Debt and Duty at Béxar, 1757: Nicolas Carabajal’s Oath

This image was generated using ChatGPT (OpenAI) based on 

a historical summary of the life of Josef Nicolas Carabajal

Cross

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Instrument

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In the villa of San Fernando, in the juris-

diction of the government of Coahuila, New

Philippines, on the nineteenth day of the

month of July of the year one thousand seven hundred and

fifty-seven, before me, Don Martin Flores, senior regidor

and alcalde ordinario of the said villa, in the absence of

Don Luis Menchaca
, in the presence of my attendant witnesses

with whom I act for the receptoría, in the absence of either

a notary public or a notary of the Cabildo, because there is

none in the terms prescribed by law, appeared in his own

person, Don Nicolas Carabajal, a vecino of the aforesaid

villa, whom I certify that I know, and he acknowledges that

he owes the amount of seven hundred and sixteen pesos reales,

the five hundred and eighty-six pesos belonging to the late

general Don Pedro de Rábago, the same that the said señor

supplied me in drafts and effects to my satisfaction when

I was a soldier in the presidio of San Francisco Xavier de

Gigedo, of which the aforesaid deceased señor was captain.

I likewise declare that I also received from Don [Rafael]

Antonio de Bustillo y Zeballos one hundred and ninety

pesos which, in cash and effects, he gave me in the villa

of Coaguila; and this said amount was reduced by sixty pesos

for a trip which I made to the San Saba River by order of the

for a trip which I made to the San Saba River by order of the

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said Señor Don Manuel; because of this deduction there

remains from both amounts the said balance of seven hundred

and sixteen pesos which I acknowledge that I have voluntarily

received. Moreover, I renounce the laws of la entrega a

prueba de su recibo, and I obligate myself to pay the said

amount of seven hundred and sixteen pesos as stated

herein to the aforesaid Señor Don Manuel Antonio de Bus-

tillo y Zeballos, executor of the aforesaid deceased Don

Pedro, or to whoever may represent his cause and right and

the right of the heirs of the aforesaid deceased, in silver

reales or effects to the satisfaction of the individual who

shall receive them. I shall pay this aforesaid amount, in-

cluding collection fees, openly and frankly, without liti-

gation, within a period of two years from this day of the

date, to the execution of which I pledge myself under oath

and by this instrument, and I waive the necessity of further

proof thereof; and for the payment and guarantee of all the

foregoing I obligate my person and property, present and

future; and particularly, without impairment to the said

obligation, general or otherwise, I expressly mortgage the

house in which I live, which is in this villa, and two lots

and a legal of which I have acquired possession; and they

are bounded on the west by the lots of Marciana Longoria,

widow of the late Francisco Hernández, and Royal Street

running south to north, and San Pedro Creek, and on the

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north by Royal Street running west to east, and on the

east by the lots of Christóbal Chirino. These are my

own property, free from all debt, mortgage, tax, codicil,

or lease; and I now encumber them in order that I cannot

sell or alienate them until this debt is paid, and any-

thing done to the contrary shall be null, void, and without

effect; and the said house, legal, and lots may be attached

although they may be in the possession of a third party

and other-owners, since seigniory or quasi-possession shall

pass to no one, and the said possession, lots, house, and

legal shall always be considered as belonging to me. //I

give full power to the justices and His Majesty, especially

to those to whom this instrument shall be presented. I sub-

mit myself and my property to their jurisdiction, and I re-

nounce my right of domicile and any other right which I may

again acquire, and the law of al convenant jurisdiciones

omnium judiciorum and the cláusula renuntíatica de las submissiones,

and other rights and laws in my favor and la general del

derecho in due form in order that I may be compelled as by

a judicial sentence passed and by me accepted. In testimony

whereof I give the present instrument which I sign with those

of my attendance; and in addition there are present Don Joseph

Antonio Rodríguez, Don Santiago de la Roza, and Don Bernardo

de Miranda, vecinos and residents of this villa where it is

done on said day, month, and year.