Los PRIMEROS NEGROS eN LAS AMERICAS

[fo. 371r.]

                                        +

                                     three hundred and seventy one /

                            Very Powerful Lord                                 371 /

                                      +     [   ? ]   [  ? ] 

Juan de Esquivel,  in the name of don Alonso de Avila, in the lawsuit against /
Juan Daza about the mayorazgo, [I] say that today, my party has /
presented before your highness, jointly with the supplication and damages, /
as it is declared in it, which are those.  And so there is no doubt, I say /
[  ] the documents I am presenting are: the deed of approval /
that Juan Daza did of the freedom that Gaspar de Avila /
[  ] to María and Francisca de Avila, her daughter, slaves of the said mayorazgo /
[  ] which is signed  and marked with the sign of Lorenzo Gariciai, public notary, and a  /
testimony that was taken out of the book of baptisms by Pedro Bautista, notary /
[   ] Daza, older son of Juan Daza and the paulina and depositions /
[   ] made in accordance to it by Elvira de la Torre and doña Ysabel /
[   ] Torres and Francisco de Castro [Otañez? / Otando?] and Francisco de Avila and doña Al /
[don]za de Avila, and a record of a law suit that was tried between M[  ] /
[  ]te  [crossed out ] and Gaspar de Avila y /
Daza about the alienations  of the said entailed state, and whether [  ] /
[   ] he presented them again ______ / 

[   ] I supplicate and ask that your highness may deem them presented and orders the /
[   ] of this trial to give me a certification of the presentation of the said /
[   ] deeds and how they remain in your power, and I ask for justice /

                             [Rubric:] Joan Desquibel [Rubric] / 

[fo. 373r.]

 

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                                                                      four /

                                                                                373/

                              Three hunderd and seventy three / 

I Pedro Bautista, notary public of the archdiocese court /
of this very noble and loyal city /
of Santo Domingo of the Española island of the /
Ocean Sea, give faithful and truthful testimony /
to the gentlemen that may see this on how /
in a book which is at the holy catedral /
church of this said city in which /
are recorded for rememberance the children /
baptized in the said church, among /
other chapters that in the said book are /
mentioned and written, there is a chapter /
that says in the follwing manner / 

Luis son of Juan Daza and of Doña Elvira Guillén /
his legitimate wife, was baptized /
by me, Sebastián Castellanos, priest of this /
holy church, on eighteen days of the month /
of December of this year of one thousand and five hundred /
and fifty nine. The godparents were /
Sebastián Núñez and his wife María Hernández /
and [Alonso? /Alvaro?] de la Fuente, poor, and becuase /
it is true I signed it with my name /
Sebastián Castellanos / 

In testimony of which, per request /

[fo. 373v.]

[    ]
Del bau[  ] /
De luis dabila /

from the party of [Alonso?] [Alvaro?] de Avila, and as per order from the /
señores presidentes and oidores of this royal /
audiencia, I gave the present one, copied from the said book /
which is in my power, to which I am referring, /
in the said city of Santo Domingo, fifteen /
days of the month of October of one thousand and five hundred /
and seventy five years. And therefore I signed /
with my name and marked my customary /
sign which is as follows /
[Rubric] [Notary’s sign] in testimony of truth /
[Rubric] Pedro Bautista [Rubric]  /

                       notary / 

[fo. 374r.]

[  ]/
of freedom /
of 2 /
female slaves /
of the mayorazgo/
given by Gaspar /
[ ]
and Juan de Avila/
[   ]
[   ] 1556 /

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                                                    five /

                       +

three hundred and seventy four    374 /

This is a copy, well and /
faithfully done of a /
written deed of approval /
of freedom, written /
on parchment, marked with a sign and signed /
by Diego Herrera, notary of their /
majesties, as it is shown on it, /
the content of which is the following / 

In the name of God, amen, those /
who may see this approval deed, be aware /
how I, Juan Daza, denizen and councilman of the city /
of Concepción de La Vega, which is in /
this Española island, resident at present /
in this very noble and very royal /
city of Santo Domingo of the port of this said /
island, acknowledge to you María de Avila /
of color prieta, and to you Francisca, mulata,/
her daughter, who are absent and I say that, /
since Gaspar de Avila, denizen and /
councilman of this said city, my cousin, /
issued a deed of freedom to you before the notary /
mentioned below on twenty one days /
of the month of January of this present year /
of the date of this letter. And since you /
were included in the number of slaves / 

[fo. 374v.]

that Francisco de Avila, my lord that may be in glory /
left counted among the others, and I /
succeed in the said house after the said /
Gaspar de Avila, [since] he has no heirs, /
and so there is more certainty and /
confirmation of the said deed of freedom, /
in as far as I am and may and should /
be concerned in any manner /
as best as it may be legally convenient, I accept /
and acknowledge by this present deed that /
I ratify and approve the said deed of /
liberty, according to and in the manner that /
it contains, and if necessary, /
I do it and accept it again as far /
as I am concerned, and I promise and commit myself /
to keep and respect and comply with it, and to /
not act against it now nor at any time /
nor in any manner. And if I were to /
go against it, it should not be valid /
and I should fall in and incur penalty of one /
thousand pesos of gold for you, the said ones, /
also with all the costs, damages, /
interests  and lessening that, because of this /
may fall and accumulate upon us.  And the /
said penalty having been paid or not, this deed /
of approval that I thus acknowledge and /
issue to you must be valid. And he reaffirms himself in everything and /

[fo.375r.]

                                                             six /

                            three hundred and seventy 37[   ]/
                                    and five /

for everything, in accordance to and in the way it is contained in it.  /
To comply with this and assure it /
I oblige my person and mobile /
as well as real estate assets, current and future. And for /
the execution and compliance with it, I hereby /
give and grant full power /
to all and any justices and judges /
of their majesties, may they be of this said /
city or from any parts and places, /
code and jurisdiction. /
I subject myself with my person and assets /
to the code and jurisdictions of each of these [authorities], /
especially to those of this said city, as I explicitly resign /
my own code and jurisdiction and domicile and /
neighborhood, as well as the si convenerit de ju/
ridiçione [onin?] judicun law so that /
neither I nor anybody else in my place /
may be called to trial, listened to /
or defeated about this said reason, /
may capture and do capture me and deliver /
and confiscate against the said my /
person and assets and may sell and /
auction them of in public auction or otherwise, /
so that the maravedís and /
pesos of gold that they are worth are delivered / 

[fo. 375v.]

and you are paid what is owed to you /
of the principal and costs and of the said /
penalty of the double, if there is good in it , /
so and so thoroughly as if /
the said justices or any of them /
had so judged and sentenced upon it as /
their definitve judgment and sentence, and [as if] the /
said sentence had been allowed by me /
and accepted as a thing judged upon.  In regards to /
this, I resign all and any laws /
codes and rights, practices and customs; /
royal, canonical, civil and municipal rulings and /
Leyes de Partidas. And any other favors, /
permits and liberties and  /
suspensions, earned or to be earned /
held or to be held, from which in this /
case I may help myself and benefit from, /
they should not be valid for me.  And I especially/
resign the law and rule of /
justice that says that any general /
renouncing of laws that is done cannot be valid. /
The deed was done in the said city of Santo /
Domingo, being in it the audiencia /
and chancilleria real of his majesty. Tuesday /
twenty eight days of the month / 

[fo. 376r.]

~

                                                          seven /

                       three hundred and seventy /
                            six ___ /

of April, year of the birth of our savior/
Jesus Christ of one thousand and five hundred and fifty /
six years. Witnesses who were present /
to what was said: Juan de Monrroy and Alonso /
de Peña and Pedro López and Goonzalo Hostios, /
denizens and resdidents in this said /
city. And the said grantor signed it /
with his name in the register of this deed. /
Juan Daza. And I Diego de Herrera, /
their majesties, was present to what has been said /
and therefore I did my sign here on such /
of April, year of the birth of our savior/
Jesus Christ of one thousand and five hundred and fifty /
and six years.  Witnesses that were present /
to what was said: Juan de Monroy and Alonso /
de Peña and Pedro López and Gonzalo Hos/
tios, denizens and residentes in this said /
city.  And the said grantor signed it /
with his name in the register of this deed.  /
Juan Daza and I, Diego de Herrera, notary /
of their majesties, was present to what was said /
and therefore did here this my sign /
at such in testimony of truth. Diego de /
Herrera notary of their majesties. / 

This said copy was done and copied from the /
said original deed of approval /
at the said city of Santo Domingo on Tuesday/
ten days of the month of november of one thousand /
and five hundred and seventy and three years.  /
Luis de Alcalá and Luis Pérez de Calatrava and Miguel /
del Valle, denizens of this city, were witnesses to /
its copying and correcting.  And I, Lorencio García, notary /
of their majesties and public of this said city of Santo Domingo, /
was present  to all /

that has been said together with the said witnesses, and I had it written and copied  as it is said, and /
therefore marked my sign here /

[Rubric] [Notary’s sign] In testimony of  truth [Rubric] /
[Rubric]    Lorencio García, notary   [Rubric] /
                  of his majesty and public [Rubric]  /

[…]

[…] 

[fo. 434v.]

~

~

 

~

the records of  Diego de Herrera, /
[he] must give me an authorized copy /
of a deed of freedom /
that Garpar Davila granted in /
favor of María Dávila and Francisca /
mulatto female, her daughter, slaves of the /
said entailment / 

To your highness I supplicate to order /
that it is issued to me in a public manner /
after citing the said Juan Daza, so that if ,/
to have it given to me by then, /
it is necessary, from now /
I present it and request justice. /
Juan de Esquivel, the licenciado Torres P[   ]. /

In Santo Domingo, eleven days of  the /
month of December of one thousand and /
five hundred and seventy six years, before /
the señores presidente and oidores /
the [person in case] presented it. And after it was read /
they ordered for it to be given to him, the party being cited./
Francisco González, notary of the chamber /   

In the city of Santo Domingo /
of La Española, on eleven days /
of the month of December of one thousand /
and five hundred and seventy and six years, /
the petition contained in this other part /
was read and notified by me /
Alonso de Medina, notary of /
his majesty and what is decreed and ordered in it /

[fo. 435r.] 

 









~

~

                                                                         454              

                              four hundred and thirty and five / 

by the señores presidente and oidores /
to Juan de Avila Daza in person /
and [   ] in a way that [he] may be /
present to see it being done, corrected  /
and conciliated from the deeds /
that are mentioned in this petition, /
while  Juan Gutiérrez and Juan Sánchez /
Bueno, denizens of this said city/
were present as witnesses. It passed /
before mi Alonso de medina /
notary of his majesty.

By virtue of which has been said /
I, the said notary, ordered the said deed /
to be copied, and did copy it, from the /
records and notarial deeds that are in my /
power given and delivered to me by Diego /
de Herrera, notary of their majesties before /
and at the time of his demise and passing, /
the content of which, with the subscription and signature /
that are at the bottom of the said record /
is this one that follows: /

In the name of God, amen, /
those who see this letter be aware /
how I Gaspar Dávila, denizen and councilman /
of this very noble and very loyal city /
of Santo Domingo of the port of this /
Española island of the Indies of the Ocean Sea /

[fo. 435v.] [Upper left angle of folio, illegible]

grant you María, Black woman, and Francisca /
mulatto woman, your daughter, /
of nine months of age that at present /
are under my power, and I say that /
since you are Christians and for [your] /
service to God our lord and for  /
the many and very good services /
that you the said María did to Francisco /
de Avila, my lord, may he be in glory, /
and have done to me, and due to the begging from /
many persons that have begged /
it to me, under condition that you the said María,/
serve me for a year, and that it runs from /
today, and that, if my wife were to come /
from Castille any earlier, the said year /
be considered finished. Therefore, by this current /
letter, out of my own and free and agreed/
and spontaneous volition, without /
coersion, or force or any other inducement /
nor constraint that may be /
said nor done to me by any person, rather /
being as I am knowledgeable of my right /
and that what will be contained below /
is good and useful for my assets /
and wealth, I grant and acknowledge that I consider /
you the said María and the said your daughter, /
as free and exempted, now and forever. To you the said María / 

[fo. 436r.]

                    four hundred and thirty six                     452/

and to the said your daughter that at present /
are under my power, from the end of the /
said time onwards, you be /
freed and free and removed and exempted /
of any charge of captivity and subjection /
and servitude, you and your/
heirs and successors after /
the said time is passed, /
and be able to go and do go to /
reside at any parts and places /
that you may want and deem /
good, and be able to sell /
and buy and trade with /
any persons that you /
may wish, like any person, /
and removed from any charge of captivity /
and subjection can and must /
do, and so that you may do and /
order your testaments /
and codicils, and give and donate and leave /
and order your assets movable /
as well as immovable and livestock /
that you may have, after /
having fulfilled the said time of /
the said service, to your sons and daughters and/
heirs and successors or to the person /
or persons that you may want  and /
deem appropriate. And so that /

[fo. 436v.]

you may appear on your own /
and demand the debts that may /
be owed to you or lawsuits that may /
be attempted or launched against you, /
and to act in the case or cases /
that may accumulate upon you in it, /
and everything that any person, /
free or freed ad removed of all charge /
of captivity and subjection and /
servitude may and must do.  /
The said freeing and freedom /
and removal I do and grant to you /
with the said charg as service to God /
our lord and because you are /
Christians, and for the services /
that you have done for me and must do /
during this time, and after /
the time of the said service /
I have nothing left against you the said María /
and your daughter neither  [   ] nor land /
neither to me nor my heirs that you may owe /
nor may be obliged to fulfill /
nor pay.  After the said /
time I promise and oblige myself to /
not place  [   ] for this /
reason, and to consider and keep and cumply  with /
and deem firm this said freeing /
and exchange and removal that I thus do for you /

[fo. 437r.]

                            four hundred and thirty and seven     453/

of the said charge, so that you may be and /
remain with all the liberty that /
any persons must have and must be /
acknowledged to them after  /
the said time, living and residing  /
and trading and doing business and /
appearing in trial and doing your testament /
and donating your assets and /
everything else that is said; of  having /
keeping and cumplying with and deeming /
firm, as and in the manner that /
is said, with the said charge, under penalty of /
four hundred pesos of gold of  /
four hundred and fifty maravedis each, plus /
all the costs and interests /
and mentions and damages that /
due to it may occur and accumulate /
to you.  And the penalty being paid or not, /
this said freeing, freedom/
and removal that I thus do and /
grant to you must be valid and be /
firm in everthing and for everything, according to /
and in the way it is described in it.  To /
thus fulfill this and have it done /
I oblige my person and movable and /
immovable assets, owned and to be owned. And for /
execution and fulfilment of what /
is said, by this present deed /
I give and grant full power / 

[fo. 437v.]

to all and any judges and justices /
of their majesties that there may be, /
both of this said city as of other /
parts and places, whichever /
their code and jurisdiction may be, and of /
each one of them, especially /
to those of this said city of Santo Domingo, /
I subject myself with my person and assets , /
renouncing as I explicitly/
renounce my own code /
and jurisdiction and domicile and neighborhood, /
and also the law sit conveneridt/
de juridiçionen onivn judicun /
so that, without myself or other on my behalf /
being called to trial, listen to  or defeated /
about this said matter, they may /
capture and do capture me, and /
deliver and order to do delivery /
and execution in the said my person /
and assets, and may sell and auction /
them in public auction and elsewhere /
so that, from the maravedis and pesos/
of gold that they are worth, they deliver and /
pay what you ought to have /
from the principal and costs, fully, /
so and so thoroughly /
as if the said justices or any of /
them had so judged and  / 

[fo. 438r.]

                                                                                   454
                                   four hundred and thirty eight /

sentenced by definitive judgment /
and sentence, and that such was consented to /
by us.  And I resign all and each /
of any laws, codes and rights and practices /
and customs and royal, canonical,/
civil, and municipal rulings /
and laws of the Partidas and any other /
favors, exemptions and liberties/
that I may take advantage /
of, that they must not be valid.  And any /
claim or claims, /
complaint or complaints /
that I may have said and done and argued /
in writing and verbally, and all /
[  ] and remedy /
with ordinary and extaordinary laws, /
and the law and right that says that a general /
renunciation of laws presented /
should not be valid.  And so [there is] more validity /
in this said freeing that I thus do for you, /
with the said obligation, I resign /
the right to primogeniture that I and my /
heirs have or have had /
against you, they must be null. This deed /
was issued in the said city of Santo Domingo, /
the audiencia and royal cancillería /
being in it, on Tuesday, /
twenty one days of the month of January /
year of the birth fo our savior/ 

[fo. 438v.]

Jesus Christ of one thousand and five hundred and fifty /
six years. Witnesses that were present /
to what was said: Pero Méndez /
de Sotomayor and Juan de [   ]nes, and Alonso/
Romero, denizens of this said city.  And the /
grantor signed it with his name /
Gaspar Dávila.  Witnesses that were /
present to see it being copied, corrected, /
and conciliated with the original record:/
Juan Clavijo and Cristóbal de la Cruz /
and Cristóbal Hervaz, denizens residing in/
this said city.  It goes between lines where it says: /
/ag / should not count .  And I, the said Lorencio Garcia, notary public of this said /
city of Santo Domngo, was present to everything that is said, together with /
the said witnesses, and I had it written and copied, as it was said, and therefore did here /
this my sign [Rubric]

[Rubric] [Notarial sign] In testimony of truth [Rubric]
[Rubric] Lorencio García  /
             notary public [Rubric]  /
duties 170 maravedis  [Rubric ]  / 

[fo. 449r. ]

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                                                                                                     465 /             

                                                      +
                                              Don Alonso Timoteo /

Per the following questions the witnesses that are presented /
by the party of Juan de Avila in the law suit with don Alonso de Timoteo de /
Avila over the primogeniture that was left by Francisco Dávila, deceased, will be examined. 

                                              four hundred and forty nine /

Firstly, whether they know the parties and whether they are aware of the trial /
Whether they know that María de Avila, Black and who was slave of Francisco de Avila/
deceased, whose daughter they say is of the said María de Avila, Francisca /
mulatto, after Francisco de Avila died, stayed in the said house and [in] service /
of Gaspar de Avila, successor and heir of the mayorazgo and assets /
of the said Francisco de Avila, and was serving in it until she /
died.  [The witnesses] must say whether they know it. /
Whether they know that the said María de Avila, slave of the said Francisco Davila, /
though she was such his Black woman and slave,  she was not iron-branded on the face /
with the name of the said Francisco Davila and iron as other slaves of his /
that he had branded and were left branded at the time of /
the demise and death of the said Francisco de Avila, and if the said María were /
iron-branded in the face, the witnesses would have seen it and would know /
it because they knew the said María and had seen her very /
particularly and were fully aware of her /

Whether they know that the said Francisca de Avila, mulatto, who they say is daughter or the said /
María, was daughter of the said Gaspar de Avila who was born /
after the said Francisco de Avila passed away, and as his daughter /
he iron-branded her, born and retained in his house, and commonly /
considered, and [that] as such his daughter he attempted to get her married /
honorably; and also know that the said Gaspar de Avila /
did not have nor left legitimate children nor heirs nor /
successor.  [The witnesses] must say what they know.

Whether they know that, after the said [scratch] Juan de Avila succeded in the said /
mayorazgo and possesses it, he has brought in and has in the farms and service /
and maintenance of them male slaves and female slaves of his, owned by the said /
Juan de Avil and, outside the said mayorzgo, in quantity of more than /
thirty Black male and female slaves, since six years ago, /
with which the said farms of the said mayorazgo are better provisioned /
than before.  [The witnesses ] must say what they know./

Whether they know that all the above said is so, publicly occurred and known [Rubric] /

                            [Illegible signature in two lines]