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 ^/.^ 
 
 HISTORICAL SOCIETY 
 
 OF 
 
 NEW MEXICO 
 
 No. 22 . 
 
 Spanish Colonization in 
 New Mexico 
 
 In The Onate and De Vargas Periods 
 
 Read before the Society at its 
 August, 1919, Meeting 
 
 BY 
 
 RALPH E. TWITCHELL 
 
 Vice-President Historical Society 
 of New Mexico 
 
HISTORICAL SOCIETY 
 
 OF 
 
 NEW MEXICO 
 
 No. 22 
 
 Spanish Colonization in 
 New Mexico 
 
 In The Onate and De Vargas Periods 
 
 Read before the Society at its 
 August, 1919, Meeting 
 
 - 
 
 RALPH EffTWITCHELL 
 
 Vice-President Historical Society 
 of New Mexico 
 
T7ff 
 
 PUBLICATIONS OF THE SOCIETY 
 
 No. 1.— 1881— Inaugural Address of Hon. W. G. Ritch. 20 pp. 
 
 No. 2.— 1882— ' ' Kin and Clan, ' ' by Adolpli F. Bandelier. 8 pp. 
 
 No. 3.— 1896— "The Stone Idols of New Mexico." (Illus- 
 trated) 17 pp. 
 
 No. 4.— 1903— "The Stone Lions of Cochiti," by Hon. L. 
 Bradford Prince. 
 
 No. 5. — 1904 — Bi-ennial Report; English. 13 pp. 
 
 No. Q. — 1904 — Bi-ennial Report ; Spanish. 13 pp. 
 
 No. 7.— 1906— "The Franciscan Martyrs of 1680." 28 pp. 
 
 No. 8.— 1906— )The Defeat of the Comanches in 1716. By Hon. 
 Amado Chaves. 9 pp. 
 
 No. 9. — 1907— Bi-ennial Report. 
 
 No. 10. — 1907 — Journal of New Mexico Convention of Septem- 
 ber, 1849. 22 pp. 
 
 No. 11.— 1908— The California Column. (Illustrated) By Capt. 
 George H. Pettis. 45 pp. 
 
 No. 12. — 1908 — Carson's Fight with the Comanches at Adobe 
 Walls. By Capt. George H. Pettis. 35 pp. 
 
 No. 13.— 1909— Bi-ennial Report. 13 pp. 
 
 No. 14.— 1909— The Palace, Santa Fe, N. M. (8 pp. Edition, 
 2,500). 
 
 No. 15.— 1910— Catalogue of Books in the Library of the So- 
 ciety, relating to New Mexico and the 
 Southwest (English.) 49 pp. 
 
 No. 16. — 1911 — ",The Spanish Language in New Mexico and 
 Southern Colorado," by Aurelio M. Espi- 
 nosa, ph. D. 37 pp. 
 
 No. 17.— 1912— Official Report, 1909 to 1911. 
 
 No. 18.— 1913— Official Report, 1912. 
 
 No. 19.— 1914— Official Report, 1912 and 1913. 
 
 No. 20.— 1917— Historical Sketch of Governor William Carr 
 Lane, by Ralph E. Twitchell, pp. 62. 
 Portrait. 
 
 No. 21. — 1918 — Col. Juan Bautista de Anza. Diary of Expedi- 
 tion to the Moguls and biographical 
 sketch. Illustrated, pp. 99. Ralph E. 
 iTwitchell. 
 
 V 
 
 Qffg 
 
Spanish Colonization in New Mexico in 
 the Ofiate and De Vargas Periods 
 
 The Spanish Crown, in its administration of colonial affairs, 
 during the sixteenth and seventeenth centuries, particularly in its 
 control of colonization and settlement in the Nevv^ World, occupied 
 a position far in advance of other European monarchies interested 
 in the discoveries on the North American continent. 
 
 Geographical conditions and customs local to the conquered peo- 
 ples in the vast newly acquired Spanish dominion required a modi- 
 fication of Castilian law as it existed in pre-Columbian times in its 
 application to the New World. The general Castilian system, how- 
 ever, was adhered to, and, in the progress of events, when modifica- 
 tions were required, the situation was easily met by royal decree. 
 
 Taking into consideration the hurried responsibilities which the 
 Spanish "Discoverers and Pacificators" heaped upon the Crown in 
 the first century after the conquest of Mexico, owing to the constant 
 additions to the royal domain, coupled with the multitude of hetero- 
 geneous peoples which passed under the Spanish yoke, the inaugura- 
 tion and administration of Spanish systems in the newly discovered 
 and pacified countries was a most marvelous performance. 
 
 The student of Spanish colonial lawi, whether lawyer or layman, 
 cannot fail to recognize the finished character of the system, as ap- 
 plied to the American colonies. 
 
 In treating this subject necessarily attention is called only to 
 those royal decrees and ordinances which were in force in the es- 
 tablishment of ciudades, villas, lugares and aldeas, the two last men- 
 tioned being the lowest classes of what may be called municipalities, 
 not, however, in the English or American interpretation of the term. 
 
 The personal initiative, whim or caprice of the Anglo-American 
 pioneer, the so-called pathfinder and frontiersman of the Boone and 
 Fremont types, found no place or meritorious recognition in Spanish 
 colonial law. In truth, the Anglo-American methods of frontier oc- 
 cupation and settlement, contemporaneous with those effected by the 
 Spanish colonist, were in direct contravention of Spanish law. Author- 
 
 * See Local Government in the Spanish Colonies. O. Garfield Jones, 
 S. W. Hist. Quai'terly, Vol. XIX, No. 1, p. 65, where this subject is elabo- 
 rately discussed. 
 
 1. Recopilacion de Lcyes de Los Reynos de Las Indias, Por Antonio 
 Balhas, Afio de 1756, Seg-unda Edicion, Madrid. In the library of Thomas 
 B. Catron, Santa Fe, New Mexico. All citations herein are made from this 
 edition, translated by the writer. 
 
4 SPANISH COLONIZATION IN NEW MEXICO 
 
 ity from the governing powers was the initial step, and the slightest 
 infraction of the rules and regulations imposed invariably resulted in 
 prosecutions, and, in almost all cases, the punishment inflicted was 
 condign and in serious infractions very severe. 2 
 
 The Spanish system was not of immediate growth made neces- 
 sary on account of the New World conquests. It was merely en- 
 larged in order to meet the tremendous requirements which followed 
 the acquisition of almost immeasurable empire. The Spanish type 
 of municipality or pueblo undoubtedly had its origin in the muni- 
 cipium of the Romans. 2 In the beginning, it is well to understand 
 the meaning of the words municipalidad and pueblo,* as the same 
 were interpreted under Spanish law. The American conception of a 
 municipality is that of a distinct political entity situate within an- 
 other political sub-division or divisions. Not so, however, in the Span- 
 ish sense or meaning, for with them the municipalidad or pueblo was 
 the local unit of geogi-aphical area and its government. 
 
 In Onate's time, two methods of colonization were provided for 
 by law. One had reference to a poblador principal, who received a 
 grant of four square leagues (quatro leguas de termino y territorio en 
 quadro) under certain conditions. s 
 
 The other form of colonization provided that any group of persons 
 could receive a grant of land of four square leagues provided they 
 founded a town which should be located at least five leagues from 
 
 2. Ibid. Lib. iii, Titulo iv, Ley Priniera. "Mandamos, que ning-una per- 
 sona de qualquier estado y condicion que sea, haga entradas, ni rancherias 
 en ning-una Isia, Provincia, ni parte de las Indies, sin expressa licencia 
 
 Nuestra, auncque la tenga de los Gobernadores, pena de muerte, y de per- 
 dimiento de todas sus bienes para Nuestra Caniara y Fisco. Y ordenamos 
 a los Vierreys Audiencias y Justicias, que prohiben y defiendan, que nin- 
 g-un Espanol, ni oti-a persona alguna las haga, debaxo de las mismas 
 penas, las quales execviten en las personas y bienes de los que contra- 
 yinieren." 
 
 3. This was a privileged class of towns whose citizens had the Jus 
 Latil, including many of the private rights of Roman citizenship. Generally 
 speaking, and in later years of Roman sovereignty, the word became de- 
 scriptive of anv town in the empire. 
 
 4. To illustrate: The City of Santa Fe is a distinct political entity, lo- 
 cated in the County of Santa Fe, the county having an entirely different 
 government from that of the city. The city is within but not under the 
 county government; but were the limits of the city co-extensive with those 
 of the county — ^as has been accomplished in many instances in the United 
 States where the phenomenal growth of cities has made such action ad- 
 visable — notably the city and county of St. Louis, the city and county of 
 Denver, and the city and county of New York, creating what is popularly 
 known as a "Greater" St. Louis. Denver or New York, as the case may 
 be, then a municipality is created identical with the municipalidad of the 
 Spaniard. „ „ ,. 
 
 5. Recopilacion, Tomo II, Libro iv, Titulo v. Ley vi. D. Felipe Segundo, 
 Ord. 8S y 89. "Si la disposicion de la tierra diere lugar para poblar alguna 
 villa de" Bspanoles, con conselo de Alcaldes Ordinaries, y Regidores, y 
 huviere persona que tome assiento para poblara, se haga la capitulacion 
 con estas calidades: Que dentro del termino, que le fuera senalado, por lo 
 menos tenga trienta vecinos. y cada nno de ellos una casa. diez bacas de 
 vientre, quatro bueyes, o dos bueyes, y dos novillos. una yegua de vientre, 
 una puerca de vientre, veinte ovejas de vientre de Castilla, y seis gallinas, 
 y un gallo; asi misrno nombrara un Clerigo, que administre los Santos 
 Sacramentos, que la primera vez sera a su eleccion, y las demas conforme 
 a Nuestro Patronazgo: y proveera la Iglesia de ornamentos, y cosas neces- 
 sarias al Culto Divino, y para fianzas, que lo complira dentro del dicho 
 tiempo: y si no lo cumpliere. pierda la que huviere edificado, labrado y 
 grangeado, que aplicamos a Nuestro Real Patrimonio, y mas incurra en 
 pena de mil pesos de oro para Nuestra Camara; y si cumpliere su obliga- 
 
IN THE SEVENTEENTH CENTURY 5 
 
 any other town, with other limitations. g One of the conditions was 
 that there should be at least ten married men. 
 
 Under either of these laws it was necessary to give a description^ 
 of the persons and property of the colonists to the escribano of the 
 town which they were leaving, and the duly elected officials of the 
 new town were required to make out a list of the property needed 
 for use therein belonging to each colonist and remaining in his pos- 
 session prior to departure for the new settlement. s 
 
 Onate, however, was to colonize and take possession of a kingdom 
 and provinces of unknown extent, but all the laws of the time appli- 
 cable to the founding of settlements with villas or other lugares or 
 aldeas also attached and were in force in the carrying out of his 
 capitulacion (agreement) with the viceroy, o which had been approved 
 by the Crownio and the Audiencia.n 
 
 The laws which were in force relative to the founding of new 
 cities and towns, and which must have been obeyed strictly by Oiiate 
 when he determined to found the Villa of Santa Fe, were compre- 
 hensive in the extreme and in great detail covered all necessary steps 
 in the enterprise. 
 
 If the site chosen for a city or town was inland, it was required 
 that it be "upon unoccupied areasi2 and available for royal use with- 
 out injury to the Indians and natives, or with their voluntary con- 
 sent; and when the plan of the town was formulated, its plazas de- 
 termined upon, it was necessary that the streets and town lots be 
 laid out with proper and regular lines, extending therefrom to the 
 gates and principal highways, leaving sufficient space open so that 
 no matter how much the settlement might increase, it would al- 
 ways be possible to expand and enlarge along the same lines; having 
 v/atcr close by which may be conducted to the pueblo and the tillable 
 lands, directing the same, if possible, for its better use, and for the 
 
 cion se le den quatro leguas de termino y territorio en quadro o prolonga- 
 do segun la caiidad de la tierra. de forma que si es deslindare, sean las 
 quatro leguas en quadro, con caiidad de que por lo menos disten los limites 
 del dlcho territorio cinco leguas de qualquiera Ciudad. Villa o Lugar de 
 Espaiioles, que antes estuviere poblado, y no haga perjuicio a ningun Pueblo 
 de Indios, ni de persona particular." 
 
 6. Recopilacion, Tomo II Lib. iv, Tit. v. Ley 10 y Ley 6. Ord. 101. 
 "Quando algunas personas particulares se concordaren en hacer nueva 
 poblacion, y huviere nuniero de hornbres casados para el efecto, se les de 
 licencia, con que no sean menos de diez casados, y deseles termino y terri- 
 torio al respeto de lo que esta dicho, y les concedemos facultad para eligir 
 entre si mismo Alcaldes Ordinarios, y Oficiales del Concejo annales." 
 
 7. Ibid., Lib. iv. Tit. xii. Ley xviii. "Ordenamos, que quando se sacare 
 Colonia de alguna Ciudad, tenga obligacion la Justicia y Regimiento de hacer 
 descrivir ante el Escribano del Concejo las personas que quisieren ir a 
 
 hacer nueva poblacion, admitiendo a todos los casados, hijos y descendien- 
 tes de pobladores de donde huviere de salir, que no tengan solares, ni 
 tierras de pasto y labor, y excluyendo a los que las tuvieren porque no 
 se despueble lo que ya esta poblado." 
 
 8. Ibid. Ley xix, Ord. 46. "Cumplido el numero de los que ban de ir 
 a poblar. se elijan de los mas habiles Justicia y Regimiento. y cada uno 
 registre en caudal que tiene para ir a emplear en la nueva poblacion." 
 
 9. September 25th, 1595. 
 
 10. • July 8th. 1602. 
 
 11. June 20th, 1604. 
 
 12. Recopilacion. Tomo IT. Lib. iv. Tit. vii. Ley I. Don Carlos. Ord. 11 
 de 1523; D. Felipe II, Ord. 39 y 40 de Poblaciones; D. Carlos Segundo y 
 la R. G. 
 
6 SPANISH COLONIZATION IN NEW MEXICO 
 
 materials necessary for buildings, farm lands, agriculture and pasture, 
 thereby obviating much labor and expense arising on account of dis- 
 tances. Sites must not be selected in very high elevations on ac- 
 count of the winds and the difficulty of service and transportation; 
 nor in low places as they are likely to produce sickness; establishing 
 always in moderately elevated locations, which enjoy freely the 
 north and south winds; and if there happen to be mountains or 
 hills, they should lie to the east and west; and if impossible to avoid 
 high elevations, the location should be where they will not be sub- 
 jected to fogs, having care always for health and the accidents which 
 may occur; and in the event of building along the banks of a river, 
 the town should be so laid out that the setting sun falls first upon 
 the pueblo and then upon the water." 
 
 The country, province and locality having been selected, the 
 Governor was vested with authority to determine whether the new 
 settlement should be classed as a ciudad, villa, lugar or aldea, and 
 according to such designation the proper officials were chosen, which, 
 in the case of a villa or lugar, were an Alcalde Ordinario, four 
 Regidores, one Alguacil, one Escribano de Cabildo, one Escribano 
 Publico and one Mayordomo.i3 
 
 It was also provided that the "lands and adjacent areai* to be 
 settled should be selected in every way possible for their fertility, 
 abundance of pasture, wood, lumber, materials, fresh water, trans- 
 portation, entrances and commons, and that no lakes were nearby 
 nor swamps in which poisonous animals were bred, nor contamina- 
 tion of the water and air." 
 
 The lands of the new settlement were divided^s in the following 
 manner; first, the necessary town lots, exitsisa and lands for common 
 pasture and the propios del lugar were segregated ;ig the remainder 
 was divided into four equal parts of which the poblador principal, 
 the individual who had agreed to found the settlement, received one- 
 fourth, and the remainder was divided among the settlers into 
 suertes of equal size.i^ 
 
 The location of the church (templo) was a matter of first con- 
 cern, and its location in every ciudad, villa or lesser settlement, in 
 midland localities, was determined by law. It was not to be erected 
 in the plaza, "but at some distance therefrom, removed and apart 
 from whatsoever kind of edifice not contributing to its accommoda- 
 tion and ornament, and that it might be visible and the more vener- 
 ated, it was elevated somewhat above the surrounding areas in such 
 a manner that the entrance would be by steps and between the plaza 
 mayor and the church, it was provided that the Casas Reales.is 
 
 13. Recopilacion. Tomo II, Lib. iv, Tit. vii, Ley ii, D. Felipe II. 
 
 14. Ibid, Ley iii, Ord iii. 
 
 15. Recopilacion, Ibid. Ley vii, Ord. 90. 
 15a. The exidos were the commons. 
 
 16. Tillable lands identified by boundaries and measurements. 
 
 17. These were lands of the municipality and were held for purposes 
 of revenue. 
 
 18. Royal Houses. 
 
IN THE SEVENTEENTH CENTURY 7 
 
 Cabildoia or Concejo, Aduana2o and Atarazanasi should be erected 
 at such a proper distance as not to interfere with or obstruct the 
 view of the church, and so that, in case of necessity, aid might be at 
 hand. And if the town was upon tlie sea-coast, it was so laid out that 
 in going out to sea, it might be seen, with its buildings as a defense 
 for the port, assigning the town lots near to the port, not in con- 
 tinuity as the Casas Reales are built, having stores in the plaza for 
 revenues (propios), imposing a moderate tax upon the places of busi- 
 ness (mercaderias)," and in the same way it was provided that "in 
 the plazas menores sites were selected for parochial churches, monas- 
 teries, as the occasion of the place demanded. "22 
 
 The plaza mayor of a ciudad or villa, if the same was situate23 
 upon the sea-coast, was located at the landing place of the port; and 
 if the ciudad or villa was inland it was located in the center of the 
 settlement. In form it was rectangular (en quadro prolongada , be- 
 ing at least one and one-half times as long as it was wide, on this 
 account being better suited for fiestas where horses were used and 
 for other purposes. In size it was proportioned to the number of 
 residents, taking into consideration also increases in the population, 
 never being less than two hundred feet in width and three hundred 
 in length, nor greater than eight hundred feet in length and five 
 hundred and thirty-two in width; and usually they were of fine pro- 
 portion if they measured six hundred feet in length by four hundred 
 feet in width. 
 
 These were originally the dimensions of the plaza mayor in 
 Santa Fe. 
 
 From the plaza four principal streets proceeded, one from each 
 side, and, in addition to these, two for each corner. The four cor- 
 ners faced the four principal winds, because, in leaving the 
 plaza in this manner, travelers were not exposed to the four winds, 
 which would be exceedingly inconvenient. 
 
 All around about the plaza and the four main streets by which 
 travelers could depart, were portales for the accommodation of the 
 traders where they congregated; and the eight streets which led 
 out from the corners proceeded without obstruction by the portales 
 in such manner that they formed sidewalks directly with the plaza 
 and the streets. 
 
 In cold countries the streets were wide and in milder localities 
 they were narrow; and where horses assembled, for purposes of de- 
 fense, they were wide and extended in such a manner that no in- 
 convenience arose in their rebuilding if they happened to be injured 
 or defaced while being used in defense. 
 
 19. The building in which the Cabildo held its sessions. 
 
 20. The customshouse. 
 
 22! Recopilacion, Ibid., Ley viii, Ord. 118, 119, 120, 122, 125, 126. 
 23. Recopilacion, Ibid., Ley ix, Ord. 112, 113, 114 and 115. D. Felipe. 
 Segundo. 
 
8 SPANISH COLONIZATION IN NEW MEXICO 
 
 The construction of houses within tliree hundred paces of the 
 walls (murallas) and stockades of the villa was forbidden.24 
 
 The settlers were also required first to plant their fields before 
 beginning the erection of their houses, which were required to have 
 good walls and foundations. 25 
 
 In the allotments, subsequent to the assignments of the town 
 lots, distinctions, according to the rank or station in life of the set- 
 tlers, were made. There were the escuderosss and the peones.27 
 
 The governor and captain-general made the allotments, aided by 
 the procurador of the Villa, together with the advice and consent of 
 the Cabildo,28 and in the event of preferences as to certain locations 
 the Regidores received the choicest parcels. 
 
 The lands were classified or measured as peonias29 and caballerias.o 
 The peonia consisted of a town lot, fifty by one hundred feet, one 
 hundred fanegas of tillable land, of wheat or barley, ten fanegas of 
 corn land, two huebrassi of garden land, eight huebras of highland 
 woods, and pasture land for ten breeding sows, twenty cows, five 
 mares, one hundred sheep and twenty goats. 
 
 A Caballeria consisted of a town lot one hundred by two hundred 
 feet, together with the foregoing equal to five peonias. 
 
 In the allotments attention was paid so that the preferential, 
 medium and poor lands were equally distributed. 32 
 
 Settlers were required to live in the new settlement a period of 
 four years before they received full title to their allotments. 33 
 
 There was no hap-hazard method in the laying out of the villas 
 for it was ordained, that "the settlers musts* arrange so that the 
 lots, residences and outhouses shall be in a form which will be orna- 
 mental to the settlement, and so that they may have the benefit of 
 the north and south winds, uniting them in order that they mry 
 serve as a defense and stronghold against whosoever may seek to 
 disturb or harass them, providing also so that the outhouses will 
 suffice for their horses and service animals, with yards and corrals 
 of the greatest dimensions possible, in order that health and cleanli- 
 ness may be enjoyed and secured." 
 
 Under certain conditions, the executiv3 representative of ll^e 
 Crown, in the newly discovered country, the viceroy, president, or 
 
 24. Recopilacion, Ibid., Ley xii. D. Felipe III, Madrid, 1608. 
 Recopilacion, Ibid., Ley xv, Ord. 132. 
 
 25. "Luego Que sea hecho la sementera, y acomodado en ganado en 
 tanta cantidad y buena pi-evencion, que con la gracia de Dios Nuestro 
 Sefior puedan esperar abundancia de bastimentos, comiencen con mucho 
 quidado y diligencia a fundar y edificar sus casas de buenos cimientos y 
 paredes y vayan aprecibidos de tapiaies, tablas, y todas las otras her- 
 ramientos e instrumentos, que convienen para edificar con brevedad, y a 
 poca costa." 
 
 26. Gentlemen of illustrious ancestry. 
 
 27. Laborers — peasants. 
 
 29. Recopilacion, Tomo II, Lib. iv. Tit. xxi, Ley I. This law gives a 
 description of the extent of peonias and caballerias. 
 
 28. Same as ayuntamiento or concejo. 
 
 31. A huebra was that amount of land which could be plowed by a 
 yoke of oxen in one day. 
 
 32. Recopilacion, Ibid., Ley ii, D. Carlos, 1525. 
 34. Recopilacion, Ibid. Lib. iv, Tit. 7, Ley 17. 
 
IN THE SEVENTEENTH CENTURY 9 
 
 the governor and captain-general, was empnvered to make grants 
 of lands to any individual who would actually take up his residence 
 upon the same. 
 
 This authority was promulgated by Don Felipe II, at Madrid, 
 in 1568, again in 1572 and also in 1586, whereby it was ordained 
 that "if in the discovered part of the Indies there should be sites 
 or districts sufficiently good for the founding of settlements, and 
 any person shall make application to locate and settle upon 
 them, in order that they may do so with a greater freedom and bene- 
 fit, the viceroys and presidents may give them in our name, lands, 
 lots and waters, in conformity with the character of the land, pro- 
 ided it be not to the injury of a third person, and during my 
 pleasure. "35 
 
 There is no doubt that under the laws of Spain it was requisite 
 that the proper authorities must particularly designate the land to 
 be acquired by towns or pueblos, before a vested right or title to 
 the use thereof could arise. 36 
 
 The kings, the fountains of justice and jurisdiction, were the 
 owners of all the terminos37 of their kingdoms, and as such could 
 donate, divide or restrict them, or give any new form to their en- 
 joyment; and hence it is that the pueblos could not alienate their 
 terminos and pastosss without precedent royal license and authority.39 
 
 Nothing whatever was designated by law as belonging to towns, 
 other than that which by royal privilege, custom or contract be- 
 tween man and man, was granted to them, so that although there 
 may have been allotted to the towns, at the time of their founding, 
 a territorio4o and pertenencias,4i which were so common to all the 
 residents without each one having the right to separate use, it was 
 the prerogative reserved to princes to divide the terminos of the 
 provinces and towns, allotting to them the use and enjoyment, but 
 the domain itself remained in the person of the sovereign. 42 
 
 Moreover, the general theory^s of Castilian law on the subject 
 indicates that, even after a formal designation, the control of the out- 
 lying lands to which a town might have been considered entitled, 
 was in the king, as the source and fountain of title, and could be 
 disposed of at will by him or by his duly authorized representative, 
 as long as such lands were not affected by individual and private 
 rights. 
 
 Even after the assignment or allotment,** the interest which was 
 acquired by the pueblo was far from being an indefeasible estate 
 
 35. Recopilacion, Tomo 11, Lib. iv, Tit. 12, Ley iv. D. Felipe IT. 
 
 36. United States v. Santa Fe, 165 U. S. 683 et seq. 
 
 37. Outlying- lands. 
 
 38. Grazing lands, pastures. 
 
 39. Blizondo, Practical Universal Forense, Vol. iii, p. 109. 
 
 40. Land district. 
 
 41. Appurtenances. 
 
 43. United States v. Santa Fe, 165 U. S. 683. 
 
 44. Santayana Bustillo, Gobierno Politico de los Pueblos, p. 101. 
 "Otros bienes tienen los Pueblos, que propriamente son, y se dicen 
 
 comunes, y sirven para utilizarse de ellos los Vecinos. Tales son las Plazas. 
 Calles, y Caminos puhlicos, Areas, y otros edificios destinados al uso de 
 
10 SPANISH COLONIZATION IN NEW MEXICO 
 
 such as is known to our laws. The purposes to be accomplished by 
 the creation of the pueblos did not require their possession of the 
 fee. "What they enjoyed was little more than a restricted and quali- 
 fied right to alienate portions of the land to the pobladores for cul- 
 tivation or building, and to use the remainder for commons, pasture 
 lands, or as a source of revenue, or for other public purposes; and 
 this limited right of disposition and use was in all particulars sub- 
 ject to the control of the government of the country.45 
 
 As appears in the litigation involving the title to the Cienega, 
 in the Villa of Santa Fe, upon the complaint of the Cabildo of the 
 Villa, Captain Diego Arias de Quiros, a re-conquistador, was charged 
 with having trespassed upon and interfered with the rights of the 
 pobladores — the Comun — in damming up the waters and destroying 
 the pastures. The Cabildo was called upon by the Governor and 
 Captain-General, Don Ygnacio Flores Mogollon, the granting authori- 
 ty, to show what title the Villa had to the lands within the Cienega, 
 and answered that it had no title from any superior authority. 
 Whereupon, the governor and captain-general made a grant, with 
 certain limitations, of a portion of the Cienega to Arias de Quiros. 
 
 From this it is apparent, under the laws of the Indies, that the 
 lands which were not actually allotted to the pobladores remained 
 the property of the king, to be disposed of by him or those on whom 
 he might confer power so to do.^e 
 
 The local governing body of the ciudad or villa was called the 
 Cabildo or Ayuntamiento.*'' The term cabildo, as applied to this in- 
 stitution, is the more ancient. 
 
 The pueblo was required to erect a building designed and set 
 apart for the holding of the meetings of the Cabildo, or Ayuntamiento. 
 
 todos. Tales son los Monies comunes, exidos, y pastes publicos: la Caza, 
 y la Pesca; los Montes para lena, y paste. No es uno misme el derecho, 
 que en estas cosas pertenece a los meraderes del Pueble ********** ". 
 
 "Sen, pues. bienes comunes las Plazas, Calles, y Areas publicas. En 
 ellas no tiene el Veclne del Pueble mas que el solo uso. Nada puede hacer 
 que sea en ofensa del Publico. Lo edificado en el debe derribarse; asi se 
 mando executar a los Jueces de Termjnos. A los mismes se previno 
 hiciessen derribar los balcenes passadizos sebre las Calles publicas. Sin 
 embarg-e, en les sueles publicos, y donde no se ofende al use publico, o al 
 paste comun, censervan los Ayuntamientes la facultad de dar licencias 
 para edificar, y hacerse les meraderes habitaciones proprias, imponiendo 
 a estes un Treudo (emphyteutic rent) perpetuo, o cense, para aumento de 
 Prepios. Per esta causa en la comision que se die a Jueces particulares, 
 para que entendessen en la restitucien de Terminos, se previne hiciessen 
 derribar lo edificado en el suele publico con licencia de los Cencejos, sine 
 que a favor de estes se les impusiesse cense (ground rent). Per derecha 
 comun era necesaria licencia del Principe y tamblen le sera por derecho 
 Real, si de la censtruccien del edificio haya de seguir perjuicio grave 
 al publico." 
 
 "Bienes comunes de los Pueblos son tambien les Mentes, que llamames 
 Montes blancos, o campos incultos, que por otro nombre se dlcen Baldios. 
 El destine de estes, no solo es para el paste comun; sii^ven tambien para 
 otros comunes. Ninguno, ni los Ayuntamientes, e Consejos pueden alterar 
 el destine, que por el use de los Vecinos tengan: porque siende tedos com- 
 pafieres en el uso de ellos, ninguno puede en perjuicio de la sociedad 
 mudarles les destine, cultivandoles, e plantandoles. ********** " 
 
 45. R. E. Twitchell, The Spanish Archives of New Mexico, Vol. i, 
 p. 68, Archive No. 169. 
 
 46. Halls' Mexican Law, ch. vii, sec. 129. 
 
 47. The origin of this institution harks back to the Middle Ages. It 
 arose owing to the tyranny of the lords and grandees of the country, made 
 
IN THE SEVENTEENTH CENTURY 11 
 
 This requirement did not extend to the Lugares Cortos (small places) 
 nor to Aldeas. These structures were paid for out of the pro- 
 pios (revenues) of the Villa. If there were no propios, the cost was 
 distributed among the vecinos( citizens) of the Villa and of the Lu- 
 gares. The same rules applied to the Carneceria.^s Peso Publica,49 
 Pescaderia^o and the Carcel.si All were paid for out of the propios. 
 
 In the small pueblos or villas, the Cabildo was composed of the 
 Justicia (magistrates), the Regidores, the Syndico General, 52 and the 
 Escribano,53 or Fiel de Fechos, the last named having duties similar, 
 in part, to those performed by a clerk of probate. 
 
 In the Villas there were no more than four Regidores, in some 
 two; in all, only one Syndico; in some, one alcalde, in more, there 
 were two. This depended upon ordinance or upon ancient custom.s* 
 
 powerful through immense riches and rewards granted to them by monarchs 
 for acts performed in the royal service. These arrogantly asserted rights 
 and employed methods which pertained only to the sovereign. This situ- 
 ation existed largely on account of the cruelties of wars, the general igno- 
 rance and the unhappy conditions which were prevalent in those times. 
 Disorder, confusion and anarchy were commonplace. The laws were im- 
 potent and the fate of individuals depended upon the caprice of the power- 
 ful, and rights of property were determined by the sword. 
 
 To put a finish to these iniquitous and unlawful conditions, the kings 
 of the 11th and 12th centuries evolved the fortunate plan of establishing 
 ayuntamientos, or cabildos, as they were first called, lodging with them 
 authority, both civil and criminal, reserving only the hearing of court cases 
 on appeal and the exclusive right to hear complaints from persons who 
 had been unable to obtain justice in their pueblos. In some of these civil 
 and military governors were installed, whose duties contemplated the_ up- 
 holding of the laws, the collection of the royal revenues and the care of 
 the fortresses and castles of the crown. Assembled in council the inhabi- 
 tants or heads of families determined the affairs of the communit.v; charged 
 with the administiation of matters of public concern, they appointed an- 
 nually the alcaldes ordinarios, magistrates and other ministers of justice, 
 who exercised the judicial functions — both civil and criminal. Likewise 
 the various other officers, who administered the civil government and ex- 
 ercised command over the armed forces. Each pueblo organized its own 
 military force for the purpose of maintaining peace in the meetings, to 
 maintain relations with the monarch, to assure the administration of jus- 
 tice, to prosecute wrongdoers, to sustain the rights of the community and 
 to render service to the prince in matters agreed upon in the charters 
 and privileges. (Fueros.) 
 
 Such were the organizations of the people (comun) until the middle 
 of the fourteenth century, when changes of a highly important character 
 ensued. Inasmuch as each pueblo was a small commonwealth, the assem- 
 blages of all the citizens, particularly in the large pueblos, gave rise to 
 dissensions of no small consequences and produced distrubances, creating 
 factions among the families, so that it became advisable to reduce the 
 Consejo to a designated number of persons, who, in the cause of justice, 
 took over the government and directed the affairs of the people. 
 
 These were the beginnings of the cabildos, or ayuntamientos. A re- 
 view of their progress and changes since that period and a discussion of 
 their various phases of procedure is beyond the limits of this note. Suffice 
 it to say that in many instances members secured a perpetuity of their 
 offices; in others they were chosen annually by ballot; in some by election 
 of the citizens and in a number they were named by the Audiencias. See 
 Santavana Bustillo, Gobierno Politico de los Pueblos, where the foregoing 
 information was secured; see also Escriche, Diccionario Razonado de Legis- 
 lacion y Jurisprudencia, ed. of 1888, under the title Ayuntamientos, where 
 the history of these organizations from the inception is given in great 
 detail. 
 
 48. Meatmarket. 
 
 49. Public scales. 
 
 50. Fishmarket. 
 
 51. Jail. 
 
 52. Attorney general. 
 
 53. Town clerk. 
 
 54. Santayana Bustillo, Gobierno Politico de los Pueblos de Espafia, 
 p. 2. "Ayuntamientos, o consejo, en la significacion material, es la Casa, 
 o Lugar, donde se debe juntar la Justicia, Regidores, y demas Personas 
 
12 SPANISH COLONIZATION IN NEW MEXICO 
 
 It was required that the officials of the Cabildo be landowners 
 (propietarios), of the Villa where they served, and it was unlawful for 
 the governor to name officials ad interim, when any of these hap- 
 pened to be absent. The blind, the deaf, the dumb, the insane, the 
 minor and the confirmed invalid were disqualified for any of the 
 offices of the Cabildo. Persons who had been convicted of crime, or 
 punished by the Tribunal of the Inquisition and their male descend- 
 ants to the second generation, and traitors, were also denied the 
 right to fill these offices. The right to serve, however, was accorded 
 to bastards. Rank also cut some figure in the matter of qualifica- 
 tions. Slaves, monks, and Knights of San Juan could not serve, but 
 those of the military orders of Santiago, Alcantara, Calatrava, Mon- 
 tesa and Saint George were accorded the right. Their sex denied to 
 women the privilege, "not so much on account of any lack of sense, 
 but as being unbecoming the respect due to the sex for them to 
 intermeddle with offices which are the rights of men."55 But, if 
 a woman inherited a jurisdictional office, she fulfilled its duties 
 through the Asesor. 
 
 The Regidor could not hold the office of Escribano and vice 
 versa, because the duties were incompatible. Foreigners, and those 
 who were not native to the kingdom, were barred from holding any 
 office. The Alcaldes, Regidores, Syndicos and Sexmeros (mayors of 
 ciudades) in order to serve as such in their pueblos must be nativessQ 
 and citizens thereof. 
 
 It was believed that the pobladores primeros were more capable 
 of handling the local administration of municipal affairs, owing to 
 their love of country. 
 
 In Santa Fe, the capital of the kingdom or province, the governor 
 and captain-general was the presiding officer of the Cabildo, and 
 in the event of his absence, or that of his lieutenant, the alcalde 
 brdinario served in that capacity.57 All elections and meetings of 
 the Cabildo were required to be held in the Casa de Cabildo.ss No 
 matter how grave the question, nor how urgent the necessity, no 
 meeting of that body could be held in the house of the governor, nor 
 were military representatives permitted, under any pretext whatever, 
 to interfere with its proceedings. 59 Whenever the governor was 
 
 que le componen. a tratar del Gobierno del Pueblo; en lo formal significa 
 el Corregidor, Alcalde, Regidores, y demas Personas de que se forma el 
 Ayuntamiento, o Consejo de un Pueblo." **** es el Congresso, o Junta 
 de las Personas que le componen. El numero de las que le forman, segun 
 la diversidad de Puehlos, es diverso." Ibid., pp. 4-.5. "Las Personas, que 
 componen ******** deben ser quales por Leyes del Reyno se requieren." 
 
 ,55. Santayana Bustillo, ibid., pp. G, 7. "No tanto por la falta de juicio 
 como porque no es decente la decoro del sexo, mezlarse en los oficios, que 
 son proprios del hombre." 
 
 56. Ibid., p. 0. , ,^ 
 
 57. "Que faltando el governador, se pueda hacer Cabildo con un alcalde 
 ordinario." Lib., iv, Tit. ix, Ley v. ■ , , , 
 
 5g " ***** Qnenoe junten a hacer Cabildos, elecciones de Alcaldes, 
 V otros Oficiales, ni a tratar de lo que convenga al bien de Republica. si no 
 fuere en las Casas de Cabildo. que para esto estan dedicadas. ***** " 
 
 59. "Ordenamos a los Governadores, que siempre hagan los Cabildos 
 en las Casas del Ayuntamiento, y no en las suyas. ho haviendo causa 
 tan grave, ni relavante, que oblige a lo contrario, y no leeven, ni con- 
 
IN THE SEVENTEENTH CENTURY 13 
 
 present, the lieutenant-governor was not permitted to attend, unless 
 invited by the members. go The alcaldes, however, could enter at all 
 times. 61 No matter what his station or rank, no one was allowed to 
 enter the Cabildo, except the alferez real, wearing his sword.62 No 
 interference with elections was countenanced, nor were the execu- 
 tive officers of the government allowed to solicit votes for relatives. cs 
 Persons occupying exalted positions, like the Oidores (judges^ 
 were not permitted to enter the Cabildos for the purpose of influ- 
 encing the votes of members upon any matters. 64 
 
 Governors and their lieutenants were required to respect the 
 high offices of the regidores and to refrain from attempting to influ- 
 ence their votes in the Cabildo. They were forbidden, along with the 
 members of the Cabildo itself, the solicitation of votes for friends 
 who were nominated for office. They were commanded not to compel 
 the escribanos to record the votes upon loose sheets of paper, but 
 these were registered in the regular books and records of the Cabildo 
 and regidores were not permitted to sign their names in blank, to be 
 filled out later. If a matter in which some regidor was concerned 
 was being discussed before the Cabildo, such member was required 
 to withdraw from the meeting; and this regulation also applied to 
 others than regidores, if matters in which they were interested were 
 being discussed in the Cabildo. 
 
 The Cabildo was required to keep a book or record in which all the 
 official acts were registered. All royal cedulas, provisions, ordinances 
 and instructions were required to be preserved and filed in the archives 
 of the Cabildo, this being one of the duties of the escribano. Copies 
 of these archives were permissible but the original always remained 
 in the custody of the Cabildo and could not be removed from the 
 archives for any purpose whatsoever.ss 
 
 From anything known, at this time, of the contents of Oriate's 
 agreement (capitulacion) with the Viceroy, Velasco, it was not un- 
 derstood that he should have the right to appoint the officials of any 
 city or villa which he might found, and consequently there is justifi- 
 cation for the statement that the members of the first government 
 of the capital villa of Santa Fe were duly elected to those positions 
 as was then provided by law.eo 
 
 sienten, que interveng-an ministros militares, ni den a entender a los Capi- 
 tvilares, por obra, ni palabra, causa, ni razon que los pueda mover ***** " 
 
 60. " ***** no consientan, ni permitan, que sus Tenientes entren en los 
 Cabildos ***** si no fuere en case, que por ellos feuren llamados ***** " 
 
 61. " ***** Alcaldes Mayores de las Ciudades, Villas y Lugares de las 
 Indias, puedan entrar en sus Cabildos todas las veces ***** " 
 
 62. " ***** que no consienta entrar con espada en el Cabildo ***** " 
 6.3. Recopilacion, Lib. iv, Tit. ix, where all the above citations are 
 
 found. 
 
 64. Recopilacion, Lib. iv. Tit. x. 
 
 65. Ibid. 
 
 66. Recopilacion, Lib. iv. Tit. x, Ley iii, D. Carlos, Valladolid, June 26, 
 1523. " ***** Que en los lugares, que de nuevo se fundaren, se elijan los 
 Regidores, conforme a esta ley." The law provided that the regidores, in 
 such a case, should be elected by the vecinos (citizens), in such number 
 as should seem best to the governor, but not to exceed the number pro- 
 vid for in antecedent decrees. 
 
14 SPANISH COLONIZATION IN NEW MEXICO 
 
 In elections for these offices, fatliers were not permitted to 
 nominate their sons, nor sons their fathers; brothers could not name 
 brothers; nor fathers-in-law their sons-in-law; nor brothers-in-law, 
 nor those who had married two sisters. 67 
 
 From the time of the reign of Doiia Juana, in the year 1522, and 
 by numerous later decrees, in 1557, by Don Felipe II, and by Don 
 Felipe III, in 1610, and by Don Felipe IV, in 1645, royal offices were 
 disposed of by public sale, but it is not known affirmatively, through 
 any documentary proof, that any sales of offices were had in New 
 Mexico during the Oiiate period, and particularly at the time of the 
 founding of Santa Fe, although such a proceeding was possible, as 
 it was authorized by law.ss 
 
 During the rule of succeeding governors and captains-general, 
 it is known that offices in the kingdom of New Mexico were dis- 
 posed of in this manner, their sale causing a great deal of dissatis- 
 faction and disturbance in the relations between the civil and mili- 
 tary and the ecclesiastical administrations. 
 
 It was provided that the large number of secretaryships should, 
 wherever it was possible, be sold only to those persons, not other- 
 wise disqualified by law, who were capable and efficient in the per- 
 formance of the duties of the positions. so 
 
 The proceeds arising from the sale of these offices belonged to 
 the royal exchequer, and all the details and circumstances of the 
 sales were duly registered, including the fact that a proper adver- 
 tisement each week had been made by the governor and captain- 
 general. A person having become the purchaser of an office, becoming 
 dissatisfied or otherwise preferring not to hold the same, could give 
 it up — renounce — to some other person, the vendor being required 
 to pay to the royal exchequer a sum equal to one-half the original 
 price paid by him for the office. ''^o There were many provisions and 
 conditions attached to these transfers, in every instance the fee to 
 the crown being in evidence. No modern court fee bill exceeds in 
 any manner the multitudinous charges made possible under the laws 
 of those early days. 
 
 There was another official or officer of more than ordinary im- 
 portance, always in view at every official function, who was known 
 as the alferez real. In addition to his military duties, which were 
 those in the nature of an adjutant or staff officer, he had the right 
 to vote in the Ayuntamientos or Cabildos."i It was he who carried 
 the royal banner or pennant at the head of the troops of the presidio 
 or the militia of the Villa, and in proclaiming the royal succession, 
 it was his duty to raise the royal ensign, and, above all, he enjoyed 
 
 67. Ibid., ley v. 
 
 68. Ibid. Lib. viii, Tit. xx, ley Primera. There was a perfect host 
 of these offices, which by their sale contributed to the royal exchequer; 
 a great variety of escribanos; among the rest there was one who looked 
 after the sale of papel sellado. 
 
 69. Recopilacion, Lib. viii, Tit. xx, ley ii. 
 
 70. Ibid.. Tit. xxi, ley i. 
 
 71. Recopilacion, Lib. iv, Tit. x, ley iiii. 
 
IN THE SEVENTEENTH CENTURY 15 
 
 the privilege of wearing his sword, when attending sessions of the 
 Cabildo.72 
 
 Every person holding any office in the Cabildo was subjected at 
 the conclusion of his term of office, to an investigation of his offi- 
 cial conduct of its affairs; this examination was known as a resi- 
 dencia.73 
 
 Members of the Cabildo enjoyed certain distinctive rights or 
 privileges when attending church or other public gatherings. A spe- 
 cial place was reserved for the members^! in the Yglesia or parochial 
 church, and if any one attempted to occupy the place assigned he was 
 subjected to a fine of one hundred dollars. 75 The officers of the gar- 
 rison also were preferred in the matter of special accommodations 
 while attending church, but the members of the Cabildo had first 
 choice. 76 But they were not permitted to use chairs or 
 benches. 77 Private citizens were allowed no such privileges. Mem- 
 bers were required to attend all meetings but in the event the gov- 
 ernor or the alcalde ordinario were absent, in such cases the regidor 
 mas antiguo (oldest in service) presided over the meeting.78 
 
 The alcalde ordinario was a man of great prominence. He was 
 chosen on account of his integrity and capability. Having served 
 one term he was ineligible for another until he had submitted to 
 the residencia. He held his court in the casa de cabildo at regular 
 hours. In a town where there was no governor and no lieutenant- 
 governor, the alcaldes ordinaries had jurisdiction in cases both civil 
 and criminal the same as that of a governor. Appeals from these 
 alcaldes were directed to the cabildo or to the governor. If it so 
 happened that the governor and the lieutenant-governor were absent 
 from their jurisdiction, the office remained unfilled,79 until such a 
 time as the Viceroy named one to fill the vacancy, the alcalde ordi- 
 nario serving as governor interino. He also was required to fix the 
 prices of foodstuffs along with a regidor named for that purpose.so 
 
 In the conduct of the affairs of the Villa, the expense was borne 
 through revenues derived from the propios.si There were no taxes 
 in the present acceptation of the term. The lands (propios) were 
 leased to the highest bidder, and extraordinary expenses were not 
 financed in this manner except by special license, unless the ex- 
 
 72. Escriche, p. 136. Ed. of 1888. 
 
 73. Recopilacion, Lib. v. Tit. xv, ley xv. 
 
 74. Ibid., Lib. Ill, Tit. xv, ley Ixxxiiii. 
 
 75. Ibid. Lib. iii, Tit. xv, ley Ixxxvii. 
 
 76. Ibid., ley cii. 
 
 77. Ibid., ley ci. "En las Yglesias de nuestro Real Patronazgo no se 
 consienta poner assientos, ni tener Lug-ares particulares y seiialados a 
 ningunas personas **** " but, (ley cii) "Los Gobernadores y Justicias de 
 los Puertos den a los Capitanos, sarg-entos mayores y Castelanos de los 
 Presidios y Fuerzas assiento sin silla, ni almohada, y la Justicia y Reg-i- 
 miento (the Cabildo) elija el lado que quisiere ocupar, dandoles e otro, y 
 no hallandose prescnte el Presidente y Audiencia Real, si en aquel Puerto la 
 hubiere.' 
 
 78. Ibid., Lib. iii. Tit. xv, ley Ixxxiiii. 
 
 79. Ibid., Lib. v. Tit. iii. Ley xii. 
 
 80. Recopilacion, Lib. v. Tit. iii. Ley xvii. 
 
 81. Ibid., Lib. iv, Tit. xiii, ley i. 
 
16 SPANISH COLONIZATION IN NEW MEXICO 
 
 pense82 was less than five dollars. The issue of all warrants drawn 
 on the fund derived from the propios was in charge of the cabildo, 
 the alcalde ordinario or the governor.ss 
 
 In works of a public character, such as the construction of 
 highways (caminos reales), a special assessment was provided for 
 which was made by the governor, and in many instances, permission 
 was first necessary from the Audiencia and in some cases from the 
 Council of the Indies. s* 
 
 In the Indian pueblos, the system was quite different, as the 
 governor and the ecclesiastic had original jurisdiction in this class of 
 towns. 
 
 Reference to only a very few of the many decrees in force in the 
 Spanish possessions has been noted. It has been somewhat difficult 
 to determine just at what point the local administration of affairs 
 begun and ended. The governor, the chief provincial official, was, 
 in the early times, always named from places beyond the provinces 
 where he was to rule. The local government, however, was always 
 made up of the pobladores, and preference was given to the first 
 settlers and their descendants. The governor was always the chief 
 official in the government of the town where he had his capital, and 
 the local officials of that town seem to have been given jurisdiction 
 over affairs, in many cases, outside the town itself, and in some 
 cases extending over the entire province. 
 
 With all the power in the hands of the governor, with jurisdic- 
 tion of the sort possessed by him, there is small wonder, in the ad- 
 ministration of affairs in New Mexico, at least, that the king, shortly 
 after Santa Fe was founded, took occasion to decree that in all ap- 
 pointments to the governorship of New Mexico, the Viceroy must 
 name only such men for the offices and government as were pos- 
 sessed of much intelligence (mucha intelligencia) and zealous for the 
 honor and glory of God Almighty.ss 
 
 No report of the names of the first settlers of Santa Fe has, 
 as yet, been found among the Spanish archives. That a full state- 
 ment was made, however, if we are to conclude with our knowledge of 
 the accuracy and detail with which the early Spanish settlers recorded 
 everything, there can be no serious question, and it is only a matter 
 
 82. 
 
 Ibid., ley iii. 
 
 88. 
 
 Ibid., ley v. 
 
 84. 
 
 Ibid., ley iii. 
 
 85. 
 
 Recopilacion, 
 
 lib. iii. Tit. ii, ley Ixvi. "Encargamos y mandamos 
 a los Vierreyes de Nueva Espana, que enfuerzen y favorescan la conversion 
 y pacificacion del Nuevo Mexico, de forma que por falta de obreros Bvan- 
 gelicos, los demas requisites, no dexe de estenderse la predicacion por 
 aquellas Provincias todo lo posible, y para que consevar en policia Christi- 
 ana a los que se fueren convirtiendo. usen de los medios, que mejor les 
 pareciere, con la menos costa de nuestra Real Hacienda, que ser pueda 
 g-uardando ,y haciendo guardar lo que esta ordenado para nuevos descubri- 
 mientos, y que provean el gobierno de aquellas Provincias en personas de 
 mucha inteligencia, y zelosas de la honra y gloria de Dios Nuestro Senor, 
 porque dadole a aquella empressa Caudillos de estas partes, vaya en el 
 aumento que descamos. Y tenemos por bien qvie los Vierreyes les senalen 
 en salario, que les parciere necesario para conseguir este fin." 
 
IN THE SEVENTEENTH CENTURY 17 
 
 of time and research when the document will come to light.ss Nor is 
 there any record of the names of the first settlers of the entire prov- 
 ince which can be said to be complete. st 
 
 During the period after the founding of the Villa of Santa Fe and 
 its siege and capture by the revolting Pueblos in August, 1680, no 
 other villa was founded in New Mexico. In speaking or writing of 
 Santa Fe, it was always mentioned as "La Villa" without its appella- 
 tion of "Santa Fe", there being no other in the province. ss 
 
 While we have no official record of the methods pursued in the 
 founding of the Villa of Santa Fe, undoubtedly there was all the at- 
 tendant ceremony provided for under Spanish law on so notable an oc- 
 casion. The laws in the time of the re-conquest, nearly a century 
 later, were practically the same as in the Oiiate period, and General 
 
 86. Bancroft, taking- his information from the poem of Captain Gaspar 
 de Villagra, gives a list of the so-called first settlers who accompanied 
 Juan de Onate, but these cannot have been, in every case, those who com- 
 prised the settlers of Santa Fe. Santa Fe was settled at least eight years 
 after the arrival of Onate, and it had not been settled when Captain de 
 Villagra left the country. He makes no mention of the founding- of the 
 city. See Villagra, Historia de la Nueva Mexico, del Capitan Gaspar de 
 Villagra. Dirigada al Rey D. Felipe Nuestro Seiior Tercero deste nombre. 
 Alio 1610. Con privilegio, en Alcala, por Luys Martinez Grande. A costa 
 de Baptista Lopez Mercador de libros. Also, Bancroft, Arizona and New 
 Mexico, ch. vi, pp. 110, et seq. Not all of the names found in Bancroft's 
 list are mentioned by Villagra. 
 
 87. Tlie alphabetical list of names of the first settlers of New Mexico, 
 as given by Bancroft, is as follows: — Captain Pablo de Aguilar, Arauujo, 
 Ascencio de Archuleta, Ayarde, Alferez Dionisio de Banuelos, Bartol, Juan 
 Benitez, Bibero, Captain Juan Guiterrez de Bocanegra, Juan Perez de Bus- 
 tillo, Cesar Ortiz Cadimo. Juan Camacho, Estevan Carabajal, Carrera, 
 Juan de Caso, Alferez (Capt.) Bernabe de las Casas, Castillo, Juan Catalan, 
 Cavanillas, Captain Gregorio Cesar, Cordero, Alferez Juan Cortes, Marcos 
 Cortes, Pedro Sanchez Damiero, Juan Diaz, Sec. Juan Perez de Donis, 
 Captain Felipe Escalante. Juan Encarramal, Captain Marcelo de Espinosa. 
 Captain Marcos Farfan de los Godos, Juan Fernandes, Manuel Francisco, 
 Alvaro Garcia, Francisco Garcia, Marcos Garcia, Simon Garcia, Luis Gascon, 
 Bartolome Gonzalez, Juan Gonzalez, Juan Griego, Guevara, Francisco Gui- 
 llen, Antonio Gutierrez, Alferez Geronimo de Heredia, Antonio Hernandez, 
 Francisco Hernandez, Gonzalo Hernandez, Pedro Hernandez, Antonio Conde 
 de Herrera, Cristobal de Herreia, Juan de Herrera, Alonzo Nuiiez de Hino- 
 josa, Leon de Isasti, Jimenez, Captain Diego Landin, Francisco de Ledes- 
 ma, Alflrez Juan de Leon, Domingo de Lizana, Cristobal Lopez. Juan Lopez, 
 Alonso Lucas, Lucio Mallea, Francisco Marquez, Herman Martin, Juan 
 Martinez, Juan Medel, Medina, Monroi, Alonso Gomez Montesinos, Baltazar 
 de Monzon, Morales. .Juan Moran, Munuera, Naranjo. Captain Diego Nunez, 
 .Juan de Olague, T'eniente General Cristobal de Onate, Juan de Ortega, 
 CaptaiTi General Juan de Oiiate, Ortiz, Regundo, Paladin, Simon de Paz, 
 Juan de Pedraza, Alferez Pereyra, Simon Perez, Captain Juan Pinero, Al- 
 ferez Francisco de Posa y Penalosa, Captain Alonso de Quesada, Francisco 
 Guillen de Quesada, Martin Ramirez, Juan Rangel, Rascon, Pedro de los 
 Reyes, Pedro de Ribera, Alonso del Rio, Diego Robledo, Francisco Robledo, 
 Pedro Rodriguez, Sebastian Rodriguez, Baitolome Romeros, Captain Moreno 
 de la Rua, Captain Ruiz, Juan Ruiz, Lorenzo Salado, Juan de Salas, Alonzo 
 Sanchez, Cristobal Sanchez, Francisco Sanchez, Antonio Saiiiiana, Juan 
 de Segura, Serrano, Sosa, Captain Tabora. Captain Francisco Vaca, Varela, 
 Francisco Vasquez, Jorge de la Vega, Sec. Juan Velarde, Francisco Vido, 
 Juan de Victoria Vido, Captain Gaspar de Villagra, Villaltaa, Villaviciosa, 
 Captain Juan de Zaldivar, Captain Vicente de Zaldivar, Alferez Leon Zapata, 
 Prov. Zubia and Zumaia. This list does not contain the names of the 
 frayles nor the lay brothers who accompanied Onate. 
 
 88. Not all the original settlers left the neighborhood of the first 
 Spanish settlment — San Gabriel — and lemoved to Santa Fe. During the 
 period ending with the pueblo revolution all, or nearly all, the areas now 
 embraced in what is known as the Espafiola Valley, was occupied by Span- 
 iards. After the re-conquest General De Vargas ordered a sui-vey of con- 
 ditions in all that locality, which survey is preserved in an official report, 
 and it is by this report that we know the names of the owners of lands 
 along that section of the Rio Grande Valley at the time of the pueblo 
 uprising. 
 
18 SPANISH COLONIZATION IN NEW MEXICO 
 
 De Vargas in the expediente giving the details of the founding of the 
 Villa of Santa Cruz, has preserved to us a complete record of the 
 manner in which so important an event was celebrated in that period 
 of New Mexico's history. 
 
 General De Vargas, on his arrival in Santa Fe in 1692, and his 
 second entry in the year following, found that the district around the 
 present settlement of Santa Cruz and to the north in the direction of 
 the pueblo of San Juan was occupied by Indians from the old pueblo 
 of Galisteo. These lands, prior to the revolution of 1680, had not been 
 occupied by Indians, but, even with this fact known to De Vargas 
 and the re-conquistadores, who had been promised a return to them 
 of the lands from which they had been driven by the Indians, still, 
 under Spanish law, and in the opinion of De Vargas, arrangement 
 had to be made for the settlement of these Indians from Galisteo 
 elsewhere, before De Vargas determined to found the Villa Nueva de 
 Santa Cruz, which, after much trouble, he succeeded in accomplish- 
 ing.89 
 
 The Tanos Indians from Galisteo who were occupying the pueblos 
 of San Lazaro and San Cristobal and the adjacent farming lands, 
 being the lands lying north of the Santa Cruz river and extending in 
 the direction of the present pueblo of San Juan, had presented a 
 petition to General De Vargas, as follows: 
 
 "To the Governor and Captain-General: 
 
 "The governors of the pueblos of San Lazaro and San Cristobal 
 of the Thanos tribe for themselves and in the name of the people of 
 the said pueblos: We appear before your excellency askitg that all 
 the privileges allowed by law be given us, and we say: That your 
 excellency was pleased to order us to move from the said pueblos in 
 order to settle them with Spaniards, and we pray that your excellency 
 will give us time to plant the said lands, which are now open, during 
 the present year, using the acequias of the same, and as soon as we 
 take off the crops we will vacate the said pueblos in order that your 
 excellency may settle them as your excellency was pleased. Which 
 said petition your excellency was pleased to grant, and with the same 
 we were gratified. And now we have learned that it is the intention 
 of your excellency to send us to settle and plant in another place, 
 in view of which we submit to the consideration of youi excellency 
 the hardships which we are now undergoing, as we have (as is well 
 known) no maize, which is our only food, and now we are not only 
 unable to procure any, but in order to support ourselves up to the 
 present we have sacrificed our clothing, having had to sell it at low 
 prices, and also in order to have seed for this year, and no matter 
 where we may go to settle and plant it will be necessary for the people 
 of both pueblos to occupy all their time in breaking the land and 
 constructing acequias, a thing impossible to do in this year, because 
 
 89. See The Spanish Archives of New Mexico, Vol. I, pp. 241-251, 
 R. E. Twitchell. Report to Gen. De Vargas by Lt. Gen. Luis Granillo, March 
 23, 1695. 
 
IN THE SEVENTEENTH CENTURY 19 
 
 we have nothing to live on and we have to seek it elsewhere, with 
 which the present evil is not remedied, nor that of the future, which 
 is imminent. In view of all that which we have set forth, placing 
 ourselves at the feet of your excellency, with all due respect, we ask 
 and pray that your excellency will consider our need and the remedy 
 for the same, which rests wholly on your excellency's word, and that 
 your excellency will be pleased to permit that for this year we may 
 plant in these pueblos, and on our part we are ready to vacate them 
 as soon as we gather the crops, in which we hope to receive rrom the 
 powerful hand of your excellency all favor and grace as we have 
 already experienced in things of greater import, and which is just, 
 and for the same, etc.. 
 
 The petition was duly presented to General De Vargas, who, after 
 consideration, rendered the following decree: 
 
 "It was presented by the war captain of the natives of the Thanos 
 tribe of the said pueblos of San Lazaro and San Cristoval; and, 
 whereas I have given the order to my lieutenant-general, I direct that 
 it be carried out and executed, since I can only permit that the 
 Indians of the fii'st pueblo, that of San Lazaro, if they do not 
 desire to join and incorporate themselves with those of the pueblo 
 of San Juan de los Caballeros, where they came from and where they 
 left their portion of land, or to return to their old pueblo which they 
 left and which they had and did have before the general revolution 
 of this kingdom in the year 'eighty, and in which they lived for many 
 years afterwards, they shall join and agree to live together in the 
 said second pueblo of San Cristoval, and shall plant their crops on 
 their lands, going as far as the said Canada of Chirj^ayo and farm ot 
 Moraga, where, during the pa§t year because of the second uprising 
 they made and had their cornfields; and they having lands of their 
 own, there is no reason why the royal will of His Majesty the King, 
 our master, should not be carried out in regard to Spaniards who 
 are expected and who are now on their way here to augment the popu- 
 lation and secure the restoration and reconquest of this said kingdom, 
 nor that the provision made for the same out of his royal treasury 
 should be lost by their not being given lands suitable and proper for 
 their making their crops and thereby their support — reasons for not 
 being able to leave exposed to said contingency an enterprise of such 
 magnitude; and besides, in view of the objection of the said natives 
 that the said lands are not in condition to be cultivated, they ought to 
 consider the favor done in giving them the half of the lands belongirg 
 to the other said pueblo of San Cristoval, and acknowledge the care 
 and attention given to their relief; and in order that this said decree 
 may appear of record let it be placed, with the petition of the said 
 natives, with the decrees and proceedings, which by virtue of the said 
 order my said lieutenant-governor and captain-general shall carry out 
 and make report of the same in order that proper action may bq. 
 
20 SPANISH COLONIZATION IN NEW MEXICO 
 
 taken, and I signed it in this said city with my civil and military 
 secretary on the said day ut supra. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Before me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 Having rendered judgment, De Vargas issued a proclamation 
 under which the Villa Nueva de Santa Cruz was founded, in the fol- 
 lowing words: 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon, governor and 
 captain-general of this kingdom and provinces of New Mexico, its new 
 restorer, conqueror at his own expense, reconqueror and settler of the 
 same, castellan of its forces and garrisons, by His Majesty, etc., 
 
 "The Thanos Indians, of the pueblo of San Lazaro, having by virtue 
 of my order and direction, as expressed in the same and forwarded for 
 its due execution on the twentieth of March last of this present year 
 to my lientenant-governor and captain-general, Colonel Luis Granillo, 
 as it appears in the proceedings which by virtue of the said order 
 were had, and the said Indians having consulted with their governors 
 and asked me for the grant of the tract of the Canada de Chimayo 
 and left to me the said pueblos of San Lazaro and San Cristoval, 
 and I having succeeded in having that of San Lazaro vacated in order 
 to employ and occupy it with the families which his excellency the 
 vicei'oy, the Conde de Galve, has sent for the settlement of this said 
 kingdom of New Mexico, and they having arrived on the twenty-third 
 of June of the past year one thousand six hundred and ninety-four, 
 their number being in accordance Vv^ith their list and muster roll, in 
 order that they might be supported and lodged until said kingdom 
 was safe, and they came into this said city to the number of sixty-six 
 and one-half families, and in order that they may be together without 
 the intrusion of any others. In view of their union, and in order that 
 they may be contented, they having come from one place and country 
 to this said city, I placed them in the first grade, and I designate the 
 said pueblo, its dwelling houses, its cleared agricultural lands, drains, 
 irrigation ditches, and dam or dams which the said native Indians had 
 and did have for irrigation and the security of raising their crops, and 
 I also designate and grant, in the name of His Majesty, the dams 
 which they may leave open and those which they may open, and the 
 v/oods, pastures, and valley which the said natives had and enjoyed, 
 without prejudice to the farms and ranches which lie within its limits 
 and district, and all that which it covers and may contain as far as 
 the pueblos of Nambe, Pojoaque, Jacona, San Ildefonso, Santa Clara, 
 and San Juan de los Caballeros, giving these as the boundaries of the 
 tract which the said settlement shall enjoy, hold, and have, and which 
 I make a seat and town, and also possession of the houses which may 
 be given or assigned to them in person; and furthermore, the honorary 
 
IN THE SEVENTEENTH CENTURY 21 
 
 title of 'Villa Nueva de Santa Cruz de Espanoles Mexicanos del Rey 
 Nuestro Senor Carlos Segundo,' which, in the name of His Majesty, 
 I give to> the said settlement, and as such it shall enjoy priority of 
 settlement, with the understanding that that of this city of Santa Fe 
 is the first, and in it only shall be held the election of the members of 
 the illustrious council, but each shall have its civil authority, which 
 shall be composed of an alcalde mayor and war captain and lieutenant, 
 with the title of captain of militia, alferez, and sergeant, the said 
 settlement being limited to four squad corporals and alguacil de guerra, 
 who shall go out on scouting expeditions with the said captain of 
 militia and other officers, alternating every month, and they shall 
 have this style and form of government because of being on the fron- 
 tier, and in order that the said Spanish Mexicans may be informed 
 of the grant of the said Villa Nueva made to them, I direct that the 
 same shall be published in the said form, in order that they may 
 acknowledge in due form that I, the said governor and captain-general, 
 have them in this said kingdom and that I have favored them in pro- 
 portion to my respectful appreciation of the promise contained in 
 the proclamation ordered to be published by his excellency the said 
 viceroy, the Conde de Galve, as in it he promised them and directed 
 that I should be ordered to give them lands on which to settle, and 
 I give them all with appreciable improvements, since I have given 
 them cleared and broken lands and of known fertility, with their 
 drains and irrigation ditches and dams in good condition and with 
 the irrigation secured, and also new houses, because the said pueblo is 
 new, and they have nothing to do but to go and live in them and to 
 make use of the lands which I will designate for them, granting 
 ranches and farms to those who may prefer the same, in order to 
 allow the more room and allow for other settlers who may come in, 
 and which the King our master may be pleasea to send, and also 
 those which I, the said governor and captain-general, may deem it 
 proper to send to settle there, and this will also be done with people 
 who may valuntarily ask for a grant, and who may be designated as 
 settlers of the said town, in order that they may enjoy the privileges 
 and rights of the same; and in order that it may so appear and that 
 they may be ready to leave this city of Santa Fe I appoint Thursday, 
 at ten o'clock in the morning, and I will then have in the plaza of this 
 city the pack mules which I now have, and I will also furnish some 
 horses to mount, in part, those who may need them, and I will aid 
 them in all things, assuring them that a ration of beef and corn shall 
 not be wanting, as well as half a fanega of corn to each family for 
 planting which I promise to give them, and also implements, such as 
 picks, shovels, hoes, and axes, until those ordered by his excellency 
 the viceroy from the contractors shall arrive, and there shall also be 
 forwarded to their alcalde mayor and war captain, who may be ap- 
 pointed, a supply of firearms, powder, and ball, in order that they 
 may be provided with all that is necessary; and in order that this 
 
22 SPANISH COLONIZATION IN NEW MEXICO 
 
 said proclamation and that which is set fortli in it may serve them as 
 a foundation and sufficient title, 1 order that it be published in mili- 
 tary style, with music by the band, and in the presence of the leaders 
 and officers and my lieutenant-governor and captain-general, and also 
 that part of the illustrious council which is in this city, and its notary, 
 and o;" my civil and military secretary, and that it be published in the 
 inner and the outer plazas; and I signed it in this city of Santa Fe 
 on the nineteenth day of the month of April, one thousand six hun- 
 dred and ninety-five. 
 
 Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "By order of the governor and captain-general: 
 "Alphonsso Rael de Aguilar [rubric] 
 "Civil and Militai-y Secretary 
 
 "In this city of Santa Fe, on the nineteenth day of the month of 
 April of the year one thousand six hundred and ninety-five, I, Captain 
 Alphonsso Rael de Aguilar, civil and military secretary, certify that 
 on this day this said proclamation was published in the two public 
 plazas of this city in the presence of a large concourse of people in 
 the same and in a loud and intelligible voice by Sebastian RodrigueZi 
 negro drummer, and in order that it may so appear I signed it. 
 
 "Alphonsso Rael de Aguilar [rubric] 
 
 " Civil and Military Secretary." 
 
 Two days later General De Vargas accompanied by the new set- 
 tlers left the capital for the new settlement of Santa Cruz, where they 
 arrived on the following day, as appears from the official record, in 
 which appears in detail all the ceremonies which at that time were 
 deemed necesary in the founding of a Villa, as follows: 
 
 "On the twenty-second day of the month of April of the said 
 date and year, I, the said governor and captain-general, Don Diego de 
 Vargas Zapata Lujan Ponze de Leon, of this Kingdom and Provinces 
 of New Mexico, by His Majesty, arrived at this Villa de Santa Cruz de 
 los Mexicanos Espaiioles del Key Seiior Nuestro Don Carlos Segundo, 
 so named and placed by me the said governor and captain-general, its 
 site and settlement having been vacated by my order by the Thanos 
 tribe, formerly of the pueblo of San Lazaro, and having given it the 
 title and placed it under the protection of the Holy Cross, and they 
 having already arrived with their alcalde mayor and war captain ap- 
 pointed, and the other officers named in the said proclamation, and 
 with the title of Villa published in the same, and ordered to be pub- 
 lished on the nineteenth day of the present month and year, and they 
 being drawn up in line with their said captain and other officers 
 designated and appointed, and they were at the entrance of the plaza 
 of the said Villa, and dismounting there near the chapel which served 
 as a church for the natives of the said pueblo, and having ordered the 
 settlers to form in a half circle at my side, the royal alferez being 
 in front with the royal standard with my lieutenant-governor and my 
 
IN THE SEVENTEENTH CENTURY 23 
 
 civil and military secretary, I directed the said alcalde mayor and war 
 captain, Major Antonio Jorge, his lieutenant and captain of militia. 
 Sergeant Nicolas Ortiz, and his ensign, Joseph Valdez, and Sergeant 
 Manuel Ballejo and Antonio Godinez, Alguacil de Guerra and the four 
 squad corporals, Joseph del Balle, Sebastian de Salas, Miguel Fajardo, 
 and Bustos, to step forward from the said line, all of whom were ap- 
 pointed as the government political and military the said Villa being on 
 the frontier, by me, the said governor and captain-general. 
 
 "And I required and directed that they should make the usual 
 oath accepting the said place and settlement, the Nueva Villa of their 
 own nation of the Mexicanos Espaiioles del Rey Nuestro Seiior Don 
 Carlos Segundo, and as loyal vassals to maintain and preserve it, even 
 at the expense of their lives, to which they responded under said oath 
 that they accepted the same and that they would obey and keep the 
 same; and I again made them the grant under the said acceptance 
 and oath, revalidating to them their lands which belong to them 
 and the boundaries set forth, and which limit the pueblos mentioned 
 in the said proclamations of jurisdiction without prejudice to the 
 boundaries of the lands which belong to each one; and also, in order 
 to encourage them, I made them a grant of all the minerals which 
 might be found in the Chimayo mountain range according as they 
 might discover them and that I would carry out and observe the royal 
 ordinances of His Majesty, and that they be of good heart and keep 
 up their courage and that on my part I would assist them; and there 
 being present the reverend father Fray Francisco de Vargas, ecclesias- 
 tical judge in capite of this kingdom and its custodia and concourse, 
 and having in his company the reverend father preacher missionary, 
 Fray Antonio Moreno, whom he had chosen as guardian and minister, 
 I, the said governor and captain-general, said to the said settlers that 
 he being the chaplain of His Majesty appointed and named him as 
 their guardian and as such I gave him possession of the said chapel 
 in order that until they rebuilt their church it might serve them as 
 such, and thus I gave possession of the same to the said reverend 
 father, leading him into the same by the hand, and he arranged the 
 altar, going in and out; and for the greater formality and force of the 
 said possession and oath made in regard to the said Villa, I left my 
 said place with my said royal alferez and my lieutenant, directing my 
 royal alferez to place himself in the centre of the plaza, together 
 with my civil and military secretary, in order that he might pro- 
 claim that he defended and sustained the possession given by favor 
 of His Majesty at the said granted place and tract with the limits and 
 boundaries given and granted by me, the said governor and captain- 
 general, in the said royal name, to the said settlers with the honorary 
 title of Villa Nueva de los Espaiioles Mexicanos del Rey Nuestro 
 Seiior Don Carlos Segundo; that he came out to defend it as he would 
 defend it with his life, and thus with his drawn sword in his hand 
 he would sustain and did sustain it against all who might oppose it; 
 
24 SPANISH COLONIZATION IN NEW MEXICO 
 
 and I, the said governor and captain-general, with all present, cried 
 out all together, as loyal vassals of His Majesty, saying, 'Long live 
 the King our Lord, whom may God preserve, the Seiior Don Carlos 
 II, King of the Spaniards, and all of this New World and this new 
 town of the Mexicans and Spaniards, and which in his royal name 
 was founded with the title of Villa Nueva de los Mexicanos Es- 
 panoles, and increased, founded, and settled in the interest of his 
 Royal Crown, may he live for many years and reign over greater 
 domains and monarchies'; and having repeated the said acclamation 
 three times, throwing up our hats, three volleys were fired at the 
 same time, in congratulation upon the installation of the said settlers 
 with such honor and demonstrations of appreciation and jubilee; and 
 they asked me as a favor that I would give them a certified copy and 
 that I would order that they be given the same of the possesion as 
 well of the proclamation and the quality of the title specified in the 
 same in order that they might hold the same as such for the said 
 Villa; and in order that it may so appear, they signed it with me the 
 aforesaid, together with my lieutenant-governor and captain-general 
 and my civil and military secretary. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Luis Granillo [rubric] 
 "Sergeant Man!. Ballejo [rubric] 
 "Antonio Balverde de Cossio [rubric] 
 
 "The Alferez Real: Antonio Jorge [rubric] 
 
 "Before me: 
 
 Alphonso Rael de Aguilar 
 
 "Civil and Military Secretary." 
 
 "In this city of Santa Fe, on the twenty-third day of the month 
 of April of the year one thousand six hundred and ninety-five, I, the 
 said governor and captain-general, my personal presence being neces- 
 sary in the city of Santa Fe, and I having to go to the pueblos of 
 San Cristoval and Nambe, I order and leave orders with my lieutenant- 
 governor and captain-general that the separate lands of the district 
 and limits of the said Villa Nueva de Santa Cruz, the settlers hav- 
 ing been assembled and it having been ascertained which of them 
 have received and have been favored with grants of the tracts and 
 ranches already surveyed, to those to whom such grants have not 
 been made the said separate lands shall be given, marking off for 
 each settler and his family that which may be found to be sufficient 
 for the planting one one-half a fanega of maize, and in it he may 
 plant such other seed as he may have, and the said partition shall be 
 made in such manner as to satisfy the said settlers, and of the lands 
 that may be left over an account shall be made to me, and in order 
 
IN THE SEVENTEENTH CENTURY 25 
 
 that the said order may appear in this said decree I made it a part 
 of the proceedings, and I signed it, with my civil and military sec- 
 retary. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Before me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 "And immediately thereafter, on the said day, month, and year of 
 the date, I, the said governor and captain-general, having repeated to 
 the said Spanish Mexicans of the said Villa Nueva de Santa Cruz 
 the said order, I bade them good-bye and proceeded to the said pueblo 
 of San Cristoval, in the plaza of which place all its people were as- 
 sembled, together with those who had been settled at the said Villa 
 Nueva, and I confirmed the gi'ant which I had made to them in giving 
 permission to pass this summer on the same and to plant their crops 
 on its lands, and required of them that the crops which God our Lord 
 might be pleased to permit them to gather they should at once carry 
 to the new pueblo, which during this summer they would have to re- 
 build, since in the month of October they would have to occupy it, 
 leaving that of San Cristoval vacant in order that I might settle it 
 with Spaniards, as I had already informed them, and they replied 
 that they would so do; and I having again confirmed the grant made 
 In their favor of the said tract of Chimayo, I bade them good-bye, 
 leaving them happy; and in order that it may appear of record I made 
 it a part of the proceedings, and I signed it, with my civil and military 
 secretary. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Before me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 "On the said day, the twenty-third of April, of the said year, I, 
 the said governor and captain-general, the very reverend father custo- 
 dian. Fray Francisco de Vargas, having appointed as minister doctri- 
 narian to the mission of the Teguas of the pueblo of Nambe, pro- 
 ceeded with him to give him the possession, and, having entered 
 the said pueblo, its people were assembled to receive me with all po- 
 liteness, and they being in front of the principal site where they had 
 the chapel and the house adjoining the same for the said minister, I 
 dismounted, and, through the interpreter, I told them that I had come 
 to install the father who was to aid them and administer the holy 
 sacraments, he being the reverend father preacher, Antonio de 
 Acevedo, and in the said form I gave him possession of the said 
 chapel and house, and in testimony of the same I directed that the 
 doxology, etc., be prayed and sung three times, and I ordered the said 
 
26 SPANISH COLONIZATION IN NEW MEXICO 
 
 Indians to aid liim in all things and to fulfill their obligations as 
 Christians and to fail in nothing; and in order that the said possession 
 and the reply of the said natives that they would comply with and obey 
 all that I had ordered might appear of record, I signed it with my 
 civil and military secretary. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Before me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 Arrival of the families wiiich by order of His Excellency the, 
 Conde de Galve were procured and obtained by Captain Juan Paez 
 Hurtado, chief commissioner, appointed by me, the said governor and 
 captain-general. 
 
 "In this city of Santa Fe, the capital of this kingdom and prov- 
 inces of New Mexico, on the ninth day of the month of May of the 
 present year of one thousand six hundred and ninety-five, there ar- 
 rived at this city of Santa Fe, capital which it is of this kingdom and 
 provinces of New Mexico, the families which by order of his excellency 
 the viceroy, the Conde de Galve, with the approval of the general 
 committee of the ministers of the royal treasury and war, in March 
 of the past year of one thousand six hundred and ninety-four, ordered 
 me, the said governor and captain-general of this kingdom, to send 
 a chief commissioner possessing my confidence, to be appointed by 
 me, and Captain Juan Paez Hurtado possessing the same, I gave him 
 the commission and appointment in order that he might carry out the 
 said orders of his excellency the said viceroy, and he proceeded to the 
 kingdom of Galicia and the Real de Zacatecas and other places and 
 the families which he procured were forty-four, according to the list 
 made of the same and which I, the said governor and captain-general, 
 received in person, and in the presence of the said captain chief com- 
 missioner I gave them lodgings in the said city in the houses which 
 the settlers now at the Villa Nueva de Santa Cruz had occupied, and 
 in order that the said arrival may appear of record I signed it, with 
 the said captain chief commissioner and my civil and military secre- 
 tary. 
 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Before me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 Act of Transmittal. 
 
 "In this said city of Santa Fe, on the said day of the date May 
 nine and year one thousand six hundred and ninety-five, I, the said 
 governor and captain-general, Don Diego de Vargas Zapata Lujan 
 Ponze de Leon, having examined these proceedings, in order that his 
 
IN THE SEVENTEENTH CENTURY 27 
 
 excellency the viceroy, Coiide de Galve, which he is of all this king- 
 dom of New Spain, may be informed of what has been done in this 
 said kingdom in the royal service, in which I, the said governor and 
 captain-general have devoted the care and attention necessary for 
 his satisfaction, and in order to make transmittal of the same I directed 
 my civil and military secretary to make a literal copy of the said pro- 
 ceedings, as well as of the letter of transmittal with this said decree, 
 in order that being copied and compared in due form the same trans- 
 mitted and forwarded to his excellency the said viceroy, and more 
 particularly because the courier dispatched on the fourteenth of 
 January of the present year has not returned and the cause of his 
 delay is not known. And I signed it in this said city of Santa Fe on 
 the said day, month, and year, with my civil and military secretary. 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 "Berore me: 
 
 "Alphonso Rael de Aguilar [rubric] 
 "Civil and Military Secretary." 
 
 "Most Excellent Sir: 
 
 "Sir: Captain Juan Paez Hurtado, chief commissioner appointed 
 by me to bring the families which by order of your excellency he pro- 
 cured and obtained in the city of Zacatecas, having arrived at this 
 city of Santa Fe and having entered the plaza of the same to the 
 number of forty-four families, which I received and inspected per- 
 sonally, I going to the said plaza for the purpose, and also to lodge 
 them in the houses which were vacated by the sixty Mexican families 
 which your excellency also sent for the settlement of this kingdom, 
 and having succeeded in all that which I might and could desire for 
 the royal service of His Majesty in the Villa Nueva de Santa Cruz 
 de los Vecinos Mexicanos del Rey Nuestro Seiior Don Carlos Segundo 
 in a pueblo which the rebels oi the Thanos tribe had newly founded 
 on land which had belonged to Spaniards, and by the means of 
 which I have devised for the accomplishment of this difficult enter- 
 prise I succeeded as will be shown by the orders and proceedings had 
 of which I forward a certified copy to your excellency and this, upon 
 examination and consideration, will prove to your excellency that I 
 have been successful, and that I have secured at a short distance 
 another larger town of the said tribe which is vacant and free and I 
 have secured it for the month of October, when, God willing, I will 
 found and settle another town with these said families which we have 
 received and lodged today in this city of Santa Fe, and I will see that 
 both shall plant crops in order that they may be relieved from receiv- 
 ing rations as at present and living on the generosity and magnifi- 
 cence of your excellency, and it is very true that the transportation 
 of maize to this city has caused me much trouble because of the 
 distance of the kingdom of New Biscay and of there being no re- 
 sources any nearer. 
 
28 SPANISH COLONIZATION IN NEW MEXICO 
 
 "I am anxious and troubled because the courier whom I dispatched 
 on the fourteentli of January of the present year to your excellency 
 has not returned, and this also induces me to send this dispatch, in 
 order that I may ascertain the reason of his delay or know whether 
 he has been robbed or murdered; and I beg that your excellency will 
 send me duplicates of the orders and dispatches which your excellency 
 may have been pleased to forward to me by the said courier in order 
 that I may on my part duly execute the same; and I also hope that 
 your excellency has received the order that with the same your ex- 
 cellency may decide upon the reply to my letters of consultation for- 
 warded by your excellency to the supreme and royal council of the 
 Indies, as in this expectation I have delayed the said letters in order 
 that through its means they may be assured of their establishment; 
 and two missions have also been established, Nambe and the said 
 Villa Nueva, the doctrinal father serving the united pueblo of the 
 said Thanos. 
 
 "While I was absent from this city there arrived a band of Apaches 
 from the east, who are called Chiyenes, and they told in the town at 
 which they arrived which is of the Picuries tribe, how some men, 
 white and lighthaired, had destroyed a very large tribe of the Apaches 
 Conejeros, living much further inland than their own. The Chiyenes 
 then returned whence they came. This was told me by the alcalde 
 mayor and the father minister, who came to see me, and I having 
 asked the alcalde mayor why he had not detained them, he replied 
 that the leader of the band had said he would return with all his 
 people in September, and if God will permit me to live until his re- 
 turn I will hear what he has to say and judge of it accordingly, and 
 I did not wish to omit to give your excellency this information, to- 
 gether with the above, as I desire to serve your excellency in all 
 things; and may God preserve your excellency for many happy years. 
 Done in Santa Fe, on the ninth day of the month of May, one thous- 
 and six hundred and ninety-five. 
 
 "Most excellent sir, etc., 
 "Don Diego de Vargas Zapata Lujan Ponze de Leon 
 
 [rubric] 
 
 The official action of De Vargas by which these Indians were 
 thus dispossessed of these fertile lands caused a great deal of trouble, 
 and brought on the revolt, in large degree, the year following. 
 
 At the time of the re-conquest, in 1693, there returned from EI 
 Paso, not more than one half of the Spaniards who had been driven 
 out thirteen years before, as, all told, in 1693, soldiers and settlers 
 with De Vargas did not exceed eight hundred souls. 
 
 Of those who came as settlers, and were given lands at Santa 
 Cruz, we have an accurate physical description of each, and as it 
 may be of more than passing interest to their descendants, now living 
 in various parts of New Mexico, particularly in Santa Cruz and vicini- 
 ty and in Santa Fe, it has been thought worth while to give the de- 
 
IN THE SEVENTEENTH CENTURY 29 
 
 scriptive list. Their names and description, and tlie place fi'om whence 
 each came, are as follows: 
 
 Simon de Molina, son of Thomas, a native of Mexico, at San Juan, 
 
 forty years of age, more or less, medium height, pock-marked, 
 
 large eyes and rather thick nose. 
 Micaela de Medina, wife of the above, daughter of Cristobal, native 
 
 of San Juan, thirty years of age, able bodied, aquiline face, large 
 
 eyes. 
 Nicolas Francisco de 'Molina, son of the aforesaid, native of Mexico, 
 
 of the same quarter (San Juan), one year old, white and fair, 
 
 large eyes. 
 Maria Teresa de Molina, also child of the above mentioned, native of 
 
 Mexico, same quarter, four years old, broad face, swarthy color, 
 
 large eyes, thick nose. 
 Paula Antonio de Molina, daughter and sister of the aforesaid, native 
 
 of Mexico, same quarter, three years old, round face, swarthy 
 
 color, large eyes, and thick nose. 
 Andres de Bettancos, widower, son of Dn.Geronimo, native of Mexico, 
 
 San Augustine, forty years, medium height, round face, bald, 
 
 large eyes, and Greek nose. 
 Francisco de Bettancos, son of the above named, native of Mexico, San 
 
 Francisco, twenty years, able-bodied, aquiline face, broau forehead, 
 
 and rather thick nose. 
 Santiago de Bettancos, son and brother of the above mentioned, na- 
 tive of Mexico, aged nineteen, able bodied, chestnut hair, small 
 
 nose, and a mole on the cheek. 
 Antonio de Moya, son of Juan, native of Mexico, at Santa Teresa's, 
 
 twenty-one years of age, broad face, large eyes and forehead, 
 
 rather wide nose. 
 Francisca de Morales, wife of the above mentioned, daughter of Juan, 
 
 native of Mexico, at the Little Stairs (a las escalerillas), seventeen 
 
 years of age, able-bodied, round face, large eyes. 
 'Manual Rodriguez, son of Juan, native of Mexico, Calle de Velos, 
 
 twenty-seven year old, tall, round face, large eyes, and sharp nose. 
 Maria de la Incarnacion, wife of the above, native of Lameda (?), 
 
 daughter of Anttonio de Palacios, medium height, large face pock- 
 marked, circles under eyes, and swarthy color. 
 Joseph de Atienza, Sevillian, son of the same, native ot Mexico, at the 
 
 Arch of San Augustine, seventeen years of age, medium height, 
 
 aquiline face, white, and a mole on the left cheoK. 
 (Of) the family Trujillo, wife of the above, daughter of Nicolas, native 
 
 of Mexico, Calle Real, seventeen years of age, able-bodied, round 
 
 face, large eyes, and small nose. 
 Joseph Damian Trujillo, brother of the foregoing, native of Mexico, 
 
 same quarter, seven years of age, fat face, large eyes. 
 
30 SPANISH COLONIZATION IN NEW MEXICO 
 
 Juan Fernandez de Atienza Ladron de Guebara, son of the same, na- 
 tive of Puebla, twenty-five years of age, able bodied, aquiline 
 
 face, large eyes and forehead. 
 Teresa Fernandez, wife of the above, daughter of Martin, native of 
 
 P.:ebla, twenty-two years of age, round face, large forehead and 
 
 eyes, thick nose. 
 Santiago Manuel Fernandez de Atienza, son of the foregoing, native of 
 
 Mexico, at Orbillo (?), four years of age, aquiline face, large eyes, 
 
 and broad nose. 
 Maria de Ribera, widow, mother of the said Teresa, native of Puebla, 
 
 forty years of age, tall, large eyes. 
 Francisco de la Rosa, son of Don Antonio, native of Guejocingo, 
 
 twenty-six years of age, able bodied, swarthy, large forehead and 
 
 eyes, rather thick nose. 
 Antonio de la Zerna, native of Mexico, in the street of Don Antonio 
 
 de la Verara, twenty-four years of age, able bodied, large eyes. 
 Antonio Sayago, son of Juan, native of Mexico, twenty-five years of 
 
 age, aquiline face, swarthy color, large forehead and eyes. 
 Maria Samorra, wife of the above, daughter of Don Bartolome, native 
 
 of Mexico, thirty years of age, medium height, broad face, mole 
 
 on the right cheek. 
 Santiago de Arroyo, son of Simon, husband of the said Maria's first 
 
 marriage, Calle de Merced, nine years of age, red-skinned, large 
 
 eyes and small nose. 
 Juan de Sayago, nephew of the said Antonio de Sayago, and Maria 
 Samorra, native of Tezcuco, four years of age, swarthy, and marked 
 
 with smallpox. 
 
 Nicolas J iron, called Jeda, son of Thomas, native of Mexico, in the 
 street of the Ropemakers, fifteen years of age, able bodied, round 
 face, white, and some moles on the face. 
 
 Josepha Sedano, wife of the above, daughter of Pedro, native of Quere- 
 taro, thirteen years of age, medium height, aquiline face, white 
 and fair, large eyes. 
 
 Thomas de Itta (Zita?), son of Nicolas, native of Mexico, at Carmen, 
 twenty-four years old, tall, dark hair, large eyes, and in the cbia 
 on thfc right side the mark of a wound. 
 
 Anttonia Gutierrez, wife of the above, daughter of Mateo, native of 
 Mexico, sixteen years of age, tall, broad face, brown hair and eyes. 
 
 Santiago Jiron de Tejeda, son of the same, native of Mexico, twenty- 
 six years of age, swarthy, large forehead and eyes, rather snub 
 nose. 
 
 Maria de Mendoza, wife of the above, daughter of Graviel, native of 
 Mexico, twenty-two years of age, able bodied, broad face, large 
 forehead and eyes. 
 
 Jose Jiron, called Jeda, child of the before mentioned, native of Mexi- 
 co, two years of age, white and reddish, large gray eyes. 
 
IN THE SEVENTEENTH CENTURY 31 
 
 Gertrudes J iron de Tejeda, daughter and sister of the above named, 
 
 native of Mexico, four years of age, broad face, swarthy, large 
 
 black eyes, and small nose. 
 Jose Jaramillo Negrette, son of Nicolas, native of Mexico, thirty-eight 
 
 years old, able bodied, aquiline face, broad forehead, and a mole 
 
 on the left side. 
 Maria de Sotomayor, wife of the above, daughter of Mateo, native of 
 
 Mexico, thirty years of age, able bodied, large eyes, and a mole 
 
 on the left eye-brow. 
 Pedro Jose de Jaramillo Negrette, child of the same, native of Mexico, 
 
 six years of age, white, drak hair, forehead and nose small, eyes 
 
 large. 
 Maria de Anttonia Jaramillo Negrette, child of the above named, three 
 
 years of age, aquiline face, large eyes, and small nose. 
 Antonio de Ysassi y Aguilera, son of Mateo, native of Mexico, thirty- 
 eight years of age, medium height, large eyes and a mole on 
 
 the nose. 
 Gertrudes Hernandez, wife of the above, daughter of Mateo, native of 
 
 Mexico, twenty-eight years of age, medium height, round face, 
 
 swarthy color. 
 Jose Benito Ysassi y Aguilera, the supposed child of the above named, 
 
 native of Mexico, three years of age, round face, small eyes, and 
 
 rather flat-nosed. 
 Antonio Rincon de Guemes, son of Don Andres, native of Mexico, 
 
 thirty-six years of age, tall, aquiline face, large eyes swarthy color. 
 Antonia Valenzuela, wife of the above, daughter of Juan, native of 
 
 Mexico, twenty-eight years of age, able bodied, aquiline face, and 
 
 sharp nose. 
 Jose Rincon, child of the above named, native of Mexico, eight years 
 
 of age, round, reddish face, large eyes, and broad nose. 
 Maria Rincon, child of the above, native of Mexico, five years of age, 
 
 round face, large eyes and forehead. 
 Manuel Rincon, child of the above, native of Mexico, one year old, 
 
 swarthy, forehead and eyes large, nose small. 
 Jose Velasquez Cortez, son of Antonio, native of Seville, thirty-six 
 
 yearsof age, tall, broad face, marked with smallpox, broad 
 
 forehead, and deepset eyes. 
 Juana de Garas, wife of the above, daughter of Francisco, native of 
 
 Puebla, thirty years old, medium height, broad swarthy face, 
 
 large eyes. 
 Maria Velasquez Cortez, child of the above, native of Guamantla, 
 
 three years old, round face, small eyes and nose. 
 Jose Mascarenas, son of Felipe, native of Mexico, twenty-six years of 
 
 age, medium height, large eyes, and on the eyebrow and moustache 
 
 the make of a wound. 
 
32 SPANISH COLONIZATION IN NEW MEXICO 
 
 Maria de Acosta, wife of the above, daughter of Nicolas, native of 
 
 Mexico, eighteen years of age, medium height, swarthy, large 
 
 eyes, and small nose. 
 Josepha Melchora Mascarenas, child of the aforesaid, native of Mexico, 
 
 eight years of age, broad face, large eyes, and thick nose. 
 Christobal Marzelino, son of Bartolome de Guerra, native of Usuiia (?), 
 
 in the kingdom of Castile, eighteen years of age, able bodied, 
 
 round face, forehead and nose large. 
 Juana de Gongora, wife of the above, daughter of Juan, native of 
 
 Mexico, fourteen years old, medium height, aquiline face, and 
 
 large eyes. 
 Jose del Valle, son of Juan, native of Seville, thirty-eight years of age, 
 
 able bodied, aquiline face, forehead, eye and nose large. 
 Ana de Ribera, wife of the above, daughter of Layga, native of Tezcuco, 
 
 twenty-eight years of age, able bodied, broad face, large eyes, 
 
 and on the left side of the nose a mole. 
 Bernardino del Valle, reputed son of the above named,, native of 
 
 Mexico, nine years of age, round and swarthy face, large eyes, 
 
 and thick nose. 
 Francisco de Lima, bachelor, miner and quicksilver smelter by trade, 
 
 son of Antonio, native of Villafranca, fifty years of age, able 
 
 bodied, broad face, naiTOw forehead, and grizzled hair. 
 Petronila de la Cueva, widow of Juan de Gongora, daughter of Lorenzo, 
 
 native of Mexico, thirty-three years of age, medium height, aqui- 
 line face, large eyes, and on the lower part of the left cheek 
 
 a scar. 
 Christobal de Gongora, son of the above named, native of Mexico, 
 
 twenty years of age, white, marked around the eyes by smallpox, 
 
 three moles on the left cheek. 
 Maria Gertrudes de Gongora, daughter of the same, native of Mexico, 
 
 eight years of age, broad face, large eyes and forehead. 
 Francisca de Gongora, daughter of the same, sister of the above 
 
 named, native of 'Mexico, six years of age, aquiline face, large 
 
 eyes, and thick nose. 
 Gregoria de Gongora, sister of the above named, native of Mexico, 
 
 three years of age, white, ruddy, large black eyes. 
 Juan de Gongora, son and brother of those above named, native of 
 
 Mexico, one year old, white and ruddy, large gray eyes. 
 Sebastian de Salas, son of Bernardino de Salas, native of Sma. (Sala- 
 manca), twenty-five years old, medium height, swarthy, large eyes, 
 
 and mark of a wound on the forehead. 
 Maria Garcia, wife of the above, daughter of Nicolas, native of Puebla, 
 
 twenty-three years of age, able bodied, white, small nose, leather 
 
 deepset eyes. 
 Jose Cortez, son of Pedro, native of Puebla, forty years of age, medi- 
 um height, aquiline face, large eyes and forehead, and under the 
 
 nose a scar. 
 
IN THE SEVENTEENTH CENTURY 33 
 
 Maria de Carbajal, wife of the above, daughter of Ygnacio, native 
 
 of Queretaro, twenty-one years of age, able bodied, broad face, 
 
 white, large eyes. 
 Rafaela Cortez, child of the above, native of Mexico, large eyes and 
 
 forehead. 
 Antonio Godines, son of Don Francisco, native of Mexico, thirty-three 
 
 years of age, medium height, eyebrows joined, narrow forehead, 
 
 large eyes. 
 IVlaria Luisa Godines, daughter of the same, native of Mexico, fourteen 
 
 years of age, able bodied, round face, large forehead and eyes. 
 Jose Nunez, son of Nicolas, native of Mexico, twenty-two years of age, 
 
 round face, a mole on the chin. 
 Gertrudes de la Conde de Jariagerrera, wife of the above, daughter of 
 
 Thomas, native of Zelaya, twelve years of age, medium height, 
 
 swarthy, marked with smallpox, large eyes. 
 Jose Rodriguez, son of Juan, native of Santa Maria Real de Nicua (?), 
 
 forty years of age, medium height, round face, broad nose, and a 
 
 large number of moles on the face. 
 Maria de Sarrano, wife of the above, daughter of Juan, native of Mex- 
 ico, twenty-eight years of age, medium height, swarthy, large eyes, 
 
 small sharp nose. 
 Gertrudes Rodriguez, daughter of the above named .native of Mexico, 
 
 six years of age, large eyes and forehead, small nose, and chestnut 
 
 hair. 
 Juan Antonio Rodriguez, son of the same, native of Mexico, four years 
 
 of age, round reddish face, large eyes, and small nose. 
 Juana Rodriguez, daughter of the above named, native of Mexico, 
 
 two years old, round and reddish face, large eyes, small nose. 
 Manuel Vallejo Gonzales, son of Juan, native of Acazingo, thirty-three 
 
 years of age, tall, swarthy, bald, large eyes. 
 Maria Lopez de Arteaga, wife of the above, daughter of Bernabe, 
 
 native of Tacubaia, thirty-one years of age, medium height, black 
 
 hair, white, large eyes and forehead. 
 Angela Teresa Vallejo Gonzales, daughter of the first marriage of the 
 
 said Manuel Vallejo, native of Mexico, seven years old, swai'thy, 
 
 large eyes and forehead, thick nose. 
 Francisco de Porras, son of Juan, native of Madrid, forty years of 
 
 age, able bodied, broad forehead, and blind in right eye. 
 Dofia Ana Gonzales, wife of the above, daughter of Santiago, native 
 
 of Mexico, thirty years of age, able bodied, aquiline face, high 
 
 forehead, and broad nose. 
 Maria de Porras, daughter of the above, native of Mexico, thirteen 
 
 years of age, able bodied, broad face. 
 Juan de Medina, son of Melchor, native of Mexico, twenty years of age, 
 
 able bodied, tall, long face, large eyes, and thick nose, scar on 
 
 the left cheek. 
 
34 SPANISH COLONIZATION IN NEW MEXICO 
 
 Juana Marquez, wife of the above, twenty-six years of age, medium 
 
 heiglit, aquiline face, swarthy color, large eyes. 
 Nicolas Trujillo, son of Antonio, native of Cuba, forty years of age, 
 
 strong, growing gray, large forehead, and somewhat deepset eyes. 
 Maria Ruiz de Aguilar, native of Mexico, wife of the same, daughter of 
 
 Nicolas, thirty-four years of age, able bodied, large eyes, and 
 
 eyebrows joined. 
 Maria de Guadalupe, daughter of the same, native of Mexico, thirteen 
 
 years of age, medium size, aquiline face, swarthy color.. 
 Juana Teresa Trujillo, daughter of the above named, native of Mexico, 
 
 seven years of age, round face, rather flat nose, and a scar on 
 
 the forehead. 
 Micaeia Antonia Trujillo, daughter of the same, native of Mexico, two 
 
 years old, broad face, small broad nose, and high forehead. 
 Pedro de Aguilera, son of Rodrigo, native of Mexico, twenty-seven 
 
 years of age, able bodied, white, large nose, small eyes. 
 Juana de Torres, wife of the above, daughter of Francisco, native of 
 
 Mexico, twenty-eight years of age, able bodied, round face, high 
 
 forehead, and small nose. 
 Rodrigo de Aguilera, son of the aforesaid, native of Mexico, six years 
 
 old, broad face, eyes large and rather deepset, flat nose. 
 'Maria Casimira de Aguilera, child of the above, native of Mexico, 
 
 eleven years of age, medium size, aquiline face, gray eyes, and 
 
 small nose. 
 Mariana de Aguilera, daughter of the same, native of Mexico, five 
 
 years of age, round face, white, high forehead, small eyes. 
 Jose Maria de Aguilera, son of the same, native of Mexico, one year 
 
 and a half old, high forehead, large eyes, and small forehead 
 
 [evidently meant for "nose".] 
 Santiago Marquez de Aguila, son of Don Juan, native of Zelaya, nine- 
 teen years of age, able bodied, aquiline face, large eyes, the left 
 
 one rather dark. 
 Maria de Palacios, wife of the above, daughter of Antonio, native of 
 
 Vera Cruz, fifteen years of age, able bodied, round face, white, 
 
 and large eyes. 
 Juan de Medina, son of Jose, native of Mexico, twenty years of age, 
 
 medium height, eyebrows meeting, eyes and nose large. 
 Antonia Sedlano, wife of the above, daughter of Pedro, native of Quere- 
 
 taro, fourteen years of age, able bodied, white, pitted with small- 
 pox, and on the left eyebrow a scar. 
 Francisco de Espinosa, son of Don Antonio, native of Genoa, forty- 
 seven years of age, tall, red-faced, low forehead, a mole on the 
 
 left side of the throat 
 Maria de las Heras, wife of the above, daughter of Don Andres, native 
 of Tenango, in the Valley, thirty-five years of age, able bodied, 
 
 aquiline face, broad forehead, small nose. 
 
IN THE SEVENTEENTH CENTURY 35 
 
 Catarina de Espinosa, daughter of the above named, native of Mexico, 
 
 thirteen years old, white and fair, large eyes. 
 Maria Magdalena Espinosa, daughter of the above, native of Mexico, 
 
 ten years of age, round face, rather broad and flat nose, lai-ge 
 
 eyes and forehead. 
 Juana Antonia Espinosa, daughter of the above named,, native of Zaca- 
 
 tecas, eight years of age, aquiline face, white and fair, eyes and 
 
 forehead large. 
 Antonio de Silva, son of Salvador, native of Queretaro, twenty years 
 
 of age, able bodied, round face, swarthy color, large eyes, sharp 
 
 nose. 
 Gregoria Ruiz, wife of the above, daughter of Juan, native of Mexico, 
 
 twenty-two years of age, able bodied, broad face, pockmarked. 
 Gertrudes de Silva, daughter of the above named, native of Mexico, 
 
 three years of age, round face, large eyes, and small nose. 
 Gabriel de Ansures, son of the same, native of Puebla, thirty-eight 
 
 years of age, able bodied, aquiline face, large eyes, rather deepset. 
 Phelipa de Villa Vincencio Perez Lachuga, wife of the above, daught- 
 er of Domingo, native of Mexico, twenty-one years of age, able 
 
 bodied, round face, large eyes and forehead, small nose. 
 Jose de Ansures, child of the above (Gavriel) by second marriage, 
 
 nineteen years of age, tall, native of the city of Oaxaca, round 
 
 face, swarthy, meeting eyebrows, and low forehead. 
 Maria de Ansures, child of the above named, native of Mexico, nine 
 
 years old, white, freckled, eyes and forehead large. 
 Nicolas Ortiz, son of the same, native of Mexico, forty years old, me- 
 dium height, sharp nose, large eyes and bald. 
 Mariana Coronado, wife of the above, daughter of Francisco Hernan- 
 
 des, native of Jimiquilpa, twenty-eight years of age, able bodied, 
 
 broad face, and a mole on the cheek. 
 Josepha Ortiz, child of the above named, native of Pachuca, fourteen 
 
 years of age, aquiline face, swarthy color, high forehead, sharp 
 
 nose. 
 
 Manuela Ortiz, child of the above, native of Mexico, three years of 
 age, aquiline face, ruddy, black eyes, and small nose. 
 
 Nicolas Ortiz, child of the same, native of Mexico, ten years of age, 
 aquiline face, freckled, high forehead, and broad nose. 
 
 Antonio Ortiz, child of the above named, native of Mexico, eight years 
 old, bright, reddish color, and rather thick nose, large eyes. 
 
 Louis Ortiz, child of the above named, native of Mexico, six years of 
 age, bright red color, large eyes, small flat nose. 
 
 Francisco Ortiz, child of the above named, native of Mexico, one year 
 old aquiline face, white and ruddy, large eyes. 
 
 Miguel de Figueroa Nunez de Chavez, son of Santiago, native of Pue- 
 bla, thirty-six years of age, medium height, broad face, large eyes 
 and forehead, thick nose, and on the left cheek a mole. 
 
36 SPANISH COLONIZATION IN NEW MEXICO 
 
 Maria de Mirabal, wife of the above, daughter of Juan, native of Mex- 
 ico, fifteen years of age, able bodied, aquiline face, white and 
 fair, large eyes, and sharp nose. 
 
 Anton ia de Torrezillas, widow of Juan Lopez de Mirabal and mother 
 of the above named Maria de Mirabal, native of Mexico, thirty- 
 six years of age, able bodied, broad face, large eyes and forehead, 
 sharp nose. 
 
 Jose de Mirabal, child of the said Juan Lopez de Mirabal and the 
 said Antonia de Torrezillas, native of Mexico, ten years of age, 
 aquiline face, white and red, large eyes and forehead. 
 
 ^Manuel de Cervantes, son of the same, native of Mexico,, eighteen 
 years of age, able bodied, round face, and on the right side of 
 the chin a scar. 
 
 Francisca Rodriguez, wife of the above, daughter of Juan, native of 
 Mexico, fifteen years of age, medium size, aquiline face, and on 
 the right side of the forehead a mole. 
 
 Miguel de la Vega y Coca, son of Christobal de la Vega, native of 
 Mexico, sixteen years of age, able bodied, aquiline face, white, 
 eyes small. 
 
 Manuela de Medina, wife of the above, daughter of Alonzo, native of 
 Mexico, sixteen years of age, able bodied, swarthy color, large eyes, 
 and rather thick nose. 
 
 Josepha de Cabrera, widoAV of Alonzo de Medina, mother of the said 
 Manuela, native of Mexico, thirty years old, aquiline face, large 
 eyes, and small nose. 
 
 Manuela Martinez de Gamboa, son of Nicolas, native of Mexico, eigh- 
 teen years of age, able bodied, round face, and on the right side of 
 the forehead and the left side of the head a scar. 
 
 Ysabel Cabo Montesuma, wife of the above, daughter of Don Manuel 
 de Proenza, native of Mexico, sixteen years of age, able bodied, 
 large eyes, sharp nose. 
 
 Miguel de Quintana, son of Jose, native of Mexico, twenty-two years 
 old, able bodied, round face, small forehead, large eyes, and a 
 mole in the chin. 
 
 Gertrudes de Trujillo, wife of the above, daughter of Nicolas, native 
 of Mexico, fifteen years of age, medium height, aquiline face, large 
 eyes, and small nose. 
 
 Juan Manuel Martinez de Cervantes, son of the same, native of Mexi- 
 co, twentj^-seven year of age, round face, swarthy, large eyes, 
 and broad nose. 
 
 Catarina die Los Angeles, wife of the above, daughter of Francisco 
 Collacos, native of Mexico, twenty-four years of age, aquiline 
 face, large eyes and forehead. 
 
 Azalia de la Cruz, servant of the above, thirty-six years of age, able 
 bodied, broad face, large and sharp nose, swarthy color. 
 
 Jose Sanchez, son of Lucas, native of Mexico, tall, round face, meeting 
 eyebrows, rather flat nose, twenty-six years of age. 
 
IN THE SEVENTEENTH CENTURY 37 
 
 Josepha Gomez de Ribera, wife of the above, daughter of Alonzo, 
 
 native of Mexico, thirty-two years of age, middle height, aquiline 
 
 face, and on left cheek two moles. 
 Ygnacio de Aragon, son of Juan, native of Mexico, thirty-two years 
 
 of age, middle height, aquiline face, higli forehead, and small 
 
 sunken eyes. 
 Sebastiana Ortiz, wife of the above, daughter of Nicolas, native of 
 
 Mexico, twenty-seven years old, aquiline face, large eyes and fore- 
 head, small sharp nose. 
 Maria de Aragon, daughter of the above, native of Mexico, eight years 
 
 of age, aquiline face, high forehead, black eyes, and small nose. 
 Juan Antonio de Esquibel, son of Francisco, native of Mexico, thirty 
 
 years old, broad face, swarthy, and between the brows a scai-. 
 Maria de San Nicolas, wife of the above, daughter of Francisco 
 
 Vangel, native of Mexico, twenty-one years old, swarthy color, 
 
 large eyes and forehead, and sharp nose. 
 Magdalena de Esquibel, child of the above named, native of Mexico, 
 
 twelve years of age, round face, pockmarked, and swarthy. 
 Jose Garcia Jurado, son of Fernando, native of Mexico, forty years of 
 
 age, tall, broad forehead and nose, small deepset eyes. 
 Josepha de Herrera, wife of the above, daughter of Augustin Mazin, na- 
 tive of Oricana, thirty years of age middle height, large eyes, 
 
 low forehead, and heavy eyesbrows. 
 Antonio Garcia Jurado, son of the said Jose Jurado, native of Puebla, 
 
 seventeen years of age, able bodied, high forehead, small eyes, 
 
 scar below the chin. 
 Ramon Garcia Jurado, brotlier of the aforesaid, native or Puebla, 
 
 thirteen years of age, broad face,, large eyes, small nose, and 
 
 on left cheek a scar. 
 Andres de Cardena, son of the church, native of Puebla, forty-six 
 
 years of age, able bodied, swarthy, high forehead, small eyes, 
 
 and a scar oh the upper part of the forehead. 
 Juana de Avalos, wife of the above, daughter of Nicolas, native of 
 
 Mexico, thirty years of age, right eye sightless. 
 Petrona Maria de Cardenas, daughter of the above named, native of 
 
 Mexico, eleven years of age, swarthy, and on the left cheek a 
 
 mole. 
 "Maria Teresa de Cardenas, sister of the above described in the pre- 
 ceding paragraph, native of Mexico, two years old, aquiline face, 
 
 and high forehead. 
 Juan de Gamboa, son of Santiago, native of Puebla, thirty-four years 
 
 old, able bodied, small eyes, sharp nose, and pockmarked. 
 Maria de Zepidia, wife of the above, daughter of the church, native 
 
 of Mexico, thirty years old, middle height, aquiline face, high 
 
 forehead, small deep-set eyes. 
 Juan de Gamboa, child of the above named, native of Mexico, eleven 
 
 years of age, swarthy, high forehead, small nose. 
 
38 SPANISH COLONIZATION IN NEW MEXICO 
 
 Juana de Gamboa, daughter of the aforesaid, native of Mexico, eight 
 years of age, swartliy, aquiline face, and three moles on the face. 
 
 Catarina de Gamboa, sister of the foregoing, native of Mexico, one 
 year old, swarthy, large eyes, small nose. 
 
 Juan Lujan, son of Estevan Barba, native of the Province of New 
 'Mexico, thirty-four years of age, able bodied, swarthy, rather 
 deep-set eyes, and under the left eye a scar. 
 
 Petrona Ramirez, wife of the above, daughter of Isidor, native of 
 Parral, thirty years of age, reddish skin, round face, large eyes. 
 
 Juan Lujan, son of the above, native of the town of Parral, four years 
 old, red skin, and round face. 
 
 Juan Ruiz Cordero, son of Geronimo, native of Medina Sidonia, twen- 
 ty-two years old, swarthy, and a scar on the left side. 
 
 Maria Nicolasa Carillo, wife of the above, daughter of Nicolas, native 
 of Mexico, twenty years old, middle height, swarthy, large eyes, 
 rather flat nose, and large mouth. 
 
 Miguel Geronimo del Aguila, son of Nicolas, native of Caeza, thirty 
 years old, able bodied, large eyes, sharp nose, and a scar at one 
 side of the right eye. 
 
 Geronima Dias Florida, wife of the above, daughter of Ignacio, native 
 of Mexico, twenty-three years old, able bodied, large eyes, two 
 moles on the face. 
 
 Josepha Antonia de Aguila, daughter of the above named, native of 
 Mexico, Calle Virtud, ten years of age, pockmarked, and large 
 eyes. 
 
 Juan Cortez, son of Don Fernando, native of Mexico, at San Lorenzo, 
 thirty-six years of age, medium height, swarthy, sharp nose, 
 rather sunken eyes. 
 
 Maria de Ribera, wife of the above, daughter of Juan, native of the 
 town of Los Angeles, thirty years old, small, freckled, small nose, 
 and large eyes. 
 
 Andrea Cortez, daughter of the aforesaid, native of Mexico, at Santa 
 Clara, rather broad nose. 
 
 Santiago Cortez, child of the above named, native of Mexico, at Santo 
 Domingo, twelve years of age, chestnut hair, white, large eyes. 
 
 Juana Cortez, also child of the above named, native of Mexico, at 
 Santa Clara, eleven years of age, broad face, flat nose, and pock- 
 marked. 6 
 
 Joaquin Cortez, son and brother of the above named, native of Mex- 
 ico, three years of age, white, and bright red complexion, and 
 large eyes. 
 
 Tomas Palomino, son of Fernando, native of the port of Santa Maria, 
 twenty-six years old, middle height, white, pockmarked. 
 
 Gertrudes Bautista OiivarcE, wife of the above, native of Mexico, 
 Calle de Veloz, twenty years of age, daughter of Martin Bautista, 
 medium height, aquiline face, high forehead, and small nose. 
 
IN THE SEVENTEENTH CENTURY 39 
 
 Manuel Palomino, son of the above, native of Mexico, fourteen years 
 
 of age, white, large eyes, nose rather broad. 
 Bartolome de Luna, nephew of the above named (Gertrudes), son of 
 
 Tomas, native of San Juan Teoteguacan, eighteen years of age, 
 
 swarthy, narrow forehead, broad nose, and pockmariced. 
 Juan de Paz Bustillos, son of Francisco, native of Mexico, Calle de 
 
 Vergara, twenty-nine years of age, medium height, high fore- 
 head, deep-set eyes, and sharp nose. 
 Manuela Antonia de Alamias, wife of the above, daughter of Jose, 
 
 native of Istlehuaca, twenty-eight years of age, medium height, 
 
 aquiline face, scar on forehead. 
 Josepha Antonia de la Paz Bustillos, daughter of the above named, 
 
 native of Mexico, Calle de Alameda, nine years of age, round, 
 
 rather muddy face, and flat nose. 
 Antonia de la Paz Bustillos, son of Javier, brother of the above named, 
 
 seven years of age, native of Mexico, Calle de Veloz, round face, 
 
 large black eyes, and thick nose. 
 Santiago de Salas, son of Antonio, native of Mexico, at San Francisco, 
 
 nineteen years of age, able bodied, round face, swarthy color, 
 
 and mole on the right cheek. 
 Maria Luisa de Senorga, wife of the above, daughter of Santiago, 
 
 native of Mexico, at Santa Catalina Martyr, fifteen years of age, 
 
 medium size, large eyes and forehead, sharp nose. 
 Santiago Senorga, son of the same, ana brother of the above men- 
 tioned (Maria), native of Mexico, seventeen years of age, middle 
 
 height, high forehead, small eyes. 
 Cristobal de Valverde, son of Juan, native of Mexico, a La Merced, 
 
 nineteen years of age, able bodied, swarthy, large eyes, broad 
 
 nose, three moles on the right side of nose. 
 Ynez de Aspina, wife of the above, daughter of Bartolome, native 
 
 of Mexico, at Santa Catalina, seventeen years of age, able bodied, 
 
 swarthy, large eyes, and sharp nose. 
 Miguel Ruiz, brother of the aforesaid, Cristobal, native of Mexico, 
 
 ten years of age, curly hair, large eyes. 
 Teresa Maria, daughter of the above named couple, two years of age, 
 
 native of Mexico, white, black hair, eyes, and eyebrows." 
 
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