Tuesday, November 4, 2014

Francisco Montes Vigil ~ Land Grant 1754

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1053, Reel 5, Frame 1287-1289.
©Patricia Sanchez Rau

Public Survey Office
Dates: 1754
Subject:  Francisco Montes Vigil Grant
Proceedings in the grant made to Vigil by Governor Thomas Velez Cachupin; executed by Juan Jose Lovato, Alcalde of Santa Cruz.
Note:  This translation copied from that found in the Vigil Grant Case, R128, the original Spanish document is badly torn.


---(torn) --- 1754 ---(torn) of a ---(torn) –made --- (torn) –co Montes – (torn) – at the place --- (torn) – river of the Tru--- (torn)

His Excellency the Governor and Captain General
I, Francisco Montes Begil, resident of La Villa Nueva de Santa Cruz, appear before your Excellency in due legal form and state, that having a small lot of mares, cows, horses and a few mules, and not making any progress, but rather suffering great diminution and losses for the want of a tract of land on which to place them, I register as uncultivated, unsettled and royal domain,  a tract (sitio) on the Truchas River, whose boundaries are on the east; the Cienega grande (Big meadow); on the west; the main road leading towards Picuris, on the north, the Cuchilla de Ojo Sarco (Ojo Sarco ridge) and on the south, the Truchas River, to the end that your Excellency being very gracious be pleased to make and grand for said tract in the name of his Majesty, whom God preserve, and that possession be given in his royal name.  Therefore I ask and pray your Excellency to be pleased to do and determine as I have requested, whereby I will receive grace.
p. 2
City of Santa Fe, April 27, 1754.  In view of what this party asks, the Chief Alcalde of la Cañada and its jurisdiction will report to me concerning the land and places he refers to, stating whether or not they are royal domain, and the distance the boundaries stated embrace in their respective directions, whether or not it will be prejudicial to the new settlement of Nuestra Señora del Rosario, San Fernando y Santiago, so as in view of all to determine what shall be property.
And, thus I, Tomas Velez Cachupin, Governor and Captain General of this province of New Mexico have decreed and commanded.

Veles (Rubric)
His Excellency, Tomas Velez Cachupin, Governor & Captain General

Attentive to the preceding decree of your Excellency upon the petition which Francisco Montes Vigil presents, I report that your Excellency, may, being very gracious, make to him the grant he asks, as it is known to me that within the limits he asks, it does not prejudice either the new settlement of Nuestra Señora del Rosario, San Fernando y Santiago or that of Santo Tomas del Rio de las Trampas, as the boundaries that this party applies for in four directions are without prejudice to any third party having a better right and within which boundaries there are found only a few small pieces of land that the petitioner can cultivate for the support of his herders; there are remaining, as there does remain, to the south of said new settlement, another piece of royal domain, to the south of the said new settlement, another piece of royal domain on which another party may be accommodated, in regard to all of which your Excellency will set as he always does, for the best. 
Soledad, April 29, 1754
His best servant kisses the hand of your Excellency
Juan Jose Lovato

p. 3
At the city of Santa Fe, on the sixteenth day of the month of may, one thousand seven hundred fifty-four, I, Tomas Veles Cachupin, Governor of this kingdom of New Mexico, having examined the report of Juan Jose Lovato, Chief Alcalde of the villa of la Cañada, and notwithstanding the boundaries which are set forth in the petition do not prejudice the other surrounding citizens and new settlements, their distances not stated in the said report for they may be excessive and do not conform with the laws and to the capacity of the party who petitions and prejudicial to the spread of citizens of the villa and jurisdiction of la Cañada and to their being able to place and pasture their livestock upon the public land, as that town has no serviceable grazing grounds, do commission the Chief Alcalde, said Juan Jose Lovato to measure from the center where the house of the tract has to be established, in each direction twenty-five (25) cordeles of 100 varas, and as many more in square, including within these measurements the planting lands mentioned and marking on these measurements the respective landmarks at the end of the 25 cordeles on each of the four principal corners and at the corners of the square; he will place in possession of said measurements and tract, Francisco Montes Vigil, to whom, in the name of his Majesty, whom God preserve, I do make grant of the said royal tract for himself, his children and heirs, under the qualification and condition which the royal laws prescribed, and the said Chief Alcalde first notifying all the surrounding settlers.  And when the said possession shall have been given in legal form, a testimony being made, which he will deliver to the party to serve him as formal title, the said Chief Alcalde will return the originals to this Government within the term of eight days counted from that on which he will execute the possession.
And thus, I provided, commanded and signed, acting with the witnesses of my attendance for want of a public and royal notary there being none in this kingdom.
                                                            Tomas Velez Cachupin
Torribio Ortiz
Tomas de Alvear y Callado

At this place, San Francisco Javier del Paraje de la Cienega Grande, I Juan Jose Lovato, Chief Alcalde of the Villa of la Cañada and its districts, under the preceding commission from his Excellency, Tomas Velez Cachupin, Governor and Captain General of this kingdom, having measured this tract on three courses, north, west, sought at the rate of 25 cordeles of 100 varas on each course as it could not be squared on that of the east, the tract being in the form of a triangle, the tracts of the settlers of the place of Santo Tomas on the north and of Nuestra Señora del Rosario, San Fernando y Santiago on the south, restricting it, I added to it, inside towards the mountain twenty cordeles which it lacked, of which tract I placed Francisco Montes Vigil in royal and personal possession, the ceremonies preceding of plucking up grass, casting stones and shouting “Long live the King,” there being present and as witnesses and as summoned, adjoining neighbors Juan de Arguello and Melchor Rodriguez, citizens of the place of Santo Tomas, and Salvador Espinosa and Juan de Dios Romero, citizens of the new settlement of Nuestra Señora del Rosario and other citizens of both districts who declared with one voice that they do not receive any damage from this grant, and there remaining to him a ___(torn)___ tract the site of the house and fields, it has towards the south on either side of ___(torn)___ towards the west five hundred varas and upwards the remainder of the 25 cordeles and for great clearness the boundaries are two landmarks on the north; on the west, another two; on the south, the Truchas River and on the east, the end of the Cienega grande.  And that it may so appear, I signed this with two attending witnesses for want of a royal and public notary, and this is done at the place aforesaid, on the 20 day of May, one thousand seven hundred and fifty four, to all of which I certify. 

Juan Jose Lovato
Jues Receptor

Witness:  Antonio Jose Lovato
Witness:  Pedro Antonio Marin

Note:  A testimony was furnished (J.J. Lovato’s rubric)
Surveyor General’s Office
Santa Fe, New Mexico
May 5, 1862

The foregoing is a correct translation, made by me, from the original in Spanish which is on file in this office in Private Claims, file No. 189 in the name of Francisco Montes Vigil. 
David I Miller, Translator.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1053, Reel 5, Frame 1287-1289.
©Patricia Sanchez Rau

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