Will of Don Diego Vargas Zapata Lujan Ponce de Leon - 1704

In the name of God almighty know all who may see this last will and testament that I, General Don Diego de Vargas Zapata Lujan Ponce de Leon, Marquez de la Nava Brazinas, Governor and Captain General of thin Kingdom and Province of New Mexico. By His Majesty appointed, native of the imperial court of Madrid in the Kingdom of Castile, being sick in bed with the infirmity which God, Our Lord, has been pleased to place upon me, believing as I firmly and truly do in the mystery of the Holy Trinity, Father, Son and Holy Ghost, three distinct persons and only one true God, receiving as I do receive, as my intercessor the Holy Virgin Mary, mother of the divine and eternal Word, I confide my soul to a most clear career of salvation, interceding with her worthy Son for forgiveness of all my sins. I do make order and dispose and declare this to be my testament in the manner and form following;

Firstly: I commend my soul to God who created it with the price of His precious blood, and my body to the earth from which it was made.

And if His Divine Majesty shall be pleased to take me away from the present life, I desire and it is my will that a mass be said while the corpse is present in the church of this town of Bernalillo, and afterwards the same shall be taken to the Villa of Santa Fe and placed and suspended in my bed selected as a bier and in the same be taken to the church of said town of Santa Fe and buried in said church at the principal altar under the platform where the priest stands; this I ask as a favor. Said bier to be covered with honest woolen cloth and buried according to military rites and the title ceremonies and privileges of Castile, leading two horses covered with the same clothing and the bier.

I order that on the said day of my funeral there be distributed among the poor of said town fifty measures of corn and twelve head of cattle.

I declare, also, that since the eighth day of June of last year, 1703, when I left the City of Mexico, I have been indebted to the Royal Treasury of His Majesty for the salary for two years which was advanced to me, which at the rate of two thousand dollars per annum will amount to four thousand dollars, which the Most Excellent Duke of Albuquerque ordered his officers and judges of the Court of Mexico to deliver to me upon my giving a life security, and having given the same with the Captains Don Joseph de Villa Urritia, Knight of the Order of Alcantara, and the Major Don Pedro de Tagle, Knight of the Order of Alcantara, and also with Don Joseph Carrilllo Royal Minister of Finance.

 I leave and assign for the payment and satisfaction of the most of the account of which I may be indebted to His Majesty form the day that God Our Lord may be please to take me away said salary, and that the  aforementioned may not suffer or be compelled to pay any amount. I assign as a special pledge two young negro coachmen of known age, for whom I paid six hundred and sixty dollars, the excise tax having been paid by me and which is mentioned in the receipt in my possession, to which I refer; and my attorney will also deliver a white mulatto woman named Josefa de la Cruz, twenty-two years of age, the wife of Ygnacio, one of the two coachmen, who was the slave of Don Juan Cristobal de Palma y Mosa, councilman of the Royal Audience of Guadalajara, the contract showing her value.

In the same manner my attorney and executor, the same being my Lieutenant-General, Don  Juan Paez Hurtado, will remit or sell at the best obtainable prices the following silverware:

 Lot: Thirty small silver dishes, the fifth part taken, and twenty-four sealed with my coat-of-arms and weighing more than two marks.

Two large dishes which weigh twelve marks and ounces.

Six candle-sticks with my coat-of-arms, and two pairs of candle snuffers, which weigh forty-two marks, more or less.

Twelve silver porringers which weigh twelve ounces, sealed with my coat-of-arms, the one-fifth part taken.

One silver bowl, gilded with a siren, weighing sixteen and seventeen marks, more or less.

One small silver keg, with stopper and chain, the one-fifth part taken, weighing six marks.

One large plain tankard, weighing two marks and six ounces.

Six silver forks and their silver tea spoons, the fifth part taken and weighing twelve ounces.

Three silver table spoons, weighing about two ounces.

One large silver fountain, engraved, one-fifth part taken and weighing twenty-three marks.

Another small silver fountain, engraved with vine-leaves, the one fifth taken, weighing thirteen marks.

One silver deep bowl, for shaving purposes, the one-fifth taken and weighing twelve marks.

One silver waiter, weighing fourteen ounces.

One silver basin, with my coat-of-arms, the one fifth taken and weighing nine marks.

One pair of pearl earrings with eight fine emeralds, each one and its pendants worth five hundred dollars.

One finger ring, with a rose diamond, checkered and enameled in black and gold, worth one hundred dollars.

Another finger ring with two diamonds, enameled in black and gold, worth one hundred dollars.

Said silverware I leave to my testamentary executor to be sold to the person or persons of his approval, the returns to be remitted to the three said gentlemen, my said sureties in said court and City of Mexico, and in the same manner he shall pay the balance of the freight upon three boxes of gun-powder, whatever it may amount to, together with the cost of hides, ropes and covers, for which said amount I ask him to secure a receipt in full payment.

I also declare as my sons, although not my legitimate wife, Don Juan Manuel de Vargas, of the age of twenty-four years, and Don Alonso de Vargas, of the age of twenty-three years, and their sister Doña Maria Theresa, who is with her mother in the City of Mexico, of the age of nineteen years, who have been supported on my account and to whom I assign two thousand dollars in cash, which are in a small cedar box, and more to make up said amount there will be found in the silk warehouse, it being understood that said amount of two thousand dollars forty-five dollars, shall be divided among the three, the two brothers and sister, in equal parts.

In the same manner I leave to the said Don Juan and Don Alonso de Vargas, the two saddles which I have used; also two pairs of pistols, with the holsters; the banners of Anselm and Saint Michael, the Great, with the covers and cushions; two cloth suits which I have worn, one whitish and the other blue, with the gold buttons, covered with flesh color, and the whitish with its waist-coat and trousers of brown cloth, adorned with flounces of gold and silver: this I leave to my son, Don Juan Manuel, and the other to my said son, Don Alonso, together with a jacket of blue brocade and a pair of trousers of blue plush and enough cloth of silk grogram for another pair: and furthermore of the piece of camlet cloth which I have assigned, each one of my sons will make a new suit of cloth, a coat and two pairs of trousers, lined with the color of their selection of the listed cloth in the warehouse, with silk buttons, and the jackets liked with the same listed cloth; in the same manner I leave them six shirts, embroidered with the best of lace, three to each one; two jerkins with eaten-moth laces, one to each; and of the neckties which I have commonly used, I leave two to each one of my said sons; further, four pairs of stocking of genoba, two pairs to each, and I leave to my said son, Don Alonso, one pair of blue silk stockings, embroidered with gold, and the pair which are silver curled to my son, Don Juan; I leave them four pairs of bed sheets, two to each, with the embroidered pillow cases; I leave them four yards of fine linen, to each of my two said sons; to my said son Don Alonso I leave my two cloaks, one of fine native cloth, and the other of gold color, lined with serge; to my said son Don Juan, I leave the choice of the color of the cloak liked with serge; I also leave them three pairs of drawers, to each one, and one full piece of fine linen to be used by them for handkerchiefs; and I leave to them the selection, to be taken to their mother and sister, a dress pattern of fine camlet cloth, with the lining of the listed cloth which they may like the best, and a pattern of petticoats of scarlet cloth from England, with the silk and trimmings; one silk mantle with fringe, for each one; furthermore, I leave them the two trunks which I have; and to my said son Don Alonso, I leave my fine sword hilt, and to my said son Don Juan, I leave my small sword; and each one to have a leather jacket, the one I have used and another from the warehouse; in the same manner to take to the General at Parral one leather jacket of blue color and the stocking and gloves which I ordered to be made; I also leave to them my leather case, large elbow chair and eight ready mules, selected to the satisfaction of my slave, the negro Andres, who, for having rendered me good service with his great love and good will over since the year ninety-one, by this clause, I give him liberty, with the understanding that he shall take my said sons to the City of Mexico and remain with them such time as he may see fit. And to whom will be given and provided a saddle and two mules to his satisfaction, with a gun, cover, cushions, bridle, reins and saddle-bag, hat, jacket and a pair of trousers of cloth, and, in the same manner will be given to my said sons one hundred sounds of chocolate and sugar and twelve measures of wheat-made dried bread, stockings, shoes, soap and hats for the said journey, which they will make two months after my death, or with the manager who may take this notice of my death and in their company will go Don Antonio Maldonado Zapata, to whom I give four mules for pack animals and two saddle mules, fifty pounds of chocolate and fifty of sugar, four measures of wheat, six pairs of shoes, six bundles of tobacco, six dollars’ worth of soap and two hats in order that he may accompany my two sons.

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.