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VI. RECORD OF FOUNDATION AND PROCLAMATION OF THE TOWN OF SANTA CRUZ.
“In the town of Santa Cruz, on May 3, 1668, the most illustrious Municipal
Council, Justice and Government gather in the Municipal Government Building the Honorary
Mayors Captain Pedro de Rueda and Gabriel Angel Ortiz, the Mayor of the Santa Hermandad
Captain Francisco Diaz Sarmiento, Alderman Francisco de Rueda Rosales, Constable
Cristobal Rodriguez Durn, General Prosecutor with functions of Alderman Bernardo
de Rueda Sarmiento and attorney Leonardo Currea de Betancur neighbor of this town
from the City of Velez to proceed, as it is usually done, in the name of His Majesty,
God saves him, to declare founded this City and to proclaim its independence and
separation from the jurisdiction of the City of Velez. First, we acknowledge and
render tribute of vassalage to our Majesty the King, our Lord, to his Government
in this Viceroyship to which this territory and town belongs. We proclaim independence
from the City of Velez for a better government of these territories spiritually and
materially. Second, to manifest that the Spanish neighbors and mestizos are free.
Third, the jurisdiction of this town is the lands from the Oiba River where it joins
the Saravita River twenty leagues, (a league is about three miles), from the City
of Velez, the Yareguies Hill, The Sugamuxi River, The Petaquero Hill and back to
the Oiba River. Fourth, to name a priest independent from the priest of the Guane
City to administer the sacraments to all the neighbors: Spaniards, mestizos and Indians.
Fifth, to proclaim the need to name permanently two ordinary mayors, two of the Santa
Hermandad and a general prosecutor, all local neighbors and not from other parts,
as in the past. (There are other notes from the attorney Bernardo Currea de Betancur).
Without knowing the text of the record of the foundation by the Municipal Council,
nor the license of the town by the President of the New Kingdom or the Royal Audiencia,
nor the authorization to change the name of the town, nor the creation of a Parish,
nor appointments of mayors, it is concluded, that the date of foundation is October
27, 1694, date in which the Spanish Monarch ratied the foundation of the town and
gave it its coat of arms.
The Royal Letters were documents signed by the king and preserved carefully in the
municipal archives. The Royal Letter of conrmation of the foundation of the City
of San Gil, and the proceedings of the long lawsuit with the town of Velez disappeared
from the municipal archives. Parts are found in the National Historical Archives
of Santa Fe de Bogot, and parts in the Indias Archives of Seville, Spain. In the
official Archives of the Mayor’s Ofce of San Gil, there are since remote times, voluminous,
seamless, bundles of paper of the seventeenth and eighteenth centuries awaiting to
be classied and kept, I think, in a secure and decent place, as the rooms of the
“Casa de Santander”.
The bundle of papers of the license:
Because I think there is certain interest of the friends from San Gil, I bring
here the content of the petition of attorney Bernardo Currea de Betancur of 1668,
to the Governor Gil de Cabrera y Dvalos. The bundle of papers is written in the curious
style of the times. The following has been copied from the expedient (21). PETITION:
“LEONARDO CURREA DE BETANCUR, Velez City neighbor, in the name of the neighbors
of the Santa Cruz town and in virtue of the power of attorney from its illustrious
Municipal Council states: That in the Indian town there are many Spaniards who have
to attend such town for spiritual needs which is prohibited by different laws and
ordnances. Instead, they have to go fty leagues to the City of Velez crossing full
flowing rivers. The Corregidor from Velez can hardly visit it once a year, because
of the excessive costs. Omitting other grave inconveniences, so that there is a solution,
and to keep the vassals in peace and justice, according to his Majesty’s orders,
so that the Spaniards and mestizos who live with the Indians in a town to serve your
Lordship. I pray to grant a license for such a town in the following manner:”
CAPITULATIONS:
“First, the Spaniards and mestizos are free to attend such town without interference.
Second, the jurisdiction of this town is the lands from the Oiba River where it joins
the Saravita River twenty leagues, from the City of Velez, the Yareguies Hill, The
Sugamuxi River, The Petaquero Hill and back to the Oiba River. These lands are rocky.
In case of an accident no remedy can be sought in Tunja or Velez, because the delinquents
go there where justice does not reach them. Third, that the town be a Parish with
service to their Majesties. My obligation and that of the neighbors are to assure
one hundred and fty silver coins each year to the Royal Priest as tithe andfirstfruit.
Fourth, to serve your Lordship and to permanently name two ordinary mayors, two of
the Santa Hermandad, and a general prosecutor who live in the same place, all named
by your Lordship to avoid favoritism and to insure obligations to the town, the church
and the priest.
Fifth, we already have a chapel adorned with images at our expense. A priest will
administer the sacraments, and attend the spiritual needs of Spaniards and mestizos.
It will be segregated from the one the Indians already have. Sixth, for better service
to your Lordship, we appeal that the Justices from the City of Velez would not have
jurisdiction. Instead, that justice be forwarded to the town mayors. And in case
of omission of justice, to send a judge, but not from the neighbors. Seventh, that,
to serve, your Lordship name the mayors of such town without the conrmation of the
Velez Municipal Council. Eighth, to free the inhabitants from “pecho” (ancient tax),
for ten years, to compensate for the expenses of the foundation.
Ninth, the mayors will be responsible for payments according to this capitulation
the government will give his Majesty remuneration from now on. Tenth, that this town
will not be under the City of Velez or any other, in case your Lordship does not
recognize the foundation and does not give a license of the Santa Cruz town, in this
New Kingdom”.
CONCLUSION OF THE PETITION
“I ask and implore your Lordship your command of what has been petitioned with
justice etc. His Majesty commissioned that Spaniards and mestizos do not mix with
Indians. This writer places the Letter of the foundation of Medellin. I ask ‘ut supra’
and for the defense of the frontiers from warring Indians. It is a special service.
I ask justicia ‘ut supra’. attorney LEONARDO CURREA BETANCUR”. SUMMONS:
“It is ordered a vista of the prosecutor from my Audiencia attorney Don Antonio
Ignacio de la Pedroza for a Municipal Council, Justice and Government as stated in
your capitulations. attorney Don Fernando de Prado y Plaza responded: TEXT OF THE
FIRST VISTA:
“The vista of his Majesty’s Prosecutor as petitioned by Leonardo Currea de Betancur,
Velez City Resident, to ratify the foundation of a town. Usia ordered the Municipal
Council, Justice and Government, Don Bartolome Martinez de Angulo the oldest ordinary
mayor of the town. This be known to Indians, Caciques and Captains. Given in Santa
Fe August 7, 1668”. NOTIFICATIONS:
“My President and Governor has ascertained the ndings of the prosecutor, as far
as what the attorney Leonardo Currea accusations of rebellion among the Indians of
the region. My prosecutor responded the following: SECOND PROSECUTORIAL VISTA:
“His Majesty’s Prosecutor gives a vista as petitioned by Leonardo Currea de Betancur.
The Prosecutor decides in the name of Our Lord God and His Majesty that there are
Spaniards and mestizos in that Valley who live in liberty with delinquents without
justice to correct and punish their crimes and excesses. Thus, the Prosecutor requests
that the capitulations be approved. Except that the priest named by Usia administer
sacraments according to Royal Patronage. The demarcation should not affect the Indian
peoples. That the town of Tunja is not affected. Mayors cannot be repeated, neither
Corregidores, a guarantee of one thousand pesos gold, by law, in case of disobedience.
To be approved by His Majesty within ve years, I ask justice.Santa Fe, October 18,
1668”. PRESENTATION OF TITLES:
“My President orders attorney Don Antonio de la Lana y Genza from my Audiencia,
due to the un cooperation of Velez Municipal Council, that attorney Leonardo de Currea
present titles of the lands to the attorney Don Antonio Ignacio de la Pedroza the
Protector Prosecutor on May 3, 1668. and my President presented the following petition:
PETITION OF PROOFS:
“LEONARDO CURREA DE BETANCUR, Velez City Resident of this Court., states that
in the founded town there are over one thousand people prohibited by law. The number
of Spaniards and mestizos has grown and the local priest treats them like Indians
and as a result the people have not attended mass in months. Such people do not have
the spiritual consolation according to law. This justies the foundation without any
inconvenience to the Priest of Guane”.
Extensive concessions follow. For the sake of brevity, the most important are: “First,
assign the properties you request, according to the Seventh Law of Titles of the
populations of cities and towns included four leagues of land as distributed by the
Municipal Council and Government I have given you. Second, the river bridges and
canoes are necessary. I will submit this information to the President of the Audiencia
in Santa Fe for his consultative vote for the execution of these convenient bridges.
Fourth, I submit to the President that the Velez Indians be incorporated to the new
town for their convenience. In case of contradiction from the City of Velez, a consultative
vote of the Audiencia will determine what is best for the Indians. Ninth, the exception
of sale taxes and duties of import and export according to Laws Twenty and Twenty
One, Title Third, Book Four of Indias, starting with the date of foundation of the
town. I separate it from Velez Civil and Criminal Jurisdiction”.