ANNO DOMINI, 1735.

Deed of gift of the Estate of San Pedro Ibarra and its appurtenances, granted by the Marchioness de las Torres de Rada and the marquis de Villapuente, in favor of the missions of the Californias, for the objects within expressed.

In the name of our Lord God Almighty, to whose honor and glory this present instrument is directed; be it hereby known that we, Don Joseph de la Puente y Peña, brigadier of the royal militia, knight of the Order of St. James, gentleman of his Majesty's bed-chamber, marquis de Villapuente, and Doña Gertrude de la Peña, marchioness de las Torres de Rada, residents of this most noble and faithful city of Mexico, considering the innumerable benefits which, with little merit of our own, we owe to the mercy of God, especially in temporal goods, wherewith he has endowed us with liberal abundance, wherefor we render Him continual thanks, with the humble homage of our gratitude, which, though inadequate by reason of our nothingness, we yet firmly hope, by rendering again to Him a portion of what His bounty has bestowed on us, may, through His infinite goodness and mercy, obtain the acceptance which we desire; and dutifully acknowledging ourselves most strictly required, by so many special favors, to desire and labor to the utmost for His holy service and the glory of His most holy name, and to use all our power and faculties to cause Him to be known and adored as the true God, which He is, and creator of all things, visible and invisible; and whereas the reverend Society of Jesus, with its well known religious zeal, has been heretofore employed and is steadily engaged in the conversion of the heathen natives of the Californias; and its members by preaching and instruction have drawn into the fold of our holy catholic faith great numbers of those barbarous people, to whom they have devoted and are devoting themselves, according to their institute; sacrificing their lives, and exposing themselves to contumely from the heathens, solely for the greater glory of our Lord God. And whereas, in the propagation of His holy faith, (which, at the sacrifice of so much labor, they have established) and in order, also, that the many other tribes which are now at the doors of the Church, as well as those remaining yet undiscovered, may not be deprived of the same advantages, they need human aid as a means of successfully prosecuting their labors; considering all which, and that we both are without forced heirs, who have the right to succeed to our inheritance, and are without hope of having such; and whereas, I, the aforesaid marchioness, own the above mentioned estate of San Pedro de Ibarra, in the jurisdiction of the village of San Miguel el Grande, which my second husband, the late brigadier, Don Francisco Lorenzo de Rada, knight of the said Order of St. James, marquis de las Torres de Rada, and first Chancellor of this Kingdom of New Spain, derived by purchase from captain D. Antonio de Pedraza Marmolejo, and the same, with the pasture lands appurtenant to it, was, on his death, with other property, distributed to me on account, and in part payment of my dowry, and the inheritance of my two deceased legitimate sons by my first marriage, contracted with captain D. Martin de Amor y Otañes; and whereas, the said marquis of Villapuente, my cousin, is my only creditor, he having supplied me out of his own means with over two hundred and four thousand dollars, which he has furnished me, the receipt whereof is hereby acknowledged, and which is well known,

whereby our rights in the premises are just and equal; and therefore, by common consent, we have determined to give to the missions of the Californias, of said Society of Jesus, the aforesaid estates with the other things above mentioned. In fulfilment of which determination by common consent, with one mind, we jointly and severally, each for himself, and jointly for the whole in solidum, renouncing, as I expressly renounce, the laws and rights of community property, benefit of division and liquidation, as they are contained therein, and the autenticoduobus reis deffendi; and being well informed and cognizant of our rights, and what in this case seems good to us, DO, BY THESE PRESENTS, and in the manner and form most conformable to law, of our own free will, grant and declare as follows, that is to say: That we give to the missions of the Society of Jesus founded, and which in after times the said Society may found in said Californias, the above mentioned estate, called "San Pedro de Ibarra", in said jurisdiction of the town of San Miguel, which, according to the titles of compromise with his Majesty, contains ten (10) sitios de ganado mayor, a caballeria of land, and half a sitio de ganado menor, (viz: that of Juan Alvarez,) to which are annexed the estates of el Torreon and las Golondrinas, (which is also called the Ricon de Ibarra,) with the lands and property belonging to it, under the limits and boundaries, which, according to the titles, surround and enclose all the three; together with their principal houses, with the appurtenances and furniture therein, the chapel with its ornaments, in the house, a hog-corral and copper vessels for soap boiling, with all their appurtenances; shearing house for sheep, with its two large stores, gates and paved courtyard; a store-room for lamb's wool; three large wooden bins, each of the capacity of about three thousand (300) fanegas of corn, (with all the grain therein) and the beans and barley on hand; oxen trained to the plough, with their harness, equipments, ploughs, etc; bands of brood mares, (some in foal of mules); tame horses, mules, cows, and horned cattle, large and small; four teams of draught mules, with harness; a band of breeding asses with their jack; a flock of five hundred sheep, large and small, and as many swine, each more or less; the stores on hand, and which may exceed what was necessary and was sent for the use of the servants of said estate, and of those employed on the sheep ranches in the new kingdom of Leon; together with all things else, which, by the books, accounts and papers in charge of the administrator and steward thereof, may appear to belong to the said estate, wherever the same may be, and all the rights and actions whereby the servants of said estates are held, whether actually employed on, or runaways from it. And also three (3) tracts of pasture land: the first, in the valley called San Antonio de los Llaños in the said new kingdom of Leon, comprising fifty (50) sitios of land mostly de ganado mayor, and the rest de ganado menor as shown by their respective titles, which said last mentioned tract, taken together and reduced to sitios de ganado menor is equal to more than seventy such; the second situated at a place called el Alamo or los Alamos and the cerro de Cerulu, adjoining on one side the town of las Sabinas in said new kingdom, which also comprises fifty (50) sitios of land de ganado mayor and menor, and which being reduced to terms of the latter quantity, is equal to more than seventy (70) sitios;-and in the above mentioned pasture lands, besides said sitios are sundry caballerias of land with aqueducts for irrigation and cultivation; good places appropriate for stock raising, and springs

of salt and fresh water;-the third, of said tracts of pasture land, situated in the jurisdiction of the camp and mines of San Pedro Guadalcazar at the places called San Juan de la Miquiguana, Palmillas, Gavilan, Mamalcon, Juadmades and Puebla de Tula, which, according to their titles, embrace other fifty (50) sitios de ganado mayor and menor, which, reduced as aforesaid, make more than seventy of the latter; also, the two flocks of sheep, which pasture, as aforesaid, in said new kingdom of Leon, with all their numbers large and small, and the increase thereof in the hands of the stewards in charge, and their products; the bands of horses and mules, domesticated and wild, with all the other supplies for the ranches, and everything which, in fact and by right, belong to said estates; large and small cattle, fruits, implements, and improvements, as at present existing, together with all their lands, tenements, hereditaments, growing grass, hills, enclosnres, pasture lands, water courses and watering places, their ways of entrance and outgo, uses, customs, rights and servitudes, as many as may be thereunto belonging, or in anywise appertaining by right or privilege, without excepting or reserving anything belonging or appertaining, or which may belong or appertain to them, though not herein expressed or specially mentioned, the same being comprised, as we intend that they shall be comprised in the general words of this donation, which we make good, pure, perfect and irrevocable, as a firm contract inter vivos from this day, henceforth and forever; TO HAVE AND TO HOLD, to said missions founded, and which hereafter may be founded, in the Californias, as well for the maintenance of their religious, and to provide for the ornament and decent support of divine worship, as also to aid the native converts and catechumens with food and clothing, according to the custom of that country; so that if hereafter, by God's blessing, there be means of support in the "reductions" and missions now established, as er. gr. by the cultivation of their lands, thus obviating the necessity of sending from this country provisions, clothing and other necessaries, the rents and products of said estates shall be applied to new missions to be established hereafter in the unexplored parts of the said Californias, according to the discretion of the Father Superior of said missions; and the estates aforesaid shall be perpetually inalienable, and shall never be sold, so that, even in case of all California being civilized and converted to our holy catholic faith, the profits of said estates shall be applied to the necessities of said missions and their support: and in case that the reverend Society of Jesus, voluntarily or by compulsion, should abandon said missions of the Californias or (which God forbid) the natives of that country should rebel and apostatize from our holy faith, or in any other such contingency, then, and in that case, it is left to the discretion of the reverend father provincial of the Society of Jesus in this New Spain, for the time being, to apply the profits of said estates, their products and improvements to other missions in the undiscovered portions of this North America, or to others in any part of the world, according as he may deem most pleasing to Almighty God; and in such ways that the dominion and government of said estates be always and perpetually continued in the reverend Society of Jesus and its prelates, so that no judge, ecclesiastical or secular, shall exercise any control thereon, or intervene in or about the same; and all such rents and profits shall be applied to the purposes and objects herein specified, i. e., the propagation of our holy catholic faith. And by this

deed of gift, we, the said grantors, both divest ourselves of, and renounce absolutely all property, dominion, ownership, rights and actions, real and personal, direct and executive, thereover, and all others whatever, which belong to us, or which from any other cause, title or reason, may belong, appertain to us; and we cede, renounce and transfer the whole thereof to said reverend Society of Jesus, its missions of Californias, its prelates and religious, under whose charge may happen to be the government of said missions and of this province of New Spain, now and at all times hereafter, in order that from the profits of said estates, and the increase of their cattle, large and small, their other gains, natural or otherwise, they may maintain said missions in the manner above proposed, indicated, defined and laid down forever. And we declare that all the above mentioned donated estates, with their appurtenances, are free from annuity, burden, debt, and mortgage, special or general. And we give power and authority, so far as by right may be required, for said missions and said reverend Society of Jesus, that of their own right and authority, as they may be advised, they may take the seizin and possession of said estates and of all belonging to them as above expressed; and to this end we meantime constitute and acknowledge ourselves their tenants at will, to surrender to them whenever required, under the obligation expressed in the special clause de constituto; so that this conveyance being in their hands, they shall be deemed thereby to have acquired the actual possession of said estates with the titles thereof, which we deliver. And knowing, as we do, that donations, however large, in favor of the Church or other pious works, are firm, stable and valid, whereby, even though they exceed the value of five hundred crowns in gold, they do not require judicial acknowledgment, we, nevertheless, acknowledge that by the blessing of God we have sufficient means left us for a support corresponding to our station in life, without needing the said estates; and we accordingly bind ourselves not to revoke this donation by will, codicil or other document, or in any other manner, tacitly or expressly; and should we revoke it, it shall by the same act become again valid and perfect, following the nature of contracts inter vivos as it is; much less shall we ever seek to invalidate it on the ground that our remaining property is insufficient for us; nor will we set up against it fraud, deception, damage or lesion enormous, or most enormous, because nothing of the kind intervenes, as we make it of our own free will with sufficient premeditation and accord. And for its fulfillment, we bind our properties, present and future, thereto giving sufficient power to the judges and magistrates of our lord the King, of whatever place thev may be, and especially to those of this city, its Court and Royal audiencia to whose tribunal and jurisdiction we subject ourselves; we renounce, to that end, our proper domicil, citizenship, the benefit of the law si convenerit and the other provisions of law, in our favor and defence, together with the general provisions of the law, that to its fulfillment, we may be enforced as by execution, on res adjudicata. And I, the said marchioness de las Torres, renounce the benefit of the laws of the emperor Justinian, those of Veleyano, of Toro, Madrid and of the Partidas, which are enacted in favor of women, the particulars of which have been made known to me by the present notary public; and being made acquainted with them, I decline to avail myself of their provisions; and I swear by our Lord God and the sign of the Holy Cross, in due form, that to the making of this conveyance, I am not,

nor have I been, compelled, rewarded, induced or intimidated by any person; and that I will not reclaim to the contrary on account of my dowry, share of common property, paraphernal property, nor in any other manner; and that I execute this grant of my own free will and accord, in manner and form as stated. And with the same solemnity, I declare that I have made no previous protest against it and that I will make none hereafter; and should such appear, I revoke it, and direct that it may not be held valid nor regarded as legal, whether in legal proceedings or otherwise; and from the terms of this oath, I will not ask release or modification before judge or prelate, having power to grant the same, in any case; and if de mortu proprio, such release or modification should be granted to me, I will not avail myself of it in any way, under pain of perjury, and falling into deserved contempt, such as would debar me from being heard or admitted in judgment, but would, on the contrary, condemn me in costs; so that, as far as I am concerned, this donation shall ever remain perfect and irrevocable, and have full effect. And we, the said grantors, both desire that at no time shall any judge, ecclesiastical or secular, undertake to investigate or intrude himself to ascertain, whether the conditions of this donation be fulfilled; for our will is that in this matter, there shall be no pretence for such intervention, and that whether the said reverend Society fulfils or does not fulfil the trusts in favor of the missions herein contained, it shall render an account to God our Lord, alone, for we have entire confidence that it will comply with its duty, and do what may be most pleasing to God. And father, John Francis de Tompes, of said reverend Society of Jesus, the attorney in fact to that end, instructed and named by the most reverend father Andrew Nieto, late Provincial of said Society, in and by the power of attorney, given him in this City, November 3, 1729, before John Alvarez de la Plata, Royal Notary, for all things concerning the missions of the Californias, being also present DECLARES: that by virtue of said power, he accepts the donation in manner and form as above made, expressed and declared, and from this time forth he acknowledges, in the name of said missions, to have received the said estates and their appurtenances, and thereupon he renounces the laws applicable to such case; and in the name of said reverend Society and its missions, he returns thanks to the generous donors.

Dated in this City of Mexico on the eighth day of June, seventeen hundred and thirty-five (1735).

In witness whereof, the grantors, with whom I, the Notary Public aforesaid, testify that I am well acquainted, and to whom I give full faith and credit, have executed this instrument: the said marquis de Villapuente and the reverend father Procurator, by affixing their signatures thereto, and the marchioness aforesaid (who cannot sign on account of the lameness of her right arm) has requested a witness to sign on her behalf, said witness being the licentiate don Augustine Navarro, priest. Michael Bumon and Peter del Valle, Royal Notary, citizens of this City of Mexico.-El marquis de Villapuente. -At the request of the lady marchioness and as witness, Br. Augustine Navarro-John Francis de Tompes.-In presence of Francisco del Valle, Royal Provincial Notary.

Reducing the Mexican measures to our own, the total area of land conveyed by this deed considerably exceeds four hundred and fifty thousand acres.