Saturday, May 3, 2014

Heirs of Alfonso Rael de Aguilar and the Cerrillos Grant ~ 1750

The heirs of Sergeant Major, don Alfonso Rael de Aguilar who are:  Eusebio Real de Aguilar, Juan Rael de Aguilar, Antonia Teresa Rael de Aguilar, Francisca Real de Aguilar, and the children of the deceased, Alfonso Rael de Aguilar and the children of Feliciana Rael de Aguilar, now deceased and all in their own name, the four brothers and sisters who are living do say:

That at the death of our deceased father, there was left to us a grant of land, which had through a grant with the honorable Marquez don Diego de Bargas, who was the Governor of the Kingdom, gave him our deceased father on of the conquistadores, who were in this kingdom at the time of the conquest.   The grant which is at the place of Los Cerrillos, with its pastures, waters, woods and watering places, just as the deceased our father, had settled them as part of the kingdom, but because of the rebellion the year of ’96, our father withdrew at the order of the Governor from the said Cerrillos, where he had lived four years, built houses as it is evident to his very day, because its ruins remain; and it is an obvious fact that he did not leave us any other piece of lands, besides the said Cerrillos, and in the past years, they have come to be the pastures of the royal horse herd of the presidio. 

We are the legitimate children of don Alfonso Real de Aguilar, one of his conquerors, and that Juan Rael de Aguilar, one of his heirs, now finds himself in this villa and he has his family in Chihuahua, because he does not have a piece of land in this kingdom.  He is ready to bring his family to this kingdom.  We request that you be well pleased to grant us this that we have asked.  Signed Juan Rael de Aguilar, rubric, wit/ Phelipe Tafoya, rubric.

At Santa Fe on April 25, 1750.  Presented the following grant:

I, the ensign, don Alphonso Rael de Aguilar, soldier and Secretary of Government and War of this Kingdom; do ask for a tract of land, which is 4-5 leagues from Santa Fe, which they call Los Cerrillos.  That the grant me made as I am a poor man, married and with some children and I hope that your Excellency will grant me that which I have asked. 

Alphonso Rael de Aguilar in this presidio of Santa Fe on September 18, 1692, before me, Don Diego de Vargas Zapata Luxan Ponse de Leon, Governor and Captain General, in consideration of his services and loyalty with which he has served and the love of his Majesty, I give him a grant of the lands with their pastures, waters, woods and watering places, uses and customs so that he may enjoy it for himself and his heirs at his pleasure.  And in order for it to be valid we have two witnesses who signed, Sargento Mayor, don Fernando de Chavez and the Captain, Antonio Jorge.  Also signing Roque Madrid, Juan de Dios Lucero de Godoy.   Signed Juan Paez Hurtado, rubric.

On April 27, 1750, the petition of these parties having been seen and the instrument of the grant.  I don Thomas Velez Cachupin, Governor and Captain General of this kingdom, in consideration, is evident that neither the possession nor the settlement of the place of Los Cerrillos is evident, nor the authority for don Juan Paez Hurtado to give an instrument of the grant, that these localities be settled nor possessed by any residents, because they are commons for pastures and sustenance of the very large herd of horses of this presidio. And the nearest place to it for the shortest expedition that occurs in the royal service and defense of these dominions.   I the Governor, say that it is not possible to permit that which these parties request. Signed, etc…

References:  Spanish Archives of New Mexico, Series I, Twitchell #769, Reel 4, Frames 1062-1074.
©Henrietta M. Christmas

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