Burials at the Convent of Saint Francis, 1595-1763

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Material Information

Title:
Burials at the Convent of Saint Francis, 1595-1763
Series Title:
Convent of Saint Francis
Physical Description:
Mixed Material
Creator:
Arana, Eugenia B.
Publisher:
Saint Augustine Historical Society
Physical Location:
Box: 1SW6
Divider: Cemeteries + Burials
Folder: Cemeteries + Burials

Subjects

Subjects / Keywords:
Saint Augustine (Fla.)
Spatial Coverage:
North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine

Notes

General Note:
El Escribano, April 1968, Vol. 5, No. 2; 6.; FLC

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
System ID:
USACH00002:00004

Full Text
SC, J? /S Cr n6 ^ -S J 0

V6. A Piz. s 9

BURIALS AT THE CONVENT OF SAINT FRANCIS

1595-1763


The St. Augustine Record recently published an account of the
discovery of some human bones at the State Arsenal, while workmen
were installing a TV antenna base. Mr.Robert Steinbach, archaeologist
for the Restoration Commission, examined the bones and suggested the
possibility that there once had been a burial ground there. He was
entirely correct.

From 1595 until 1763 there are records of numerous burials in
the area now occupied by the Florida State Arsenal and the immediate
vicinity. These represent only a small percentage of the total inter-
ments in St.Augustine prior to 1763. Even the Parish Burial Records
for the first Spanish period are incomplete. Occasionally, however,
because of some unusual circumstance pertaining to the decedent or his
estate, additional references are found in the Spanish Archives, supple-
menting the Parish Records.

One in this category reports the death on Friday, November 24, 1595,
of the Governor, Don Domingo Martfnez de Avendano. At 11 AM the
following day he was buried at the Convent of San Francisco, with appro-
priate ceremony. He had served as Governor for only a few months.

On February 14, 1690, Captain Mateo de Sartucha died, and was
buried the following day at the Convent; on May 27, 1690, Doia Juana
Avila y Due, wife of the former Governor Sergeant Major Don Pablo de
Hita y Salazar was laid to rest at the Convent.

A letter from Governor Don Diego de Quiroga y Losada to the Crown,
dated June 13, 1690, reveals that at the time of these burials, there
was some friction between the parish priest and the Franciscans concern-
ing the procedure. Such information is relatively obscure, and provides
an interesting side-light on events here in St. Augustine 278 years ago.

The Reverend Father Don Alonso de Leturiondo, the parish priest,
was a native St. Augustinian, born in 1655, the son of the Ensign Don
Domingo de Leturiondo and Dofa Maria Solana. In 1687 he began signing
the Parish Registers as Cura en interin of the Parish church. The
following year he was appointed Curate. In 1691 he donated "certain
houses" to the church, on the site where the Bishop's Palace was later
built.

On February 15, 1690, when Father Leturiondo and other clergy,
carrying the Cross of the Parish church, went to the Convent to accom-
pany the body of the deceased Captain Sartucha to the bier, as was the
custom, the Very Reverend Father Pedro de Luna, Provincial Minister and
Commissioner of the Holy Office of the Inquisition and Crusade, with
the Reverend Father Jos' de Arguelles, guardian of the Convent, obstruct-
ed the door, refusing to let them enter with their Cross, and telling
them to take leave of the deceased outside the door.

While this was in strict accordance with the bulas, these rules.
had been ignored here "since time immemorial" and the parish priests
had always been allowed to enter the Convent with their Cross.








To avoid any disturbance, Father Leturiondo returned with his
Cross to the church. But he was annoyed, and the incident caused
considerable comment in town.

On May 26, he reported to the Governor, Doia Juana Du' had passed
away and was to be buried at the Convent. Wishing to avoid a recurrence
of the previous disturbance that had caused so much scandal in town,
Father Leturiondo sent a message to Father de Luna, by the cleric
Sebastian Groso, explaining the local custom, the same that was observed
in the Spanish domain, Havana, and later extended to the colonies.
He asked Father de Luna to honor the custom, despite the provision of
the bulas. He also requested that Father de Luna present whatever
evidence he might have to the Bishop, and said that if the Bishop
Ordered the terms of the bulas to prevail, he would respect his wishes.
But, in this instance, if Father de Luna still insisted on strict ad-
herence, he would be obliged to request help from the Crown.

Father de Luna delayed his answer until a second message was sent.
Then he replied that if Father Leturiondo tried to enter the Convent,
for the funeral of Dofa Juana, he would again be refused.

Early in the morning of May 27, Father Leturiondo appealed to
the Governor to intercede. A meeting was held at the governor's
residence, with Don Nicolas de Esteves de Carmenatis, one of the ex-
ecutors of the deceased, Don Alonso Solana, the Escribano, and the
Adjutant Don Bernardo Nieto y Carvajal. Don Nicolas said he had
expressed his concern as to the condition of the body, which was rapid-
ly decomposing in the heat of late May, and that he had been assured
by Father de Luna that the old custom would prevail.

While they were talking, Fray Marcelo de San Jose and Fray Diego
Bravo brought word from Father de Luna that because of the decomposition
; of the body, and also because of the "interference" of the Governor,
Se would, in this one instance, allow the Cross of the Parish Church
to enter the Convent, but that this procedure would definitely not
F be allowed.in future. Father Leturiondo was unconvinced, and wanted
the agreement in writing.

Later that same morning, between 9 and 10 o'clock, Father Letur-
iondo, the Sacristan Mayor Sebastian Groso and other clergy, accompanied
by the Governor and several townspeople, went to the house of the de-
ceased and carried the body to the Convent. When they arrived, despite
the previous agreement, the guardian of the Convent Fray Jose de Ar-
guelles, stood on the right side of the door holding the Cross of the
Convent and obstructed their entrance. And he started an argument as
to which of the respective Crosses should enter on the right side.
The right side, by the old custom, belonged to the Parish priest.

The Governor remarked that apparently the Franciscans did not in-
tend to honor their agreement. The guardian said," Sefior Governor, I
have been ordered." The Governor replied, "I represent His Majesty.
The custom is to be observed, and you may object to my action wherever
you see fit."

The clergy from the Parish Church and their Cross then entered
ithe Convent on the right side. After placing the body on a table in the








middle of the church, Father Leturiondo and the other clergymen,
with their Cross, and accompanied by the governor, departed. And,
commented the Escribano, the governor looked very disgusted because
the agreement had not been kept."


EXISTING PARISH RECORDS reveal the following statistics relative
to burials at the Convent of St. Francis:

1623-1638 17 males 12 females 4 children Total 33
1720-1763 38 50 3 91 124

There is, therefore, presently a record of 127 burials at the
Convent between the years 1595 and 1763, and there is no way to es-
timate how many more occurred during the intervening years. The
1720-1763 records list one ex-governor, Don Juan de Ayala y Escobar,
his wife, Dona Agustina Perez de Villa Real, the treasurer Don Salvador
Garcia de Villegas, the accountant, Dcn Francisco Menendez Marquds,
his first wife, Doia Antonia Basilia de Leon, two of his daughters,
Dona Manuela and Dona Teresa, and one son-in-law, Lt. Don Ignacio
Rodriguez Rosc, the second husband of Dona Luisa, as well as several
military officials, and four Negro slaves.

Documents available from the Spanish Archives for the pre-1763
period rarely include testamentaries. Don Francisco Menendez Marques'
will is therefore somewhat unique and very informative, as is the
ultimate disposition of his residence.

The entry in the Parish Lurial Fecords reads:

Monday, 29 April, 1743, I Francisco Xavier Arturo, Cura Beneficiado
of the Parish Church of St. Augustine, Florida, delivered to the
Convent of the Religious of the Seraphic Father St. Francis, the
body of the deceased accountant, Don Francisco Menendez Marquis,
native of this city, aged 72 or 73 years, son of Don Thomas Men-
endez Marquis and Doia Maria Ruis Mexfa, deceased, who was married
to Doia Catalina de Avila y Saavedra; he had received the
Sacraments and made a will before Dcn Simcn Basquez, Public and
Government Scribe; his heirs and executors recorded in the clauses
of the said will, and I sign
Francisco Xavier Arturo [rubric]

The deceased accountant, distantly related to the Adelantado
Don Pedro Menendez de Aviles, was born in S. Augustine August 21, 1669.
He passed away on Sunday, April 28, 1743, at the age of 73 years, 8
months and 7 days. His great-grandfather held the office of Treasurer
from 1593 until 1627; his father and two uncles controlled the Accoun-
tancy from 1661 until 1706, and he had held that position for 34 years
prior to his death. He was an important official and a member of an
old and illustrious Florida family.

As soon as the news of his passing became known, the Governmnent
Secretary, Don Simon Basquez Ponce, went to the house and reported
that

there I saw his body, lying on a mat, apparently in a








state of death, and several persons were shrouding it with a
robe of the Order of St.Francis .

The same day, Governor Manuel de Montiano collected all the keys
and delivered them to the Treasurer, Don Juan Esteban de Pena, and
the Last Will and Testament of the deceased was read:.

In the name of God Almighty and the everlasting Virgin
Mary, Our Lady conceived without the stain of original sin,
Amen. Be it known that I, Cavalry Captain Don Francisco
Menendez Marques, Accountant, official of the Royal Treasury
of this garrison, native and resident of this city, legitimate
son of the Accountant Dcn Tomas Menendez Marquis and Dona Maria
Ruiz Mexia, deceased, being sick, although not gravely ill, and
of sound mind and able memory, firmly believing in the mystery
of the Holy Trinity, Father, Son and Holy Spirit hereby
confess to live and die as a Catholic Christian, apprehensive
of death and its uncertain hour, and anticipating mine, wish
to make my will and I implore the Queen of Angels to be
my councilor to whom I plead to intercede with her Most Holy
Son to pardon my sins and place my soul in His Grace; and with
this solemn promise and Divine invocation I order as follows:

First, I intrust my soul to God and beg of Him to pardon
and carry it to eternal rest among His chosen ones. And I order
that when the Lord decides to take me from my present worldly
life, that my body be shrouded with the robe of the Order of
our Serafic Patriarch, St. Francis, and interred in the church
of that convent in the grave which I already have selected there.

I desire that a Priest and a Sacristan Mayor, with High
Cross and vestments accompany my funeral [procession]; also the
clergy who assist and these religious selected by my executors.
And that at the time of the service of the Mass, or the follow-
ing day, a Requiem Mass be said by a minister of the Order of
St. Francis, and that vigil ceremonies be performed. And that
the same procedure be repeated at the end of the year. I also
order three Masses for my soul, and that the Brotherhood of the
Holy Sacrament shall be given fifteen ducats for alms, and
twelve reales for obligatory legacy. The latter legacies have
been excluded and separated from my estate.

And I order that my grave be paid for within a year, if
my executors approve, as there is provision for it, and if not,
in quarterly payments before the end of the year, and that under
the same terms, they request twenty-five Masses for the repose
of my soul and for my intention.

I declare that I was married for the first time to Doia
Antonia Basilia de Le6n, and of our marriage we had as our
legitimate children: Doia Ger6nima, Dora Luisa, Dofa Manuela,
Doia Teresa, Don Francisco and Bofa Maria de los Angeles Menendez
Marques; and that as the result of the death of the said Do.a
Ger'nima, Doia Manuela and Doia Teresa, I have as my legitimate
grandchildren Doia Sebastiana, Don Lorenzo, Don Felipe and Don





10.


Eusebio Benedit Horruitiner; Dofa Francisca, Don Alexandro,
Doia Micaela and DoFa Manuela Urbano de Melo; and Dofa Antonia
de Hita Salazar.

Although we each brought some property into the marriage,
none remains, as a result of the enemy's invasion.

And I declare that I was married a second time according
to the precepts of our Holy Mother Church, the same as the first
time, to Dofa Francisca L6pez de Toledo, but we did not have any
children, and with the consent of her father, Captain Don Sebastian
Lopez de Toledo, she willed me her maternal legacy.

And I declare that I married a third time, also according
to the precepts of our Holy Mother Church, to Doia Catharina
Abila y Saavedra, now living, but that we have had no children
of this marriage.

When we were married she brought to the marriage a small
house of tabique de palma, a Negro named Domingo, to whom she
gave his freedom, a Negress named Lorenza, whom she sold, and
with the proceeds bought another named Maria, who is still in
her possession, and who has two children, Vitoria and Juan Joseph.
I must remark that I contributed about 80 pesos for the purchase
of the said Maria, and that this is the extent of the gains.

And I declare as my profits in this marriage a young
Mulatto named Francisco Xavier, a young Negress named Bentura
whom I have adjudged to my wife Doia Catharina de Abila. When
we were married I brought into the marriage the two-story houses
where we live at present, a Negress named Rita, mother of the
said Negro children, a Negro named Francisco, and all the orna-
ments in my house composed of various paintings, chairs and
prints.

And I declare that I am the owner of the savanna called
Araquei, composed of 8 arrobas of cultivated land, one portion
of which I bought from Don Joseph Primo de Rivera, and the re-
mainder from Don Ger6nimo de Leon.

And I also declare (and this is for the information of my
brother and his heirs) that the cattle farm called La Chua, com-
posed of 25 leagues of land, a grant from the King to our grand-
parents, belongs to us under propriety and law, although we do
not possess it at this time, and that when it was lost during
the invasion of the enemy and Indian uprising, it was possessed
by Don Tomas Menendez, my father.

And I declare that in the southern portion of the area
called St. Nicolas, located two leagues more or less from here,
the Menendez family owned a great portion of land; and I heard
say that they had given it to various persons, but I do not know
whether this meant that they sold it, or gave it to them to
enjoy the benefits.

And I declare that as Accountant of the Royal Treasury I
have various pending accounts with the Crown, but I do not know





11.


of their actual condition.

And I declare that I owe Don Francisco Joseph de Aguilar
and to Lt. Don Domingo Rodriguez de Herrera the amounts they
may say they supplied me for support. And I also owe 12 pesos
to Don Joseph de Briones, and to Don Alvaro L6pez de Toledo,
Don Diego Dias Mexia and Don Domingo Joseph de Esealona what-
ever amount they say I owe them. And I owe the heirs of Don
Pedro Neri the amount stated in the note, and to Don Juan de
la Valla the price of a vest.

And I also declare that I have made some notations in an
account book of the amounts I still owe, and those owed me, and
it is my wish that my executors, to clear my conscience, repay
these debts.

And I declare that when my daughter Doia Manuela married
Don Antonio Urbano de Melo, I gave her a house and lot, the
value of which at that time could be ascertained by the records
which are now in the custody of DonAntonio. I also gave her a
slave named Maria Antonia, about 25 years old.

And I declare that I gave another house to my daughter
Dona Ger6nima when she married Don Pedro Horruitiner. The
price for it is listed in the above mentioned ledger, and the
site where the house is located cost me 100 pesos. I also gave
her a mare worth 30 pesos, a pair of earrings worth 40 pesos,
and a Negress named Maria Antonia.

And I declare that when my daughter Doia Luisa married
Captain Don Joseph Sanchez de Urisa, I gave her a slave named
Pedro Sanzon, for whom I paid 200 pesos, a pair of earrings
valued at 40 pesos and a gold chain valued at 50 pesos.

And I also declare that when my daughter Doia Teresa
married Don Pablo de Hita Salazar, I gave her a Negress named
Juana, for whom I paid 200 pesos, a pair of earrings valued at
40 pesos, and a mare worth about 30 pesos, and 26 pesos for the
dispensation for the marriage.

And I declare that when my daughter Dofa Maria de los
Angeles married Don Diego Dias Mexia, I gave her a Negress
named Maria, about 20 years old, born in Florida, a gold chain
valued at 100 pesos, a pair of earrings worth 30 pesos, a
pair of eardrops worth 25 pesos, and I also gave her a necklace
of gold and a velvet cloak trimmed in gold, all worth 100 pesos.

And I declare that when my son Don Francisco Menendez
was married, I gave him a Negro boy, Florida born, named Felix,
who was worth 100 pesos and two cows worth 25 pesos.

To implement this will, I designate the following as my
executors: my son, Don Francisco Menendez, my son-in-law, Don
Diego Dias Mexia, and Don Francisco de Castilla, equally, so
that they can execute this final disposition, even after the










year of executorship [has expired] and I hereby give them con-
sent for the extension. And I especially give power and faculty
to the said Don Francisco Ignacio de Castilla for the management
and administration of all my accounts and affairs, with all the
stipulations, requirements and solemnities required by law.
And thus I hereby grant him this power from this time on, so
that all he executes will be considered valid, and as if I had
granted him a legal power. This is my present and last wish.

And for the reason that I am 80 years old, crippled in
one leg, and sickly for over 12 years, it looks morally impossible
that in my present state I could attend to the debts that I have
contracted with the Royal Hacienda, due to my infirmities, which
have brought me to notorious poverty. And wishing to free my
soul of any doubt and relieve my conscience, I institute the King,
our Lord, (God Bless Him) as my only and universal heir, so that
after my demise all my estate may be adjudged to the Royal
Hacienda; and I beg Your Majesty with the most profound suppli-
cation to forgive my excesses. And in case my whole estate is
reduced to the house which I presently occupy, and to the few
slaves which I have already mentioned, that he will, with his
most sovereign mercy, allow me his forgiveness, moved by his
magnificent Royal Piety and consideration for the many services
rendered by my ancestors and myself for more than 50 or 60 years.

And I therefore name as my universal heirs my said children
and grandchildren, so that they may enjoy it with the grace of
God And I request that each bring a statement of what they
received as my legacy, so that equal distribution may be performed.
And I request that the said Don Francisco Ignacio Castilla, my
executor and council, intercede with His Majesty and the officers
of the Supreme Council of the Indies, with authentic testimony
of this will, and beg in my favor to obtain His Majesty's grace
for consideration of the miserable state of my affairs.

And I revoke and annul all other testaments, codicils,
powers and dispositions which I may have made in the past, in
writing or verbally, as I do not wish them to have any validity,
except this one, which I wish to be my last and final disposition.

St. Augustine, 2 September, 1742.

And the grantor of this instrument, whom I, the undersigned,
attest to know well, granted and signed; the witnesses
being Don Francisco Joseph de Aguilar Don Luis Marquez
and Pedro Soler, all present.

Don Francisco Menendez Marques-

Before me
Simon Basquez
Public and Government Scribe.






Inventory and Appraisal:

In the city of St.Augustine, Florida on the 2nd of May, 1743;
Don Manuel de Montiano, Brigadier of the Royal Armies of His Majesty
and Governor and Captain General of this city and its provinces, Don
Juan Esteban de Pefa, Treasurer, and Don Francisco de Castilla, Interim
Accountant of the Royal Hacienda of this garrison, went to the house
of the deceased Accountant Don Francisco Menendez Marquis, and while
there requested the presence of the appointed appraisers, and proceeded
with the inventory and appraisal of the estate that remained as the
result of the death of the said Accountant, as follows:


1 A Negro named Antonio Bran, about 25 years old, of the I
Mandingo nation, appraised by Lt.Don Domingo Rodrlguez
de Hererra and Don Antonio Canepa for
2. Another Negro named Francisco Capitan, of the Mandingo
nation, 50 years old, crippled, appraised at
3. Another named Francisco Conga, more than 70 years old,
not appraised because he is crippled and old
4. A young Negress named Juana Bentura, born in Florida,
of the age of 7 years, appraised at
5. A Negress named Rita, over 40 years old, native of
the Congo, with a baby 3 months old named Antonia
Basilia
6. A young Mulatto named Francisco Xavier, born in Florida,
three years old
7. A piece of land called the savanna, located at Araquei
8. 4 paintings in fair condition
9. 5 chairs, good condition, appraised by Diego de Morales,
master carpenter, at
10. A small cedar writing desk with 2 drawers, appraised by
the carpenter at
11. A chest of cedar, good condition, appraised by the same
carpenter at
12. A small box in bad condition
13. A small square table, in bad condition
14. A round mahogany table, in fair condition
15. A carriage with its wheels and bars, untrimmed, in very
bad condition
16. The houses of the deceased Accountant, two-story of stone
and wood, covered with shingles, and built in the style
of the country, with thin walls and panelled with wood
inlaid on the same walls, appraised by the master car-
penter Diego Morales and the master mason Juan Rodriguez
Suri at 1


St. Augustine, Florida May 2, 1743


's. Rr.

250 8

LOO

)00

L30


210

LOO
L00
10

10

5

10
1 4
1
10


767 7


2716 3


May 4: The Negro Antonio announced in a loud voice that a sale
would be held in the Plaza, but no buyers presented themselves. The
same procedure followed on the 6,7,8,9,10, 12,13 and 14th. On May
15th at 6:30 in the afternoon, the sale was finally held.

Lt. Col. Don Antonio Salgado bought the young Mulatto named
Francisco Xavier for 175
Capt. Don Francisco, Commandante of the six Galliots





14.

that were here for repair, bought Rita and her baby, 5 chairs
and 4 paintings for 324 6 .
Dona Ana Margarita Paniagua bought the 7 year old Juana
Bentura for 165
Captain Don Pablo purchased the Negro Antonio Bran 245
Don Juan Antonio bought the round table and the small
box for 13
Bonifacio Yanes de la Cruz bought the cedar desk for 3
Ygnacio Rodriguez purchased the small table and a chest 8 6
Capt. Don Fulgencio de Alfaro bid for the houses 1500
but by virtue of a request made by the Governor, they
were applied to His Majesty for that amount, to serve as
a hospital for the infantry of this garrison, and all the
troops that are here for reinforcement.


2434 4
1500


The property at Araquei went unsold.


Expenses of the funeral were


Remainder


934 4
158 1


776 3


Despite opposition to the governor's request by the Royal
Officials, who wanted the houses sold so that there would be funds
to pay creditors, it was decided that the houses be retained by the
Crown to serve as a military hospital for the garrison.

** *
SOURCES

1. Certification of the death of Governor Avendaho by Notary
Alonso Garcia de la Vera: November 25, 1595-AGI 54-5-16/67
Stetson Collection
2. Friction between the parish priest and the Franciscans: Gov-
ernor Diego de Quiroga y Losada to the Crown, June 13, 1690,
AGI 54-5-12/118, Stetson Collection.
3. Cathedral Parish Records-Burials 1623-1638; 1720-1763:Photo-
stats in St. Augustine Historical Society Library.
4. Estate of Don Francisco Menendez Marques: Don Francisco Ygnacio
de Castilla, Interim Accountant, to the Crown, July 3., 1743,
AGI 58-1-34/73-1/2; Royal Cedula to Governor Montiano, September
14, 1744, AGI 58-1-25/132; Governor Montiano to the Crown, 1746[?]
SAGI 58-1-28/114; Council of the Indies to the Crown, June 22,
1747, AGI 58-1-20/232; Royal Cedula to the Viceroy of New Spain,
August 27, 1747, AGI 58-1-25/166; Royal Cedula to the Governor
and Royal Officials, August 27, 1747, AGI 58-1-25/167.


Translated by Mrs. Eugenia B. Arana




Full Text



6. Aer,,L-1q
BURIALS AT THE CONVENT OF SAINT FRANCIS

1595-1763


The St. Augustine Record recently published an account of the discovery of some human bones at the State Arsenal, while workmen were installing a TV antenna base. Mr.Robert Steinbach, archaeologist for the Restoration Commission, examined the bones and suggested the possibility that- there once had been a burial ground there. He was entirely correct.

From 1595 until 1763 there are records of numerous burials in
the area now occupied by the Florida State Arsenal and the immediate vicinity. These represent only a small percentage of the total interments in St.Augustine prior to 1763. Even the Parish Burial Records for the first Spanish period are incomplete. Occasionally, however, because of some unusual circumstance pertaining to the decedent or his estate, additional references are found in the Spanish Archives, supplementing the Parish Records.

One in this category reports the death on Friday, November 24, 1595, of the Governor, Don Domingo Martinez de Avendaio. At 11 AM the following day he was buried at the Convent of San Francisco, with appropriate ceremony. He had served as Governor for only a few months.

On February 14, 1690, Captain Mateo de Sartucha died, and was
buried the following day at the Convent; on May 27, 1690, Doha Juana Avila y Due, wife of the former Governor Sergeant Major Don Pablo de Hita y Salazar was laid to rest at the Convent.

A letter from Governor Don Diego de Quiroga y Losada to the Crown, dated June 13, 1690, reveals that at the time of these burials, there was some friction between the parish priest and the Franciscans concerning the procedure. Such information is relatively obscure, and provides an interesting side-light on events here in St. Augustine 278 years ago.

The Reverend Father Don Alonso de Leturiondo, the parish priest, was a native St. Augustinian, born in 1655, the son of the Ensign Don Domingo de Leturiondo and Doia Marla Solana. In 1687 he began signing the Parish Registers as Cura en interin of the Parish church. The following year he was appointed Curate. In 1691 he donated "certain houses" to the church, on the site where the Bishop's Palace was later' built.

On February 15, 1690, when Father Leturiondo and other clergy,
carrying the Cross of the Parish church, went to the Convent to accompany the body of the deceased Captain Sartucha to the bier, as was the custom, the Very Reverend Father Pedro de Luna, Provincial Minister and Commissioner of the Holy Office of the Inquisition and Crusade, with the Reverend Father Jose de Arguelles, guardian of the Convent, obstructed the door, refusing to let them enter with their Cross, and telling them to take leave of the deceased outside the door.

While this was in strict accordance with the bulas, these rules. had been ignored here "since time immemorial" and the parish priests had always been allowed to enter the Convent with their Cross.




'3.

Inventory and Appraisal:

In the city of St.Augustine, Florida on the 2nd of May, 1743; Don Manuel de Montiano, Brigadier of the Royal Armies of His Majesty and Governor and Captain General of this city and its provinces, Don Juan Esteban de Pefa, Treasurer, and Don Francisco de Castilla, Interim Accountant of the Royal Hacienda of this garrison, went to the house of the deceased Accountant Don Francisco Men'ndez Marquis, and while there requested the presence of the appointed appraisers, and proceeded with the inventory and appraisal of the estate that remained as the result of the death of the said Accountant, as follows:

1 A Negro named Antonio Bran, about 25 years old, of the Ps. Rr.
Mandingo nation, appraised by Lt.Don Domingo Rodriguez
de Hererra and Don Antonio Canepa for 250 8
2. Another Negro named Francisco Capitan, of the Mandingo
nation, 50 years old, crippled, appraised at 100
3. Another named Francisco Conga, more than 70 years old,
not appraised because he is crippled and old 000
4. A young Negress named Juana Bentura, born in Florida,
of the age of 7 years, appraised at 130
5. A Negress named Rita, over 40 years old, native of
the Congo, with a baby 3 months old named Antonia
Basilia 210
6. A young Mulatto named Francisco Xavier, born in Florida,
three years old 100 7. A piece of land called the savanna, located at Araquei 100 8. 4 paintings in fair condition 10
9. 5 chairs, good condition, appraised by Diego de Morales,
master carpenter, at 10 10. A small cedar writing desk with 2 drawers, appraised by
the carpenter at 5 11. A chest of cedar, good condition, appraised by the same
carpenter at 10
12. A small box in bad condition 1 4 13. A small square table, in bad condition 1 14. A round mahogany table, in fair condition 10 15. A carriage with its wheels and bars, untrimmed, in very
bad condition 10 16. The houses of the deceased Accountant, two-story of stone
and wood, covered with shingles, and built in the style
of the country, with thin walls and panelled with wood inlaid on the same walls, appraised by the master carpenter Diego Morales and the master mason Juan Rodriguez
Suri at 1767 7

St. Augustine, Florida May 2, 1743 2716 3


May 4: The Negro Antonio announced in a loud voice that a sale would be held in the Plaza, but no buyers presented themselves. The same procedure followed on the 6,7,8,9,10, 12,13 and 14th. On May 15th at 6:30 in the afternoon, the sale was finally held.

Lt. Col. Don Antonio Salgado bought the young Mulatto named Francisco Xavier for 175
Capt. Don Francisco, Commandante of the six Galliots





10.


Eusebio Benedit Horruitiner; Doia Francisca, Don Alexandro, Doia Micaela and Doia Manuela Urbano de Melo; and Dofa Antonia de Hita Salazar.

Although we each brought some property into the marriage, none remains, as a result of the enemy's invasion.

And I declare that I was married a second time according
to the precepts of our Holy Mother Church, the same as the first time, to Doia Francisca Lipez de Toledo, but we did not have any children, and with the consent of her father, Captain Don Sebastian Lopez de Toledo, she willed me her maternal legacy.

And I declare that I married a third time, also according to the precepts of our Holy Mother Church, to Doia Catharina Abila y Saavedra, now living, but that we have had no children of this marriage.

When we were married she brought to the marriage a small house of tabique de palma, a Negro named Domingo, to whom she gave his freedom, a Negress named Lorenza, whom she sold, and with the proceeds bought another named Maria, who is still in her possession, and who has two children, Vitoria and Juan Joseph. I must remark that I contributed about 80 pesos for the purchase of the said Maria, and that this is the extent of the gains.

And I declare as my profits in this marriage a young
Mulatto named Francisco Xavier, a young Negress named Bentura whom I have adjudged to my wife Doiia Catharina de Abila. When we were married I brought into the marriage the two-story houses where we live at present, a Negress named Rita, mother of the said Negro children, a Negro named Francisco, and all the ornaments in my house composed of various paintings, chairs and prints.

And I declare that I am the owner of the savanna called
Araquei, composed of 8 arrobas of cultivated land, one portion of which I bought from Don Joseph Primo de Rivera, and the remainder from Don Gerinimo de Leon.

And I also declare (and this is for the information of my
brother and his heirs) that the cattle farm called La Chua, composed of 25 leagues of land, a grant from the King to our grandparents, belongs to us under propriety and law, although we do not possess it at this time, and that when it was lost during the invasion of the enemy and Indian uprising, it was possessed by Don Tomas Menendez, my father.

And I declare that in the southern portion of the area
called St. Nicolas, located two leagues more or less from here, the Men~ndez family owned a great portion of land; and I heard say that they had given it to various persons, but I do not know whether this meant that they sold it, or gave it to them to enjoy the benefits.

And I declare that as Accountant of the Royal Treasury I
have various pending accounts with the Crown, but I do not know





14.

that were here for repair, bought Rita and her baby, 5 chairs and 4 paintings for 324 6 Dona Ana Margarita Paniagua bought the 7 year old Juana Bentura for 165 Captain Don Pablo purchased the Negro Antonio Bran 245 Don Juan Antonio bought the round table and the small box for 13 Bonifacio Yanes de la Cruz bought the cedar desk for 3 Ygnacio Rodriguez purchased the small table and a chest 8 6 Capt. Don Fulgencio de Alfaro bid for the houses 1500 but by virtue of a request made by the Governor, they were applied to His Majesty for that amount, to serve as a hospital for the infantry of this garrison, and all the troops that are here for reinforcement.
2434 4
1500
The property at Araquei went unsold.
934 4
Expenses of the funeral were 158 1

Remainder 776 3

Despite opposition to the governor's request by the Royal
Officials, who wanted the houses sold so that there would be funds to pay creditors, it was decided that the houses be retained by the Crown to serve as a military hospital for the garrison.


SOURCES

1. Certification of the death of Governor Avendaho by Notary
Alonso Garcia de la Vera: November 25, 1595-AGI 54-5-16/67
Stetson Collection
2. Friction between the parish priest and the Franciscans: Governor Diego de Quiroga y Losada to the Crown, June 13, 1690,
AGI 54-5-12/118, Stetson Collection.
3. Cathedral Parish Records-Burials 1623-1638: 1720-1763:Photostats in St. Augustine Historical Society Library.
4. Estate of Don Francisco Menindez Marquis: Don Francisco Ygnacio
de Castilla, Interim Accountant, to the Crown, July 3., 1743,
AGI 58-1-34/73-1/2; Royal Cedula to Governor Montiano, September
14, 1744, AGI 58-1-25/132; Governor Montiano to the Crown, 1746[?]
AGI 58-1-28/114; Council of the Indies to the Crown, June 22,
1747, AGI 58-1-20/232; Royal Cedula to the Viceroy of New Spain,
August 27, 1747, AGI 58-1-25/166; Royal Cedula to the Governor
and Royal Officials, August 27, 1747, AGI 58-1-25/167.

Translated by Mrs. Eugenia B. Arana





8.


middle of the church, Father Leturiondo and the other clergymen, with their Cross, and accompanied by the governor, departed. And, commented the Escribano, the governor looked very disgusted because the agreement had not been kept."


EXISTING PARISH RECORDS reveal the following statistics relative to burials at the Convent of St. Francis:

1623-1638 17 males 12 females 4 children Total 33 1720-1763 38 50 3 91 124

There is, therefore, presently a record of 127 burials at the Convent between the years 1595 and 1763, and there is no way to estimate how many more occurred during the intervening years. The 1720-1763 records list one ex-governor, Don Juan de Ayala y Escobar, his wife, Dona Agustina Perez de Villa Real, the treasurer Don Salvador Garcia de Villegas, the accountant, Dcn Francisco Menendez Marques, his first wife, Doia Antonia Basilia de Leon, two of his daughters, Do a Manuela and Dcna Teresa, and one son-in-law, Lt. Don Ignacic Rodriguez Rose, the second husband of Doda Luisa, as well as several military officials, and four Negro slaves.

Documents available from the Spanish Archives for the pre-1763
period rarely include testamentaries. Don Francisco Menendez Marques' will is therefore somewhat unique and very informative, as is the ultimate disposition of his residence.

The entry in the Parish Durial] Fecords reads:

Monday, 29 April, 1743, I Francisco Xavier Arturo, Cura Beneficiado
of the Parish Church of St. Augustine, Florida, delivered to the Convent of the Religious of the Seraphic Father St. Francis, the body of the deceased accountant, Don Francisco Menindez Marques, native of this city, aged 72 or 73 years, son of Don Thomas Menendez Marquis and Dofia Maria Ruis Mexia, deceased, who was married
to Doia Catalina de Avila y Saavedra; he had received the
Sacraments and made a will before Dcn Simin Bisquez, Public and
Government Scribe; his heirs and executors recorded in the clauses
of the said will, and I sign
Francisco Xavier Arturo [rubric]

The .deceased accountant, distantly related to the Adelantado
Don Pedro Menridez de Aviles, was born in S. Augustine August 21, 1669. He passed away on Sunday, April 28, 1743, at the age of 73 years, 8 months and 7 days. His great-grandfather held the office of Treasurer from 1593 until 1627; his father and two uncles controlled the Accountancy from 1661 until 1706, and he had held that position for 34 years prior to his death. He was an important official and a member of an old and illustrious Florida family.

As soon as the news of his passing became known, the Goverr.nment Secretary, Don Simon Basquez Ponce, went to the house and reported that

there I saw his body, lying on a mat, apparently in a





12.



year of executorship [has expired] and I hereby give them consent for the extension. And I especially give power and faculty to the said Don Francisco Ignacio de Castilla for the management and administration of all my accounts and affairs, with all the stipulations, requirements and solemnities required by law. And thus I hereby grant him this power from this time on, so that all he executes will be considered valid, and as if I had granted him a legal power. This is my present and last wish.

And for the reason that I am 80 years old, crippled in
one leg, and sickly for over 12 years, it looks morally impossible that in my present state I could attend to the debts that I have contracted with the Royal Hacienda, due to my infirmities, which have brought me to notorious poverty. And wishing to free my soul of any doubt and relieve my conscience, I institute the King, our Lord, (God Bless Him) as my only and universal heir, so that after my demise all my estate may be adjudged to the Royal Hacienda; and I beg Your Majesty with the most profound supplication to forgive my excesses. And in case my whole estate is reduced to the house which I presently occupy, and to the few slaves which I have already mentioned, that he will, with his most sovereign mercy, allow me his forgiveness, moved by his magnificent Royal Piety and consideration for the many services rendered by my ancestors and myself for more than 50 or 60 years.

And I therefore name as my universal heirs my said children and grandchildren, so that they may enjoy it with the grace of God . And I request that each bring a statement of what they received as my legacy, so that equal distribution may be performed. And I request that the said Don Francisco Ignacio Castilla, my executor and council, intercede with His Majesty and the officers of the Supreme Council of the Indies, with authentic testimony of this will, and beg in my favor to obtain His Majesty's grace for consideration of the miserable state of my affairs.

And I revoke and annul all other testaments, codicils,
powers and dispositions which I may have made in the past, in writing or verbally, as I do not wish them to have any validity, except this one, which I wish to be my last and final disposition.

St. Augustine, 2 September, 1742.

And the grantor of this instrument, whom I, the undersigned,
attest to know well, granted and signed; the witnesses
being Don Francisco Joseph de Aguilar Don Luis Marquez
and Pedro Soler, all present.

Don Francisco Menindez MarquesBefore me
Simon Bisquez
Public and Government Scribe.







of their actual condition.

And I declare that I owe Don Francisco Joseph de Aguilar and to Lt. Don Domingo Rodriguez de Herrera the amounts they may say they supplied me for support. And I also owe 12 pesos to Don Joseph de Briones, and to Don Alvaro L6pez de Toledo, Don Diego Dias Mexia and Don Domingo Joseph de Escalona whatever amount they say I owe them. And I owe the heirs of Don Pedro Neri the amount stated in the note, and to Don Juan de la Valla the price of a vest.

And I also declare that I have made some notations in an
account book of the amounts I still owe, and those owed me, and it is my wish that my executors, to clear my conscience, repay these debts.

And I declare that when my daughter Dofa Manuela married Don Antonio Urbano de Melo, I gave her a house and lot, the value of which at that time could be ascertained by the records which are now in the custody of DonAntonio. I also gave her a slave named Maria Antonia, about 25 years old.

And I declare that I gave another house to my daughter Dofa Gerinima when she married Don Pedro Horruitiner. The price for it is listed in the above mentioned ledger, and the site where the house is located cost me 100 pesos. I also gave her a mare worth 30 pesos, a pair of earrings worth 40 pesos, and a Negress named Maria Antonia.

And I declare that when my daughter Dofa Luisa married
Captain Don Joseph Sanchez de Urisa, I gave her a slave named Pedro Sanzon, for whom I paid 200 pesos, a pair of earrings valued at 40 pesos and a gold chain valued at 50 pesos.

And I also declare that when my daughter Doia Teresa
married Don Pablo de Hita Salazar, I gave her a Negress named Juana, for whom I paid 200 pesos, a pair of earrings valued at 40 pesos, and a mare worth about 30 pesos, and 26 pesos for the dispensation for the marriage.

And I declare that when my daughter Dofa Maria de los Angeles married Don Diego Dias Mexia, I gave her a Negress named Maria, about 20 years old, born in Florida, a gold chain valued at 100 pesos, a pair of earrings worth 30 pesos, a pair of eardrops worth 25 pesos, and I also gave her a necklace of gold and a velvet cloak trimmed in gold, all worth 100 pesos.

And I declare that when my son Don Francisco Menendez
was married, I gave him a Negro boy, Florida born, named Felix, who was worth 100 pesos and two cows worth 25 pesos.

To implement this will, I designate the following as my
executors: my son, Don Francisco Menindez, my son-in-law, Don Diego Dias Mexia, and Don Francisco de Castilla, equally, so that they can execute this final disposition, even after the




9.


state of death, and several persons were shrouding it with a
robe of the Order of St.Francis .

The same day, Governor Manuel de Montiano collected all the keys and delivered them to the Treasurer, Don ua.n Esteban de Pena, and the Last Will and Testament of the deceased was read:.

In the name of God Almighty and the everlasting Virgin
Mary, Our Lady conceived without the stain of original sin,
Amen. Be it known that I, Cavalry Captain Don Francisco
Men~ndez Narquis, Accountant, official of the Royal Treasury
of this garrison, native and resident of this city, legitimate
son of the Accountant T)cn Tom's Men'ndez Marquis and Dofa Maria Ruiz Mexia, deceased, being sick, although not gravely ill, and of sound mind and able memory, firmly believing in the mystery of the Holy Trinity, Father, Son and Holy Spirit . hereby confess to live and die as a Catholic Christian, apprehensive of death and its uncertain hour, and anticipating mine, wish
to make my will . and I implore the Queen of Angels to be my councilor to whom I plead to intercede with her Most Holy
Son to pardon my sins and place my soul in His Grace; and with
this solemn promise and Divine invocation I order as follows:

First, I intrust my soul to God and beg of Him to pardon
and carry it to eternal rest among His chosen ones. And I order
that when the Lord decides to take me from my present worldly
life, that my body be shrouded with the robe of the Order of
our Serafic Patriarch, St. Francis, and interred in the church
of that convent in the grave which I already have selected there.

I desire that a Priest and a Sacristan Mayor, with High
Cross and vestments accompany my funeral [procession]; also the clergy who assist and thcse religious selected by my executors.
And that at the time of the service of the Mass, or the following day, a Requiem Mass be said by a minister of the Order of St. Francis, and that vigil ceremonies be performed. And that the same procedure be repeated at the end of the year. I also order three Masses for my soul, and that the Brotherhood of the
Holy Sacrament shall be given fifteen ducats for alms, and
twelve reales for obligatory legacy. The latter legacies have
been excluded and separated from my estate.

And I order that my grave be paid for within a year, if
my executors approve, as there is provision for it, and if not,
in quarterly payments before the end of the year, and that under
the same terms, they request twenty-five Masses for the repose
of my soul and for my intention.

I declare that I was married for the first time to Doia
Antonia Basilia de Le6n, and of our marriage we had as our
legitimate children: Dofa Ger6nima, Doia Luisa, Dofa Manuela,
Doiia Teresa, Don Francisco and DoBa Maria de los Angeles Menindez
Marques; and that as the result of the death of the said Do.a
Ger'nima, Doia Manuela and Doia Teresa, I have as my legitimate grandchildren Doia Sebastiana, Don lorenzo, Don Felipe and Don




7.


To avoid any disturbance, Father Leturiondo returned with his Cross to the church. But he was annoyed, and the incident caused considerable comment in town.

On May 26, he reported to the Governor, Doia Juana Du$ had passed
away and was to be buried at the Convent. Wishing to avoid a recurrence of the previous disturbance that had caused so much scandal in town, Father Leturiondo sent a message to Father de Luna, by the cleric Sebastian Groso, explaining the local custom, the same that was observed in the Spanish domain, Havana, and later extended to the colonies. He asked Father de Luna to honor the custom, despite the provision of the bulas. He also requested that Father de Luna present whatever evidence he might have to the Bishop, and said that if the Bishop ordered the terms of the bulas to prevail, he would respect his wishes. But, in this instance, if Father de Luna still insisted on strict adherence, he would be obliged to request help from the Crown.

Father de Luna delayed his answer until a second message was sent. Then he replied that if Father Leturiondo tried to enter the Convent, .for the funeral of Dolia Juana, he would again be refused.

Early in the morning of May 27, Father Leturiondo appealed to the Governor to intercede. A meeting was held at the governor's residence, with Don Nicolas de Esteves de Carmenatis, one of the executors of the deceased, Don Alonso Solana, the Escribano, and the Adjutant Don Bernardo Nieto y Carvajal. Don Nicols said he had expressed his concern as to the condition of the body, which was rapidly decomposing in the heat of late May, and that he had been assured by Father de Luna that the old custom would prevail.

While they were talking, Fray Marcelo de San Jos& and Fray Diego
Bravo brought word from Father de Luna that because of the decomposition of the body, and also because of the "interference" of the Governor, he would, in this one instance, allow the Cross of the Parish Church to enter the Convent, but that this procedure would definitely not be allowed.in future. Father Leturiondo was unconvinced, and wanted the agreement in writing.

Later that same morning, between 9 and 10 o'clock, Father Leturiondo, the Sacristan Mayor Sebastian Groso and other clergy, accompanied by the Governor and several townspeople, went to the house of the deceased and carried the body to the Convent. When they arrived, despite the previous agreement, the guardian of the Convent Fray Jos' de Arguelles, stood on the right side of the door holding the Cross of the Convent and obstructed their entrance. And he started an argument as to which of the respective Crosses should enter on the right side. The right side, by the old custom, belonged to the Parish priest.

The Governor remarked that apparently the Franciscans did not intend to honor their agreement. The guardian said," Sexior Governor, I have been ordered." The Governor replied, "I represent His Majesty. The custom is to be observed, and you may object to my action wherever You see fit."

The clergy from the Parish Church and their Cross then entered
the Convent on the right side. After placing the body on a table in the