

1-IanCue71 in order to give him something to threaten her for, and that

as soon as she saw him coming, she went out to hit him, and that the

said Juana (as usual) was the one who said to my son, "You filthy dog,

you resin -tooth," with which my said son replied to her Cmaking] the

same rremark7 that she made. Thus it seems not to be right that by a

petition Ccharging3 such a false crime, while the said Juana is de-

5vfending a scandalous Indian, my son is in prison, and that the

said shameful woman, Juana, who had nothing to gain or lose thereby,

remains free from the correction and punishment which she deserves.

For it is not the first Ctime] nor will it be the last Ctime] she has

got herself into [such a situation]. And as for what she says occur-

red concerning the drunkenness of the Indian Chico Montes and Pedro

Orendain, Your Grace should deign to take declarations from l]ona Rita

Flores, rel.ix Guerrero Menchaca, and Tadeo Santos. By the said dec-

35

larations you will realize that the said Juana bears the guilt for

everything and [that] she is going to put herself at a distance and

cause the men to fight, omitting many other remarks; wherefore

I beg and beseech Your Grace to aei.gn to provide and to do as I

have requested, that I may thereby receive mercy and justice. I swear

in Caue] form that I bear no malice, and [I swear] on whatever Coath]

is necessary, &c.

R.oreover I beseech Your Grace to accept this petition from me on

the present plain paper, as there is within this province none

stamped.

Antonia de Armas

[Rubric]

cD. S. , 5-5v pp. , in E. 1,Q/2®/17£'r3-i1%x7/i783a,

In the villa of San FernCand]o Cde Bexar], on the twenty-third

day of the month of October, in the year seventeen hundred eighty-

three, before me, Don Jose Ygnacio de la Pen"a, second-ranking

a1_cCald3e ordintari]o of this said villa, Cthe above] petition with6

its contents was presented. And when I had seen it, // I considered

it Cto have been duly] presented and accepted on the present plain

paper, as no stvm=nped Cpaper] is available in this province. Con-

sequently I must command and do by these.presents command that the

said petition be made known to Don FranCcis]co RodrIgCue]z, so that

he, aware of its content, may present such additional proof as he may

have to , ,̂ustify the accusation he has placed before me against ManCue31

36

k'adrv.:, plaintiff in this cause, Cwho is] imprisoned in the guardhouse

of this aforenaMed villa, C€xnd who is] the son of Dona. AnttConY]a de

Armas, so that I, the said alcalde, in view of Cthe alle,,ations] of

a11parties, may proceed to the point of pronouncing the sentence most

appropriate by law. Thus I have provided, ordered, and affixed my

si^;nature, acting por reseptoria with attendant witnesses, in the

absence of any notary, Ceither7 public or royal, as there is none, and

Cdoing so] on the present plain paper, for lack of any stamped Cpa-

per7. All this I attest.

Jose Ygnasio de la Pe:iaCRubric]

Jose " h?arcos de AguilarCRu}cr ic]

attendant witness

6v6 CBiank]

Ygnasio Luzero[Rubric]

s.ttendant witness

CD.S., 5v-6 pp., in E. 10/20/17u3-11/17/17$37

37

Ccros s3

SeiYor Alcalde Don YgnC.aci3o Pena:

CI7, Don F'ranCczsaco Hodraguez, a regir.lor on the ayUntarnCien3to

of this villa of San FernCand7o Cde I3e:car7, in response to the peti-

tion of Dona AntConiJa de Armas (of which Your Grace was kind enough

to send me a copy), do appear before Your Grace as is best provided by

law and amenable to my rights and state [the following:] The petition

giving my initial statement was not [concerned] purely with a crime,

as Dona Antonia de Armas states in hers. It was only a notice, as the

petition itself shows, of my just complaint. I placed it in the hands

of the lord governor so that His Lordship might deign, by a grave

statement, to subjugate the malfeasance of MfanCue7l Padron by ChisJ

trial for striking my wife. By virtue of His Lordship's not having

been able to undertake this cause because of the large quantity of

business which he finds himself conducting in the royal service, His

Lordship deigned to disclose such in the decree found immediately

following my said petition, wherein he confers on Your Grace the

authority to investigate this cause. And since CPadron's action] is

so detrimental to my honor, and since I realize (as can be inferred

from the petition presented by Dofia AntConi7a de Armas) how little or

nothing has been done to the mother or the son for the beating and the

outrage of my wife, which they caused; I can do no less than make a

criminal complaint against the person of Manuel Padr6n for having

bc+? dly laid hands on my wife. And by virtue of the said Padron's7v

having confessed, and // Cbecause] his malfeasance has been

38

corroborated by two witnesses, Tadeo de los SCanltos and. Jose

Servs.ntes, Your Grace will surely deign to command that the said

Padrein be placed in a pair of shackles and that he be kept thereby

imprisoned in the guardhouse for a period of a fortnight. CI rec-

commend this3 as punishment for his offense, to serve as a general

example to those who, trespassing on the domain and respect of a

husbar.d, make bold with married women, and also as satisfaction for my

grievance, which redounds to the disfavor of my honorable behavior;

for the honor with which I have always lived and maintained my

household and family is public and notable. At the same time CI

desireJ that you proceed to examine the motives which the said

AntConila de Armas had for calling my wife a mulatto, for I married

her trusting that she was Spanish, and if the aforenamed Antonia knows

her not to be, I shall call my Cmarital7 state a deception. Further-

more the beating and outrage Cmentioned7 above raises serious grounds

to suspect that there is an illicit relationship in progress between

my wife and the Indian Montes (or whoever hit her). Thus if, in the

said examination, it occurs that my said wife is found to be guilty,

she also is to be given the corresponding punishment, with the un-

dersta.nding that I shall live apart from her until she meanwhile gives

8me proof of her fidelity. And if she is not found guilty, she

must hold to her condition as a married woman of adult age and at the

sa.,ie time CrememberJ whose wife she is. Thus the boy and his mother

must be reprimanded. For the manner in which he speaks demonstrates

his bad conduct; wherefore

I beg and beseech Your Grace to deign to order that tJhat I have

asked be done, as it is justice that I ber; for, and CZ ask that youJ

,prova.c?e Cfor the execution of my suggestions contained inJ this my

:oetit?on, aeceptinr it on the present paper, as there is none stamped.

==w5 swear --- that I'bea-r no malice and CI swear7 on whatever CoathJ is

necessary, &.--_

FranCcisJco RodrirCueJzCRubricJ

CD.S., 7-8 pp., in E. 10/20/1783-11/17/1783J

Villa of SCaJn FernCandJo Cde BexarJ, October 25, 1783.

Before me, Don Jose' YgnCaciJo de la Pena, second-ranking

a1.cCa1dJe ordinCariJo of the said villa, this [the above] petition was

presented by him who is mentioned therein. And whereas it has been

seen by me, I consider it to have been CdulyJ presented and admitted.

Consequently I must command and do by these presents command that (for

better verification and knowledge of this cause) Dona AnttConi7a de

Armas present such further proof as she may have in favor of her

rights, so that, in view of the.examination of one party and the

other, CI7 may proceed to give the definitive sentence provided by8v

law. For this reason I command that this my auto and the

aforegoin6 petition be made known to Dorla AnttConi]a. Thus I have

provided, ordered, and affixed my signature, acting por reseptoria

with attendant witnesses in the absence of any notary, either public

or royal, as there is none in this province, [doing so] on the present

paper, as there is none stamped. All this I attest.-==

1a 0

Jose Xgnaslo de la Pene.CRubric]

Josc: IM-arcos de Aguilar Ygnasio LuzeroCRubricl CRubric7


CD.S., 8-8v pp., in E. 10/20/i783-11/17117837

Irunediately tYiereupon, I, the said judge, in view of the afore-

going petition presented by Don FranCcisaco RodrlgCue3z, went to the

guardhouse where NanCueal Padr6n, defendant in this above-specified

cause, was to„be found, and at the request of the said RodrigCue7z I

notified him of the aforegoing petition and ordered that a pair of

shackles be placed on hin as the complainant requests. To this

notification he Uave due obed:.ence, reserving his right to appeal as

is co=,odious to him. I place Cthis record7 in the proceedings for

evidence thereof today, the twenty-fifth of October, in the year

seventeen hundred eighty-three, acting in my own behalf with attendant

witnesses,and on the present paper as above stated. All this I atr-

test. ---

Jose Ygnasio de la PenaCRubric7

Jose Marcos de Aguilar Ygnasio Luzero

CRubric3 CRubric3


CD.S., 8v p., in E. 10/20/1783-11/17/17837

1E l

Senor Alcalde Don Ygnacio Pefia:

CIJ, Dona Antonia de Armas, a widow and resident of this villa of

San Fernando Cde SsexarJ, appear before Your Grace in the most suffi-

cient manner provided by law and state [the followingJ in reply to the

transcript which Your Grace dea.gned.to order sent to me concerning the

charge or charges newly made by Don FranCcisJco RodrigCueJz in his pe-

tition. In it he first says that his statement is not CconcernedJ

purely with a crime, as I said in mine, and that it was only a notice

of a,just complaint, as his petition demonstrates. Thus one realizes

and can see that either he does not know what he is saying in his

first criminal petition, or else that he who wrote this latter one did

not know what he was putting Cin wri.tingJ when he said that it was on-

ly a notice. Therein he says that he has perceived from my petition

that little or nothing has been done to me or to my son for the

beating and outrage which Cmy son, Manuel Padron.J committed against

CRodrSguez°] wife, Juana Traviesso,and that he can do no less than

bring a criminal complaint against my son ManCueJl Padr6n, since his

malfeasance was confessed and corroborated by two witnesses.

CRodrieC;uez asksa that a pair of shackles be placed on CPadronJ for a

period of a fortnight as punishment for his crimes and to serve as a

general example to those who would trespass on the domain and respect

of a husband. I say that, as for what pertains to me, it is true that

nothing has been done to me for the act, for I am mixed up in this,

matter no further than in defending my son from the criminality of the

complaininF, Cps.rty3, without knowing that his wife was guilty of

42

eve.rythinI.„ as the witnesses quite clearly testified and as I have

said in nW . previous petition. And as for [the matter] pertaining. to

my son, ? cannot know whether anything is accomplished by having him

9vimprisoned in.the guardhouse // or whether the cause in which my son

would be defending himself Ccame about] because the said Juana Travie,sso

went out to the street to take him and pull him by the hair. I find un-

just Cthe assur.:ption] that no woman goes out of her house to assault any

a^.an as the said Juana did to my son. There is a current proverb which

says that ants are small, but when tread upon they turn and sting to

defend themselves. Thus one finds unjust the petition finally made by

the said RodrigCue]z that my son be placed in a pair of shackles for a

fortnight and that the said Juana, guilty of everything, remain laugh-

ing, without the correction she deserves for going out to assault men

on the street, provoking them with indecent and unclean remarks, to

which my said son, as the witnesses state, did nothing more than

return them, as such a public scandal warranted. Likewise the said

Rodriguez states Cthat he wishes you] to proceed with the examination

of the motive which I had for calling his wife a mulatto. But since

Cthat accusation] is totally false, he has lied about me in the first

petition. The witnesses would have said so, and Cbesides], for me to

consider her thus Ci.e., a mulatto] would be for me to consider myself

the same also, since we are relatives. Finally CRodriguez] says that

the outrage which occurred casts a grave presumption of suspicion that

an illicit relationship was taking place between his wife and the

Indian M=tes (or whoever hit her). The said Don-I'ranCcis]co

RodrigCue7z can look into this Cmatter] elsewhere. But I, for my

)^ a

part, know nothing except this : My son (wYiil.e I was ri.b yent^ from the

place) w3; called by I)ona Manucla Curbelo to takc, a stone away from

the said Montes, who had it in t>dis. hand, and to hit a;ervant boy of

10hers. But it could not be taken because the said Montes shoved

it at the said Doxia Manuela and did the same to my son. At the time

the said Juana Trabiesso arrived, thinking that my son had hit the

said 1••Iontes, she said to CPadron]--and I speak with due respect Cin

repeating it]--°PYou big cuckold's son, you dirty pig, you ought to hit

me, not Chico Montes". To this my said son answered, °PI did not hit

him. But if you were wearing pants as I am, I surely would hit you

for your haughty and ugly talk. You know very well who my father was."

Then the said Juana said to him, "When you cross my street, you are

going to pay for it." tThen she finished washing off Chico Montes'

head, the said Juana said to him, "The ones who struck you are alderete

Manuel Padr6n, and F6lix and Pedro Orendain. Now you are going to be

done with all of them, large and small." The said Chico Montes will

tell this sequence of events [the same wa,y7, and Thadeo Santos, Dona

Rita Flores, Dona Manuela Curbelo, and several others who were there

will surely agree, so that Cthe matter] may be put to rest by Cyour]

hearintr, the aforegoing words Cfrom them]. The said Dofia Rita and Dona

Manuela secluded in their own rooms and jacals all the afore-mentioned

Cpersons] that CJuanaJ said had been hit. The said Montes, seeing

none of them appear, indicated to my son and Felix, who knew they were

going to the field, that he had to take them a leather strap from El

Espinazo Cde Judas3. After all this happened, the event of my son's

defending himself from the one who attacked him took place; wherefore

44

I beg and beseech Your Grace to deign to command that Ci'adxcnJ be.iVP.

set // Pfree from the captivity in which he presently is Cconfined]

and..that the shackles be removed from him, since it is justice I beg

for a1.ong with the rest of what S ask. And [I requent] that this my

petition be accepted on the present plain paper, as there is none

stamped. I swear that I bear no malice and CI swear] on whatever

Coath] is necessary, &c.

Antonia de Armas

CRubric]

CD.S., 9-l0v pp., in E. 1©/20/1783-11/17/1783]

Villa of SCa]n FernLarid?o Cde Be'xar7, October 27, 1783

Before me, Don Jos4;Ygnacio de la Pona, second-ranking alcCald]e

ordC%.nari]o of the said villa, this petition was presented. By its

content and its having been seen by me, I find it to have been [duly]

presented and accepted on the present paper. Consequently I must

command and do command that Don FranzCis]co RodrigCue]z be informed of

the content of this petition, so that he thereupon may respond with

whatever he may have [to say] in favor of his rights. Thus I have

provided, ordered, and signed, acting por reseptoria with attendant

witnesses in the absence of any notary, either public or royal, as

there is done, doing so on the present plain paper, as there is no

stamped CpaperJ in this province. All this I attest,

Jos'e Ygnasio de la PenaC Rubric 7

4:

Jos6 Atsa cos de Aguilar Ygnasio LuzeroC:tuea:-ic 7 C Iiubric J


CD. s. , 10v p., in E. io/2o/i783-11/17/17833

t}6

CcrossD

Sefior Alcalde Don Y;,rnCacilo Pena:

C:C7, Don rranzCisDco Fodriguez, regidor on the axuntarr,Cien.lto of

the cabildo of this villa of San Fernando and royal presidio of San

AnttConi3o de Bexar, for the first, second, and third CtimeJ have

presented myself before the justice of Your Grace. The first and

second time I appeared in the form and manner Cprovided3 by law, and

this last time I state the same thing, Cbut7 with the greatest at-

tentiveness that the law allows me, and I say Cthe followinp;:3 In

the statement [which appears7 in the petition found on pages nine and

ten of these proceedings, presented by Dozna AnttConi3a de Armas--the

same as the first CpetitionD, which is evidenced on pages 5 and 6 of

the said proceedings, both Cpetitions7 being quite devoid of civility--

I can only attribute the said AnttConi3a de Armas' arrogance to her ill

breeding. Instead of mitigating the offense which her son Manuel

Padr6n com.mitted against me by having dared to lay hands on my spouse,

she continues to aggravate her malfeasance by treating my wife as [the

object of3 public scandal. CAntonia? is unheedful of the jurisdiction

I currently hold, even though there is no proof that what she says in

her petition is in her favor, or that I did not know whr;%t I was

speaking of in mine, or that she was defending her son from my

criminal acts. But she has failed to take into account what happenedllv

or Cwhat is alleged in] mi,y complaint, // what I say, how the dis-

pute occurred, what was said, or who was there (since everything has

already been proved)9 or Cthe factJ that i summoned their wives.

117

Since wbat AnttCoa:;i]« de Armas says is nonsense, I do not have to say

in my favor anything more than what I requested in my previous legal,

simple, plain petition, spoken with due respect, tiihich Your Grace has

executed. And whi].e the impx iuonment of ManCue31. Padrori is not evi-

denced in the Cjudzcial] action, it is apparent by sight that it was

done. Therefore, since this sentence was carried out in my favor, I

am not obliged to give more proof, but only to ask that what has been

ordered be complied with and that when the punishment is completed,

Cyou] proceed to what is most just. As for [AntoniaQs] saying that

she did not call my wife a mulatto, [I ask that the truth] be con-

firmed by Thorivio Duran, Calletano DomingCue]z, and Josef Sausedo. I

beseech Your Grace, with the intercession of justice, to deign to com-

mand that their deGlarations be taken and that women not be called Cto

testify], since it is not proper to summon them in a matter as serious

as the one we are dealin,with. I can only entreat Your Grace, with

the intervention of the power Cincumbent in] the royal jurisdiction

you exercise, to curb the excesses of the said AnttConi]a de Armas or

at least CMS: several words erased and written over] to free me from

the provocation in which her licentious nature places me. For I

12calculate that she is not content for her son ManCue]1 Padr6n to

have hit my wife or for CAntonia] herself to have called Cmy wife] a

mulatto and, now, a public disgrace. She does not recognize Cthe

fact] that the honorable charge of a senor regidor on this noble

cCabildo], which Ccharge] I exercise, must not brook such an outrage.

For Your Grace, Cas] senor alcalde, must know that the said Antonia

has little or no esteem for me and my family, and this contumely will

4 8

come to be taken for ,rr.riinted if in time it is not amended; wherefore=-=

I beg and beseech Your Grace to command or to do as I have requested--

for it is just--and to . accept this my petition on the present plain

paper, as there is none stamped. I swear that I bear no malice and CI

swearJ on whatever CoathJ i s necessary, &c.

FranCcisJco RodrinCueJz

CRubricJ

CP. S. , 11-12 pp., in E. 10/20/17F33-11/17/1783J

Villa of San FernCand7o, October 30, 1783

Before me, Don Jose YgnCaci7o de la Pefia, second-ranking

aJ.cCaidJe ordCinariJo of the said villa, this Cafore;;oingJ petition

was presented. By its content and its having been seen by me, I find

it to have been CdulyJ presented and admitted on the present paper.

Consequently I must command and do command that the content of the

said petition be made known to nona AnttConiJa de Armas, so that she

may hereunder allege what she has Cto sayJ in favor of her rights, so

that CIJ; after examining all parties, may make such Jud;ement as is

appropriate to.justice. Thus I have provided, ordered, and affixed my12v

ssi^;nature, acting por r.eceptorxa, with attendant witnesses, in

the absence of any notary, either public or royal, and on the present

plain paper, as there is none stamped. All this I attest.

Jose' Y;,rasio de la PenaCRubricJ

119

.Jose Marcos de AGuilax° Ygnasio Luzero

CF;ubric:l CRubric3attendant witness attendant witness

C^, ^. , 12-12v pp., in E. io/2o/17g3-1i/17/a.783j

50

Senor Alcalde Don Ygnacio Pena:

CIJ a DoiBa Antonia de Armas, a widow and resident of this vila of

San Fernando Ede BexarJ, appear before Your Grace in the most due form.

provided by law and amenable to my rights, attending to the last peti-

tion presented by Don FranCeisJco RodrigCueJz and to the copy which

Your Grace deigned to order sent to me so that I might argue that

which is in my favor and that of my son Manuel Padr6n. In reply to

what LRodrig•,:ezJ says, that he can only attribute my arrogance to my

all breeding and that, instead of mitigating my son's offense, I have

called CR.odrzguez'J spouse a public disgrace and have not heeded the

Jurisdicts.on he holds, I say [the fo].lowing: J It hardly shows lack of

CgoodJ breeding; that [upbringing) which I have had is so good that I

could produce sufficient proof Cof itJ from persons at this presidio

as well as from the padres of these missions. That which I have had

and, as is public knowledge, have given my children, may be the best

given in this country by the padres. Concerning what CRodriguezJ says

of arrogance, it is demonstrable only in his request for imprisonment

and shackles Cfor my sonJ, taking advantage of his authority, as if

this would shield him from the justice which corrects and punishes (by

the reasoning I have disclosed in my above petitions) a woman who goes

out to the street to amuse herself, to injure men, and to scandalize

this villa with her remarks, as is well known, and as is proved by the

declarations taken from the witnesses he presented. In spite of [the

factJ that his request for the imprisonment and shackling of my son

was i`ul.filled, the said RodrigrCueJz certainly must know the reason m,y

said'so.a had for defending himself. Since he is not a young r.:a-n, [he

should know7 that if another man of this commonwealth had been sub-

jected to public vssault on the street, and if his hair had been1jv

pulled, // he would think nothing of cracking Chis assailant ° sJ

body and head by kicking him and, consequently, anyone who went out to

defend him. For no one wishes to leave himself to be offended by

someone else publicly, especially for an injury in which one neither

gains anything nor is defending anythinE, of his own. Concerning what

CRodriguezJ says about what I explained in my second petition, about

how the dispute CoccurredJ and who was present, he says that it is all

nonsense. But of this and of the rest I know that [his all.egationsJ

answer nothing and only lead where he wishes them to, so that my son

may be punished (asis now being done). Since the said Rodri--;CueJz is

on the cabildo, he forgets (perhaps through passion) that while crimi-

nal proceedings are in progress and until judgement is rendered, no

person ought to be punished. This was made public by bando by the

lord co_nnnandant general of these CInte:riorJ Provinces when he was at

this presidio. I here omit many other arguments and all the other

C.^a.ttersJ which CRodrigueza would wish to reopen for judgement, in

order to protract the trial and, by lengthening its time, to punish my

son for the period he requested. But to me this does not seem just

for the reasons I have given, especially when [Manuel PadronJ provoked

no one, yet [Juana Travieso and othersJ went out and attacked him,

w:ierefore

I again beg and beseech Your Grace to free my 24:^.I.ci son Manuel

/2

:'adron and "Let the said Juana be punished. For she is the one who

caused such a scandal and trial, Cor it was occasioned] through her.

Also CI ask] that this petition be accepted from me on the present

plain paper, as there is none stamped. I swear that I bear no malice

and [I swear] on whatever Coath] is necessary, &c.

Antonia de ArmasCRubric]

CD.S., 13-13v pp., in F. 10/20/1783-11/17/1733]

Villa of SCa]n FernCand]o Cde l3exar3, October 31, 178314

Before me, Don Jose' YgnCaci]o de la I'ena, second-ranking

alcCe.ld]e ordC:.narilo of the said villa, this Cabove7 petition was

presented. By its content, seen by me, I find it to have been Cduly]

presented and admitted on the present plain paper for the reasons it

expresses. Informed of the subject, I must command and do command

that it be added under the petition presented by Don Fran[cis]co

rtodrigCue]z so that CI], consequently, may proceed to give the

definitive sentence provided by law. Thus I, the said judge, have

provided, ordered, and affixed my signature, acting por receptoria as

above-stated. This I attest.

Jose.

Yg:xa;.io de la Pefia

CRubric]

Jose Marcos de AguilarCRubric]

attendant witness

FranCcis]co BalderosCRubric]

attendant witness

5_3

CL`, S. , 13v-14 pp. , in B. 10/n0/1783-11/17/17837

In the villa of San FernCand3o, on the thirty-first day of the

mor:t?^ of October, in.the year seventeen hundred eighty-three, I, Don

Jose Y;;nCaciDo de la Pena, second-ranking aleCaZdDe ordCinariJo of the

said vilia and ,judge commissioned in these proceedings by the senor

r;overnor governor Csic' and commandant of arms of this province, Don

DomC in{;'jo Cabello, do state Cthe following: 7 Having seen and examined

this causeql find that the plaintiff has proved the crime of the de-

fendant Jose x,lanCue7l Padren whereby the latter dealt two blows on thel4v

head to the wife of the said Don FranCcisDco RodrigCuJez. // But

as for the motive for this action, the Caecused7 party, Jose ManCue71

Fadrern has proved that it was (principally) no other than Cthe fact3

that Juana Traviesso went out to the street to provoke him, as is

verified by the two witnesses called by the plaintiff, Jose Servantes

a:d Tadeo de los Santos. Both of them declare that in their presence

Jose .-ianCueD1 Padron was walking along the street. The wife of the

said Don ;ranCci-s7co Rodri,-,Cue7z was in the doorway of her house,

sitting in a chs.ir. She left her seat and went out to the street to

run into the said Padron. He was pulled on the top Ci. e. , by the

.".airi; she attempted to hit him. And since (as is natural) defense is

in every creature, he delivered two blows to defend himself from her.

As a consequence of the af ore"oin; ^ud^;eraent (disclosed by me), I find

Jos'e PianCuell Padron guilty only of an ordinary offense (which I arg,ue

was well -oroved) liable to a discretionary penalty. In the knowledge

51;

thereof and. because the aforesaid Jo ne TManCue3l Petidron has endured

twelve days of confinement, seven of them with a pair of shackles, Il^

must /J command and do by these presents command that these pro-

cec;dings be read to him so that he may be informed of theircontent

and the merits of this cause. Thereupon, as a definitive sentence,

Don FranCcisaco RodrigCueaz slxail tender the cost of these proceed-

in`s, which amounts to twenty pesos; he shall immediately give the

same in hand. The said Jo:;< ManCue7l Pc.dran shull be set free from

imprisonment and from the confinement of shackles which until now he

has suffered. Thus I have provided, ordered, and affixed my signature,

acting or reseptoris, in the absence of any notary, either public or

royal, and on the present plain paper, as there is within this pro-

vince none stamped. This I certify.===

Josz Y;nasio de la t enaCP-,ubric3

Jos'e Marcos de Aguilar Ygnasio Luzero

CRubricJ CRubric7attendant witness attendant witness

CD.S., 14-15 pp., in E. 10/20/17g3-11/17/1733]

On the said day, month, and year, I, the said judge, in order to

put into effect that which was ordered by me in the auto aforegoing,

did notify in person--for I know them--Don Fransisco RodrihCue7z, the

initiating party, and Jose Manuel Padron, defendant, making known to

them the afore-mentioned auto. Instructed thereon, they said that15v

they had heard it. // The aforesaid Rodri,Cue]z said that he would

55

not pay the twenty pesos in costs which he was charged. This he gave

as his reply, and I signed Cthi:7 with the witnesses attending me,

with whom I act in the absence of a notary,. as there is none, Cdoin^r

so] on this plain paper, as there is none starniaed. This I certify.=--

TJose Ygnasio de la Pena Jose RSanCue71 Padron

CRubric7 CRubric7

Jose' Marcos de Aouilar Ygnasio LuzeroCRubricl . CRubric3


CD.S., 15-15v pp., in E. 10/20/1783-11/17/17837

At the same action of notifi_cation, Jose 'ManCue3l Padran was set

. free; this I certill^, and I have affixed my rubric Chereto7.

[Rubric of JosP Ygnacio de la Pena3

CD.R., 15v p., in E. 10/20/1783-11/17/17€337

In the villa of San FernCandJo, on the tenth day of the month of

November, in the year seventeen hundred eighty-three, I, Don Jose

YgnCaci3o d,e la Pezia, second-rankine; a,_cCal.d7e ordCinari7o of this

vi.zla and judge in this Cjudicial7 action, state that Don FranCcisaco

RodrizaCue7z is to be notified [that he is7 to tender the costs as or-

dered, with the corresponding warning Cof the penalties involved7.

Thus I have provided, ordered, and affixed my signature,actinC; in my16

oGn: behalf with attendant witnesses in the absence of a notary,

as there is none, and [doing so3 on this plain paper, as there is none

56

sta.mped; This I certify.

Jose Ygnasio de la Pei:aCRtzbric7

Jose Marcos de Aguilar Ygriasio LuzerotRubricD C tubrl.c7


CD.S., 15v-16 pp., in E. 10/20/1783-11/17/17837

Thereupon, I, the said judge, in order to effect that which was

ordered by me, went to the house and residence of Don FranCcis]co

Rodrxt;CueJz and in person--for I know him--notified him and made known

to him the above auto. Informed of its tenor and form, he said that

he would obey and would pay the twenty pesos in costs if he would be

given a transcript of these proceedings. This he gave as his reply,

C aut3 he did not sign and said he would not sign until he was given

the transcript which he requested. I Csigned for him] with the

witnesses attending me, witk^i whom I act as above stated. This I

attest.--=

Jose Ygnasio de la PefiaCRubric7


CRubric7 Ci;ubric7


cD.S., 10" p., in F. 10/20/1783-11/17/17833

In the v3.1.la of San I'ernCand7o, on the eleventh day of the said

month and year, I, the said judge, in view of the reply given by Don

57

FranCcis]co z"iourf(;Cut]z, in which he says that he is prepared to give

the t-venty pesos in costs as soon as he is given the transcript heIuv

r ec,cuests, I state Cthe followin a t] IaotwithstandinF; Chis re-

questa, he is to be notifed a third Ctime] that he is to make payment

asas ordered, under the same warnings. When he has complied wit;. W

he was ordered Cto do], he will be given the copy or copies he re-

quests when he has paid for it. Thus I have provided, ordered, and

affixed my signature, acting in my own behalf, with attendant wit-

nesses in the absence of any notary, either public or royal, as there

is none, Cdoing so] on this plain paper, as there is none stamped.

All this I attest.

Jose Ygnasio de la Pe^is.CRubric]

Jose Mlarcos de Net;ui larCI'ubric ]

attendant witness

Ygnasio Luzero

CRubricJ

attendant witness

CD.S., 16-16v pp., in E. 10/20/17t33-11/17/1783]

On the said day, month, and year, I, the said judge, in order to

execute that which was ordered by me in the above auto, went to the

house of Don aranCeis]co RodrigCueJz, notified him in person, and made

known to him the said auto. Informed of its tenor and form, he said

that he would obey and would not sign until he was given the tran-

17script and because he was presenting two petitions before the

Most Illustrious Cavildo of this vil7_a. CThe money, he saidJ, would

be oaid as soon as Cthe cony] was offered This he ^ave as his reol. y,, . ., .

In addition he said that i.t had been ton days since the preNentata:nn

of his first petitx:on and two since the presentation of the second,

submitted to the said noble cC abi1.do7. He would not sign; as he had

said. I did so with the witnesses attending me as above stated. This

I attest.

aTos`c' Ygn3.s1.o de 2.s.: pE:nc.'^

C Rubric7


CRubricJ [Rubric]


CD.S., 16v-17 pp., in E. 10/20/1783-11/17/178;]

Thereupon, I, the said judge, in view of the reply given by Don

FranCcis3co RodrigCue7z and his refusal to tender CcourtJ costs as

ordered, state that I must command and do command that he be notified

under the same warnings promptly to tender Cthe costs7, without giving

cause for this court to take such measures as are appropriate to his

disobedience and insubordination. Upon verification of his compli-

ance, he will be given the copy he requests, when he has paid for it.

Thus I have provided, ordered, and affixed my signature, acting in :*V

17vso on this plain pa-own behalf with // attendant witnesses, doing

per, as there is none stamped. All this I attest.

Jose Ygnasio de la Pc:iiaCRubric7

>?

Jose ":ia:'cos de A"uils,r Ygnasio LuzeroCnubric:; CRubric7

attend wnt witness attendant witness

CD. S. , 17-17v pp. , in E. 10/20/1783-11./1,7/1.7a31

Im:aediately thereupon, I, the said judge, went to the house of

Don Fran[cis"jco RodrigCue]z, notified him, and made apparent to him

the aforeigoing a;<to. Well instructed on its tenor, he stated that he

h*ouid obey, but that he would not pay until his petition was answered

or returned to him. This he gave as his reply, and he did not sign; I

did so with the witnesses attending me, with whom I act as above stat-

ed. This I attest.®--

Jose Ygnasio de la PefiaCR ubri c D

Jose Marcos de AEuilarCRubric]

attendant witness

Ygnasio Luzero

CRubric3

attendant witness

CD.S., 17v p., in E. 10/20/1783-11/17/17837

Villa of SCa3n FernCand3o Ede : e'xar3 and Royal Presidio of SCa3n

AnttConi7o de Bexar, 17th of November, 1783

In view of Don FranCcisJco Rodri,-,Cuc3zI having tendered the costs

Cof the proceedings], he is to be given the transcript as he requested.

18Thus it has been decreed, con.'nanded, and signed by me, T)on Jose

YEnacio de ia ?ena, second-rc.nking alctald7e ordCinari3o, acting in my

own behalf with the witnesses attending me, with whom I act in the

E;0

abscance of a x:otary, as there is none, Cdoin^; so3 on this Cplain3

paper for lack of s:t.imkêd C^âper7. This I cervi.'y.

CJos' Ygnacio de la7 PeFuiCRubr i c 3

vsos^ IÎarcos de Agui1 ar JuC a7n Antonio Rorraero

CRubric7 CRubric7


18v// CBlank3 CD.S., 17v-18 pp., in E. 10/20/1783-11/17/178.33

20 ccross7 seilor ci7, don franzisco rodriecue3z, · seilor governor and commandant inspector:...

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