Spanish Colonial Women and the Law: Complaints, Lawsuits, and Criminal Behavior: Documents from the Spanish Colonial Archives of New Mexico, 1697-1749

by Linda Tigges (Editor), Richard Salazar (Translator)

Overview

Women in early 18th century Spanish Colonial New Mexico had rights and privileges under Spanish law that were not enjoyed by other women in North America until the late 19th and early 20th century. Women were considered separate entities under the law and valuable members of Spanish society. As such, they could own property, inherit in their own name, and act as court witnesses. In particular they could make accusations and denunciations to the local alcalde mayor and governor, which they frequently did.

The documents in this book show that Spanish Colonial women were aware of their rights and took advantage of them to assert themselves in the struggling communities of the New Mexican frontier. In the documents, the women are shown making complaints of theft, physical and verbal abuse by their husbands or other women, and of non-payment of dowries or other inheritance. Other documents are included showing men accusing women of misrepresenting property ownership and dowry payments and of adultery and slander.

Spain was a legalistic society and both women and men used the courts to settle even minor matters. Because the court proceedings were written down by a scribe and stored in the archives, many documents still exist. From these, thirty-one have been selected allowing us to hear the words of some outspoken Spanish women and the sometimes angry men, speaking their minds in court about their spouses, lovers of their spouses, children, and relatives, as well as their land, livestock and expected inheritance. The documents translated into English in this book are a small number of the existing documents held in Santa Fe at the Spanish Archives of New Mexico, at the Bancroft Library at University of California, the Archivo General de la Nacion in Mexico City, and elsewhere. A synopsis, editor's notes, maps, and biographical notes are provided. The material can be considered a companion, in part, to Ralph Emerson Twitchell's 1914 two volumes, The Spanish Archives of New Mexico, available in new editions from Sunstone Press.

Sunstone Press has also published a Spanish/English edition both in both hardcover and softcover.

Product Details

ISBN-13:	9781632931863
Publisher:	Sunstone Press
Publication date:	06/08/2017
Pages:	374
Product dimensions:	7.00(w) x 10.00(h) x 0.77(d)

About the Author

Linda Tigges, PhD, is a retired land planner. In the 1980s and 1990s, she worked with the City of Santa Fe's Archaeological Review Committee and the Historic Design Review Board and prepared City publications on architectural history and Spanish Colonial Santa Fe. She is a New Mexico certified historian with the New Mexico Historic Preservation Division. She is also the editor of "Spanish Colonial Lives, Documents from the Spanish Colonial Archives of New Mexico, 1705-1774." Written material includes archival research on Santa Fe historic properties, published work on the Santa Fe presidio in "All Trails Lead to Santa Fe, An Anthology Commemorating the 400th Anniversary of the Founding of Santa Fe, New Mexico in 1610," from Sunstone Press, as well as articles for various journals and publications.

J. Richard Salazar retired from the New Mexico State Records Center and Archives in 1996 as Director of the Archival Services Division of that agency. Since that time he has been conducting historical research for the various acequia associations of northern New Mexico in their attempts to determine their acequia priority dates. He has worked with New Mexico's archival documents, including the land grant records, for over forty years. He was the transcriber and translator for "Spanish Colonial Lives, Documents from the Spanish Colonial Archives of New Mexico, 1704-1774." He was born and brought up in northern New Mexico.

Table of Contents

CONTENTS

LIST OF ILLUSTRATIONS / 7

ABBREVIATIONS IN TEXT AND NOTES / 7

FOREWORD / 9

PREFACE / 11

HISTORICAL INTRODUCTION / 13

DOCUMENTS / 49

1 / Sisters Throw Rocks at Rival, Governor Threatens Banishment / 51

2 / Jacinto Sánchez Granted Permission to Search for a Bar of Lost Spanish Silver / 57

3 / Gossip Creates Domestic Violence; Josefa Sedaño Fears Loss of Reputation / 60

4 / Family Killed in 1696 Pueblo Revolt; Female Survivors Ask Permission to Leave the Colony / 65

5 / Soldier Agustín de la Palma Accused of Rape; Takes Sanctuary in the Parroquia / 69

6 / Francisca Gómez de Torres Asks Governor for Protection from Abusive Husband / 89

7 / Cristóbal de Góngora Claims Divorce from Wife; She Resists / 107

8 / Battered Woman Walks From Atrisco to Santa Fe in Fear of Husband and Mother-in-Law / 117

9 / Couple Punished for Cohabitation / 126

10 / Inheritance of Two Cows Demanded by Orphaned Daughter Catalina de Villalpando / 129

11 / Two Male Servants Fight over Woman on the Other Side of the Santa Fe River / 132

12 / Presidio Soldier Killed in Action; Wife Requests Money from Insurance Fund / 138

13 / Mistress of Deceased Governor Cuervo y Valdés Searches for Promised Financial Guarantee of 10,000 Pesos / 149

14 / Ana María Romero [Villalpando] Spreads Scandal; Sentenced to Humiliating Punishment / 158

15 / New Mexican Ranchers Lucía Hurtado and Luis García de Noriega End Court Case with Embrace; Cow Recovered / 162

16 / Pedro Montes Vigil Accuses Ana María Romero of Gossip and Father-in-Law of Reneging on Marriage Portion / 165

17 / Father Demands Marriage of Presidio Soldier to Seduced Pregnant Daughter / 172

18 / Bigamy Case Heard by Inquisition Tribunal Against Agustín de la Palma; Severe Punishment Imposed / 186

19 / Prickly Pear Cactus Cause of Altercation between Santa Fe Neighbors / 192

20 / Isidro Sánchez Confesses to Robbing Presidio Storehouse; Lieutenant- Governor Villasur Investigates / 200

21 / Mother Accuses Daughter and Son-in-Law of Ongoing Affair / 210

22 / Bigamy Case Dropped When Murder of Wife Discovered / 223

23/ Juana de Anaya Almazán Claims La Cieneguilla Inheritance / 245

24 / Fight between Chimayó Cousins Results in Head Injury; Mother Complains / 262

25 / Mother of Soldier Slapped by Santa Fe Trader; Son Intervenes / 274

26 / Wife Complains about Husband’s Fifteen-Year Affair to Governor / 286

27 / Santiago Resident Asks for Help with Incorrigible Wife; Couple Escorted to Valencia by Soldiers / 296

28 / Isidro Sánchez Gives Legal Advice to Jilted Presidio Soldier / 303

29 / Isidro Sánchez Ordered to Stop Giving Legal Advice by Alcalde and Governor / 308

30 / Lovers Flee Santa Cruz to Outside the Kingdom; Woman Returned to Husband / 310

31 / Rosalia García de Noriega Claims Inheritance; Rescinds Husband’s Power of Attorney / 319