I, Maria de Leyba y Mendoza, come before you and I say, that
if she is married and did not have the consent of her superior, which it is
evident, she did have; and besides this as her superior because she admits that
she had used the articles and when they were before his very eyes he did not
ask where they came from? And if he did not know that they came from the
contract, why did he not immediately say that it was not his wish to sell the
lands? Instead it was allowed to take
its course and now they have recognized that what I ask is just. In addition, don Tomas, her father, is not a
minor, nor has he any superior. For this
I ask the document be executed in my favor.
With regards to having appealed to me for an agreement, why
does she not answer the point that I made in my statement, that her father
ill-treated me? There is no need to go
to the wives with fine-sounding phrases to ask them how much was owed by their
husbands, and in case they should answer, whatever they say will be referred to
what is stated in the promissory notes or deeds that the man names, because it
is well prove that women do not fully know about the trades made by their husbands
but the husbands do know everything that goes on inside their homes.
In regards to the fact that I deny the debt, I have fully
explained myself in this document. In a
conversation with Domingo Martin, I did not say that it was 50 but 40, outside
of which as I have said, I do not know whether they had another agreement with
my husband – why did they not get assurance in writing? … Maria de Leyba
On March 15, 1706, I order that don Tomas de Erera come
before me. Asked if it was true he had
executed the deed of sale for a tract of land which head sold to Diego Xiron,
he said it was true that he had executed and signed it; likewise if it is true
that his daughter Theresa de Herrera y Sandobal gave him her consent to said
sale with the consent of her husband, Diego Martin, he said that it is true
that his said daughter gave him her consent with would be the consent of her husband. He does not know anything else and signed it,
Tomas de Erera y Sandobal, Francisco de Ribera, Juan de Atienza and Roque
Madrid as receiving judge.
Immediately thereafter, I asked Diego Martin to appear and
under oath asked if it was true that the contract for the land that Tomas de
Erera had sold to Diego Xiron was executed at his house; he said that it was
true that when the said Diego Xiron had gone to purchase the tract from his
wife, he was there before him and he likewise said that he did not want to
execute the deed because he did not want his wife or his father-in-law to say
at any time that he was to blame but that he did not hinder his wife nor her
father in selling it. He also agreed
that he had seen the articles given in the contract at his house. When asked about the balance still owed, and
when and where it was to be paid; he said that it is a fact that 40 pesos was
the balance owed on the debt by Diego Xiron. That he was obligated to pay the
40 pesos this coming April and that he had said that if he did not come he
would remit the amount. That he does not
know anything else, and not knowing how to sign, Diego Martin by Juan de
Atienza, wit/ Francisco de Ribera and Juan de Atienza.
I, Roque Madrid, remit the papers to the Governor so that he
may examine them and determine whatever he deems advisable. The proceedings consist of eight leaves. Signed Roque Madrid, Juan Median de Ortis,
Francisco de Ribera.
©Henrietta M. Christmas
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