Wednesday, August 27, 2014

Don Diego de Vargas's Will Part II ~ 1704

To my secretary of government and war, also, for the love I bear him, I make him the gift of what he may owe me, and more, I leave him cloth of England enough for a suit of four yards, with its listed linings and buttons, so, that with due care and legality he may assist my said lieutenant-general, by these presents appointed my testamentary executor.

To the accounts which I have with the soldiers, corporals and officers of war of this garrison, paid in full their year in advance, and to the others, owing small sums, to pay them in full to their satisfaction upon the settlement of their accounts.

There shall also be made an inventory of all of my property, assigning first to my said Lieutenant-general and compadre, Don Juan Paez Hurtado, the testamentary executor and administrator, my black hat embellished with blue and white feathers and my silver-laced cloak line with blue plush, and a new jerkin with grogram and silk lace and my gold case.

To my said sons I leave my mourning suit and to the said Don Antonio Maldonado Zapata, in consideration of relationship and friendship, I leave to him all that he may owe me on account of salary and furthermore. I give him a pair of stockings of yellow color, embroidered with silver, and one pair of socks.

Out of the inventory of my property when made, there will be paid the parochial fee for the nine masses over the corpse, to the Rev. Fr. Guardian, giving one hundred candles for the bier and fifty for the altars and those Religious present; I believe there is chocolate of my liking in two baskets amounting to about two hundred and twenty-five pounds, and the balance in what he may ask to be paid in goods which may be left.

Relative to the great quantities of supplies with which I have been supplied by the government and appear to have come into the Villa of Santa Fe during the last year1703. I submit the bill of exchange which I have drawn in favor of said persons. To Don Francisco Diaz Tagle, resident of the City of Mexico, I may be indebted as to that which may not have been paid on the salary of one hundred soldiers of the garrison of the Villa of Santa Fe, and their year paid in advance began on the 16th day of December of last year1703, and will end in the present year, 1704. And for the payment of said balance I assign to said chief officer the goods of said inventory and also 550 head of cattle. Furnishing the said soldiers as usual from said stock and grain which are in my warehouse and in the house of Captain Diego Arias. The portion which appears in the book of accounts, and at La Cañada in possession of Sylvestre Pacheco, and from the one as well as from the others said soldiers shall be supplied all of which will be administered by my lieutenant promptly, the soldiers making to him their obligation to pay out of their salaries, and the new Governor who shall make the payment for said soldiers out of their salaries in the first payment to be made in the present year 1704, in order that the said soldiers may not be in need of the necessary support in their aid to the Royal service. For which and in compliance with which the said soldiers shall give to my said lieutenant the notes required by him for what may be given to them and also giving to them thirty head of cattle each month at the pleasure of my said lieutenant.

 In the same manner I declare that I am indebted in the City of Mexico to the Captain Don Juan de Bazoco in the sum 2,189 pesos, payable at the end of the month of May of the present year. Furthermore, I am indebted to the Count of Fresno de la Fuente as evidenced by a note of seven hundred and some odd dollars. For the amount of my account which his predecessor, Don Mathias de Lunaris did not collect, and for the payment of which I ask the Captain Don Antonio de Valverde to pay the same on account of what he owes me and to remit a bill of exchange to my said testamentary executor to be by him enclosed with notice of my death to the said Count de Fresno de la Fuente.

In the same manner will Don Antonio de Valverde pay to the Captain Don Francisco Sanches de Tagle the balance due on account of three boxes of gun-powder which was gotten on my account in Mexico from the general contractor and the lead which I gave no ammunition for the journey, which he will pay at the rate of one dollar and a half for gun-powder and lead.

In the same manner said Captain Antonio Valverde will pay in from convenient for himself and when agreeable. The different accounts furnished to the soldiers of his garrison and also for one box of soap which, at his request, I furnished him at said garrison at Paso del Norte.

I leave in full force and effect the testament made by me on the first day of June of last year, 1703, in the City of Mexico, before Don Juan Valdes, Notary Public for His Majesty, in which I declared and as to this I regent and declare as the successor of my first born son as Marquez de la Naba Brasinas my oldest grand-son as therein stated.

I do appoint in my place my Lieutenant general, that as soon as I may die he may govern this kingdom, the political as well as the military, who shall give immediate notice to the Viceroy, the Duke of Albuquerque. And in the same manner, for the discharge of this my testament and its contents, I appoint my said Lieutenant, Juan Paez Hurtado, my testamentary executor and the keeper of my goods. And after the discharging of the provisions of my will, having paid and satisfied all as in the same stated, it is my will that the remainder be remitter to my said administrators Don Miguel de Ubilla and Don Diego Suazo y Cojales, and this I sign. While on the campaign, in the town of Bernalillo, with the Captain Alonzo Rael de Aguilar, my secretary of government and war, and I, the said secretary say that in my presence it was made by the Marquez de la Naba Brazinas, present governor and captain general of this Kingdom, and I do certify and know that His Excellency is in his entire judgment and natural understanding which God Our Lord had been pleased to give him, and while His Excellency is in the field, and there not being any royal or public notary in this Kingdom and much less there acknowledge this testament, for said reason. It was being in this place an Alcalde who could acknowledge me, the said secretary of government to give it full faith according to law; His Excellency signing it before me said secretary of government and war and signing me as witnesses Lieutenant Juan De Urribarri. Don Antonio Maldonado, Adjutant, and the Captain Feliz Martinez, who were present and duly signed as stated. Made in the Town of Bernalillo on the seventh day of the month of April, in the year 1704, and written upon ordinary plain paper as there is none which is sealed at this place. Holding of no value persons and seventy head of cattle.

And in the same manner I desire and it is my will that, whereas, I have furnished the Captain Don Feliz Martinez what my account books show, that my said administrator do not collect anything from him for I give it to him for the great service and love which he has rendered me, and this clause shall be complied with as all the others, and I sign it before said secretary and witnesses on said day, month and year.

Moreover, I declare that I have another mulatto slave by the name of Jose de la Cruz, whom also, on account of the time he has served me, lovingly and willingly, I do give him his liberty, with the understanding that he will serve my said sons Don Juan and Don Alonzo de Vargas five years, and at the end of which time he will be at liberty. As appears by this clause and the declaration made before a notary by my said sons that said Jose de la Cruz has served the five years. I sign it with said secretary of government and war and the witnesses.

The Marques de la Naba de Brazinas (rubric)
Witnesses: Juan de Ulibarri (rubric)
            Antonio Machario Maldonado Zapata (rubric)
            Felix Martinez (rubric)
Before me:
Alfonso Rael de Aguilar (rubric) Secretary Of Government And War.

 On said day, month and year, I, the said Governor and Captain general, Marquez de la Naba Brazinas, do say; that notwithstanding the long time since I came from New Spain, I have ordered a great number of masses to be said for the repose of my soul. And not withstanding this testament is closed, I desire and it is my will to have five hundred masses, two hundred applied to the Holy Virgin of Remedies, my protector, for the benefit of my soul, and three hundred for the souls of the poor who died in the conquest of this kingdom and may have died up to the present day, for which I order my testamentary executor to pay the necessary fees out of my property, requiring a receipt for the payment of ease, and being oppressed with the sickness which his Divine Majesty has been pleased to afflict me. Although in my entire judgment and understanding, and not being able to sign this clause it is done for me by the Lieutenant Juan de Uribarri, there being present my secretary of government and war, whom I ask to certify, and I the said secretary, being present, do say that the said Marques is in his complete judgment and understanding and declares this clause and order for masses. And I sign it with said Lieutenant Don Juan de Uribarri. The witnesses being the Captain Don Fernando Duran y Chaves, Thomas Olguin and Don Bernardo Duran y Chaves, all present.

 By request of The Marques de la Naba de Brazinas (rubric)
Juan de Uribarri (rubric)

Fernando Duran y Chaves (rubric); Bernardo de Chaves (rubric); Before me:  Alfonso Rael de Aguilar (rubric), Secretary Of Government And War.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1027, Reel 5, Frames 1150-1191.  This is a copy of Twitchell's Translations of the Spanish Archives of New Mexico.

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