Mission 2000 Database

Notes: This is not an exact death or burial date. Petronila died sometime prior to April 3, 1730

(folio 1; microfilm frame 693)
Lord Governor, Purveyor, and Vicar General, Judge of Testaments, Chaplaincies, and Pious Works

The Bachiller Diego Gonzalez Periañez, priest of this holy church, appears before His Lordship and says: that Petronila de Jesús, the Indian wife of Pedro Claudio, the slave of Don Martín de Inza, presbyter chaplain of the hermitage of Our Lady of Guadalupe, has died at the home of the said Don Martín, because she was the wife of the said slave who was serving him at the time; that she was seized by a sudden illness from which she died; and that in this condition I was called upon in person by the aforesaid individual. I provided a funeral for the body, as also I was asked to make the arrangements to take care of the burial. I notified him authoritatively at that time of the fees, so that they might be paid. He refused to comply for strange reasons that have brought about this action, notwithstanding that the payment of parochial fees is very obligatory so that stipends may be computed. I provided, then, on that day, a
(folio 1v; frame 694-left)
funeral with low cross for the body of the said Petronila. It was a three peso funeral, which is the parochial fee, accompanied by the amount of the said burial of eighteen pesos and four reales, none of which has been paid. Therefore, I am bringing the said action against him for its consideration and justice, etc.
I beg His Lordship to order the said Don Martín de Inza to pay me the expressed fees for the burial of the said Petronila. I ask for necessary costs and expenses, etc.
Bachiller Diego Gonzalez Periañez (rubric)

Decree
In the city of Durango on the 3rd day of the month of April in the year of 1730, before Lord Doctor Don Manuel Sebastian Cano, Governor, Judge, Purveyor, and Vicar General and Ordinary of Testaments, Chaplaincies, and Pious Works, and Examiner of Curates and Confessors in this Bishopric of the New Kingdom of Vizcaya for the Most Illustrious Lord Doctor Don Benito Crespo of the Order of Saint James by the grace of God, and of the Holy Apostolic See, Bishop of this said Bishopric of the Council of His Majesty, etc.
My Lord:
I present this writing by the Bachiller Don Diego Gonzalez Periañez, Rector Priest of the Cibary of this Holy Catholic Church of this (page torn away) and its proper Lordship, and collector and solicitor of the (page torn away) fees that are owed and mandated, and which the Lordship mandates, that is to notify
(folio 2; frame 694-right)
the Bachiller Don Martín de Inza, Presbyter Chaplain of the Sanctuary of Our Lady of Guadalupe that in legal form and under oath inverbo sacerdoti facto pectore (Latin) according to the contents of this writing, he must declare if the deceased Petronila de Jesús was the wife of his slave, Pedro Claudio; in what house or place she became sick with the illness from which she died; and if she was living at the time as the wife of his slave; or, if that was previously, he must say at what time [she did live as his wife]; and if she did not die in his own residence, what was her disposition; and, finally, after she had died, did he personally attend the burial. The said declaration must be dated and reviewed by him for his approval. It was thus provided, mandated, and signed by His Lordship.
Doctor Francisco Sebastian Cano (rubric)
Before me: Joseph Andres de Aragón (rubric), Notary Public

Declaration of Notification
In the City of Durango on the 17th day of the month of April in the year 1730, I, the undersigned notary, made known, read, and notified Bachiller Don Martín de Inza, Presbyter Chaplain of the Sanctuary of Our Lady of Guadalupe, in person of the foregoing decree such that he understood its contents. He swore under oath
(folio 2v; frame 695-left)
regarding the first question that he had read that it is true that Pedro Claudio, his Mulatto slave, was married to the deceased Petronila de Jesús as certified in the books administered by the lord priest. In answer to what is written in the second interrogatory he responded that the said deceased person became sick with the disease from which she died at the home and in the company of her mother, which is well-known public information, over which he did not have, nor does he now have any power, because she was independent of his authority. Upon seeing the third question he responded that the said deceased person, before she was married, worked for him for some five years at a wage adjusted for Indians, of which nothing was left owing. Before the time of the wedding, however, the said deceased person owed him, of which nothing was ever paid. At the time she was married she was free and in charge of her own will because, although she entered and left the home of the declarer, it was for the reason that she was the wife of his slave whom she lived with. This is well-known and public information. Upon leaving this person she was living with, she said to his slave that she was going in search of someone to supply food for her because she had no one to feed her. For several days she provided food for her husband, and this was without living by consent in the house of the declarer. The Mulatto slept at the house of the declarer for his own convenience. In answer to the last question he said that it is certain and true that he went charitably to see the lord priest to have the said deceased person buried as a poor person because her mother had asked for church alms. The Mulatto could not go because he was at home, since the declarer was the one obliged to go see the lord priest. This is the truth according to the oath that he made, and having read it, he confirmed that it is his declaration and ratified it. It is further added that in reference to what occurred, the expressed (page torn away) of one year of marriage, saying that he did not go to provide food for his wife. He responded that because of that, she was in charge of her own will, the
(folio 3; frame 695-right)
precedent being set by her bringing food to her husband all those days. This declaration was made in the house of the declarer. He declared that he is sixty-four years of age and he signed with me, the notary, which I hereby certify.
Don Martín de Inza (rubric)
Joseph Andres de Aragón (rubric), Notary Public

Decree
In the City of Durango on the 24th day of the month of April in the year 1730, Lord Doctor Don Manuel Sebastian Cano, Governor, Judge, Purveyor, and Vicar General and Ordinary of Testaments, Chaplaincies, and Pious Works, and Examiner of Curates and Confessors in this Bishopric of the New Kingdom of Vizcaya for the Most Illustrious Lord Doctor Don Benito Crespo of the Order of Saint James by the grace of God, and of the Holy Apostolic See, Bishop of this said Bishopric of the Council of His Majesty, etc.
My Lord:
Having seen the preceding answer given under oath by Bachiller Don Martín de Inza, Presbyter, and in reference to the circumstances therein, it is apparent that the deceased Petrona de Jesús, who was the wife of his Mulatto slave, worked for him for five years before they got married and she slept many nights at his house after the marriage. He certifies for His Lordship that it was he, the said Bachiller, who arranged for the marriage of the above mentioned couple and who gave his permission and paid the corresponding fees. Concerning the fees of the present notary, as with all others prescribed by His Lordship,
(folio 3v; frame 696-left)
in consequence of these same circumstances and those that must be put in execution currently in every case: It must be declared, and His Lordship declares, that the said Bachiller Don Martín de Inza must promptly pay the eighteen pesos and four tomines of the parochial fees for the burial of the said Petronila de Jesús that brought about this claim. In conformance with this it should be ordered, and His Lordship did order, that I provide notification that the payment should be effectively collected. In case of default the administrative high constable shall commence debt collection in accordance with what is right. Payment will be executed if he has to request, make a plea, or allege. It will be done in the ordinary way. Justice will be heard and maintained in whatever form it should have to take. If, to accomplish such, testimony should be asked for, the present notary will give it to all authorities that need it, in the public form and manner required. His Lordship so provided, ordered, and signed.
Don Manuel Sebastian Cano (rubric)
Before me: Joseph Andres de Aragón (rubric), Notary Public

Notification
In the City of Durango on the 13th day of the month of May in the year 1730, I, the undersigned notary, made known
(folio 4; frame 696-right)
read, and provided notification of the foregoing decree, as a bill of collection, to Bachiller Don Martín de Inza, Presbyter, in such a way that he understood the expression and contents of the said decree. In regard to it, he said it is not justified, whether he owes it or not, to pay as though it were not owed by others, speaking of the alms. He appeals the decree of His Lordship before whoever will hear it, and he does it by the rights allowing him to be able to do so. I testify of it and he gave this as his answer and signed it.

Don Martín de Inza (rubric)
Joseph Andres de Aragón (rubric), Notary Public

Decree
In the City of Durango on the 16th day of the month of May in the year 1730, Lord Doctor Don Manuel Sebastian Cano Governor, Judge, Purveyor, and Vicar General and Ordinary of Testaments, Chaplaincies, and Pious Works, and Examiner of Curates and Confessors in this Bishopric of the New Kingdom of Vizcaya for the Most Illustrious Lord Doctor Don Benito Crespo of the Order of Saint James by the grace of God, and of the Holy Apostolic See, Bishop of this said Bishopric of the Council of His Majesty, etc.
My Lord:
In view of the answer given by Bachiller Don Martín de Inza, Presbyter, His Lordship said, notwithstanding the response, that the present notary should go and return, accompanied by the commissioned administrative high constable of this tribunal, to notify the aforementioned Bachiller of the value of eighteen pesos and four tomines for the burial that is demanded and in default of punctual execution. The said high constable is to attach goods equal to the current amount and seize them in accordance with his right to do so, publish the results, and sell them for
(folio 4v; frame 697)
the highest and best bid. He will then charge the debt to the amount received and, after the ten days required by law, deliver the said amount to the rector priest of the Cibary of this Holy Church. He will provide testimony as requested for whoever needs it in the aftermath of the above mentioned appeal. In the appointed time the said priest will have his claim. It was so provided, ordered, and signed by His Lordship.
(faded, illegible signature and rubric)
Before me: Joseph Andres de Aragón (rubric), Notary Public

Certification
Joseph Andres de Aragón, Notary Public of the Episcopal Court of the City of Durango, certifies and declares in truthful testament concerning what was wanting and owed, and no more, that he went to the Sanctuary of Our Lady of Guadalupe that is outside the walls of this city, accompanied by Joseph Ignacio Moreno, tribunal constable of this Episcopal Court, where he made known, read, and gave notification of the preceding decree to Bachiller Don Martín de Inza, Presbyter Chaplain of the said sanctuary, in person. Having understood it, he wanted to expand on his previous response, in that he was unable to provide for the execution of the said decree. In conformance with that statement he said that he has no pesos nor goods with which to make the payment of the eighteen and a half that is demanded. He was told twice to show his goods. Each time he responded that he had none. This testimony is given of what had to be asked to bring about closure and, although insistence was made, cooperation was not received and neither the payment nor seizure of goods was accomplished. I certify it to be so and provide this as evidence of my completion of my obligation. In the said sanctuary on the (page torn away) of June in the year 1730.
I here sign in testimony of truth
Joseph Andres de Aragón (rubric), Notary public