Francisco Martin - Grant at Chimayo 1703

Francisco Martin, March 27, 1716

Grant and instruments in which are shown perfect and complete title to lands of Francisco Martin (Juana Garcia de los Reyes) of Chimayo jurisdiction of the villa of Santa Cruz, by Governor Juan Paez Hurtado, by order of the Captain General don Felix Martinez.

Francisco Martin a resident of La Canada, in the best form possible according to the law, appear before you; that I record and apply for a piece of uncultivated and wild land, that it will never cover more than two fanegas of corn to be planted; that on the west is bound by lands of Felipe Moraga, near a barren hill, which looks toward the southern part where there is an arroyo and another piece between two arroyos and both look towards the south; they are lands covered mostly with cactus and prickly pear trees, without ditches which never were constructed.

I’ve been obliged to construct acequias at my own expense, and I hope to receive the from Your Excellency the grant.  I swear before God and make the sign of the cross, that this, my petition is not made with malice.  And this petition is written in common paper.  Signed Francisco Martin, rubric

At the villa of Santa Fe on March 27, 1703, before the Captain General, the petition was presented.  He would grant and did grant land sufficient to plant a fanega of corn, with the understanding that is to be without damages to himself and his heirs, this serving as title in force.  I order in the name of His Majesty and grant the lands, the lands shall be common pastures, which lands shall be given possession by the Alcalde Mayor of that jurisdiction.  Signed Pedro Rodriguez Cubero (rubric)

Before me and at this place of Chimayo, on April 11, 1703, I, the Lt. Alcalde Mayor, Matias Madrid, and appearing Francisco Martin, mentioned in this grant, asking to be granted what has been written in the forbidding act.  I immediately went and examined the place where the applicant asks, on the north is a dry arroyo deep and narrow, an on accounts of the ditch, Your Excellency will give in part more, and on it front the public road, wide and passable and actually used coming from Picuris, and on the west, two little hills, which is the principal landmark drawn to the public road and on the east the barren hill which in on the banks of the public road, on the left side as one goes up to the mountain, where there is another dry arroyo.  Signed Felipe Arratia, Sgt. Ambrosio Fresquis, Matias Madrid, rubric; Alonso Barela, rubric; Joseph W. Gilthomey, rubric.

In 1714, Cristobal Martin (son of Cristobal Martin and Antonia Moraga) is fighting for an almud of lands that were supposedly sold to him by Felipe Moraga (brother-in-law of Cristobal Martin), but he could not find the papers.  The Alcalde denied his claim that Francisco Martin was the one who purchased said land and was entitled to using them.  Signed Juan Paes Hurtado, Roque Madrid, Jose Manuel Gilthomey, Matias Madrid, Sebastian Martin, Salvador Martines.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 501, Reel 3, Frame 684-693.

©Henrietta M. Christmas