Group Title: Historic St. Augustine: Block 10 – Lot 3
Title: Church, Catholic, Roman
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Permanent Link: http://ufdc.ufl.edu/UF00094118/00009
 Material Information
Title: Church, Catholic, Roman
Series Title: Historic St. Augustine: Block 10 – Lot 3
Physical Description: Research notes
Language: English
Copyright Date: Public Domain
Physical Location:
Box: 4
Divider: B10-L3 Cathedral
Folder: Cathedral B10-L3
 Subjects
Subject: Saint Augustine (Fla.)
35 Treasury Street (Saint Augustine, Fla.)
Cathedral Basilica of Saint Augustine
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 35 Treasury Street
Coordinates: 29.892891 x -81.312435
 Record Information
Bibliographic ID: UF00094118
Volume ID: VID00009
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: B10-L3

Full Text



2-6^ZZ ^; z D 6, g

t^ i ^ CHURCH, CATHOLIC, ROMAN



9 1. (E) Francisco Jose Fatio, for the wardens of the Catholic Church of

St. Augustine, claims a lot on the north side of the public square, upon which

church and school house now stand, bounded, on the west by St. George Street,

east by Customs House and lots of the Marquis of Fougeres, south by the

square, north by lots of Joseph M. Hernandez and the heirs of Peso de Burgo,

measuring 72 1/2 /aras front by 58 1/2 varas deep. Title from judicial sale

of 4/12/1793.

2. (E) The following translation in Thomas Murphy's hand bears on the

reverse of William Reynolds' and Fatio's attest as a correct copy of a document

in the publicxaxx archives. Unfortunately their writing has inked through and

makes Murphy's crabbed writing even more difficult than usual.)

Mr. dear sir: By the copy of the royal order, which accompanies this,

Your Excellency will be informed of what H. M. (His Majesty) order me, and

by the enclosed bills of lading covering goods which will be delivered to Your

Excellency by Don Gregorio Jose Huet, Captain of the King's Schooner Santa

Gertrudis, which takes to that garrison (St. Augustine) its amount of money,

jewels, and movables (furniture) contained in them (the bills of lading) by which

remittance I comply with the Sovereign will.

I desire that Your Excellency may enjoy every satisfaction in your health

and request you will favor me with your commands, which I shall cheerfully

receive. In the meanwhile I pray God to preserve Your Excellency many years,

and remain your most affectionate Humble Serv't. Felipe Josef, Bishop of

kxl Havana.

Senor Don Manuel de Zespedes




Catholic Church- 2


3. (Murphy's English translation on both sides of the page, badly inked

through and scarcely legible. ) Royal order: At the same time that the King'

has approved of the plans, regulations and expenses, and means of raising

them, which were proposed by the governor of St. Augustine, Florida, to

build (296) a new parish church of which that parish is in want, he has been

pleased to determine that Your Lordship should order to be dispatched to the

superintendent of the building of that church the rents of eleven lots belonging

to the said church which exist in Your Lordship's powers which are due from

the year 1763 and also the jewels and movables (or furniture) which Your

Lordship preserves on deposit, obtaining in case of excuse or delay the a

aid of the governor of that city, to avoid which I directed to your Lordship

on account signed by the said superintendent from which it results that the

balance up to the year 1786 amounts to 3537 (pesos) and reales, besides the

jewels, money, and movables. As soon as they shall be obtained with the

amount of rent up to the present, Your Lordship will direct that all shall be

remitted with the greatest possible dispatch to St. Augustine and (be placed)

at the disposal of the governor that the work may be begun as soon as possible.

Which I communicate to your Lordship by order of H. M. in order that it may

be complied with, which you will advise me of returning to'me the annexed

account, unless it be necessary, or (you may return it) afterwards when use

has been made of it. May God preserve Your Lordship many years. Madrid,

3/17/1790, Antonio Portico to the Lord Bishop of Havana.




Catholic Church--3


4. (S) (This document, 16 crowded pages of Spanish, makes in Murphy's

translation 25 pages). Conveyance--Be it Known that Tapeo Arribas, attorney

of Vicente Adot of Havana who is curator of the minor, Domingo Vernadini

and resident of said city, states (p. 297) that Domingo Bernadini has a

2-story stone and wood house on St. George Street, the lot bounded on the

west by the street, on the east by the lot of Carlos Howard when he was

secretary of this commandancy and now held by Pedro Cosifacio, on the

south by the Square and main guard house, north by the house and lot of

the former treasury, where the royal comptroller's office is now, which

house and lot was sold by John Leslie of this place as attorney of the Reverend

John Forbes untio Juana Humber for her son, Domingo Bernadini, according

to a dded granted before Domingo Rodriguez de Leon, notary that was of this

government on 7/2/1785, and although the dimensions of said house and lot

appear in the deed, they will be explained more at length further forward.

The captains of the local militia who act as magistrates having presented

themselves, explaining that the government had appointed them to watch over

the public good; that according to the King's orders relative to the building of

a new, church, to which its inhabitants will be obliged to contribute in proportion

to their means, they have thought proper to inform the government that the

land, which by the governor's predecessor was valued for the purpose, belonged

wholly or in the greater part to the city and not to the one who holds it, in

proof of which they offered the testimony of neighbors and old inhabitants from

whom they had their information for this so just a representation, since from it

wpuld result not only the relief of the inhabitants but of the royal treasury that

wuuld have less to (298) supply, etc., for which purpose the governor could




SCatholic Church--4


summons the neighbors to testify and the owner to prove that he had purchased

the property legally so that the governor' could decree that which may be

considered most conformable to justice; since, although it might not be

deemed most convenient to build the church on this land, it was a great

deformity that there should be on the only public a square an angle that (would

no longer) exist to the injury of its beauty and of all the neighborhood if it

should be purchased from an individual to whom it did not anywaya) lawfully

belong. The governor accordingly decreed in February, 1792, that the owner,

or his attorney, must prove his title "or right will be proceeded to. "

To fulfill some extent the intentions of the tribunal, Mariano Lasaga, as

attorney of Juana Humber, presented himself on the 16th and said that he had

only a simple paper of the sale, but the original must be in the archives

proving sale from John Leslie of everything inside the- fences. Since there,

was nok house of Juana Humber there then, although anciently there had been

one, but a change must have been made under the British Dominion and Carlos

Howard certifies that the deed included the grove. The governor decreed on

the 23rd of said month and year that the simple document presented would be

accepted until Mariano Lasaga should present a power of attorney and the

original deed, xa iAdx said to be in the archives.

This deed was found not to contain the diriens xons but only (299) the

purchase price 800 (pesos). At the meeting of the department of the royal

domain this was discussed and because of the urgency for beginning the building

it was voted that considering that Juana Humber had made no improvements

since she bought, she should receive back the 800 (pesos) and thus would have

had the house rent free and sufficient reward in the rents paid to her.




Catholic Church--5


Whereupon Mariano Lasaga said that his client considered the property

worth more. The matter-was referred back to the commissioner of the royal

domain who considering the urgency of the case, voted that the commandant of

engineers should go and measure off on this lot what was indispensable for the

building of a church, leaving unimpaired the rights of Juana Humber to make

any representation she may think proper. Whereupon Manuel Solana and

Roque Leonardy were appointed appraisers and put under oath to discharge

these duties with integrity. It resulted that the land measured 3129 3/4 square

varas, there being 53 1/2 varas of front by 58 1/2 deep, valued one real

per square vara. The fruit trees enclosed in said land were valued at 319

(pesos) and 4 reales. This being finished and Juana Humber having given me

(Tapeo Arribas) her power of attorney, I presented myself with it so that the

proper decree might be made according to justice and by a decree of 5/31 of

said year my power was ordered annexed to the proceedings so that whatever

occurred should be transacted with me. In consequence of which I have asked

that an interlocutory decree should be delivered to me, which was commended

(p. 300) to be done in the usual form by-a decree of 6/11 of said year.

On 6/25 I set forth that the grove and the land were justly, valued but that

my principal was wronged in that her house was reduced to a hut. But she

agreed to accept txkiaxx that lost, professing the verneration of our blessed

Lord whose house was to be erected there to her own interest. In virtue of

which H. E. (His Excellency) may determined what he thinks proper and may also

take said house for a residence for the clergy or any other purpose, the price
t





Catholic Church--6


to be paid to me. And in consideration of the urgent need of a parish church,

which will be the only one in the city and in the Province, it was voted to buy

this land, to which I agree, reserving the right of appeal in regard to its use.

And, there being in the city and province no advocate to consult, the

licentiate, Don Ventura Perez, advocate of the royal audience of Mexico and

St. Domingo and resident of Havana, was appointed to'decide what was lawful

in the first and second meetings, a copy of these minutes being kept in our

archives to guard against "the contingencies of the sea. The legality of the

position of Juana Perpall and .the question of her being na rried, and her

husband absent, was discussed in a meeting of the royal tribunal in St. Augustine

and extended in Havana, 1/24/ of the same year where it was decided that land

and house purchasedhad belonged to Domingo Bernadini, son of Juan Carlos

and Juana Perpall, who had married again to Bernardo Humbert, etc., and

(p. 301) thus remained deprived of her rights as guardian of her son, and unable

to represent him judicially, and her power of attorney to Tapeo Arribas was

consequently null and void.

As this was likely to retard proceedings, Vicente Adot, merchant of Havana,

was appointed curator of the boy, and, as will appear from annexed proceedings,

carried on before Miguel de Baca, actual ordinary alcalde of Havana, so that

Adot is the only person with s whom the house action.is to be carried on for

the purchase of the house and land, Perpall being excluded, for which purpose

Vicente Adot gave me his power of attorney with instructions that I am to report

on proceedings and receive any monies paid, saying that they could buy all the




Catholic Ehurch--7


the land or only what was needed for the Church, but any excess of the 800

(pesos) was due his client and the property was not to be sold for less that

its assessed value lest this be an act of umaxpxx usurption and encroachment

on the sacred rights of property, and all costs were to be assessed against

the purchaser; whereupon the comptroller's office, the only fiscal of the

royal domain, having assented on February 22, and Jose de Ortega, advocate

of the Royal Councils Lieutenant Governor, Auditor of War, and Assessor

G neral, appointed by H. M., having given his opinion, it was ordered, 3/21,

that they should take possession of house, land, and trees, for 1693 (pesos) and

7 reales, for wjiick a receipt and deed in form are given at St. Augustine,

4/12/1793, and signed before Jose de Zubizarreta by Tapeo Arribas and

Gonzalo Zamorano. Witnesses: Juan de Entralgo, Clerk of comptroller's

office, and Felipe de Aguirre, clerk.

















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