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Calendar: 1795


(1795)

(______)

to Bishop (Luis Penalver y Cardenas ?)
(New Orleans, Louisiana)

(This manuscript is badly stained and very few words are legible. There is a pencilled date of 1795).

IV-5-b A.L.S(?) 3pp. 8vo. (French)
1


1795 Jan. 14 (?)
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1795 Jan. 4 (?)

Farjon, Theresa de S. Xavier
Superior of the Ursuline Convent

to Father Patrick Walsh
Vicar Judge of New Orleans

In reply to Father Walsh's inquiry of January 3, 1795 concerning the order of the previous Vicar about Don Andres Almonaster, the Superior encloses copies of the order found in her archives. Estevan de Quinones, signs the document as Notary Public. The enclosures are:

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1792 Aug. 18

Henriquez, Doctor Theodoro
Auc(?)illiary Vicar

to Sister Margarita de St. Ignatio Duliepre
Superior of the Ursuline Nuns

Henriquez asks for the reasons for granting the right of patronage to Don Andres Almonaster and about the honors given him.

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1792 Aug. 18

Duliepore, Sister Margarita de St. Ignacio and
Sister Teresa de San Xavier Farjon
Superiors of the Ursulines of New Orleans
Sister Antonio de St. Monica Ramos, Sec.

to Father Theodoro Henriquez
(New Orleans)

The Sisters granted the right of Patronage to Don Andres: (a) Because Don Andres Almonaster manifested such desire to them; (b) because since in their church there was no chapter, they did not find it inconvenient to satisfy him, especially as he had been their generous benefactor. The copy is signed by Estevan de Quinones, Notary Public, Jan. 14, 1795.

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1794 Aug. 14

The King of Spain, Charles IV, through Taranco, Antonio Ventura de, Secretary of the C. of Indies

to the Vicar Forane and ecclesiastical (Judge Patrick Walsh) of the Province of Louisiana

Don Andres Almonaster Roxas, Colonel of militia, Royal governor Ensign of N. Orleans, alleges before the king of Spain that he has the right to occupy a seat of honour in the church of the Ursuline convent, the buildings of which he had caused to be rebuilt at his own expense. D. Theodoro Henrig(?)uez, auxiliary Vicar deprived him of his right causing public scandal. The King addressing the Council of Indies, ordained that Don Andres continue meanwhile, enjoying the use of his right and asked for further information from the Vicar Judge of N. Orleans. -- (There are two copies of the same document).

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1794 Aug. 18

Taranco, Don Antonio Venturo de of the Council of the Indies

to (Father Patrick Walsh Vicar of New Orleans)

Don Antonio notifies Walsh of the decision of the Council of Indies in the case of Don Andres Almonaster. Two things are ordained;
a) Don Andres can continue until a decision is given to
occupy his seat in the Ursuline Church;
b) The King asks for information with proof of his right to
the seat of honor.
(Also in duplicate).

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1795 Jan. 14

Walsh, Father Patrick Vicar Judge of New Orleans

to Don Antioni(?) Venturo de Taranco Secretary of the Council of Indies

In accordance with the Royal decree of August 14, 1794: (1) Walsh restored to Don Andres Almonaster the use of his seat of honour in the Ursuline Convent. (2) As to the request for further information, he also encloses copies of two papers from the archives of the same convent. (3) It appears that D. Theodoro Henriquez was right in telling Don Andres that he should ask the King the right of patronage; (4) Don Andres could not claim the right of patronage because he did not have such a grant from the King and because this right is not a question merely of good faith; (5) Don Andres deserves that the King grant him the right of patronage since he built the church at his own expense. The letter is witnessed by Estevan de Quinones, Notary Public.

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1794 Dec. 19

Walsh, Father Patrick
New Orleans, (Louisiana)

Walsh received a royal order given in St. Ildefonsoon August 14, 1794 that Almonester is to take possession of the seat of honor which he had in the Ursuline Convent on December 21 in the presence of Carondelet. Almonester and the Mother Superior are to be notified; a copy of this decree is to be put into the archives of the convent. Quinones signs as notary.

IV-5-b L. and D.S. and copies 18pp. 4to. (Spanish)


1795 Jan. 19

Barriere, Father Miguel Bernardo Documents on his appointment to the parish of Saint Martin at Attakapas, (Louisiana). They are the following (no. 22).

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1794

Walsh, Father Patrick
(New Orleans)

to Bishop Felipe Jose de Tres Palacios

He notifies the Bishop:
(1) Of the arrival of Don Miguel at New Orleans on the 16th of October as he had already informed him in his letter of the 12th of last July. As his titles and documents are in perfect order, and his conduct is very good, Walsh asks permission to appoint him to one of the parishes of Louisiana.
(2) Being authorized by Bishop's official letter of the 16th of last September to appoint the French Capuchin, Father Fabian, to one of the vacant parishes, he in accordance with the governor appointed him to the parish of San Carlos of the Germans, seven leagues away from the capital.
One copy of the original - Estevan de Quinones, Notary Public.

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1794 Nov. 17

Tres Palacios, Bishop Felipe Jose de
(La Habana)

to Father Patrick Walsh
(New Orleans)

(1) In reply to Walsh's letter of the 5th instant about Don Miguel Bernardo Barriere, in which Walsh says that he has found his qualifications, titles, documents in perfect order, the Bishop allows Walsh in concurrence with the governor to appoint him to the place where he may be most useful for Province. (2) The Bishop takes notice of Father Fabian's appointment to the Parish of San Carlos of the Germans.

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1795 Jan. 5

Walsh, Father Patrick
(New Orleans)

to Bishop Felipe Jose de Tres Palacios
(La Habana)

Walsh notifies the Bishop:
(1) That he received the three official letters, two of the 17th of last November and the other one of the 18th of the same month, concerning the dispensation asked by Don Manuel Gayoso de Lenos (we don't know what kind of dispensation), the appointments of Father Barriere and Father Fabian, the latter appointment having already been made.
(2) Father Walsh asks approval for the assigning of three French immigrant nuns to the Ursuline convent of New Orleans. He will let the Bishop know what will come out about Colonel's dispensation, the case of Father Paul De St. Pierre and father Barriere's appointment.
(3) The Superior of the Ursuline Monastery in her letter of the 30th of last December mentioned the income of another ordinary confessor besides the four previous ones. But as this is a matter of Bishop's concern as fixed by his instructions on Nov. 15, he merely appointed occasionally an extraordinary confessor as allowed in those instructions.
He asks, in case he is to appoint another ordinary confessor, permission to appoint Father Portillo, very well known and admired among the religious.
Copy of the original. Estevan de Quinones, Notary Public

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1795 Jan. 5

Walsh, Father Patrick
(New Orleans)

to Baron Francisco de Carondelet,
(New Orleans)

Walsh notifies the Baron:
(1) That he informed the Bishop of the diocese about the arrival of Father Miguel Bernardo Barriere at New Orleans, and that his documents were in perfect order, and also about Father Fabian's appointment to the parish of San Carlos of the Germans according to the governor's approval. The Bishop replied as follows quoting the text of the letter above that since Walsh has examined Father Barriere's documents and titles, and found them in perfect order, Walsh may appoint him with the concurrence of the governor, and he recognizes Father Fabian's appointment. (2) Walsh asks the governor permission to appoint Barriere to the parish of Atakapas since its pastor, Father George Murphy, asked leave for one year in order he may go back home, and Father Pedro de Tamora, according to his letter the 17th of last December, cannot take it besides his own account of his many sicknesses and the great distance (20 leagues) between the two parishes. He thinks Father Miguel Barriere is the best man for that parish because of its size and it needs of spiritual aid. Copy of the original - Estevan de Quinones
Notary Public

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1795 Jan. 8

Carondolet, Baron Francisco de
(New Orleans)

to Father Patrick Walsh
(New Orleans)

In accordance with Bishop's authorization about Father Barriere's case, as contained in the letter of Jan. 5th, the Baron has no objection but rather urges Father Walsh to make the appointment, since it is a wise appointment and Father Barriere's character is very suitable for that region.

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1795 Jan. 19

Quinones, Estevan de, Notary

Quinones testifies that he was ordered to set at the beginnings of all these documents a copy of Walsh's official communication sent to the Diocesan Bishop and the letter's reply; the official communication of Walsh sent to the governor general of the Province and his reply-documents concerning Father Barriere;s appointment to the parish of Attakapas as a provisional pastor. At the same time Father Barriere was ordered to appear in order to accept the position and swear. The document is signed by Walsh. To this is added the following note:
In the city of New Orleans, on the said day, month, and year, took place these formalities. Father Miguel Barriere appeared before the foreign Vicar and said he accepted the pastorship. Then before the Notary Public, according to the laws, he swore "in verbo sacerdotis tacto pectore" to fulfill faithfully his duties.
This document is signed by Barriere, Walsh, and Estevan de Quinones, notary.

IV-5-b 12pp. 6pp. 6pp. 4 to & 6pp. 8vo. Spanish


1795 Jan. 24

Carondelet, (Francisco Luis Hector) Baron
New Orleans, (Louisiana)

to Pedro de Acuna
(Madrid, Spain)

The royal order of March 13, 1794 conformed with Carondelet's proposal to add 10 pesos a month to the 30 already enjoyed by the six Irish priests, Fathers Patrick Mangan, George Murphy, James Coleman, Charles Burke, Patrick Walsh and Francis Lennan. The orders also asked that an account be given of the parishes, priests and missionaries of the towns, the number of inhabitants and the tithes or offerings. Carondelet encloses: 1. A report of the places to which the six priests are to be sent. 2. The account of the parishes as asked for. Tithes are not paid in any part of the province because of poverty or because having never paid it, they resent it and move out. This was the reason the leaders acted to get rid of the tithe in the Illinois country, which His Majesty conceded by the royal order of April 3, 1786. In the meeting called because of the royal order of June 21, 1790, to investigate waste of royal funds, it was found that far from being guilty of waste in spiritual things, an increase should be made. With the exception of the capital and the Illinois country 500 leagues away, the population consists of isolated plantations so that the pastor could not get help from his people. The smallest extent of each parish is 5 or 6 leagues along both sides of the river, and in the interior it is triple that or more. Therefore a pastor must have one or 2 horses, a slave or hired servant and sometimes a boat. Added to this is the high cost of shipping food and clothing to places high up the river. Also, according to custom, the priest and commandant are expected to feed many who come to church; otherwise not many would come to Mass because religion is very lukewarm in these provinces. Therefore the treasury should assign 30 pesos a year to the priests and 40 to the pastors of the Illinois, to New Madrid, and A(r)kansas.

L.S. Copy (Spanish)
Enclosure:
(______)

(Carondelet, Baron)
(New Orleans), Louisiana

Report of the districts or towns of Louisiana giving the number of souls in each, those with or without a pastor and the income of each.

D. (Spanish) IV-5-b L.S. Copy 8pp. 4to. D. (Spanish)
8


1795 Feb. 25

Quinones, Estevan de
New Orleans, (Louisiana)

As notary public, Quinones records this (document) agreeing with the original and as ordered in the decree.

A.D.S. (Spanish)

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1795 Feb. 7

Pellegrue, Fouignet de
New Orleans, (Louisiana)

Pellegrue as a doctor of medicine, certifies that Father George Murphy has "consumption" and that it seems necessary for him to return to his native land to regain his health. Jose Montegut and Robert Dow(?), who practice medicine in his province, sign the note following this in which they agree with the above.

D.S. Copy (Latin)

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1795 Feb. 23

Murphy, Father George
New Orleans, (Louisiana)

Father Murphy, former pastor of St. Martin's church at At(t)acapas (Louisiana) appears before (Father Patrick Walsh) with a certificate from the best physicians in the city stating that he has been ill for three months and ask8ing permission to return to his native land.

D.S. Copy (Spanish)

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1795 Feb. 23

Walsh, Father Patrick
New Orleans, (Louisiana)

Walsh issues the decree that since the certificates of Father George Murphy are in perfect order as well as the motive for his petition, he grants him permission to go to Havana and present himself to Bishop Felipe Joseph de Tres Palacios who will dispose of the case as he judges fit. His case is to be made known to the Governor-General, (Baron Francisco Luis Hector de Carondelet) so that he may give Father Murphy a passport if he sees fit. The original document is to be sent to the above mentioned bishop and a copy to be made by the notary here present is to be kept in this archives. This is witnessed by Estevan de Quinones as notary public. Quinones adds in two notes below that he notified Carondolet and Murphy of the above decree.

D.S. Copy (Spanish)

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1795 Feb. 23

Carondelet, (Francisco Luis Hector) Baron de
New Orleans, (Louisiana)

The secretary is to issue the passport requested.

D.S. Copy (Spanish)

IV-5-b D.S. Copy 6pp. 4to. (Latin and Spanish)
5


1795 Aug. 1

Miller, Joseph

Documents concerning the case of Joseph Miller versus his wife, Catalina Shepperd.

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1795 Jul. 8

Miller, Joseph

to Father Patrick Walsh
(New Orleans)

Miller's petition to Father Walsh contains the following parts:

(1) Description of the plaintiff: Joseph Miller, Pilot of the high sea, formerly an inhabitant of Pensacola, now at New Orleans, through an attorney at law, presents his complaint to the ecclesiastical Tribunal.
(2) Facts of the case: Miller married Catalina Shepperd before a protestant minister. When he left Pensacola for Philadelphia his wife betrayed him living publicly in concubinage. Moreover she has not paid attention to his warning to quit her bad life and come to live with him.
(3) Petitions of the plaintiff: (a) Miller begs that the Tribunal ask the help of the governor general so that the commander of Pensacola (Henry White) may send Catalina Shepperd to the Tribunal. (b) He begs also that the pastor of Pensacola (James Coleman) be instructed to receive a complete information from sworn witnesses about the bad life of Catalina Shepperd. Moreover he asks that the results of these petitions be remitted to this Tribunal in order justice may be done. This is signed by John Joseph Duforest at the request of Joseph Miller whose hand is maimed. Also signed by Francisco Sales Badillo. To this is added the decree, dated July 8, 1795 of Father Walsh decreeing:
(1) That with the consent of Baron de Carondelet the information asked by Miller and also the petition and the present resolution be sent to the commander of Pensacola.
(2) That everything be done as Miller asked in his petition. To this Patrick Walsh adds his signature and Estevan de Quinones adds his certification. To this Estevan de Quinones adds a certification that he has notified personally Joseph Miller of the above decree on July 10, 1795. Also a certification that he notified on another day Baron de Carondelet. To this he adds a note that the Dispatches were delivered both to the Pastor James Coleman of Pensacola and to Henry White, commander of the mentioned place, respectively on July 12, and 13 of 1795.

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1795 Jul. 8

Walsh, Father Patrick
(New Orleans)

to Henry White
Governor of Pensacola

(1) Walsh communicates to White in transcription the above petition of Joseph Miller, except for that containing Miller's petition to the pastor of Pensacola, James Coleman, with copies of Walsh's decree and the certifications to Miller and Baron de Carondelet.
(2) Walsh ordains that Henry White send Catalina Shepperd at the first opportunity to New Orleans and place her at the disposal of the Tribunal. The copy is signed by Patrick Walsh and witnessed by order of Walsh as Vicar Forane and ecclesiastical judge and by Estevan de Quinones, Notary Public. To this is added the decree of the Baron de Carondelet, dated July 9, 1795 by which the Baron decrees that the petition of the Tribunal be granted. It is signed by the Baron.
To this is added the communication of Henry White, dated July 31, 1795 certifying that
(1) He carried out the inquiries asked for with two witnesses since he lacked a notary public.
(2) He decrees that Catalina Shepperd be put on the schooner "Maria" that sails on the first of August to New Orleans, to be placed at the disposal of the Tribunal.
(3) He decrees that the dispatches be returned to the ecclesiastical Tribunal. This is signed by Henry White and Calderon Garcia and Francisco Canedo as witnesses.

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1795 Aug. 1

Coleman, Father James
(Pensacola)

to Patrick Walsh
(New Orleans)

Coleman notifies Walsh that the inquiries are held up because neither Joseph Miller nor his attorney presented themselves to give the sworn testimony.

Miller, Joseph and Catalina Shepperd

Miller and his wife testify that they come now before the ecclesiastical Tribunal and that the former desists from the prosecution of the process, considering the suit broken; null and cancelled since he expects to live well thenceforth with his wife. The latter promises to behave herself in the best possible manner in order to prove her fidelity. Signed by Francisco Sales Badillo and Juan Jose Duforest at the request of both Miller and Shepperd that cannot write.

IV-5-b 14pp. 134to. 18mo. (Spanish)
10


1795 Aug. 10

Landry, Fermin

Documents concerning the petition of Fermin Landry for a dispensation from the diriment impediment in the third degree, equal, of consanguinity with Anna Leblanc.

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1795 Aug. 10

Landry, Fermin

to Bishop Luis Penalver y Cardenas
New Orleans
(1) Fermin Landry from the parish of Asencion of Acadia, France, notifies the Bishop that he desires to marry Anna Leblanc from the parish of Belle Isle en Mer of France, but that he could not do so because of the diriment impediment of consanguinity that exists between them. He asks the Bishop information about the following matters: (2) Landry set forth this relationship as follows: (a) Firstly that Fermin Landry of the parish of Asencion of Acadia is the legitimate son of Renato Landry and Maria Ferio. (b) Anna Leblanc, his intended wife, of the parish of Belle Isle in Mer, France, is the legitimate daughter of Simon Leblanc and Maria Frahaur. (c) Renato Landry, his father, is the legitimate son of Abraham Landry and Maria Guilbo. (d) Simon Leblanc, father of his intended bride, is the legitimate son of Santiago Leblanc and Margarida Landry. (e) Abraham Landry, his grandfather on the side of his father, and Margaride Landry, grandmother of his intended wife, on the side of her father, are the legitimate children of Juan Landry and Isabel Eber, from which results the impediment of consanguinity in the third degree. equal. (f) In the Post of La Fourche almost all the Acadian families are relatives so that it is difficult to marry strangers. Landry specifies too that his intended and he are poor and if their marriage does not take place she would be exposed to other trials. (3) Since these facts are considered sufficient, Fermin Landry begs the Bishop to grant them this dispensation and that the pastor of the above mentioned parish may marry them in the usual form.
--To this document is added the decree of the Bishop Luis Penalver y Cardenas that the information presented by Fermin Landry be received and as many witnesses as the present Secretary may need should appear. Signed by the Bishop.
--To this is added a certification by Joseph Maria Rivas, Secretary, that the Bishop ordered the decree and signed it on Aug. 10, 1795.
--To this is added another certification by the Secretary Joseph Maria Rivas in which he says that on the same day he notified Fermin Landry of the above decree.
--The document is signed on Aug. 10, 1755, by the Secretary Joseph Maria Rivas at the request of Fermin Landry who could not write. (This note is added at the top of the first page of the document.

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1795 Aug. 10

Rivas, Joseph Maria
(New Orleans)
Certifies: (1) That in virtue of the commission granted him by the decree of Bishop Penalver y Cardenas, Fermin Landry appeared before him, and, under oath, answered the questions asked by Rivas as follows: (2) That his name is Fermin Landry native of the parish of Asencion of Acadia and that he is the legitimate son of Renato Landry and Marid Feris; aged 37 years, unmarried and engaged to Anna Leblanc from the parish of Belle Isle in Mer of France; that both are neighbours in la Fourche. Moreover Landry said that he knows of no other impediment. Finally, Landry swears that all he said is the truth, and he did not sign because he could not write. This is notarized by Joseph Maria Rivas, Secretary.

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1795 Aug. 10

Rivas, Joseph Maria
(New Orleans)

Rivas certifies that in virtue of his commission he received the following information, under oath, from Carlos Goden from New Orleans, a witness presented by Fermin Landry. (a) That Goden knows that Fermin Landry is the legitimate son of Renato Landry and Maria Ferio. (b) That he knows also that Anna Leblanc is the legitimate daughter of Luison Leblanc and Maris Fraham. (c) That he knows that Renato Landry is the legitimate son of Abraham Landry and Maria Guilbo. (d) That Luison Leblanc is the son of Santiago Leblanc and Maria Landry. (e) That since Abraham and Maria Landry's grandparents on the side of their parents are the legitimate children of Juan Landry and Isabel Eber. They are bound by the relationship of consanguinity in the third degree, equal. Finally, he swears to the truth of his statements and that his age is 48 years. He did not sign because he could not write. This is notarized by Joseph Maria Rivas, Secretary.

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1795 Aug. 10

Rivas, Joseph Maria
(New Orleans)

Rivas certifies also that immediately Fermin Landry introduced another witness, Joseph Landry from New Orleans from whom Rivas received sworn testimony to the truth of the same points witnessed by Carlos Goden. He swore also that he was 35 years old, and signed the document Joseph Landry. This is notarized by Joseph Maria Rivas, Secretary.

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1795 Aug. 10

Penalver y Cardenas, Luis
(New Orleans)
The Bishop decrees: (1) That having examined these documents concerning Fermin Landry's petition for a dispensation to marry Anna Leblanc, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have. (2) Moreover he ordains that the parties must cease living under the same roof for the present so that they may restore with their example all they have destroyed by their scandal. (3) Moreover in order to absolve them from their fault, the Bishop ordains that during the publication of the banns, they must daily pray on their knees the three parts of the rosary and contribute twenty pesos of alms to their parish. (4) Furthermore, to this end, the Bishop ordains that the decree be sent to the pastor Bernardo de Deba of La Fourche. So that the latter may dispense them from the publication of the banns. Signed by the Bishop and witnessed by Joseph Maria Rivas, Secretary.
--To this document is added a note by Joseph Maria Rivas certifying that at New Orleans on another day he notified Fermin Landry of the above decree.
--Finally another note is added by Rivas that the decree of the Bishop was sent to the pastor Bernardo de Deba from la Fourche.

IV-5-b D.S. 8pp. 4to. (Spanish)
4


1795 Aug. 11

Documents concerning the petition of Joseph Donato Landry for a dispensation from the diriment impediment in the third degree, equal, of consanguinity with Angela Landry.

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1795 Aug. 11

Landry, Joseph Donato

to Bishop Luis Penalver y Cardenas
New Orleans
(1) Joseph Donato Landry of the parish of St. Gabriel of Manchac, Louisiana, notifies the Bishop that he desires to marry Angela Landry of the parish of Ascension of La Fourche, but that he is prevented by the diriment impediment of consanguinity that exists between them. He asks the Bishop information about the following matters. (2) Joseph Donato Landry set forth this relationship as follows:
(a) Firstly that Joseph Donato Landry of the parish of St. Gabriel of Manchac is the legitimate son of Jose Landry and Margarite Leblanc. (b) Angela Landry, his intended wife, of the mentioned parish is the legitimate daughter of Carlos Landry and Mary Baben. (c) Jose Landry, his father, is the legitimate son of Pedro Landry and Mary Baben. (d) Carlos Landry, father of his intended wife, is the legitimate son of Francisco Landry and Dorada Buchete. (e) Pedro and Francisco Landry their paternal grand parents are the legitimate children of Pedro Landry and Margarite Baben, from which results the impediment of consanguinity in the third degree, equal. (f) In the post of La Fourche almost all the Acadean families are relatives so that it is difficult to marry strangers. Joseph Landry specifies too that his intended and he are poor and if their marriage does not take place, she would be exposed to other trials. (3) Since these facts are considered sufficient, Joseph Donato Landry begs the Bishop to grant them this dispensation and that the pastor of the above mentioned parish be permitted to marry them in the usual form.
--To this document is added the decree of the Bishop Luis Penalver y Cardenas that the information presented by Joseph Donato Landry be received and that his witnesses should appear before the present secretary. After all is done, the declarations must be brought in. Signed by the Bishop.
--To this is added a certification by Joseph Maria Rivas, secretary, that the Bishop ordered the decree and signed it on Aug. 11, 1795.
--The document is signed on Aug. 11, 1795 by the secretary Rivas at the request of Joseph Donato Landry who could not write (This note is added at the top of the first page of the document).

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1795 Aug. 11

Rivas, Joseph Maria
(New Orleans)
Rivas certifies: (1) That in virtue of the commission granted him by the decree of Bishop Penalver y Cardenas, Joseph Donato Landry appeared before him, and under oath, answered the questions asked by Rivas as follows: (2) That his name is Joseph Donato Landry native of the parish of St. Gabriel of Manchak and that he is the legitimate son of Jose Landry and Margarite Leblanc; aged 18 years, unmarried and engaged to Angela Landry native of the parish of Ascension of la Fourche. Both are neighbours in la Fourche. Moreover, Joseph Landry said that he knows of no other impediment. Finally, he swears that all he said is the truth, and did not sign because he could not write; this is notarized by Joseph Maria Rivas, Secretary.

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1795 Aug. 11

Rivas, Joseph Maria
(New Orleans)

Rivas certifies that in virtue of his commission, he received the following information, under oath, from Carlos Goden from New Orleans, a witness presented by Joseph Donato Landry on the same day, month and year. (a) Goden knows that Joseph Landry is the legitimate son of Jose Landry and Margerite Leblanc. (b) That Angela Landry if the legitimate daughter of Carlos Landry and Maria Baben. (c) That Jose Landry is the legitimate son of Pedro Landry and Maria Baben. (d) That Carlos Landry is the legitimate son of Francisco Landry and Donada Burchete. (e) That since Pedro and Francisco, Landry paternal grandparents of the parties, are the legitimate children of Pedro Landry and Margerite Baben, they are bound by the relationship of consanguinity in the third degree, equal. (f) That these facts are publicly known in La Fourche. Finally, Carlos Goden swears it the truth of his statements and that his age is 48 years. He did not sign because he could not write. This is notarized by Joseph Maria Rivas, Secretary.
--To this is added a certification by the Secretary Joseph Maria Rivas (at the top of the first page of the document) in which he says that on another day he notified Joseph Donato Landry of the above decree.

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1795 Aug. 11

Rivas, Joseph Maria
(New Orleans)

Rivas certifies also that immediately Joseph Donato Landry introduced another witness Joseph Landry, from whom Rivas received sworn testimony to the truth of the same points witnessed by Carlos Goden. He swore also that he was 35 years old, and signed the document Joseph Landry. This is notarized by Joseph Maria Rivas, Secretary.

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1795 Aug. 11

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees: (1) That having examined these documents concerning Joseph Donato Landry's petition for a dispensation to marry Angela Landry, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have. (2) Moreover he ordains that the parties must cease living under the same roof for the present so that they may restore with their example all they have destroyed by their scandal. (3) Moreover, in order to absolve them from their fault, the Bishop ordains that during the publication of the banns they must daily pray on their knees the three parts of the rosary and contribute twenty pesos of alms to their parish. (4) Furthermore to this end, the Bishop ordains that the decree be sent to Father Bernardo Pastor of la Fourche, so that the latter may dispense them from the publication of the banns. Signed by the Bishop and witnessed by Joseph Maria Rivas.
--To this document is added a note by Rivas certifying that at New Orleans on another day he notified Joseph Donato Landry of the above decree.
--Finally another note is added by Rivas that the decree of the Bishop was sent to the pastor Father Bernardo de Deba of la Fourche.

IV-5-b


1795 Aug. 14
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1794 Aug. 15
Llaguno y Amirola, Eugenio de (Minister of Justice)
(Madrid, Spain)

to (Francisco Luis Hector, Baron de Carondolet)
New Orleans, Louisiana

In accordance with the legal action brought by Father Joaquin de Portillo, (O.M.Cap.) regarding the rent of a house, his Majesty has decided that the 500 pesos rent should be paid. Let the two houses which belonged to Fathers Antonio de Sedella and Josef de Xerez be rebuilt so that the Capuchins may use them until Don Andres Almonester (y Roxas) builds the mission house according to his offer. (Certified copy made on Aug. 14, 1795 by (name illegible))).

IV-5-b 2pp. 8vo. Certified copy of D.(Spanish)
6


1795 Aug. 17

Penalver y Cardenas, Luis Bishop
(New Orleans)

1.) The Bishop announces the receipt from the Bishop of Havana, based on the Royal Decree of Oct. 2, 1794 of the official gloss of the accounts of Father Antonio de Sedella, during the time he was a collector of the parochial rights and churchwarden of the present Cathedral of St. Louis. Moreover, the Bishop of Havana declares therein that the knowledge of such procedures as well as of others is personal to the Bishop.
2.) Penalver decrees: a.) That the gloss made of those accounts by Father Luis de Quintanilla and the Brother Vicente de Alcala are to be added to this gloss. b.) That according to the law of the Royal Patronage of the Indies, the Baron de Carondelet is to be notified in order that he may take the necessary measures in the matter. Signed by the Bishop and witnessed by Rivas.
--To this is added a note by Rivas, dated Aug. 17, 1795 certifying that he notified personally the Baron of the above decree, and the Baron agreed willingly to cooperate in the process. (This note is not signed).
--To this is added a decree by the Bishop Cardenas and Carondelet, ordering the gloss of the accounts, made on Oct. 19, 1792 by Father Quintanilla and Brother Alcala, to be handed over to Father Antonio de Sedella in order that he may add it to whatever he wishes to explain it. Signed by the Bishop and Baron de Carondelet.
--To this is added a note by Rivas, certifying that the above decree was issued at New Orleans by the Bishop and the Baron and signed by them on Aug. 20, 1795. Signed by Joseph Maria de Rivas.

L.S. 2pp. 4to. (Spanish)

--------
1795 Sep. 2

Sedella, Father Antonio de

to Francisco Rendon
(New Orleans)

Father de Sedella asks Rendon to certify that during the 21 months he had control of the Church, he received only 50 pesos for the expense of bread, wine and candles and that with them he supplied the said Church during the first six months of 1788. Moreover, he asks Rendon to have the Auditorship verify this. Signed by Antonio de Sedella.
--To this is added a note by Rendon, on the top of the first page of Sedella's letter, dated Sep. 3, 1795, ordering this to be done as requested.

--------
1795 Sep. 4

Orue, Joseph de, Chief Accountant of the army and Royal Exchequer
(New Orleans)

1.) Orue certifies that as it appears from the general Auditorship books, Father de Sedella received, during the time of his administration, only the amount of 400 silver reales on June 30, 1789.
2.) That the present certification was issued according to the preceding decree of the Quartermaster General of these provinces. Signed by Joseph de Orue.

L.S. 2pp. 4to. (Spanish)

--------
1795 Sep. ?

Sedella, Antonio de

to Bishop Penalver and Baron de Carondelet
(New Orleans)

Sedella says:
a.) That according to the decree of the 20th of the last month he was allowed to examine the gloss of his accounts made by Father Quintanilla and Brother Alcala on Oct. 19, 1792.
b.) That they, even approving the accounts, found the difficulty that in 1788 and 89, 100 (400?) "pesos" were allowed to Sedella by the treasury whereas he received according to the receipts he is presenting.
c.) Sedella asks the Bishop and the Baron to decide what should be done, and swears that he is not acting with malice. Signed by Antonio de Sedella.
--To this is added a decree by Carondelet and the Bishop ordering the document accepted.

A.L.S. 1p. 4to. (Spanish)

--------
1795 Sep. 12

Carondelet, Baron de
and
Penalver y Cardenas, Luis Bishop
(New Orleans)

1.) The Bishop Penalver and the Baron de Carondelet have examined the accounts of charge and expenditure during the time (March 24, 1788 to the end of Dec. 1789) Father de Sedella was the church warden of the present Cathedral of St. Louis. In these accounts are included to those of the collectorship of incomes of the same church from July 2, 1782 to April (?), 1787.
2.) Since the charge amount to 2.615 "pesos" and 4 "reales" and the expenditure to 4.021 "pesos" and 2 "reales" with the balance of 1.405 "pesos" and 6 "reales", the only question put on the floss is solved by the certificate of the Royal Auditorship of the army.
3.) Therefore, the Bishop and the Baron approve the accounts and declare that the churchwarden owes the Treasury of the Church the above mentioned amount of 1.405 "pesos" and 6 "reales".
4.) Moreover, they order that this amount be paid by the churchwarden when he may have funds and without using his allowance.
5.) Moreover, the churchwarden is to be notified of the present decree and an account of it is to be written in the ledger with a copy of these accounts.
Finally, the originals are to be filed in the archives. Signed by the Bishop of Louisiana.

IV-5-b A.L.S. 2pp. 4to. (Spanish)
4


1795 Aug. 20

Guerrero, Father Francisco Perez Processes in the Provision of one of the two canonries of the Cathedral Church of New Orleans in regard to Father Francisco Perez Guerrero.

--------
1795 Aug. 18

Guerrero, Francisco Perez

to Bishop Luis Penalver y Cardenas
(New Orleans)

(1) Father Francisco Perez Guerrero, former chaplain of the royal fleet, encloses with his petition to Bishop Penalver y Cardenas two documents: (a) The Royal Mandate in virtue of which His Majesty presents Francisco Perez Guerrero for one of the two cannonries of the Cathedral Church of New Orleans. (b) A pledge to pay half of an annat. (The two documents are presented later on).
(2) Moreover Father Perez Guerrero states that he is to make application within the legal time, and that he has only to prove: (a) that he has not been expelled from any religious order, and for proof of this he offers certification of two, three or more witnesses. (b) That he does not have any benefice incompatible with one he seeks.
(3) Furthermore he asks the Bishop: (a) For the canonical collation. (b) That after he has made his profession of faith, the legal possession may be granted him.
--To this document is added a note signed by the Bishop, in which he certifies that the royal order and the pledge have been presented, and that he orders the two above mentioned witnesses to appear.
--To this document is added a certification by the Secretary Joseph Maria de Rivas that the above decree was issued by Bishop Penalver y Cardenas who signed it at New Orleans on Aug. 18 of 1795.
--To this is added another certificate or note by the same Secretary, that he notified on the same day Father Francisco Perez Guerrero of the above decree.

--------
1794 Nov. 24

Charles IV (San Lorenzo)
King of Spain

to Bishop Luis Penalver y Cardenas
(New Orleans)

(1) The King reminds the Bishop that the right of patronage belongs legally to him and that this right has been recognized by apostolical bulls. So in virtue of this power: (a) He has the right to present the candidates for the dignities, the canonries and the ecclesiastical benefixes both in the Peninsula and in the Indies. (b) He also has the right to set up new dioceses and divide them, when he judges it convenient, with the proper dignities and pretends (c) that in the particular case of Louisiana he has decided after consulting the Council of Champer of the Indies on Oct. 22, 1792, canonries, each one of them having the annual rent of 600 "Pesos." (d) These amounts will be paid by the Bishoprics of Mexico, Puebla de los Angeles, Valladolid de Michoacan, Caracas y Habana. For that purpose the schedules have been sent to the Bishops dated Nov. 23 of 1793 in order that they understand their obligation. (e) After having consulted the Council of the Indies on Aug. 6, 1794, the King presents Father Francisco Perez Guerrero for the canonry resigned by D. Joseph Gorrsales Aguirre.
(2) (a) Moreover the King asks the Bishop to examine in conscience the merits of Dn. Francisco Perez Guerrero. (b) To give him the appointment. (c) That Perez Guerrero must come in person before the Bishop of Louisiana within two years from the date of the royal Order. (d) Guerrero must give guarantee of the payment of the half an annate within the time allowed him. (e) Finally he has to prove that he was not expelled from any religious institution and does not have any dignity, Canonry or Benefice in the Indies, or that if he has had, he has already resigned them.
(3) If the Bishop does not act accordingly, the King's appointment will be considered as null.
(4) Finally, His Majesty commands this Order to be written down in the general auditorships of the Distribution of the exchequer and in those of the Council of the Indies, both in the Peninsula and in New Orleans, with the guarantee of the payment of the half an annate; otherwise this grant to Father Perez Guerrero will be considered as null. Signed by the King.
--To this is added a certification by the secretary of the King, Don Antonio de Ventura Taranco, that by royal order he caused the above decree to be drawn up.
--Another note certifies the receipt of 180 "reales de Pesets."
--Another note added certifying the presentation of C. Francisco Perez Guerrero for one of the canonries of the Bishopric of Louisiana and Florida and that the Marquis of Bajamar, Bernardo Friarte and Joseph Cirtud have been consulted.
--Other Certifications of the course of the royal process follow:
A copy of the royal order has been made in the general auditorship of the distribution of the Exchequer. Dated Nov. 26, 1794, Madrid. This is certified by Eugenio Achurra because of the indisposition of the general auditor. Countersigned by Juan Augusto de Cerain. Eleven "Pesetas" were charged as rights; and twelve "pesetas" as official rights. A copy of the real Order was made in the general auditorship of Indies on Nov. 26, 1794, Madrid. This is certified by Lorenzo de Vioz because of the occupation of the general auditor.
--There is also the signature of Juan Augusto Cerain, lieutenant of the high Chancellor. Fourteen "pesetas" were charged as rights. This document is sealed. To this document is added a certification, Aug. 17, 1795, New Orleans, that the Bishop Penalver u Cardenas received the royal order about Father Perez Guerrero and ordered it to be delivered to Father Perez Guerrero who arrived yesterday at N. Orleans in order to expedite the process. This is signed by the Bishop and witnessed by Joseph Maria Rivas as secretary.
--Another note is added by Francisco Rendon Aug. 17, 1795, New Orleans in which he certifies that a copy of the royal order will be placed in both the general auditorship of the army and in the Exchequer of these provinces.
Finally another note is added by Jose de Orue certifying that a copy of the royal order was placed both in the general auditorship of the army and in the royal Exchequer.

--------
1795 Aug. 17

Jorda, Jaime

to Jose Orue in behalf of Francisco Perez Guerrero

Jaime Jorda, lieutenant of Militia, (New Orleans) obliges himself to answer to the Exchequer for payment of the half an annate or three hundred pesos, which must be paid by Father Francisco Perez Guerrero. The time to pay id two years after Father Perez Guerrero enters into possession of the canonry. This document is signed by Father Perez Guerrero and Jaime Jorda.
--To this is added a decree dated as above by Rendon in which he approves the above obligation and pledges in behalf of the Exchequer. It is signed by Rendon and by Orue certifying his intervention.
--Another note dated as above is added in which Jose de Orue certifies that the above document is a copy of the original that exists in the general auditorship of the Army.

--------
1795 Aug. 18

Father Perez Guerrero presents the following witnesses:

(1) Joseph Maria de la Barba, warehouse keeper of the Royal body of artillery, 35 year old witness presented by Father Perez Guerrero, appears before Bishop Penalver and testifies that: (a) Father Perez Guerrero is not a religious nor has been expelled from any religious order. (b) He testifies too that Father Perez Guerrero did not have or has any dignity, canonry or benefice in the Indies.
The document is witnessed by the Bishop and is signed by Joseph Maria de la Barba and is notarized by Joseph Maria Rivas.
(2) Immediately, Father Perez Guerrero presented as witness D. Diego Berez Pardo, chaplain of the first battalion of the regiment of Mexico. When he was asked by the Bishop, said that: (a) He had known Perez Guerrero for seventeen years as a chaplain of the Royal fleet and certified to the same facts.
This was signed by the Bishop, Diego Berez Pardo and noto(?)rized by Joseph Maria Rivas as secretary.1795 Aug. 19

Penalver y Cardenas, Luis
(New Orleans)

The Bishop announces
(1) that Father Francisco Perez Guerrero was proposed by the king in his royal order of Nov. 24, 1794 to occupy one of the two canonries of the Cathedral Church of Louisiana with the annual rent of 600 "pesos."
(2) That Father Guerrero fulfilled all the prerequisites for occupancy of the above mentioned prebend by (a) the testimonial proof and notoriety; (b) arrangement for the payment of the half annate.
(3) That in view of these facts, the Bishop decrees that in obedience to the royal order, he granted Father Perez Guerrero the canonry.
Furthermore, the Bishop ordains that Father Perez Guerrero appear before him (a) to make the declaration of faith and the oath of fidelity. (b) To receive afterwards the canonical collation and get possession of the Benefice. (c) So that he will have the right to the annual rent with all the emoluments.
--Signed by the Bishop and witnessed by Joseph Maria de Rivas as secretary.
--To this document is added a note by Joseph Maria de Rivas as secretary.
--To this document is added a note by Joseph Maria de Rivas in which he certifies that he notified Father Perez Guerrero of the above decree on the same day.

--------
1795 Aug. 20

Certification that Father Francisco Perez Guerrero has received the collation of his office from Bishop Penalver y Cardenas
(New Orleans)

The ceremony took place in the Cathedral Church of New Orleans before the following witnesses: Father Antonio de Sedella, Capuchin and Pastor of the mother church; Father Joaquin de Portillo, Capuchin; Dn. Ramon Palao, Procurato, and many other persons.

--The cannonical collation comprehends the following parts: (a) The protestation of faith and the oath of fidelity. (b) The symbolical collation. (c) The royal possession of the chair Father Guerrero will occupy in the chair of the Cathedral.

The Protestation of Faith

Before the Bishop Penalver sitting in his episcopal chair of the Cathedral Church, the canon Guerrero, on his knees, made his declaration of faith. This declaration contains the whole Nicene Creed; the doctrine of the Church about the sacraments, the apostolical traditions, the holy scriptures, about the declarations of the Tridentine Council, about the sacrifice of the Mass and the transsubstantation, about the Purgatory, etc. In fine, Father Guerrero pledges to believe and teach all the Church believes and teaches.

The Oath of Fidelity

Father Perez Guerrero swears: (a) To obey the mandates of the Church. (b) Not to oppose directly of indirectly to the rights of the
Church. (c) Obedience to the occupant of the Holy Church of Louisiana and
to all his legitimate successors. (d) That he will not act against the capitulars or enter into any
conspiracy. (e) That to obtain this prebend he did not make use of any
illicity means. (f) That he will defend the mystery of the immaculate conception. (g) That he will not teach even under the title of probability the
bloody doctrines of regicide and tyrannicide.

The Symbolical Collation

Afterwards the Bishop made the Symbolical Collation putting a berettam on the head of Father Perez Guerrero who kissed the episcopal ring in signal of gratitude. Signed by the Bishop.
--A note is added by the secretary, Joseph Maria de Rivas in which he certifies that he was present and ordered it to be written according to the episcopal order.

The real Possession

(1) Immediately and in the same Cathedral Church, the Bishop Penalver gave Father Perez Guerrero the real possession of the prebend. (2) Ceremony - The Bishop took Father Guerrero by the hand and gave him possession of the chair of the Cathedral, sitting him down and standing him up as a sign of the possession without encroachment on the rights of Father Thomas Hassett, another canon of the Cathedral who has not yet arrived at New Orleans.
--Signed by the Bishop, Father Francisco Perez Guerrero and witnessed by Joseph Maria de Rivas, Secretary.

IV-5-b L&D.S. 18pp, 4to. (Spanish)
9


1795 Aug. 24

Landry, Dionisio

Documents concerning the petition of Dionisio Landry for a dispensation from the diriment impediment in the third degree, equal, of consanguinity with Constanza Melanzon.

--------
1795 Aug. 24

Landry, Dionisio

to Bishop Luis Penalver y Cardenas


1) Dionisio Landry from the parish of Iberville (Louisiana), notifies the Bishop that he desires to marry Constanza Melanzon of the same place, but that he could not do so because of diriment impediment of consanguinity that exists between them.
2) Landry set forth this relationship as follows: a) that Dionisio Landry of the parish of Iberville is the legitimate son of Atanasio Landry and Magdalena Ebert. b) Constanza Melanzon, his intended wife, is the legitimate daughter of Amando Melanzon and Ana Baben; c) Atanasio Landry, his father, is the legitimate son of Pedro Landry and Maria Baben; d) Ana Baben, mother of his intended wife, is the legitimate daughter of Juan Baben and Maria Bourguie; e) Maria Baben, Landry's paternal grandmother and Juan Baben, grandfather of his intended wife, on the side of her mother, are the legitimate children of Francisco Baben and Magdalena Bourque, from which results the impediment of consanguinity in the third degree, equal.
3) His grounds for dispensation are: a) in the parish of Iberville almost all the families are relatives so that it is difficult to marry strangers; b) his intended wife is orphaned of her father; c) unless their marriage is confirmed they will be exposed to human frailty.
4) Since these facts are considered sufficient, Dionisio Landry begs the Bishop to grant them this dispensation and that Father Buenaventura de Castro, O.M.Cap., pastor at Iberville may marry them in the usual form.
--To this document is added the decree of the Bishop Penalver y Cardenas ordering that the information presented by the party be received and that the witnesses should appear and the results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Aug. 24, 1795.
--Another note by Rivas that on the same day he notified Dionisio Landry of the above decree.

--------
1795 Aug. 24

Rivas, J(ose)ph M(ari)a de, Secretary
(New Orleans)

Rivas certifies:
1) That Dionisio Landry appeared before him, and under oath, answered the questions asked as follows: a) that his name is Dionisio Landry from the parish of Iberville; b) that he is the legitimate son of Atanasio Landry and Magdalena Ebert; c) that he is 21 years old, unmarried and bound by no vow or marriage to anyone other than Constanza Melanzon; d) he assures that he knows of no other impediment.
2) Finally, Dionisio Landry swears that all he said is the truth and Rivas signed the document at the request of Landry who cannot write.
--Immediately appeared Carlos Ebert, witness presented by Dionisio Landry, who under oath testified as follows: a) that he knows Dionisio Landry, legitimate son of Atanasio Landry and Magdalena Ebert; b) that Constanza Melanzon from the same parish is the legitimate daughter of Amando Molanzon and Ana Baben; c) that Atanasio Landry, father of Dionisio Landry, is the legitimate son of Pedro Landry and Maria Baben; d) that Ana Baben, mother of Constanza Melanzon is the legitimate daughter of Juan Baben and Maria Bourguie; e) Maria Baben, Landry's paternal grandmother and Juan Baben, grandfather of his intended wife, on the side of her mother, are the legitimate children of Francisco Baben and Magdalena Bourque, from which results the impediment of consanguinity in the third degree, equal; f) that in the parish of Iberville it is publically known that most of the neighbors are relatives; g) that it is also known that Constanza Melacon is orphaned of her father; g) Finally he swears to the truth of his statements and that he is 32 years old. Signed by Carlos Ebert and notarized by Rivas.
--Immediately appeared Pablo Ebert, another witness presented by Dionisio Landry, from who, Rivas received sworn testimony to the truth of the same points witnessed by Carlos Ebert. He swore also that he is 38 years old. He did not sign because he could not write. Not(o?)rized by Rivas.

--------
1795 Aug. 10

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees:
1) That having examined these documents concerning Dionisio Landry's petition for a dispensation to marry Constanza Melanzon, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have.
2) Moreover, he ordains that the parties must cease living under the same roof for the present and must make a general confession so that they may restore with their example all they have destroyed by their scandal.
3) In order to absolve them from their fault, the Bishop ordains that during the publication of the banns, they must daily pray on their knees the three parts of the rosary and contribute twenty pesos of alms to their parish.
4) To this end, the Bishop ordains that the decree be sent to the pastor of the parish of Iberville, so that the latter may impart the nuptial blessings. Signed by the Bishop and witnessed by Joseph Maria rivas, Secretary.
--To this document is added a note by Rivas certifying that at New Orleans on the same day he notified Dionisio Landry of the above decree.
--Finally, is added another note by Rivas that the decree of the Bishop was sent to the pastor Buenaventura de Castro of Iberville parish.

IV-5-b A.D.S. 11pp. 8vo. (Spanish)
4


1795 Aug. 24

Ramis, D. Antonio

Statements of the accounts of the churchwarden during his administration from 1785 to 1791.

--------
1792 Feb. 7

Henriquez, Don D. Theodoro Thirso Henrique

to D. Antonio Ramis
(New Orleans)

D. Theodoro Henriquez, Vicar Forane of Louisiana under Felipe Jose de tres Palacios, Bishop of Louisiana, Florida and Pensacola, says that: Since he has received no statements of accounts since that of D. Juan Durel, his predecessor in 1779, orders Rauris to give an account of the rents of his office, with documents, within 5 days. Signed by Henriquez and witnessed by Estevan de Quinones as Notary Public.
--To this is added a note by Quinones certifying that on the same day he notified D. Antonio Rauris of the above decree.

D.S. 2pp. 4to. (Spanish)

--------
1792 Feb. 28

Ramis, Antonio

to the Governor General of Louisiana (Baron de Carondelet)
and to the Vicar Forane (Theodoro Henriquez)
New Orleans

Ramis, Churchwarden of the parish of St. Louis at New Orleans, notifies the Governor General and the Vicar Forane that as requested, he presents the accounts of the administration of the funds of the church with proofs. 2) Moreover, he asks them to order that they may be glossed to further their verification. 3) Finally he begs that justice may be done.
--To this is added a note signed by Carondelet and Henriquez certifying that the accounts with proofs have been handed in.
--To this is added a note by Quinones certifying that the above decree was issued and signed by Carondelet and Henriquez on Feb. 28, 1792. Another note is added by Quinones certifying that he notified on the same day Ramis of the above decree.
--To this is added the itemized account of D. Antonio Ramis on Feb. 24, 1792, at New Orleans, during his administration from 1785 to 1791. The final result of the account is: Income: 12.583 pesos and 6 reales and Expenditure: 12.736 pesos and 4 1/2 reales from which results a balance in favor of Ramis of 152 pesos and 6 1/2 reales. Finally Ramis swears by God and Cross that that is the real account. Signed by Antonio Ramis.

D.S. 14pp. 4to. (Spanish)

--------
1792 Feb. 29

Henriquez, Theodoro Thirso Henrique
and
Baron de Carondelet, Francisco
(New Orleans)

The Vicar Forane and the Governor General Decree:
1.) That Ramis's accounts be handed over to the Father Luis de Quintanilla, collector of the parochial church of St. Louis and to the brother Vincent de Alcala so that they, under oath may examine and gloss them, and if there be any charge against the churchwarden, they must follow the process used in the accounts of his predecessor, D. Juan Durel.
2.) Moreover that there be delivered to the glossers a copy legalized by Quinones of the decree issued on Jan. 15, 1790 by Cirilo de Barcelona Bishop of Fricaly and an auxiliary of La Havana, in which he orders the collectors to give accounts of their administrations. The Vicar Forane and the Governor General specify that Father de Quintanilla and Brother Alcala be given also the accounts of Juan Durel.
3.) Finally, D. Antonio Ramis is to be notified of this. Signed by Carondelet and Henriquez.
--To this is added a note by Quinones certifying that the above decree by Carondelet and Henriquez was issued and signed on Feb. 29, 1792.
--To this is added a note by Quinones certifying that on the same day he notified Ramis of the above decree.
--To this is added a note by Quinones certifying that on the same day he notified Father de Quintanilla of the above appointment, and he accepted it and swore to carry out his charge faithfully. Signed by Luis de Quintanilla and witnessed by Estevan de Quinones.
--Another note is added by Quinones certifying that he notified Vincent de Alcala on the same day of the above appointment, and he accepted it and swore to proceed faithfully. Signed by Vincent de Alcala and witnessed by Estevan de Quinones.
--To this is enclosed by Quinones a copy of the decree issued, at New Orleans, on Jan. 15, 1790 by Cirilo de Barcelona, who ordered:
1) That the collector of sums belonging to the church treasury should charge them in the bulk, giving every three months an account to each person of what is due to him and especially to the church treasury, And the Bishop specifies that this has been observed during the time of his sojourn at New Orleans, when Father Francisco de Caldas was collector.
2) But as during his absence these methods have not been carried out by the later collectors--Fathers Antonio de Sedella, Simon de Fuentes and the present one Joseph Xeres)--he orders them to give an account to the churchwarden of what they have received within ten days after the notification of this decree.
3) Moreover, they must make the churchwarden give an account according to this order. Otherwise he will be held responsible for them.
4) Finally, the Bishop orders that all this be carried out with his authorization. Signed by Cirilo de Barcelona and witnessed by Estevan de Quinones.
--To this is added a note by Quinones certifying that the above copy was made from the original and as he has been ordered by the decree of Feb. 29, 1792.

L.S. 3pp. 4to. (Spanish)

--------
1792 May. 6

De Quintanilla, Father Luis
and
Brother Vincent de Alcala
(New Orleans)

Father Luis de Quintanilla, collector of the parish of St. Louis and Brother Vincent de Alcala of the same order as the former, according to the decree of Feb. 29, 1792, give their statements about the income and expenditure of the parish of S.t Louis from the year 1785 to Jan. 1792, according to the methods used in the accounts of D. Juan Durel, churchwarden in 1779, and the decree of Jan. 15, 1790. There follows the itemized account: Income----12.0131 pesos and 1 real, Expenditure----12.0394 pesos and 3 1/2 reales. From which results 263 pesos and 2 1/2 reales owed to the churchwarden. But in the above account are not included the following added incomes that amount to 1.0386 pesos and 7 1/2 reales. Finally, they added the following warnings:
1)That the added incomes amounting to 1.0386 pesos and 7 1/2 reales for the church treasury have not been charged by the churchwarden.
2) That the latter must account for the expenditure of 2.0400 pesos that he received in the treasury during the seven years of his charge. From which, according to a royal order, 100 must be given, yearly in pledge to the parish and 100 pesos to other parishes of this jurisdiction. 3) That the churchwarden has to account for having paid 3.0476 pesos and 6 reales for the service of the church in thirty three receipts without the permission of the R. Father Vicar according to the decree of Jan. 15, 1790. 4) Finally, they suggest that suitable instructions on these matters should be drawn up by a Notary in the Ledger so that it may always be possible to hold responsible both the present churchwarden or his successors. Signed by Luis de Quintanilla and Vincent de Alcala.

--------
1792 Jan. 4

Baron de Carondelet, Francisco
and
Henriquez, Theodoro Thirso Henrique
(New Orleans)

Having examined the above gloss, they order that it be passed over to D. Antonio Ramis so that he may follow out the instructions stated therein. Signed by Carondelet and Henriquez and witnessed by Quinones.
--To this is added a note by Quinones in which he certifies that on the same day he notified D. Antonio Ramis of the above decree.

D.S. 9pp. 4to.

--------
1792 Jan. 25

Ramis, Antonio

to Baron de Carondelet and Father Henriquez
(New Orleans)

Ramis certifies that the statements of Father Quintanilla and Brother Alcala have been sent to him and that he opposes the exactness of their accounts and warnings. Finally, he asks Carondelet and Henriquez that he be acquitted of his responsibility in these matters. Signed by Antonio Ramis.----Carondelet and Henriquez order these documents added to the process.----There follows a certification by Quinones that the above decree has been issued on July 2, 1792 and signed by Carondelet and Henriquez.---- To this is added a note by Quinones certifying that on the same day he notified Ramis of the above decree.

--------
1793 Mar. 14

Baron de Carondelet, Francisco
and
Henriquez, Theodoro Thirso Henrique
(New Orleans)

1.) They certify that the corrections made by Ramis in his communication of Jan. 25, 1792 to the statements of Father de Quintanilla and Brother Alcala lack order.
2.) They order that his communication be returned to him to be corrected and that must be done within two days. And if the accounts are not verified an expert on the subject will be appointed by them to assist Ramis and at the latter's expense. Signed by Carondelet and Henriquez and witnessed by Quinones.
--A note is added by Quinones certifying that on the same day he notified Ramis of the above decree.

--------
1793 Apr. (?)

Ramis, Antonio

to Baron de Carondelet and Father Henrequez
(New Orleans)

Ramis states that as ordered by the decree of March 14, 1793, he examined again carefully his accounts and since he finds them correct, he opposes the suggestion that he has to pay someone else to examine them. Finally, he asks Carondelet and Father Henriquez to release him from further responsibility for his accounts. Signed by Antonio Ramis.
--To this is added the order by Carondelet and Henriquez that this be added to the other documents, followed by a certification of Quinonez that it was issued and signed on April 4, 1793.
--A note is added by Quinones certifying that on the same day he notified Ramis of the above decree.

--------
1793 Apr. 11

Baron de Carondelet, Francisco
and
Henriquez, Father Theodoro
(New Orleans)

They decree that: As the accounts given by Ramis are still lacking order, they have to be passed on to D. Antonio Argote, captain of militia and expert on the matter to be checked upon. This is to be done at the cost of Ramis and in his presence, within five days. Signed by Carondelet and Henriquez.
--To this is added a note by Quinones certifying that the above decree was issued and signed on April 11, 1793 by Carondelet and Henriquez.
--Another note added by Quinones certifying that on the same day he notified Ramis of the Above decree.
--Another note is added by Quinones certifying that on April 12, 1793, at New Orleans, he notified Argote of the above decree, and that he accepted it willingly, but with the condition that, in virtue of his occupations, the term of five days should be extended. Signed by Argate and witnessed by Quinones.
--To this is added by Quinones on the same day a decree by Carondelet and Henriquez in which they order that the term granted be extended to fifteen days. Signed by Carondelet and Father Henriquez.
--A note is added by Quinones certifying that on the same day he notified Ramis of the above decree.
--A note is added by Quinones certifying that on the same day he notified Argote of the above decree, and that he accepted it and promised, under oath, to carry it out faithfully. Signed by Argote and witnessed by Quinones.
--To this is added a decree by Carondelet and the Bishop Penalver y Cardenas, dated Auf. 17, 1795 at New Orleans, in the order:
A.) That to this process added the report of the accounts made by D. Antonio Argote on May 4, 1793, with the document by Bartolome Bosque.
B.) That the churchwarden Ramis, be notified to appear for the final determination of his pending accounts. Singed by Carondelet and the Bishop.
--To this is added a note unsigned in which it is certified that on the same day the churchwarden D. Francisco Ramis was notified of the above decree.
--To this is added the document signed by"Berte Bosque" on April 29, 1793, at New Orleans. Bartolome "Bosch" neighbour and a merchant in this town, certifies and swears if necessary: That having called on Father Cirilo de Barcelona, Auxiliary Bishop of Havana, in August 1790, to charge an account of candles and incense sold by him to the parochial church, the Bishop sent him to the churchwarden who was in charge of this business, with only the formality of getting receipts.
--To this is added the document, dated May 4, 1793, containing the analysis by Argote of the accounts of Ramis from the beginning of 1785 to the end of 1791, the gloss of Father Quintanilla and Brother Alcala and the answer of Ramis to that gloss. Argote referred also to the ledgers of the earlier churchwarden. From his analysis it appears that: The church owes 42 pesos and 3 reales to Ramis. Furthermore there belongs to him the added incomes of 241 pesos and 2 reales from the time of D. Luis Ramson; 246 pesos and 4 reales from the time of D. Juan Durel; and finally, 284 pesos and 2 reales during his own administration. Signed by Argote.

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1795 Aug. 22

Baron de Carondelet, Francisco
and
Penalver y Cardenas, Bishop Luis
(New Orleans)

1.) They Certify:
a.) That they have examined the accounts of income and expenditure of the parochial church of St. Louis from Jan. 1, 1785 to Dec. 31, 1791 as given by Ramis on Feb. 28, 1792.
b.) That these accounts remained in suspense due to the absence of Father Henriquez who ordered this process by his decree of Feb. 7, 1792.
c.) That from the analysis of the accounts of Ramis as well as of the gloss of Father Quintanilla and Brother Alcala, the answer of Ramis to that gloss and finally the document of Argote, there results a credit for D. Antonio Ramis of 42 "pesos" and 3 "reales."
2.) Moreover they Order:
a.) That the churchwarden is to charge as his credit the amount of 241 pesos and 2 reales for the time of D. Luis Ramson, 246 Pesos and 4 reales for the time of D. Juan Durel, 284 pesos and 2 reales for his own administration..
b.) That the churchwarden is not to be bothered anymore, save in the cases prescribed by law.
c.) Finally, that these accounts and the present decree be witnessed in the ledger of the church and that the originals with proofs be kept in the Archives. And moreover that the receipts be handed over to D. Antonio Ramis for his security and that instructions be delivered to him about the subsequent accounts to Aug. 22, 1795 that he is supposed to give within eight days.
--Signed by Carondelet and the Bishop of Louisiana and witnessed by Dr. Joseph Maria de Rivas as secretary.
--To this is added by Rivas a note certifying that on Aug. 24, 1795, he notified Ramis of the above decree.
--To all these documents are added some accounts by D. Antonio Ramis as follows:
1.) The first one, dated Jan. 10, 1795, that D. Antonio received from Father Luis de Quintanilla (678 pesos 6 reales) and the troop (63 pesos). Total 641 pesos 1 real. Signed by Antonio Ramis.
2.) The second one, dated Dec. 31, 1792, received from Father Luis Quintanilla and that amounts to 584 pesos and 2 reales. Moreover, the amount of 30 pesos received from the regiment of the town. Signed by Antonio Ramis.
3.) Thirdly several accounts received between Dec. 31, 1794 and Aug. 3, 1795 that amount to 1.879 pesos and 1 real. (There are several reckonings at the back of this account). Another account undated and crossed out amounts to 2031 pesos 4 reales.
4.) Another account is added, dated Jan. 21, 1794 and received respectively from Father Luis de Quintanilla (563 pesos and 3 reales) and S.P. (?) (71 pesos and 2 1/2 reales). Total 634 pesos and 5 1/2 reales. Signed by Antonio Ramis.

IV-5-b D.S. 68 pp. 4to. 5pp. 12 mo. (Spanish)
12


1795 Aug. 26

Arch-Confraternity of the Blessed Sacrament, The Royal

Letters pertaining to the indulgences granted by bishops to those who practice good works for the Royal Arch-Confraternity of the Blessed Sacrament.

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1795 Apr. 10

Merlo, Jose
Madrid, (Spain)

to Bishop Luis Penalver y Cardenas
(New Orleans), Louisiana

The Royal Arch-Confraternity of the Blessed Sacrament decided at its meeting of March 31, that it should send the Bishop the enclosed copy of the sermon (copy not enclosed) composed by Father Manuel de Espinosa, one of the Ecclesiastical Councilors. Father Espinosa endeavors to explain the object and means made use of by this society that it may be better understood by present foundations as well as by those founded in the near future. This copy is sent the Bishop so that he may distribute it among the parishes of his diocese and in this manner contribute to the greater worship of the Blessed Sacrament. When the Congregation decided to print a summary of the indulgences granted by many Bishops to those who do good works for the Royal Congregation, it decided to inform the Bishop of this in order that whatever indulgences he may grant for similar good works may be included in the summary. When all the indulgences have been collected the summary will be presented to His Majesty--principal member of the society--because of the great satisfaction he derives from the knowledge of any aid given this institution.

L.S. 2 pp. 4to. (Spanish)

--------
1795 Aug. 26

(Penalver y Cardenas), Luis Bishop
(New Orleans), Louisiana

Jose Merlo
(Madrid, Spain)

The Bishop acknowledges receipt of the above letter of April 10 and also the speech composed by Father Manuel Espinosa explaining the methods and purpose of the Royal Arch-Confraternity, that it may stimulate the adoration of the Blessed Sacrament, and be(?)eseeching the Bishop to grant whatever graces he considers best for the expansion of this pious work. He thanks Father Espinosa for the zeal and fervor he has shown in the effort to establish branches of this society thus contributing to the increase of faith. In his diocese this is more necessary than in many others because of the number of Protestants who deny the presence of Our Lord in the Blessed Sacrament and he will attend to this matter as soon as he has attended to the many matters demanding his attention on his arrival in New Orleans, on the 17th of last month, and shall try to introduce the society into those parishes where the faithful may support it in reparation for the many offenses that Our Lord receives from bad Catholics and from heretics and from many who have no religion at all.

IV-5-b Copy of L. 1p. 4to. (Spanish)
2


1795 Sep. 7

Hassett, Father Thomas

Processes in the provision of one of the two canonries of the Cathedral Church of New Orleans in regard to Father Thomas Hassett.

--------
1795 ? ?

Hassett, Father Thomas

to Bishop Luis Penalver y Cardenas
(New Orleans)

1.) Father Thomas Hassett former Pastor Vicar of St. Augustine of Florida, encloses, with his petition to Bishop Penalver y Cardenas, two documents: a.) The Royal Mandate, dated Aug. 14, 1794, in virtue of which His Majesty presents Father Hassett for one of the two canonries of the Cathedral Church of New Orleans. b.) A pledge to pay the half of an annate. (The two documents are presented later on).
2.) Moreover Father Hassett states that he is to make application within the legal time and that he has only to prove:
a.) That he has not been expelled from any religious order, and for proof of this he offers the certification of two, three or more witnesses. b.) That he does not have any benefice incompatible with the one he seeks.
3.) Furthermore, he asks the Bishop: a) for the canonical collation. b) That, after he has made his profession of faith, the legal possession may be granted him. Signed by Thomas Hassett.
--To this is added a note signed by the Bishop certifying that the royal order and the pledge have been presented on Aug. 29, 1795 and that he orders the three witnesses to appear.
--To this is added a note by Joseph Maria de Rivas as secretary certifying that the above decree was issued and signed by the Bishop on Sept. 4, 1795.
--Another note is added by Rivas certifying that on the same day he notified Father Hassett of the above decree.

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1794 Aug. 14

Charles IV, King of Spain

to Bishop Luis Penalver y Cardenas
(New Orleans)

1) The King, reminds the Bishop that the right of patronage belongs legally to him and that his right has been recognized by apostolical bulls. In virtue of this privilege: a) He has the right to present the candidates for the dignities, the canonries and the ecclesiastical benefices both in the Peninsula and in the Indies. b) He has also the right to set up new dioceses and divide them, when he judges it convenient, with the proper dignities and prebends. c) That in the particular case of Louisiana he has decided after consulting the Council of Chamber of Indies on Oct. 22, 1792 to found the Bishopric of Louisiana with only two canonries, each one of them having the annual rent of 600 pesos. d) These amounts will be paid by the bishoprics of Mexico, Puebla de Los Angeles, Valladolid de Mechoacan, Caracas and Havana. For that purpose schedules have been sent to their Prelates, dated Nov. 23, 1793, in order that they may understand their obligation. 3.)(?) That after having consented on Dec. 18, 1793, the Council of the Indies, the King presents Father Thomas Hassett for the above mentioned canonry. Moreover, the King asks the Bishop to examine in conscience the merits of Father Hassett.
2) Moreover the King orders that: a) Father Hassett must come in person before the Bishop of Louisiana within two months from the date on which he is notified of the present decree by the Bishop. b) Hassett must give guarantee of the payment of the half an annat within the time allowed. c) Finally he has to prove that he was not expelled from any religious institution and does not have any dignity, Canonry of Benefice in the Indies, or that, if he has had, he has already resigned them.
3) Moreover if the Bishop does not act according to the King's will, the appointment will be considered as null.
4) Finally, His Majesty commands this order to be written down in the general auditorship of the Distribution of the Exchequer and in those of the Council of Indies, both in the Peninsula and in New Orleans, with the guarantee of the payment of the half an annat, otherwise this grant to Father Thomas Hassett will be considered as null. Signed by the King.
--To this is added a certification by the Secretary of the King, D. Antonio de Viutura Taranco, that by royal order he caused the above decree to be drawn up.
--Another note certifies the receipt of 180 reales de peseta.
--Another note is added certifying the presentation of Father Hassett for the second of the two canonries of the Bishopric of Louisiana and Florida, and that the (Marquis of Bajamar, Bernardo Triarte and Josef de Cistud have been consulted.
--Other certifications of the course of the royal process follow. A copy of the royal order has been made in the general auditorship of the distribution of the Exchequer. Dated Sept. 10, 1794, Madrid. This is certified by Lorenzo de Vioz because of occupation of the general Auditor.
--It is countersigned by Juan August de Cerain, lieutenant of the high Chancellor. Twelve "reales de Peseta" were charged as rights. this document is sealed.
--To this document is added a certification, dated Aug. 29, 1795, New Orleans, that the Bishop Penalver y Cardenas received the royal order about Father Thomas Hassett and ordered it to be delivered to father Hassett who arrived today at New Orleans in order to expedite the process. This is signed by the Bishop and witnessed by Rivas as Secretary.
--another note is added by Francisco Rendon, Sept. 1, 1795, New Orleans, certifying that a copy of the royal order will be placed in both the general auditorship of the Army and the Exchequer of this Province.
--Finally another note is added by Joseph de Orue, dated as above, certifying that a copy of the royal order was placed in both the general auditorship of the Army and the royal Exchequer under his charge.

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1795 Sep. 1

Karric, Santiago

to Jose De Orue in behalf of Father Thomas Hassett
(New Orleans)

1) D. Santiago Karric, neighbour and a merchant at New Orleans, obliges himself to answer to the Exchequer for the payment of the half an annat or three hundred "pesos" which must be paid by Father Hassett.
2) The time to pay is two years after Father Hassett enters into possession of the canonry. Signed by Thomas Hassett and Santiago Karric.
--To this is added a decree, dated as above, by Francisco Rendon in which he approves the above obligation and pledge in behalf of the Exchequer. It is signed by Rendon and Orue certifying his intervention.
--Another note, dated as above, is added in which Jose Orue certifies that the above document is a copy of the original and that it has been made to be delivered to father Hassett for his ends.

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1795 Sep. 4

Father Thomas Hassett
presents the following witnesses:

1) Patrick Walsh appears before Bishop Penalver and testifies that: a) Father Hassett studied in the Royal Irish college of Salamanca in whose Dioceses, that of Valladolid and Sejovia, he was ordained. b) Father Hassett was never a religious nor has been expelled from any community. c) Father Hassett has not (?) other office in the church but that of Pastor of St. Augustine of Florida.
--The document is signed by the Bishop and Patrick Walsh and notorized by Joseph Maria de Rivas as secretary.
Immediately, Father Hassett presented as witnesses the captain Antonio argote who, besides certifying to some facts as above, testified that: a) he had known Father Hassett since 1783 when the latter was sent, with the approval of His Majesty, to Philadelphia, the capital of Pennsylvania, to set up a primary school. b) Hassett does not have any dignity, canonry or benefice in the Indies.
--This is signed by the Bishop, Antonio Argote and notorized by Rivas.
Immediately Father Hassett presented as witnesses D. Carlos Ximines, native of St. Augustine, a notary public and neighbour of this town, who besides certifying to same facts as above, declared that he had known Father Hassett since 1791 or 1792 in the Island of Cuba. This is signed by the Bishop, Carlos Ximenes and notorized by Rivas.

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1795 Sep. 5

Penalver y Cardenas, Luis
(New Orleans)
The Bishop announces:

1.) That Father Thomas Hassett was proposed by the King of Spain in his royal order of Aug. 14, 1794 San Ildefonso, to occupy one of the two canonries of the Cathedral Church of Louisiana with the annual rent of 600 "pesos."
2.) That Father Hassett, whom the Bishop has known since 1770, fulfilled all the requisites for occupying the above mentioned prebend by: a) The testimonial proof and notoriety: b) by arrangement for the payment of the half an annat.
3.) That in view of these facts, the Bishop decrees that in obedience to the royal order, he granted Father Hassett the canonry.
4.) Furthermore, the Bishop ordains that Father Hassett appear before him: a)to make the declaration of faith and the oath of fidelity; b) to receive afterwards the canonical collation and get possession of the Benefice; c) so that he will have the right to the annual rent with all the emoluments.
--Signed by the Bishop and witnessed by Rivas.

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1795 Sep. 7

Certification that Father Thomas Hassett has received the collation of his office from Bishop Penalver y Cardenas.
The ceremony took place in the Cathedral church of New Orleans before the following witnesses: Fathers Patrick Walsh, Ramon Palao and Isidro Quintero and many other persons.
The canonical collation comprehends the following parts: a) The protestation of faith and the oath of fidelity. b) The Symbolical collation. c) The real possession of the chair Father Hassett will occupy in the choir of the cathedral.
The Protestation of Faith:
Before the Bishop Penalver sitting in his episcopal chair of the Cathedral Church, canon Hassett, on his knees, made his declaration of faith. This declaration contains the whole Nicene Creed; the doctrine of the Church about the Sacraments, the apostolical traditions, the Holy Scriptures; about the declarations of the Tridentine council, the sacrifice of the Mass and the transubstantation; about the Purgatory, etc. In fine, Father Hassett pledges to believe and teach all the Church believes and teaches.
The Oath of Fidelity:
Father Hassett swears: a) to obey the mandates of the Church. b) Not to oppose directly or indirectly the rights of the Church. c) Obedience to the occupant of the Holy Church of Louisiana and to all his legitimate successors. d) That he will not act against the capitulars or enter into any conspiracy. e) That to obtain this prebend he will defend the mystery of the Immaculate Conception. g) That he will not teach even under the title of probability the bloody doctrine of regicide and tryannicide.
The Symbolical Collation:
Afterwards the Bishop made the Symbolical Collation by putting a biretta on the head of Father Hassett who kissed the episcopal ring in signal of gratitude. Signed by the Bishop.
--To this is added a note by Rivas certifying the he was present to all that took place and caused a copy to be made by the Bishop's order.
The real possession:
1) Immediately after and in the same cathedral church, Bishop Penalver gave Father Hassett the real possession of the prebend.
2) Ceremony. The Bishop took Father Hassett by the hand and gave him possession of the chair of the choir of the Cathedral, sitting him down and standing him up as a sign of the possession without encroachment on the rights of Father Francisco Peres Guerrero, the other canon of the Cathedral.
Signed by the Bishop, Father Hassett and witnessed by Rivas.

IV-5-b D.S. 20pp. 4to. (Spanish)
9


1795 Sep. 11

Penalver y Cardenas, Luis, Bishop of
New Orleans, Louisiana

The distance from New Orleans of the parishes of St. Louis of the Illinois, St. Genevieve and New Madrid, (Missouri), belonging to this diocese, makes it necessary to establish in them an ecclesiastical vicar who can act promptly in urgent cases. Knowing that Father (James Maxwell) Diego Maxivell, who has been appointed pastor of St. Genevieve, will discharge this duty, Penalver hereby appoints him Vicar Forane of the three parishes cited, giving him faculties to handle criminal, civil, matrimonial cases and others and to handle the fees. He also gives him the faculties for cases under the jurisdiction of Vicars General but only in case of necessity in order to collect particulars. (Maxwell) will try, either by himself or with the other two pastors, to assist and help all Catholics in the towns of St. Charles and St. Ferdinand. Jose M(aria de Rivas signs as secretary.

D.S. Copy (Spanish)

IV-5-b


1795 Sep. 11

Penalver y Cardenas, Luis
(New Orleans)

to Father James Maxwell

The Bishop tells Maxwell that he himself has been notified by Father Patrick Walsh that Father (Jean Antoine) Le Dru, former pastor of Illinois, has arbitrarily dispensed impediments of consanguinity even in the second degree. Moreover, as Father Maxwell is going to the parish of Sainte Genevieve through that of Illinois, Bishop Penalver appoints him to receive in the presence of two witnesses, who sign the processes with him, a complete and very secret account from witnesses who swear the truth of what has been disclosed, and to check up the parochial ledgers in so far as it may be necessary, giving the Bishop an account of all the procedures. Furthermore, the Bishop orders him not to take any action until, the Bishop has been informed of the state of affairs. Finally, the Bishop orders Maxwell to be notified of the above decree.
--Signed by the Bishop of Louisiana.
--To this is added a note by Rivas certifying that the party has been notified of the above decree. Signed by Maxwell and witnessed by Rivas.

IV-5-b D.S. 1p. 4to. (Spanish)
4


1795 Sep. 12

Maxwell, Father James and Father John Brady

Procedures for the provision of the parish of Sainte Genevieve in Illinois in the person of James Maxwell and for the curacy of Natchez in the person of John Brady, Religious Carmelite.

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1795 Sep. 7

Penalver y Cardenas, Luis
Bishop of Louisiana
through Jose Maria de Rivas
(New Orleans)

1) The Bishop has been notified by the Quartermaster general of these Provinces in his official letter of August 12th of the Royal Order of April 12, 1795, in which His Mag(?)esty appointed Father James Maxwell and the Carmelite John Brady to the spiritual administration of these Provinces.

2) The Bishop decrees: a) That since they have arrived, they must be sent where it is most urgent, in this case, the parish of Sainte Genevieve whose Pastor Father (Paul de Saint Pierre) has been sent to New Orleans, and that of Natchez whose Pastor, Francisco Lennan cannot take care of all matters because of the great number of parishioners, according to Baron de Carondelet's information. b) That, therefore, he destines Maxwell to the parish of Sainte Genevieve with other commissions too, and Brady as an assistant of the pastor of Natchez. c) Finally, that an official letter is to be sent to the Baron de Carondelet whose answer will be awaited before giving Maxwell and Brady their respective titles. Signed by the Bishop and witnessed by Rivas.

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1795 Sep. 7

Penalver y Cardenas, Luis Bishop

to Baron de Carondelet
(New Orleans)

1) The Bishop notifies the Baron that after having examined the qualifications of Maxwell and Brady, he destines the former who knows French quite well to the parish of Sainte Genevieve in Illinois whose pastor Fr. (Paul de St. Pierre) has been called back for reasons known to the Baron and the latter to Natchez where the only Pastor Francis Lennan cannot take care of all matters.

2) Moreover, the Bishop asks the Baron if he agrees to answer him in order he may appoint the priest and if the Baron objects to notify him in order he may come to an understanding with the Baron. Signed by the Bishop of Louisiana.

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1795 Sep. 7

Carondelet, Baron de

to Bishop Penalver y Cardenas
(New Orleans)

The Baron authorizes the Bishop to appoint Maxwell to the parish of Sainte Genevieve, and Brady to that of Natchez. Signed by the Baron de Carondelet.
--There is a note, dated Sep. 9, 1795, on the top of the first page of Carondelet's letter by the Bishop ordering it to be added to the procedures.

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1795 Sep. 9

Penalver y Cardenas, Bishop Luis
New Orleans

The Bishop decrees:

1) That since Paul de St. Pierre, pastor of Sainte Genevieve in Illinois, has been sent for to N. Orleans, he in agreement with the Vice Royal Patron appoints Father James Maxwell to that parish to administer the Holy Sacraments of Baptism, Penance, Eucharist, Extreme Unction, and Matrimony, with all the obligations of his ministry.
2) That Maxwell is to be considered as a provisional pastor and that besides the monthly forty "pesos" granted by the King, he is to enjoy all the other privileges attached to his position. Signed by the Bishop of Louisiana and witnessed by Rivas.

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1795 Sep. 9

Penalver y Cardenas, Bishop Luis
(New Orleans)

The Bishop decrees:
1) That, since Father Francisco Lennan, pastor of Natchez, needs an assistant, the Bishop in agreement with the Vice Royal Patron appoints the Carmelite John Brady as lieutenant of the pastor and subject to him, to administer the Holy Sacraments, dividing up with the pastor the work and also the income and emoluments.
2) That as a curate of the pastor he is to receive, besides the monthly forty "pesos" granted by the King, the half of the privileges proper to his charge. Signed by the Bishop of Louisiana and witnessed by Rivas.

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1795 Sep. 11

Penalver y Cardenas, Bishop Luis

to Francisco Rendon, Quartermaster general and of the royal Exchequer of these Provinces.

1) The Bishop notifies Rendon of the appointments with the permission of Vice Royal Patron of Maxwell and Brady to Sainte Genevieve and Natchez respectively.
2) Moreover, the Bishop asks Rendon to make a record of it in the Auditorship, that this having done, the parties may be notified of it and leave for their destination. Signed by the Bishop of Louisiana and witnessed by Rivas.

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1795 Sep. 11

Rendon, Francisco

to Bishop Penalver y Cardenas

Rendon notifies the Bishop that a record has been made in the main Auditorship of the Army of the appointments of Maxwell and Brady, the documents concerning which Rendon sends back to the Bishop with this requirement. Signed by Francisco Rendon.
--To this is added a note by the Bishop ordering the above letter to be added to the procedures.
--Witnessed by Rivas.

IV-5-b D.S. 7pp. & 8vo. folio (Spanish)
9


1795 Sep. 18

Rosier, Estevan Maria, and Christine Andora

Information of the celibacy of Estevan Maria Rosier and the widowhood of Christina Andora in order that they may get married. (The case has not bee concluded).

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1795 Sep. 10

Rosier, Estevan Maria and Christina Andora

to Bishop Penalver y Cardenas
(New Orleans)

1). The parties; a) Estevan Maria Rosier, native of Narbonne in France, legitimate son of Pedro Antonio, a merchant in the same town and Isabel Fraisse as it appears from his baptismal certificate. b) Christina Andora, native of Pertuis in the same kingdom, legitimate daughter of Francisco Andora and Catarina Viacavin, as it appears from the testimony she presents of her marriage with the late Antonio Bertrand, who was a merchant in the French Cape.
2). The parties, now neighbors of New Orleans, notify the Bishop that they are engaged according to the rites of the Church. So, after the previous formalities, they ask the publication of the banns in order they may get married.
3). Since the only documents they could save in the French Cape have been handed in, they ask that justice may be done. Signed by Christina Bertrand and Estevan Rosier.
--To this is added on the top of the first page a note by Rivas, dated Sep. 10, 1795, certifying that the above petition was handed in before him.
--To this is added a decree by Bishop Penalver in which he notifies that the documents have been handed in and orders that the witness may appear who must witness the widowhood of the bride, since the document presented is only one and very simple. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued by Bishop Penalver at New Orleans on Sept. 11, 1795.
--Another note added by rivas certifying that on the same day he notified Estevan Rosier of the above decree.

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1795 Sep. 10

Lovio, Ignacio Joseph de
Minister of the Navy and Senior Judge of
New Orleans
Lovio certifies:
1) That according to creditable witnesses, Estevan Maria Rosier, native of Narbonne in France, legitimate son of Pedro Antonio and Isabel Fraisse, is of the same nationality as Christina Andora, native of Pertuis in the same kingdom, legitimate daughter of Francisco Andora and Catarina Viacavin.
2) That there is not any impediment between them to get married as they petition.
3) That since they do not have parents or relatives in this town and Province, Lovio, using the powers granted him by the Royal Ordinary of marriage, gives them the necessary permission to that. Signed by Ignacio Joseph de Lovio.
--To this is added a note by Rivas certifying that the page corresponding here #4 is the original presented by Christina Andora to prove her widowhood, in the English language, requested by the decree of Sep. 18, to which corresponds the literal translation made by Father Patricio Walsh in fulfillment of the same decree, and placed as page #11.
--To this is added (in French):

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1791 Sep. (?) 15

Bonnel. first Vicar of the parish of St. Paul at
Narbonne, France
Bonnel certifies:
1) That on March 30, 1769, he baptized Etienne Marie, born on the 28th of the same month, son of Pierre Antoine Rosier, a merchant and Elisabeth Fraisse, married.
2) That his godfather was Jacques Etienne Fraisse, maternal uncle and godmother Marie Therese Passenaud(?).
3) That relatives and witnesses present were Mr. Etienne, Possenaud(?), leader of this church, Francois Sloier, Doctor in Medicene of the Faculty of Mountpel(l)ier.
4) That there signed with Bonnel and the child's father, Rosier, Solier, Passenaud, Fraisse, possenaud, Rolland priest (in the original).
5) That the present is an excerpt of the registers of the parish of St. Paul, at Narbonne in the department of l'Ande. Signed by Bonnel, first vicar of St. Paul.

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1795 Sep. 14

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees:
That, as the witnesses presented by Christina Andora are English and the French, he appoints Father Thomas Hassett as interpreter for the former and Father Patricio Walsh as an interpreter for the latter. Signed by the Bishop.
--To this is added a note by Rivas, dated as above, certifying that he notified Father Hassett of the above decree. Hassett accepted the Bishop's appointment and swore to proceed faithfully. Signed by Thomas Hassett and Rivas.
--Another note is added by Rivas certifying that he notified immediately Father Walsh of the above decree and he accepted and swore to proceed faithfully. Signed by Patricio Walsh and witnessed by Rivas.

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1795 Sep. 14

Rivas, Joseph Maria de
(New Orleans)
Rivas certifies:
1) That Juan Q(?)uieco, native of Ireland, unmarried, appeared before Bishop Penalver as a witness presented by Christina Andora.
2) That according to the interpretation of Father Thomas Hassett, canon of this holy church, he said: a) That two years ago he travelled in the American Brigantine "La Isabella," from the French Cape to Philadelphia. b) That six days before getting into Bermuda a French man named Beltran, died after 3 days of illness, not on board of "La Isabella" but of a private English ship "El Saladre" that had taken them prisoners. c) Finally that the said Christina was on board with Beltran living as husband and wife. So he considers her as his widow. d) Finally, that he is 23 years old and he did not swear to the truth of his statements although he was a Roman Catholic. He could not sign. The document is signed by Bishop, Thomas Hassett and witnessed by Rivas.
--Immediately there appeared Marcos MacDonald, native of Scotland a witness presented by Christina, who, being a Presbyterian, swore by the Holy Bible according to the interpretation of Father Hassett, a) That two years ago he travelled on board of an American ship "La Isabella" from the French Cape to Philadelphia, and that they were captured by a pirate ship of the Royal Navy of England, "El Saladre" with a crew of 150 men. b) That on board of the same American ship were MacDonald was a cook, there died a Frenchman named Bertran six days before arriving at the Bermudas. c) That he does not know if he was married with Christina or not because there was no such woman on board. d) That he does not know anything more; he is 32 years old and he could not sign. The document is signed by Thomas Hassett the Bishop and witnessed by Rivas.
--Immediately appeared Christina Andora. According to the interpretation of Father Patricio Walsh, she said: 1) That she is native of Pertuis in Provence, legitimate daughter of Jose (?) and Catalina Biacaba, widow first of Mr. Lefebre and after of Antonio Bertrand. And that she is not engaged to anyone but Mr. Rosier, which she does willingly since there is not any impediment between them. 2) That to prove the widowhood of her second marriage, the only document she has is the presented abriedy. 3) That Mr. Bertran died on board of the "Isabela," sailing from the French Cape to Philadelphia 10 days after she left; that Christina was with him and that he died in her company. They were not removed to the pirate English ship and Christina remained in Tortola. 4) Finally, that she went from Tortola to Puerto Delpin and from there to Havana, where she remained till she came to Louisiana. That she is 25 years old. Signed by the Bishop, Patricio Walsh, Christina Bertrand and witnessed by Rivas.
--To this is added a decree by Bishop Penalver in which he says that Christina Andora could not prove her widowhood because the witnesses contradict each other. Moreover, the Bishop order that she is to be notified of the present decree and act as she considers best. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued by Bishop Penalver at New Orleans on Sept. 15, 1795.
--To this is added a note by Rivas certifying that on the same day he notified C(?)ristina Andora of the above decree.

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1795 Sep. 15

Andora, C(?)ristina

to Bishop Penalver y Cardenas
(New Orleans)

1) Christina Andora notifies the Bishop that herself has been notified of the latter;s decree, as a result of the information of the witnesses presented by her, which she quotes freely.
2) So in order to proceed legally, she asks the Bishop to order the procedures handed to her.
3) Finally she asks justice may be done; she swears what is necessary and agrees to pay the costs.
--To this is added a note by Rivas on the top of the first page certifying that the present document was handed in by Christina Andora on Sept. 15, 1795.
--To this is added the following decree of Bishop Penalver: Be the procedures handed over as requested. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued by Bishop Penalver at New Orleans on Sept. 16, 1795.
--To this is added a note by Rivas certifying that, on the same day, he notified Christina Andora of the above decree and delivered to her the procedures.

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1795 Sep. 17

Andora, C(?)ristina

to Bishop Penalver y Cardenas
(New Orleans)
Christina Andora asks the Bishop:
1) That in order not to return to the residence of the Captain of the ship on which her late husband died to get his solemn witness, the Captain's certification be taken from the file where are kept all the documents concerning the present process, and be given her. In its place (page four) will be inserted a translated copy. So if she gets, in the meantime, any definite proof of her husbands death or if any of the persons who were present at his death arrive here, they may declare him dead.
2) That justice may be done and that she is willing to pay the costs she swears whatever may be necessary. Signed by Christina Bertrand.
--To this is added a note by rivas, on the top of the first page, certifying that the present document was handed in by Estevan Rosier in the name of Christina Andora, on Sept. 17, 1795.
--To this is added a decree by Bishop Penalver ordering that the above mentioned certification be taken and a copy, translated by Father Patricio Walsh, be placed in its stead. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued by Bishop Penalver on Sept. 18, 1795.
--To this is added a note by Rivas certifying that on the same day, he notified Father Walsh of the above decree, who agreed to make the translation and swore to proceed legally.
--To this is added another note by Rivas certifying that, on the same day, he notified C(?)ristina Andora of the above decree and gave her the document requested, placing in its stead the legal translation of the same.
--To this is added the translation, dated Sept. 1(?), 1793, certifying that Mr. Bartrange, husband of Madame Bartrange died on board the "Isabella" on Oct. 11, 1793, and was buried in the sea. Signed by Valentin Pase, (?) Feurne Artau (?), Guilleruro B. Potts, R. Derset (?).
--To this is added a note by Father Patricio Walsh, date Apr. 18, 1795, certifying that the above is the translation of a document written in English which he was ordered to make by the Bishop's decree. Finally, that he proceeded faithfully and legally. Signed by Patricio Walsh.

IV-5-b D.S.L. 15pp. 4to. 1p. 16to. (Spanish)
5


1795 Sep. 19

Hospital of Charity of San Carlos Procedures to examine the condition of the Royal Hospital of Charity of San Carlos of New Orleans.

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1795 Sep. 10

Penalver y Cardenas, Luis Bishop

to D. Andres Almonaster y Roxas
(New Orleans)

1.) The Bishop states that there is at New Orleans a hospital of charity founded by Don Andres de Almonaster y Roxas, colonel of Militia of which he is patron. Moreover, the King, in his Royal letters patent of Aug. 14, 1794, asked that he aid and take care of this institution, which work andres Almonaster has done.
2.) The Bishop orders that the present decree be made known a) to D. Andres Almonaster, because the Bishop, in his pastoral visit to the dioceses, will inspect the Hospital: its chapel, altar, tabernacle, its rooms, lodgings and other services for the poor. b) To the Governor of Louisiana and Florida, Baron de Carondelet, Royal Vice-Patron, in order that he, using the rights of the Royal Patronship, may contribute to the gloss of the accounts that D. Andres Almonaster will present. Signed by the Bishop of Louisiana and witnessed by Rivas as Secretary.

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1795 Sep. 11

Rivas, Joseph Maria de
(New Orleans)

Rivas certifies that he notified D. Andres Almonaster y Roxas of the above decree who assured: a) That the King dispenses him from giving accounts of his administration for motives that appear in the Royal letters patent of Aug. 14, 1794, which delivers in order that a copy of it may be taken; the original, then, must be returned. b) That these privileges granted by the King to his Vassals aim at an encouragement in order that others may imitate or exceed those who in works like this (the construction and maintenance of a hospital) strive to praise the Divine Majesty) and contribute that the King be respected and the fellow-creature succored. c)That, notwithstanding this, there is no objection that the Bishop pay a visit personally to the Hospital. D. Andres will be pleased that he may inspect its church, altar and tabernacle, infirmaries. He will appreciate the suggestions the Bishop may present on the basis of what he saw in other hospitals of Havana, which will aid D. Andres to better the hospital of "San Carlos" in behalf of the poor diseased, the aim of all his efforts. Signed by Andres Almonaster y Roxas.

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1795 Sep. 11

Penalver y Cardenas, Bishop Luis
(New Orleans)
The bishop decrees:
1) That the Royal letters patent, dated San Ildefonso, Aug. 14, 1794, have been handed in and recognized, whose orders the Bishop obeys.
2) That a copy of it is to be left in the judicial proceedings.
3) That after that has been done, the original is to be handed back.
4) That the results be brought in, in order to dictate what is suitable. Signed by the Bishop and witnessed by Rivas.
--To this is added a copy of the Royal letters patent.

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1794 Aug. 14

Charles IV, King of Spain
(San Ildefonso)

1.) His Majesty declares: a) That D. Andres Almonaster y Roxas, colonel of militia and Alderman Royal Ensign of New Orleans planned that the governor of the Province, presenting the Royal Letters patent of 1793 that approves the ordinances for the Hospital of charity, deprived him unjustly of the administration of the said hospital. Moreover, the governor did not accept the appointment of the physician Dr. Luis Giobellina to sustain in the post Dr. Santiago Leduc. Moreover, several arguments were brought up against Dr. Andres Almonaster. Moreover, in a portion of his property and near several of his houses a warehouse for powder was built without any judicial notice. b) That D. Andres makes to the King the following petitions: that His Majesty may confirm the appointment of physician-surgeon of the hospital in the person of Dr. Luis Giobellina, ordering at the same time that Dr. Santiago Leduc, appointed by the governor, cease in his functions; that hereafter the suitable person whom he may present be confirmed in his position, according to the article 40 of the Ordinances, that his Majesty may favor his petitions completing the information asked about article 45; that the privileges that belong to him as Patron, Founder and Donor of the hospital may clearly be specified and that, as long as he lives, accounts be not asked from him, or the confirmation of persons appointed by him for different offices in the hospital be required from the governor, a notice of this being given to the latter.
2.) His Majesty, after having asked for information from the Council of Indies and in view of the antecedents of the matter and what was explained by the Attorney General, decrees: a.) That Dr. Luis Giobellina, appointed by Dr. Andres Almonaster, be made physician supreme of the hospital with the monthly rent of 30 pesos. b.) That the ordinance number 40 commissions D. Andres Almonaster to appoint all the employees and servants of the church and the hospital. c.) That while D. Almonaster lives it is not necessary that the confirmation of the appointments be given by the Governor, who however, is to be notified. d.) That while he lives he is not to be bothered to give accounts of the administration of the hospital, because no misuse of funds is possible, since he endowed the hospital and is interested in its proper administration and the perpetuation of his memory. e.) That all this is not against what was determined in Royal letters patent about the accounts of the administration and intervention of the Royal Patronship and of the Bishop concerning the other successors of D. Andres in the patronship of the hospital. These appointments have to be confirmed by the Royal Vice-Patron. If he does not agree to give the confirmation, he may return the appointments to the patron of the hospital.
3.) That concerning the privileges that D. Almonaster will have as Patron-founder and Donor of the hospital, the King decrees: a) That the Royal letters patent that approved the foundation of the hospital are to be followed. Such privileges and charges are those granted by law that do not oppose the municipal laws. b) That the governor complete the information asked by a separate Royal letter patent about the article 45 of the said ordinances and that this information is to be given by the Governor with the intervention of the ecclesiastical judge, the Monastery of the Ursulines and the Patron. The information concerns the admission and preference in the monastery of the Ursulines of the foundlings that are now in the hospital. c) That the governor is supposed to help and attend in a special way D. Almonaster since he is a "persona grata" to His Majesty and his Council having spent large amounts of his money in the treasury of the parochial church, the Convent of the Ursulines, and the hospital of charity, and capitular house, destroyed by the hurricane and the fire. All this in behalf of the church and the State serves as an example for others. d) Finally, that the Governor of Louisiana, the Intendant of the Royal Exchequer and other judges of the Province have to carry out the Kings will.
--To this is added a note by Antonio Ventur de Taranco certifying that the present was drawn up by King's orders. There are three signatures. Dated Sept. 11, 1785.
--To this is added a note by Rivas certifying that the above is a faithful copy of the original handed back to D. Andres Almonaster, and that according to the above decree he ordered the present copy. Signed by Rivas.

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1795 Sep. 12

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop Decrees:

That the state of the Chapel of the Royal hospital of San Carlos be examined and that there be carried out as much as it is suitable according to that which was decreed by the Royal letters patent of 1794 which the Bishop obeys integrally. Signed by the Bishop.
--To this is added a note certifying that the above decree was issued and signed by the Bishop on Sept. 12, 1795 at New Orleans.

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1795 Sep. 14

Rivas, Joseph Marie de, Secretary
(New Orleans)
Rivas certifies the records of the visit:
1.) The Bishop Penalver with Father Antonio de Sedella, Capuchin, pastor of the Holy Cathedral Church, D. Juan de Dis Valdes, a clergyman, and Doc Rivas went to the hospital of San Carlos whose patron is D. Andres Almonaster y Roxas and visited the Chapel, the altar, the tabernacle, the consecrated stone, the sacristy and the rooms of the hospital.
2.) Then Dr. Francisco of the administration of the hospital, presented himself to the Bishop Penalver, and invited the visitors to see the other offices and compartments. Since they had already seen the apothecary's shop, they passed to the room for cure of women and another for negroes.
3.) The Bishop visited also the diseased of the Regiment of Infantry of Mexico. In a room on the second floor he saw two diseased that belonged to the said regiment. In this room there was space for twice as many occupants and, effectively it was said, that once 178 soldiers stayed there.
4.) Concerning the foods, their quantities and methods of distribution accord with the practice observed in the Royal Hospital.
5.) Concerning the rents. The rents received by the hospital are the following: a.) 115 monthly of the house-rents produced by the accessory buildings, that is the dower destined to the hospital by its Patron. Besides it was at the expense of the Patron the construction, the material of the buildings and their conservation. b.) The sums produced by the sale of coffins and biers of the parish. This sale is an eventual branch and is applied to the maintaining of the hospital.
6.) Concerning the personnel of the hospital. It was the following: Dr. Francisco Leyba, an employee of the administration; Dr. Luis Gobellina, physician and surgeon with 30 monthly pesos; Dr. Jose Bengochea, majordomo and at the same time room-master with 12 monthly pesos; a cook with 20 monthly pesos; one or more laundresses with 5 daily reales; six slave servants for diverse services; a chaplain with 30 monthly pesos. The last chaplain was Father Ramon Ignacio Palao who resigned his charge. So that nowadays there is no chaplain and the chaplaincy is taken care of by the personnel of the parish of New Orleans.
7.) Concerning the job of the administrator. Dr. Francisco Leyba assured that all the charges of the hospital were received by him and that at the end of each month he cleared accounts with the Patron, specifying all the ordinary or extraordinary expenditures.
8.) The Ledgers. The Bishop manifested the wish of seeing the Ledgers and Dr. Francisco Leyba assured him that he had been ordered by the Patron to show all the documents to the Bishop in order that the latter could see the order and sincerity of the administration of the hospital. However, as the examination of the ledgers would take long, the Bishop asked Dr. Leyba to send them, next day, to his home. This is signed by the Bishop and witnessed by Rivas.

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1795 Sep. 18

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1.) That despite the offering of Dr. Francisco Leyba on Sept. 14, the ordinance 44 forbids the ledgers to be taken out. So the Bishop went personally to the hospital in company of his secretary, Rivas.
2.) That Leyba presented the following books: a.) The ledger in which are put down each month and in chronological order the ordinary and eventual charges. b.) The book of expenditures in which are put down all the ordinary and extraordinary investments. c.) The apothecary's file that prescribes the medicine, the quality of the foods for the diseased and which guarantees the legitimacy of the records found in the two preceding books. d.) The day book. This is connected with the apothecary's file and it contains all the necessary details. This is signed by the Majordomo and checked up by the administrator. e.) The daily State. This is checked up everyday by the Patron; it contains the charges, the expenditures, convalescences, deaths and other daily reports. At the end of each month, Dr. Almonaster makes the gloss, liquidating the balance with his own money.
3.) That the Bishop found all the accounts right and that the order and method used in the countability is the same as those of similar institutions.
4.) That, finally, Dr. Francisco Leyba said that sometimes the number of diseased exceeded that of 24 pointed out in its foundation, and that he was ordered by Dr. Almonaster to receive as many diseased as there were places in the hospital. Signed by the Bishop and witnessed by Rivas.

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1795 Sep. 19

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop Declares:
a.) That he visited the hospital of charity of San Carlos at New Orleans and that Dr. Andres Almonaster is dispensed by the Royal letters patent of Aug. 14, 1794 to give accounts, during all his life.
b.) That he inspected the chapel, sacristy, rooms for the diseased, etc. and that the Christian Charity is practiced with a great perfection. So that the Bishop thanks Dr. Andres Almonaster for all the good work he has done. Moreover, the Bishop Decrees:
A.) That copies be drawn up of all the documents of the process in order that, when necessary, he may inform the King of all the procedures of his Pastoral visit.
B.) That all is to be notified in the usual form, to the Governor of the Province. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was signed by the Bishop on Sept. 19, 1795.
--To this is added another note by Saldivar certifying that on the same day he notified Dr. Almonaster of the above decree. Signed by Saldivar, Notary Public.

IV-5-b D.S. 13pp. 4to.
9


1795 Sep. 24

Saint Pierre, Father Paul de
St. Genevieve

to (______)
(St. Louis)
De Saint Pierre notifies the addressee of:
1.) The reception of his letter if he knew of the addressee's sudden change, he would have taken the trip to Prairie de Rocher with Mr. Bap Janin (?) in order to see the addressee and Father (Michael) Levadoux.
2.) He cannot go with Mr. Collell to St. Louis and see the addressee and that Mr. Jean Bte. Valle who arrived last night at town, left all the letters by mistake in the "Berge." This necessary that De St. Pierre wait for them before his trip to St. Louis.
3.) Father (Pierre) Gibault received the "bull" in question, as the addressee will too in a short time. They forgot to put it in De St. Pierre's official letter. Then its content will be known.
4.) That he has been advised by Mr. Bte. Valle to take a trip to the city even though only to confound his enemies who have spread so many slanders about him which have caused him to be considered as a monster of religion. This presence will dissipate this bad opinion.
5.) He himself has been notified by the Vicar General of two main accusations brought out against him: a) That he has no document proving his priesthood and, b) that his parishioners, not believing him a priest, are deprived of the Holy Sacraments.
6.) Furthermore, De Saint Pierre asserts that it is not difficult to prove the contrary by: a) His ecclesiastical letters showing that he is not under censure and that he may administer the Holy Sacraments. b) These letters from the Archdioceses of Treves authorizing him to administer any ecclesiastical service necessary to the regiment of Saint ange, then, in garrison at Saarlouis, with the permission to confess any of the faithful of the dioceses. c) This certificate of almoner of this regiment and his discharge with recommendation to all the French Consuls in the thirteen American colonies, from the Chevalier de la Vallete, army brigadier and lieutenant colonel, of this regiment. d) He adds that the supposed doubts of his parishioners about his priesthood are sufficiently contradicted by the mere fact of the requests they have sent to the city in order that he may continue as a pastor among them.
7.) Moreover, De Saint Pierre asks the addressee: a) To give him a certificate according to what he saw or heard in his parish when he was there. b) to dispose Father Levadoux to certify the sentiments that De Saint Pierre's former parishioners of Kaokias, Prarie du Rocher and Kaskaskias have of his administration.
8.) Finally, de Saint Pierre assures the addressee that as soon as Mr. Francois Valle is back, they will take the trip to St. Louis and then, De St. Pierre will pay for his watch.
--To this is added a note that the Bishop arrived in the city eight days after the departure of Mr. Valle.

IV-5-b A.L.S. 3pp. 8vo. (French)
2


1795 Sep. 25

Notario, Father Francisco, O.P.

Procedures for the provision of the parish of La Fourche in the person of Father Francisco Notario, A Dominican.

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1795 Sep. 10

Notario, Father Francisco

to Bishop Penalver y Cardenas
(New Orleans)
Father Notario states:
1) That he left Spain with permission of his Provincial as it appears from the document No. 1 that he presents and arrived at Havana in 1780.
2) That by appointment and order of the Bishop Santiago Jose de Hechavarria, he became pastor of Mobile as it appears from the document No. 2.
3) That becoming sick in this service, the auxiliary Father Cirilo de Barcelona appointed him to the second parish of this river as it appears from the document No. 3.
4) That from there he went to the pastorship of Pensacola and the chaplain of the third battalion of Louisiana by mandate of Father Antonio de Sedella, then Auxiliary Vicar-General of this province and with the consent of the governor and the colonel of that regiment as it appears from the document No. 4.
5) Thence he left for Havana to finish certain affairs concerning his ministry, where he remained until now and he had the opportunity to serve as chaplain in a merchant frigate, the "Mississippi" that arrived at New Orleans as it appears from the permission of Bishop Felipe Jose de tres Palacios in the document No. 5.
6) That when he arrived at New Orleans, he knew that there were several vacant parishes and tenancies in these Provinces. And as he does not want to embark again in the ship, he asks the Bishop to put him in one of these vacant places in order he may continue serving the two Magestics. Signed by Francisco Notario.
--To this is added a decree by Bishop Penalver on Sep. 16, 1795 certifying that the documents have been handed in, and ordering that a copy be taken of them and that after they are delivered to the party and other results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that on Sep. 17, 1795 he notified Father Notario of the above decree.

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1795 Sep. 17

Rivas, Don Jose Maria de, Secretary
(New Orleans)
Rivas certifies:
1) That Jose Paramonte, Provincial of Andalusia, of the Dominicans gave permission on Nov. 15, 1779, to Father Francisco Notario to sail in the ship, "Nuestra Senora de la Concepcion" to America and he was named Chaplain of the said ship by the Bishop of Cadiz, D. Juan Baptista de Servera on Dec. 4, 1779.
2) That D. Santiago de Hechavarria y Elquesua, Bishop of Cuba, appointed him provincial pastor of Mobile by a decree of Aug. 19, 1782.
3) That he was named pastor of St. John Baptist of the German Coast by a decree of Father Cirilo de Barcelona in agreement with the Vice Patron on Oct. 1, 1784.
4) That on May 1, 1787, he was appointed by Father Antonio de Sedella, then Vicar General, in agreement with the Vice Patron, an assistant priest in the "Plasa de Pensacola."
5) That on Aug. 1, of this year he was given permission to come to New Orleans as a chaplain on the frigate "Mississippi."
6) Finally Rivas certifies all this appears from the documents presented and that he handed them back to the party. And that according to yesterday's decree he drew up the present certification. Signed by Rivas.

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1795 Sep. 17

Penalver y Cardenas, Luis Bishop
(New Orleans)

1) The Bishop certifies: a) That he has been asked by Father Notario in his petition of Sept. 10 to grant him one of the curacies of this dioceses, and that he presented several documents in evidence of his ability. b) That the parish of la Fourche is vacant and taken care of by the pastor of Valenzuela Bernardo de Deba. c) That Father Notario knows French well which is the language of the inhabitants of that parish.
2) The Bishop decrees: That as there is no impediment against him, an official letter be sent to the governor, the Vice Royal Patron whose answer will be awaited, to give Notario his appointment. Signed by the Bishop of Louisiana.

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1795 Sep. 18

Penalver y Cardenas, Luis Bishop

to Baron de Carondelet
(New Orleans)

The Bishop notifies the Baron: a) of the arrival at New Orleans of the Dominican Father Francisco Notario who wants to serve in one of the curacies of these Provinces. b) That the parish of La Fourche is vacant, being taken care of by Bernardo de Deba, pastor of Valenzuela. c) That there is no impediment against Father Notario despite the criminal trial in which he was involved with an assistant priest in Pensacola, on which he was absolved. d) And that as his behaviour has been good when he was at Havana and as he knows French well, the Bishop asks the Baron's consent to appoint him. Signed by Luis Bishop of Louisiana.
--To this is added a note by rivas, dated as above, certifying that the above letter accords with the original.

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1795 Sep. 19

Carondelet, Luis Baron de

to Bishop Penalver y Cardenas

The Baron tells the Bishop that his assurance in appointing Father Francisco Notario to the parish of la Fourche, removes any doubt he might have, and as he does not have any further objection, he does so inform the Bishop in reply to his letter of yesterday. Signed by the Baron de Carondelet.
--To this is added a decree, dated Set. 22, 1795, on the top of the first page of Carondelet's letter by Bishop Penalver ordering the above letter to be added to the other documents and Father Notario to be notified of his appointment. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was written down by Bishop's order.

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1795 Sep. 24

Penalver y Cardenas, Luis Bishop
(New Orleans)

to Father Francisco Notario
The Bishop decrees:
1.) That in agreement with the royal Vice Patron, he appoints Father Francisco Notario to the vacant parish of la Fourche, in order that he may administer to the parishioners the Holy Sacraments of Baptism, Penance, Eucharist, Extreme Unction and Matrimony, with all the duties of the ministry.
2.) That Father Notario be considered as temporary pastor and that, besides the rent of the said parish, he be aided with the proper obventions and emoluments and treated as it is exacted by his ministry.
3.) That all the priests and particularly Father Bernardo de Deba, pastor of Valenzuela, cease his services where he has been working recently. Signed by the Bishop of Louisiana.
--To this is added a note by Rivas certifying that the above copy was drawn up by the Bishop's order.

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1795 Sep. 25

Penalver y Cardenas, Luis Bishop

to Francisco Rendon
(New Orleans)

1) The Bishop notifies Rendon of the appointment he made in agreement with the Royal Vice Patron of Father Notario to the parish of la Fourche.
2) The Bishop asks rendon that a record of it be made in the royal offices. Signed by Luis, Bishop of Louisiana.
--To this is added a note by Rivas, dated as above, certifying that the two above copies are according to the originals of the appointment and the official letter.

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1795 Sep. 25

Rendon, Francisco

to Bishop Penalver y Cardenas
(New Orleans)

Rendon notifies the Bishop that a record has been made of the appointment of Father Notario to the parish of la Fourche, and that he is returning the document to the Bishop in reply to his official letter.
--To this is added a note, on the top of Rendon's letter, dated Sep. 30, 1795, by Bishop Penalver ordering the above document to be added to the former proceedings. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was drawn up by Bishop's order.

IV-5-b L.S. 1p. 8vo. (Spanish)
7


1795 Sep. 30

Landry, Hipolito

Documents concerning the petition of Hipolito Landry for a dispensation from the diriment impediment in the second degree, equal, of consanguinity with Margarita Richard.

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1795 Sep.

Landry, Hipolito

to Bishop Penalver y Cardenas
(New Orleans)

1) Hipolito Landry from the parish of Iberville in this Province, notifies the Bishop that he desires to marry Margarita Richard from the same parish, but that he could not do so because of the diriment impediment of consanguinity that exists between them. He asks the Bishop to order this information be accepted about the following matters.
2) Hipolito Landry set forth this relationship as follows: a) First that Hipolito Landry is the legitimate son of Fermin Landry and Divina Baben. b) That Margarita Richard, his intended wife, is the legitimate daughter of Joseph Richard and Ana Landry. c) That Fermin Landry, his father and Ana Landry, mother of his future wife, are the legitimate children of Alexandro Landry and Ana Flau, from which results the impediment of consanguinity in the second degree, equal. d) That in the post of Iberville almost all the families are Acadian and all relatives, so that it is difficult to marry strangers. e) Landry specifies that his intended wife is poor and an orphan and that if their marriage does not take place, she would be exposed to other ends.
3) Since these facts are considered sufficient Hipolito Landry begs the Bishop to grant them this dispensation and that the pastor of the above mentioned parish, Father Buenaventure de Castro, may marry them in the usual form. Signed by Hipolito Landry.
--To this document is added the decree of the Bishop Penalver y Cardenas ordering that the information presented by the party be received and that the witnesses should appear and the results brought in. Signed by the Bishop.
--To this is added a note by rivas certifying that the above decree was issued and signed by Bishop Penalver on Sept. 30, 1795.
--Another note by Rivas certifying that on the same day he notified Hipolito Landry of the above decree.

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1795 Sep. 30

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1) That Hipolito Landry appeared before him and under oath, answered the questions asked as follows:
2) a) That his name is Hipolito Landry from the parish of Iberville; b) That he is the legitimate son of Fermin Landry and Divina Baben; c) That he is 21 years old, unmarried and engaged (despite his old love with a girl from LaFourche) only to Margarita Richard from the same parish of Iberville. d) Moreover he assures that he knows of no other impediment.
3) Finally, Hipolito Landry swears that all he said is the truth and signed the document Hipolito Landry and notorized by Rivas.
--Immediately appeared Fernando Landry, a witness presented by Hipolito Landry who, under oath testified as follows: a) That he knows Hipolito Landry, legitimate son of Fermin Landry and Divina Baben. b) That Margarita Richard from the parish of Iberville is the legitimate daughter of Jose Richard and Ana Landry. c) That Fermin Landry, father of Hipolito, and Ana Landry, mother of Margarita, are the legitimate children of Alexandro Landry and Ana Flau, from which results the diriment impediment of consanguinity in the second degree, equal. d) That in the parish of Iberville it is publicly known that most of the neighbours are relatives. e) That is equally known that both of these petitioners are orphaned of father and mother and that Margarita lives on the charity of her relatives. f) Finally he swears to the truth of his statements and that he is 19 years old. Signed by Ferdinad Landry and notorized by Rivas.
--Immediately appeared Simon Brand, another witness presented by Hipolito Landry from whom Rivas received sworn testimony to the truth of the same points witnessed by Fernando Landry. He swore also that he is 22 years old and signed the document. Signed by Simon Brand and notorized by Rivas as secretary.

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1795 Sep. 30

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees:
1) That having examined these documents concerning Hipolito Landry's petition for a dispensation to marry Margarita Richard he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have.
2) Moreover, that the parties must cease living under the same roof for one month, so that they may restore with their example all they have destroyed by their scandal.
3) Moreover, in order to absolve them from their fault, that during the publication of the banns they must daily pray on knees that three parts of the rosary and contribute twenty "pesos" of alms to their parish.
4) Furthermore, to this end, that a decree be sent to the pastor Buenaventura de Castro of Iberville, so that he may dispense them from the publication of the banns. Signed by the Bishop and witnessed by Rivas.
--To this document is added a note by Rivas certifying that the decree was sent to the Pastor of Iberville, Buenaventure de Castro.

IV-5-b D.S. 10pp. 4to. (Spanish)
5


1795 Oct. 8

Argote, Pedro Marin
New Orleans, (Louisiana)

Proceedings carried out by Don Pedro Marin Argote, post master general of this province in order to demand some slaves that are listed in the inventory of the goods of Father Antonio de Sedella, O.M.Cap. ... (For complete calendar see original of 88 cards).
Cross references:

1. New Orleans, Louisiana
2. Father Antonio de Sedella, O.M.Cap.
3. Father Theodoro Thirso Henrique Henriquez
4. Bishop Cy(?)rillo Sieni de Barcelona
5. Pedro Pedesclaux
6. Francisco de Priano
7. Rafael Perdomo
8. Luis Liatau
9. Fernando Ibanez
10. Thomas Gracia
11. Estevan Quinones
12. Father Ignacio de Olot, O.M.Cap.
13. Father Joseph Xerez, O.M.Cap.
14. Juan Garcia
15. Pedro Josef Gonzales
16. Bishop Felipe Jose Trespalacios
17. Fernando Font
18. Miguel Gomez
19. Celestino Lavergne
20. Santiago Lemaire
21. Dr. Esteban Jose Conde
22. Andres Almonaster y Roxas
23. Ursulines
24. Capuchins

IV-5-d


1795 Oct. 9

Quintanilla, Father Luis de

Procedures in checking the accounts of the collectorship of the parish of St. Louis in charge of Father Luis de Quintanilla from Jan. 1791, to the end of July, 1795.

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1795 Oct. 26

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop Decrees:
1.) that the collectorship ledgers of the parish of St. Louis be delivered to Father Ubaldo Delgado, Recollect Franciscan, in order that he may check them since Father Quintanilla began his charge until July 31, 1795.
2.) That Father Ubaldo is to draw up a balance of what is due to the participants and to compare the parochial ledgers that will be presented by the Pastor.
3.) That the Bishop is to be informed of the course of the procedures. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above copy was drawn up by the Bishop's order.

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1795 Oct. 8

Delgado, Father Ubaldo

to Bishop Penalver y Cardenas
(New Orleans)
Ubaldo states: 1.) That he examined the ledger of receipts of the parish of St. Louis from January 1791 to July 31, 1795 and compared them with the ledger of the parish. 2.) That from this examination there results the present statement, in which appears the income of each participant and the list of the burials made on alms. 3.) That these ledgers include only the receipts from burials, stipends and votive masses since no offerings are made at the baptisms, and the "relaciones" belong to the pastor as well as the banns of marriage. 4.) That there is no proof that the participants have been paid and Ubaldo does not know if it is usual to demand it. 5.) That he has carried out the commission as he was ordered. The Bishop will dispose of the matter, as it seems suitable. Signed by Father Ubaldo Delgado
--To this is added a decree by Bishop Penalver y Cardenas, on Oct. 9, 1795, ordering Father Quintanilla to prove with documents that he paid fully the income due to the treasury of the church and the other participants. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above copy was drawn up by Bishops order.
--There follows the itemized accounts made by Father Ubaldo Delgado.

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1795 (______)

Quintanilla, Father Luis

to Bishop Penalver y Cardenas
(New Orleans)

Father Quintanilla, in charge of the collectorship of this parish, states that he has carried out the Bishop's orders of Oct. 9 in the following way:
1). That he paid to the "benefit" 4.607 "pesos" 6 "reales" of its income as it appears from the document of the vice trustee which he is presenting. The difference results from "la Quarta Episcopal" taken by Dr. Theodoro Thirso and some burials to be charged.
2). 2.690 "pesos" and 5 "reales" of the income of the Sabrica with the receipt of its churchwarden for 2.636 "pesos" and 6 1/2 "reales." The little difference results from the same burials to be charged.
3). The charge for the singers, acolytes, sacristan and sexton with the document he is presenting.
4). Finally, that he did not make note of "la Quarta Episcopal" from Sept. 1792 to June 1793 because Dr. Theodoro thirso did not give it nor was "La Quarta Episcopal" ever charged. Signed: by Father Luis de Quintanilla.
--To this is added a decree by Bishop Penalver that the documents have been handed in and that, after examined, he will dispose of the suitable. Signed : by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Oct. 2, 1795.
--To this is added another note by Rivas that on the same day he notified Father Quintanilla of the above decree.
--To this are added the three certificates presented by Father Luis de Quintanilla.

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1795 Aug. 1

Fernandes, Andres
(New Orleans)

Fernandes as Vice Trustee certifies to have received father Quintanilla 4.125 "pesos" of the receipts due the Capuchin Fathers from Jan. 1, 1791 to Aug. 1, 1795 as it appears from the ledger of the said priests. Signed: by Andres Fernandes.

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1795 Aug. 1

Ramis, Antonio
(New Orleans)

Ramis as churchwarden of the parochial church of St. Louis certifies he received from Father Quintanilla 2.636 "pesos" and 2 1/2 "reales" of the receipts that correspond to the Fabrica of the Church from Jan. 1791 to Aug. 1, 1795. Furthermore, he received 185 "pesos" and 5 1/2 "reales" of the receipts from the regiment assigned to this place. Signed by Antonio Ramis.

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1795 Aug. 1

Hubert P. and others

The undersigned, the four acolyte, singers sexton and sacristan of the Cathedral Church of New Orleans certify that they have received all the receipts due them from Father Quintanilla from Jan. 1791 to Jul. 1795. Signed by Vicente Llorca, Fuiret Arnand, chanter, P. Huber, chanter, Calandrot Pauguinet, Sacristan.

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1795 Oct. 3

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop states:
1). That he examined the accounts of the collectorship of the parish of St. Louis in the charge of Father Luis de Quintanilla from January '91 to July of this year inclusive, and the gloss made by Father Ubaldo Delgado with the proving documents.
2). That he approves them and that the burials to be charged must appear in the new account as arrers(?), because of the delay of the debtors.
3). Furthermore, as this report ends the responsibility of Father Quintanilla, proper endorsements are to be made in the ledgers and these returned to father Quintanilla. Signed by the Bishop of Louisiana and witnessed by Rivas.

--To this is added a note by Rivas certifying that a testimony of the above decree has been written down in the ledgers and then these have been returned to Father Quintanilla.

IV-5-d D.S. 10pp. up to 12pp. 12mo. (Spanish)
5


1795 Oct. 12

Brousard, Theofilo

Documents concerning the petition of Theofilo Brousard for a dispensation from the diriment impediment in the third degree, equal, of consanguinity with Victoria Landry.

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1795 Oct. 12

Brousard, Theofilo (Attacapas)

to Bishop Penalver y Cardenas
(New Orleans)

1) Theofilo Brousard from the parish o f Attacapas notified the Bishop that he desires to marry Victoria Landry from the same parish, but that he could not do so because of the diriment impediment of consanguinity that exists between them. He asks, moreover, the Bishop to order this information be accepted about the following matters.
2) Theofilo Brousard set forth this relationship as follows:
a) First that Theofilo Brousard is the legitimate son of Francisco Brousard and Pelagia Landry.
b) That Victoria Landry, his intended wife, is the legitimate daughter of Armando Landry and Margarita Melanson.
c) That Pelagia Landry, his mother, is the legitimate daughter of Pedro Landry and Carlota Landry.
d) That Pedro Landry, his maternal grandfather and Carlos Landry, the paternal grandfather of his intended wife are the legitimate children of Francisco Landry and Ana Brand, from which it results the impediment of consanguinity in the third degree equal.
e) That in the post of Attacapas almost all the families are Acadians and all relatives so that it is very difficult to marry strangers. Moreover, that his intended wife is poor and an orphan so that if their marriage does not take place, she would be exposed to other ends.
3) That since these facts are considered sufficient, Theofilo Brousard begs the Bishop to grant them this dispensation and that the pastor of the above mentioned parish, Dr. Miguel Bernardo Barriere, may marry them in the usual form. To this is added a note by Rivas, on the top of the first page, certifying that the above document was presented before him by Theofilo Brousard on Oct. 12, 1795, who expressed not to be able to sign.
--To this is added a decree by Bishop Penalver ordering that the information presented by the party be received and that the witnesses should appear and the results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver, on Oct. 12, 1795.
--Another note is added by Rivas certifying that on the same day he notified Theofilo Brousard of the above decree.

--------
1795 Oct. 12

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1) That Theofilo Brousard appeared before him, and, under oath, answered the questions asked as follows:
2) a. That his name is Theofilo Brousard from the parish of Attacapas.
b. That he is the legitimate son of Francisco Brousard and Pelagia Landry.
c. That he is 21 years, unmarried and engaged only to Victoria Landry from the same parish.
d. That he knows of no other impediment.
3) Finally, Theofilo Brousard swears that all he said is the truth and did not sign because he could not. That is notarized by Rivas. Immediately appeared Pedro Filibert, a witness presented by Theofilo Brousard who, under oath, testified as follows:
a.) That he knows Theofilo Brousard, legitimate son of Francisco Landry and Pelagia Landry.
b.) That Victoria Landry from the parish of Attacapas is the legitimate daughter of Armando Landry and Margarit Melanson.
c.) That Pelagia Landry, mother of Theofilo, is the legitimate daughter of Pedro Landry and Carlota Landry.
d.) That Armando Landry, father of Victoria, is the legitimate son of Carlos Landry and Margarita Ebert.
e.) That Pedro Landry, internal grandfather of theofilo and Carlos Landry, paternal grandfather of Victoria, were the legitimate children of Francisco Landry and Ana Brand, from which results the diriment impediment of consanguinity in the third degree, equal.
f.) That in the parish of Attacapas, it is publicly known that most of the neighbours are relatives and that Victoria is an orphan who lives on the charity of her relatives.
g.) Finally he swears to the truth of his statements and that he is 38 years old. Signed by Pierre Filibert and notarized by Rivas. Immediately appeared Pedro Michel, another witness presented by Theofilo Brousard, from whom Rivas received sworn testimony to the truth of the same points witness by Pierre Filibert. He swore also that he is sixty years old and did not sign because he could not. That if ? notarized by Rivas.

--------
1795 Oct. 12

Penalver y Cardenas, Luis, Bishop
(New Orleans)
The bishop decrees:
1) That having examined the documents concerning Theofilo Brousard's petition for a dispensation to marry Victoria Landry, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have.
2) Moreover, that the parties must cease living under the same roof for the time being, so that they may restore with their example all they have destroyed by their scandal.
3) Moreover, in order to absolve them from their fault, that during the publication of the banns, they must daily pray on knees the three parts of the rosary and contribute twenty "pesos" of alms to their parish.
4) Furthermore, to this end, that a decree be sent to the pastor of Attacapas, Father Bernardo Barriere, so that he may dispense them from publication of the banns. Signed by the Bishop of Louisiana and witnessed by Rivas.
--To this is added a note by Rivas certifying that on the same day he notified Theofilo Brousard of the above decree. Another note is added by Rivas certifying that the decree was sent to the Pastor of Attacapas, Father Bernardo Barriere.

IV-5-d D.S. 11pp. 4to. (Spanish)
3


1795 Oct. 17

Penalver y Cardenas, Luis Bishop

Procedures concerning the fulfillment of the physicians and surgeons of their duties as to the sick.

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1795 Oct. 14

Penalver y Cardenas, Luis Bishop
(New Orleans)

1) The Bishop notifies:
a) That examining the parochial books, upon the occasion of the holy visit of his diocese, he notified sorrowfully the great number of adults that die without the sacraments of Penance, Eucharist, and Extreme Unction.
b) That that is due to the non-observance of the physicians and surgeons of the canonical orders of the fourth Council of Lateran under Pope Innocent III, of the holy Bull issued by Pius V whose beginning is "Super Gregem Dominicum" and of the instruction given by the Roman Council under the pontificate of Benedict XIII in 1725.
c) That all of which orders them not only to call the attention of those they cure to prepare themselves to eternal life through the holy sacraments, btu also that they must refrain from continuing to help the sick if at the end of the third day of illness they have not been administered.
d) That all those doctors who do not proceed so will be punished with a major excommunication.
2) therefore the Bishop decrees that in order that all those who live amidst vice and lincentiousness may be saved by an efficient confession of their sins, this decree is to be made known to every physician and surgeon, thus reminding them of their responsibility and the strict account they must give on Judgement Day to Our Lord for the least failure in the fulfillment of their duties.
3) That in the case of a known and proven neglect to carry out such orders, they will be punished properly for their disobedience. Signed by the Bishop of Louisiana and witnessed by Dr. Joseph Maria de rivas as secretary.
--To this is added a note by Santiago Saldivar, (Notary Public) certifying that on Oct. 15, 1795, at New Orleans, he notified the following doctors: Jose Monteguin, Estevan Pelgim, Roberto Dow, Joaguin Ablanedo,Jose Lavie, Mr. Fortain, and Crusel de St. Martial of the above decree. That on Oct. 16, 1795 he notified Luis Guiovelnia of the above decree. That on Oct. 17, 1795 he notified Santiago Leduc of the above decree. IV-5-d D.S. 3pp. 4to. (Spanish)
9


1795 Oct. 26

Quinones, Estevan de

Legal action brought by Dr. Estevan de Quinones in order to prove the legitimacy of his marriage to Dona maria Durieux.

--------
1795 Oct. ?

Quinones, Estevan de

to Bishop Penalver y Cardenas
(New Orleans)

1.) Dr. Estevan de Quinones states that he has been informed that the register books of the parish of St. Louis have been destroyed by the fire of 1788. Moreover, in those books was recorded his marriage to Maria Durieux, August 2, 1773.
2.) So he asks the Bishop to order Father Antonio de Sedella, pastor of the said parish, to certify that the book of marriages of 1773 was lost in the fire and that the certification be given him for his use. Signed by Estevan de Quinones.
--To this is added a decree by Bishop Penalver ordering Father Sedella to do as asked and the certification to be delivered to Quinones. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by the Bishop on October 14, 1795.
--Another note is added by Rivas certifying that on the same day he notified Father Antonio de Sedella of the above decree.
--Another note by Rivas certifying that on the same day he notified Estevan de Quinones of the above decree.

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1795 Oct. 16

Sedella Father Antonio de
(New Orleans)
Sedella certifies:
1). That some register books of the Cathedral of St. Louis, at that time just a parish, were destroyed by the fire of 1788.
2). That he does not know whether the one on marriage for the year 1773 is included in that list or whether it was lost in some other manner.
3). That this is all he can say as he has been ordered to by the Bishop's decree. Signed Father Antonio de Sedella.

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1795 Oct. ?

Quinones, Estevan de

to Bishop Penalver y Cardenas
(New Orleans)

1). Quinones states that the certification of Father Sedella has been delivered to him. But that it does not in the least satisfy him because he does not know whether Father Sedella looked for the book of marriages of 1773 since he did not take the trouble to solicit it as is his duty.
2). Furthermore, Quinones asks the Bishop:
a). To receive information on the matter for that purpose certifications are to be secured from D. Andres Almonaster councilman and Royal Ensign, Colonel of the troops of the city, because he assisted Quinones marriage to Dona Maria Durieux on August 2, 1773 in this Cathedral Church celebrated by the Pastor, Dagoberto de Longwy now deceased and at that time pastor of the church.
b). That Joseph Montegut and Santiago Leduc, surgeons of this city, declare and swear that this is true, since they were ocular witnesses of the wedding.
c). That, if this is sufficient, he be given an authentic copy of these proceedings and that Father Antonio de Sedella be ordered to make a record of it in the book of marriage or whatever else the Bishop considers best for Quinones to prove the legitimacy of his marriage. Signed by Estevan de Quinones.
--To this is added a decree by Bishop Penalver ordering everything to be done as requested and that Dr. Andres Almonaster is to be notified of this. After that, the proceedings are to be brought in.
--To this is added a note by Rivas certifying that the above decree was issued and signed by the Bishop Penalver on Oct. 21, 1795.
--Another note by Rivas certifying that on the same day he notified Estevan de Quinones of the above decree.
--To this is added a note by Rivas certifying that on Oct. 22, 1795 he notified personally D. Andres Almonaster of the above decree. Then the latter stated:
a). That he knew of the legitimate marriage of Dr. Estevan de Quinones in August, 1773 because Quinones at that time was an employee in his home, and he knew every step Quinones took on the matter.
b). That he accompanied him personally to the church and witnessed as well the marriage as the veiling of bride and the groom. Signed by Dr. Andres Almonaster and notorized by Rivas.
--To this is added another note by Rivas certifying that on Oct. 26, 1795 he received sworn testimony from the surgeon Joseph Montegut, who said that he had accompanied Quinones to the parish of St. Louis and had been an ocular witness of all the celebration that took place in August 1773. Finally he swore that this is the truth. That he is 52 years old and Signed by J. Montegut and notorized by Rivas.
--To this is added another note by Rivas certifying that, on the same day, he received sworn testimony from the surgeon Santiago Leduc, who stated:
a). That he accompanied Dr. Estevan de Quinones to the parochial church of St. Louis whose pastor was at that time Dagoberto de Longwy.
b). That he was present during all the celebration and afterwards he accompanied both Estevan de Quinones and his wife to their home.
c). Finally, that the celebration took place in August 1773 and that this is the truth; his age is 53 years and signed by Santiago Leduc and notorized by Rivas.

--------
1795 Oct. ?

Penalver y Cardenas, Luis Bishop
(New Orleans)

1). The Bishop states to have examined all the information presented by Dr. Estevan de Quinones in order that his marriage with Dona Maria Durieux in August 2, 1773 may be recorded in the parochial books of the parish of St. Louis--now Cathedral-- as the books of that time, in which it was recorded, have been destroyed by fire of 1788.
2). Considering this information sufficient, the Bishop orders Father Antonio de Sedella to make a record of said matrimony in the regular book for marriages, referring to the present decree, and that a copy of this is to be given Quinones after he has paid the correspondence fees. Signed by the Bishop and witnessed by Rivas.
--To this is added a note by Rivas certifying that on Oct. 29, 1795 he notified Estevan de Quinones of the above decree.
--Another note by Rivas certifying that on the same day he delivered to Father Antonio de Sedella the testimony as he has been ordered.

IV-5-d D.S. 9pp. 4to. (Spanish)
3


1795 Nov. 3

Dupard, Catalina

Information presented by Francisco Delille Dupard to prove that his Sister Dna. Catalina was born and baptized at New Orleans.

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1795 Oct. 27

Quintanilla, Luis de, Capuchin and assistant at St. Louis Cathedral.
(New Orleans)
Father Quintanilla certifies:
1). That the baptismal record of D. Catalina Delille Dupard is not found in the Archives of this parish because the Register of baptisms from 1733 to 1744 in which interval she was born, is lacking.
2). That the proof of this appears from the baptismal record of her brother, Francisco Delille Dupard of the year 1744, who was born two years later than his sister.
3). That the reason why the register of baptisms is lacking from 1733 to 1744 inclusive of both is the fire of March 21, 1788.
4). Finally, that he drew up the present certification in order that the party may proceed as it is suitable. Signed by Father Luis de Quintanilla.

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1795 Nov. 3

Dupard, Francois Delille

to Bishop y Cardenas
(New Orleans)

1). Dr. Francisco, Delille Dupard, resident of this town and having 4 leagues up the river, in the name of his sister Catalina Delille Dupard, absent in the ultramarine, asks the Bishop to receive information from the witnesses he may present by means of Dr. Juan Joseph Duforest as Interpreter about the following points:
a). That his Sister was born on Jan. 26, 1742 in this town and that she was baptised on the same day in the parochial Church of St. Louis by the Father Mathias, Vicar General of it then.
b). That her godfather was Dr. Joseph Lecourt and her godmother Dr. Catalina Fonder Hubert Lacroix.
c). That she is the legitimate daughter of the legitimate marriage of D. Pedro Delille Dupard and Dna. Jacquelina Michel.
d). That she is the legitimate wife of Dr.Bartholome MacNamara. (?)
2). So that if the Bishop considers that information sufficient, Dr. Francisco Dupard asks him to order the present secretary to receive the information offered. The reason he proceeds so is that, as it appears from the certification he is presenting, the parochial books of 1742 have been burnt by the fire of 1788, in which should be recorded the baptism of his birth.
3). And as tomorrow a ship will sail from this harbor in which Dr. Francisco Dupard is supposed to send to his sister the testimony of these procedures, he asks the Bishop to order everything done today. Signed: by Francois Delille Dupard.
--To this is added a decree by Bishop Penalver Cardenas.
1). The Bishop states that the document has been brought in.
2). a. He decrees that the information offered be received by means of the public Interpreter; b. That when this is done, the results are to be brought in and all is to be done the quickest way possible. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by the Bishop of Louisiana on Nov. 3, 1795.
--To this is added a note by Rivas that on the same day he notified Dr. Francis Delille Dupard of the above decree.
--Another note is added by Rivas certifying that on the same day he notified D. Juan Joseph Duprest of his appointment as interpreter, who accepted it and swore to carry it out faithfully. Signed by Juan Joseph Duprest, and witnessed by Rivas.

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1795 Nov. 3

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1). That immediately Dr. Francisco Delille Dupard presented as witness Dr. Francisco Bragnier from whom he received sworn testimony about the following points:
a). That he knows Dna. Catalina Delille Dupard, legitimate daughter of Pedro Delille Dupard y Dna. Jacqulina Michel.
b). That she was baptised in this parochial church in 1742 by the Father Mathias, it Vicar-General, the god-parents being Dr. Jose Lecourt and Dna. Catalina Fonder Hubert.
c). That the day of her birth was the 26th of the said year.
d). Finally that this is the truth and that he is 75 years old. Signed by Bragnier, Juan Josef Duforest, and notarized by Rivas.
2). Immediately Dr. Francisco presented as witness Dr. Alexandro Baure from whom Rivas received sworn testimony about the same points witnessed by Barginer. Moreover, he stated that this is the truth and that he is over 70 years old. Signed by Baure, Juan Josef Duprest and notarized by Rivas.

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1795 Nov. 3

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop Decrees:
That, considering sufficient the information presented by the two witnesses and the certification of Father Luis de Quintanilla about the petition of Dr. Francisco Delille Dupard, the testimonies asked of the judicial proceedings be given the party after the due fees have been paid. Signed by the Bishop of Louisiana.
--To this is added a note by Rivas certifying that the above decree was issued and signed by the Bishop on Nov. 3, 1795.
--To this is added a note by rivas certifying that on the same day he notified Dr. Francisco Delille Dupard of the above decree.
--Finally, another note by Rivas certifying that on the same day he delivered the testimony asked to Dr. Francisco Delille Dupard.

IV-5-d D.S. 10pp. 4to. (Spanish)
4


1795 Nov. 7

Portillo, Father Joaquin de

(Letters concerning Father Joaquin de Portillo).

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1795 Sep. 8

Penalver y Cardenas, Luis Bishop
(New Orleans)

to Luis de las Casas
(Havana)
The Bishop notifies the Governor:
1). That by the enclosed copy (copy not enclosed), he will learn of the order the Bishop has to send Father Joaquin de Portillo to Cartagena, or if there should be no need for him there, to Havana at the disposal of the Governor.
2). And that as Father Portillo is not needed in Cartagena, the Bishop with the approval of the Governor sends him to Havana on board the Brigantine "Nuestra Senora del Pilar" under Captain Vicente (?) that sails today. Signed by Luis Bishop of Louisiana.

A.L.S. 2pp. 12mo. (Spanish)

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1795 Nov. 7

Casas, Luis de las, Governor of Cuba
(Havana)

to Bishop Penalver y Cardenas
(New Orleans)
Casas states:
1). That Father Joaquin de Portillo about whom he received a confidential communication of 9th of last September from Penalver has arrived at Havana.
2). That, in fulfillment of the royal Order concerning his destination that has been likewise communicated to him by the Ministry of Grace and Justice, Casas sends him to Cartagena of the West Indies on board of the "Florida Blanca" in order that he may appear before the Tribunal of the Inquisition of that city.
3). Finally, that he arranged that Portillo's stay at Havana, awaiting the time of sailing, should be spent in a becoming manner, and in such a way that neither his case nor his destination should become known to the public, as ordered in the above-mentioned Royal Order. Signed by Luis de las Casas.

IV-5-d A.L.S. 2pp. 4to. (Spanish)
2


1795 Dec. ?

(Penalver y Cardenas, Luis, Bishop)
(New Orleans)

A list of the parishes that have and of those that have not sent the census for the year 1795. (In the handwriting of the Bishop).

IV-5-d A.D. 1p. 12mo. (Spanish)
1


1795 Dec. 9

Limpach, Father Bernardo de
(Pointe Coupee)

to Bishop Penalver y Cardenas
(New Orleans)

Limpach states that he is sending enclosed therewith the summary as he has been ordered to do by the Bishop's decree of Dec. 3, 1795. Signed by Bernardo de Limpach.
--There follows the summary of the register of the Parochial Church of Punta Cortada (Pointe Coupee) in the Diocese of Louisiana for the year 1795. (The same date as above).
1). The number of men was 1095. Among them:
a). There were 128 white from 1 to 15 years of age, and 186 from 15 years on.
b). Free half-breed: 15 from 1 to 15 years and 11 from 15 on.
c). Slaves: 217 from 1 to 15 years and 538 from that on.
2). The number of women was 738. Among them:
a). There were 83 white from 1 to 15 years of age and 131 from 15 on.
b). Free half-breed: 22 from 1 to 15 and 17 from then on.
c). Slaves: 155 from 1 to 15 and 281 from 15 on.
3). The total souls was then 1838.
4). Furthermore, Father Limpach states
a). That 98 did not fulfill the annual precept.
b). That this church has the eventual rent from banks and burials of 178 "pesos," out of which 40 are spent yearly for wax, oblates, etc.
c). That there are 98 Protestants included in the total number. Signed by Father Bernardo de Limpach.

IV-5-d A.L.S. 3pp. 8vo. (Spanish)
2


1795 Dec. 19

Walsh, Father Patricio

Decree of the Commissary Subdelegate of Crusade in the Province of Louisiana about the publication and preaching of the holy Bull in this year of 1795.

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1795 Dec. 18

Walsh, Father Patricio

to Bishop Penalver y Cardenas
(New Orleans)

1). Father Walsh, commissary subdelegate of the holy Crusade in Louisiana, through Father Joseph Thomas Parreno, commissary subdelegate of the holy Crusade in Havana and Island and Western Floridas, notifies the Bishop that, in consequence of the proceedings carried out for the publication and preaching of the holy Bull of the Crusade, he issued the following decree:

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1795 Dec. 18

a). That by another decree of the same day, he chose the feast of St. John the Evangelist, Dec. 27, for the publication and preaching of the holy Bull of the Crusade and the new privilege granted by His Holiness Pius VI for the use of meat during the days of Lent, in accordance with what is determined for the years of 1796 and 1797).
b). That in order that this ceremony as well as the procession that is to take place at 8 o'clock in the morning from the monastery of the Ursulines to the Cathedral Church be solemnized properly as His Majesty ordered, and through the help of Bishop Penalver, a petition is to be sent to His Excellency requesting him to order that the Reverend Pastor, his assistants and other chaplains concur with the clergy as it is customary, to the reception and feast of the preaching of the holy Bull with all the necessary measures the known zeal of His Excellency might consider suitable for the service of both Majesties. Signed: by Patrilo Walsh. Witnessed by Francisco Bermudz, Notary of the Crusade.

2). Furthermore, Father Walsh notifies the Bishop that the above decree was issued in order that the latter may approve all that is solicited. Signed by Patricio Walsh.
--A note by Francisco Bermudz certifying the above copy was drawn up by the Bishop's order.

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1795 Dec. 19

Penalver y Cardenas, Luis Bishop
(New Orleans)

Having examined the above communication of the Subdelegate the Bishop orders:
1). That the pastor of the "Sagrario" of the Cathedral Church be notified in order that he may have it decorated in a fitting manner.
2). Furthermore, that the clergy are to be notified by means of a poster placed in the Sacristy in order that all be carried out as His Majesty commands and the Subdelegate may know what the Bishop orders.
3). That he will facilitate all leading to this end.
4). That yesterday's communications of Walsh is to be answered by another as is suitable in which the present decree is to be included, after the proceedings have been carried out. Signed: by the Bishop of Louisiana and witnessed by Dr. Joseph Maria de Rivas, as Secretary.
--To this is added a note by Rivas certifying that on the same day he notified Father Antonio de Sedella of the above decree.
--Another note is added by Rivas certifying that on the same day the poster, as ordered by the above decree, was placed on the doors of the Sacristy of the Cathedral Church.

IV-5-d D.S. 6pp. 4to. (Spanish)
1


1795 Dec. 21

Penalver y Cardenas, Luis, Bishop of
New Orleans

to Father Pierre Didier, O.S.B., Pastor of St. Louis
Dossier of correspondence as follows:

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1795 Sep. 3

Penalver y Cardenas, Luis Bishop
(New Orleans)

to (Father Pierre Didier, O.S.B.)
Pastor of St. Louis
The Bishop decrees:
1) That to fulfill a Royal Order and at the same time to get information about the members of the parish of the Diocese, the Pastor of St. Louis is to draw up a census of the white, brown, half-breed, and slaves, free; and another of sexes and ages according to the enclosed formula. Furthermore, the Pastor is to draw up another similar formula at the end of the census as the resume of it.
2) That the Pastor is to repeat this every year specifying the decrease or increase the population may have over that of the antecendent year.
3) That the Pastor must notify the Bishop which parishioners have not fulfilled the precept of confession and communion, how many non-Catholics are there in the parish, and, finally, about the state and needs of the parish.
4) That the pastor is to keep the present letter in his Archives and answer the Bishop. (Marked #2) Signed by the Bishop of Louisiana.

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1795 Nov. 12

Penalver y Cardenas, Luis Bishop
(New Orleans)

to Father Pedro (Pierre) Didier
(St. Louis, Illinois)
The Bishop states:
1) That he has founded suspicion that Buenaventura Collell, brother of a captain of the Regiment of Louisiana, has got married in that parish. If it is true, the pastor, Didier, is supposed to draw up a copy of its record which must be included in the book of marriages.
2) That Father Didier is to send to the Bishop the original proceedings of the matrimonial papers as well as the paternal licenses, certification of Baptism of both Buenaventura and his wife, in one word, all the procedures carried out.
3) That Father Didier has to keep this subsigilo and send all right away to the Bishop. (Marked #3). Signed by the Bishop of Louisiana.

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1795 Nov. 16

Penalver y Cardenas, Luis Bishop
(New Orleans)

to (Father Pierre Didier)
(St. Louis, Illinois)

1) The Bishop states that he was notified on Sept. 8 by order of His Majesty of the treaty of peace concluded between Spain and the French Republic.
2) So that he orders Father Didier to say a high Mass and the Te Deum to the most divine transsubstantiated Lord in action of grace. (Marked #4). Signed by the Bishop of Louisiana.

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1795 Dec. 15

Penalver y Cardenas, Luis Bishop

to Father (Pierre Didier)
(St. Louis, Illinois)

The Bishop thanks Didier for the judicious expression of his letter of Nov. 20 and assures him of his readiness to serve him. (Marked #5) Signed by the Bishop of Louisiana.

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1795 Dec. 21

Penalver y Cardenas, Luis Bishop
(New Orleans)

to Father (Pierre Didier)
(St. Louis, Illinois)

The Bishop states that he is sending instructions and regulations for Didier's guidance, that he must keep in his Archives and notify the Bishop of the receipt. (Marked #6). Signed by the Bishop of Louisiana. (Copy of regulations are filed separately because they are not certainly the copy sent to Didier).

IV-5-d D.S. 5pp. 8vo. (Spanish)
2


1795 Dec. 21

(Penalver y Cardenas), Luis, Bishop of
New Orleans, Louisiana

Schedule of fees in the Cathedral and other churches under his jurisdiction, set up by Penalver. 37 regulations concerning burials, marriages, and baptisms. No. 16 (cites) the royal order of March 10, 1794.

IV-5-d D.S. 3pp. 4to. (Spanish)


1795 Dec. 22

Penalver y Cardenas, Luis, Bishop of
Louisiana

General proceedings of the visit of the diocese of Louisiana and in particular of New Orleans....
See original entry for calendar (127 pages).
Cross references:
1. Portillo, Father Joaquin de
2. Walsh, Father Patrick
3. Quinones, Estevan de
4. Quintanilla, Father Luis de
5. Peleagonzalo, Father Firso
6. Valorio, Father Estevan de
7. Capuchins
8. Palao, Father Ramon
9. Delgado, Father Ubaldo
10. Rivas, D.D. Jose Maria de
11. Quintero, D. Isidro
12. Valoria, Father Estevan de
13. Lamare, Father Agustin
14. Aranda, D. Jaspar de
15. Liebana, Don Ambrosio
16. Ocon, D. Jose
17. Hevia, Jose De
18. Morales, D. Antonio
19. Pardo, D. Diego Berez
20. Canet, D. Francisco Ramon
21. Lamare, Father Agustin
22. Garcia, Father Manuel
23. Ibañez, D. Fernando
24. Sedella, Father Antonio de
25. Coquelin, Santiago
26. Lartigue, Pascual
27. Albrier, Estevan
28. Brichel, Mr.
29. Ursulines
30. Farjon, Sister Tereza de St. Xavier
31. Hasset, Father Tomas
32. Sedella, Father Antonio de
33. St. Augustine

IV-5-d
33


1795 Dec. 24

Arseno, Gabriel

Documents concerning the petition of Gabriel Arseno for a dispensation from the diriment impediment in the second degree, equal, of consanguinity with Catalina Leboeuf.

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1795 Dec. 23

Arseno, Gabriel

to Bishop Penalver y Cardenas
(New Orleans)

1) Gabriel Arseno from the parish of San Carlos de Alemanes notifies the Bishop that he desires to marry Catalina Leboeuf from the parish San Juan de los Alemanes, but that he could not do so because of the diriment impediment of consanguinity that exists between them. He asks the Bishop to order this information to be accepted about the following points:
2) Gabriel Arseno set forth this relationship as follows:
a.) That Gabriel Arseno is the legitimate son of Miguel Arseno and Mariana Andree.
b.) That Catalina Leboeuf, his intended wife, if the legitimate daughter of Pedro Francisco Leboeuf and Magdalena Himel.
c.) That Pedro Francisco Leboeuf, father of his intended wife, is the legitimate son of Pedro Leboeuf and Mariana Chelat.
d.) That Mariana Andree, his mother, is the legitimate daughter of Juan Andree and Mariana Chelat, from which results the impediment of consanguinity in the second degrees equal.
e.) That almost all the Acadian inhabitants of Caabanore are relatives so that it is difficult to marry strangers. Furthermore, Arseno specifies that his intended wife is poor and that if their marriage does not take place, she would with her mother be exposed to other ends.
3) That since these facts are considered sufficient, Gabriel Arseno begs the Bishop to grant them this dispensation and that the pastor of Caabanore may marry them in the usual form.
--To this is added a note dated Dec. 23, 1795 by Rivas as to the copy of the first page, certifying that the above copy was presented to him by Gabriel Arseno who could not sign.
--To this is added the decree of Bishop Penalver y Cardenas ordering that the information presented by the party be received and that the witnesses should appear and the results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Dec. 23, 1795.
--Another note is added by Rivas certifying that, on the same day, he notified Gabriel Arseno of the above decree.

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1795 Dec. 23

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1) That Gabriel Arseno appeared before him, and, under oath answered the questions asked as follows:
2) a.) That his name is Gabriel Arseno from the parish of San Carlos de los Alemanes; b.) That he is the legitimate son of Miguel Arseno and Mariana Andree; c.) That he is 22 years old, unmarried and engaged only to Catalina Leboeuf from the parish of San Juan Bantista de los Alemanes; d.) That he knows of no other impediment.
3) Finally Gabriel Arseno swears that all he said is the truth. He did not sign the document because he could not. Notorised by Rivas.
--Immediately appeared Joseph Godait, a witness presented by Gabriel Arseno, who, under oath, testified as follows: a.) That he knows Gabriel Arseno, legitimate son of Miguel Arseno and Mariana Andree. b.) That Catalina Leboeuf is the legitimate daughter of Pedro Francisco Leboeuf and Magdalena Himel. c.) That the father of Catalina is the legitimate son of Pedro Leboeuf and Mariana Chelat. d.) That the mother of Gabriel is the legitimate daughter of Juan Andree and Mariana Chelat, from which results the diriment impediment of consanguinity in the second degree, equal. e.) That almost all the Acadian inhabitants of this parish are relatives and that Catalina is orphan of father and very poor. f.) Finally, he swears to the truth of his statements and that he is 52 years old. Signed by Joseph Godait and notorised by Rivas.
--Immediately appeared Renato Arnan, another witness presented by Gabriel Arseno, from whom Rivas received sworn testimony to the truth of the same points witnessed by Joseph Godait. He swore also that he is 34 years old and signed the document. Rene Arnan, notorised by Rivas.

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1795 Dec. 23

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees:
1) That having examined these documents concerning Gabriel Arseno's petition for a dispensation to marry Catalina Leboeuf, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have.
2) Moreover, that the parties must cease living under the same roof for the present time, so they may restore with their example all they have destroyed by their scandal.
3) Moreover, in order to absolve them from their fault, that during the publication of the banns, they must pray daily on knees the three parts of the rosary for two months and attend daily the high Mass with a candle in the hand.
4) Furthermore, to this end, that a decree be sent to the pastor of Caabanore so that he may dispense them from the publication of the banns. Signed by the Bishop and witnessed by Rivas.
--To this is added a note by Rivas, on Dec. 24, 1795, certifying that he notified Gabriel Arseno of the above decree.
--To this is added a note by Rivas certifying that the decree was sent to the pastor of Caabanore, Patricio Mangan.

IV-5-d d.s. 18pp. 4to. (Spanish)
3


1795 Dec. 27

Quintanar, O.M.C. Felix de
(Galveston), Louisiana

to Bishop Penalver y Cardenas
(New Orleans)

Father Quintanar states:
1. That, as he has been ordered by Bishop's letter of April 3, 1795, he is sending him the census of the parish with the increase of the population. Moreover, that since there are some English that do not have a domicile and are moving from one place to another, he omitted them in the list, including thought, those who have not fulfilled their obligations, as well as the church's needs and its fixed revenue. Moreover, it has only two pews, one made by the last commander, and one by the present one for his family.
2. That with regard to the spiritual, Father Quintanar found it in a miserable state as regards the essential things of the salvation of souls. Since his arrival in this parish on Jan. 29, 1791, he has been teacher of school, teaching the parishioners how to read, and to write, and the Christian doctrine. Furthermore, he has asked the children to repeat to their parents what they have been taught at school, and in that way he succeeded in having these know enough to be saved. Finally, he has himself preached the doctrine every night in church.
3. That, at his own expense, he sent for first books of children, reading books, daily exercises, etc. from Havana which Father Ubaldo, who is a teacher of school there, had the kindness to send over.
4. That both the English and Spanish have a miserable custom of marrying the Negroes themselves, and whenever Father Quintanar tells them that he will marry the Negroes without charge, they laugh at him, and say that this is the usage not only in this town but in all the colony. That is why he wants to leave immediately this miserable colony for the quietness of his convent, being, however, disposed to obey Bishop's will. Signed by Felix de Quintanar.
--To this is added a note by Quintanar himself that he knows in his parish only one protestant called Juan Hulk. Moreover, that the English because they cannot confess either in Spanish or in French, do not do it even in their own language, although the Pastor of Baton Rouge did the favor to Quintanar of confessing some of them.
--To this is added the census of the parochial church of Saint Bernard of Galvestown corresponding to the year 1795. I Men: a) White men from 1 year to 15--21; from 15 on--37. b) Free half-breeds from 1 year of age to 15--3; from 15 on--37. c) Slaves from 1 year to 15--8; from 15 on--8. d) Total of men--79. II Women: a) White women from 1 year to 15--40; from 15 on--37. b) Free half-breeds from 1 to 15; from 15 on--3; from 15 on--6. Total of women, 90. III Total of souls, 169. IV Father Quintanar specifies: a) That there is an increase of two parishioners over the preceding year. b) That the following failed to fulfill the annual precept: Jose Bacil Maltez and his wife Isabel, a German; Pedro Arruet and his son Luis; Francisco Joseph(?) Pauly and a Negro woman. c) That the annual revenue of this church is 50 "pesos" granted by the King. d) That it needs a pulpit, lamp, cross, candlesticks, capes for the choir, front ornament for the altar, chalice, Missal, cruets, and a ritual. e) That the church is threatened with ruin if it is not rebuilt. f) That the chalice, Missal, cruets, and ritual used by this church belong to the regiment of infantry of Louisiana.
--That this was drawn up in the Parochial church of Galvestown on Dec. 28, 1795. Signed by Felix de Quintanar, Capuchin.

IV-5-d A.L.S. 3pp. 8vo. 1p.-4to. (Spanish)
2


1795 Dec. 29

(Besancon, O.M.C.) Father Sebastien Flavian

Census of the parish of St. Charles, first coast of les Allemands for the year 1795, drawn up by Father Sebastien flavian (de Besancon), a French Capuchin: I Men; a) White men from 1 year of age to 15-143; from 15 on--327. b) Free Half-breed from 1 to 15--18; from 15 on--24. c) Slaves from 1 to 15--163; from 15 on--905. d) Total 1580. II Women: a) White women from 1 to 15--143; from 15 on--62. b) Free Half-breed women from 1 to 15--14; from 15 on--24. c) Slaves from 1 to 15--132; from 15 on 277. d) Total--652. III Total of souls--2232. IV Baptisms and deaths of parishioners: a) In the year 1794, 27 Baptisms and 7 deaths. b) In the year 1794, there were 72 baptisms of colored people and 44 deaths. c) In 1795, 78 baptisms and 33 deaths. V a) That of all the souls over 15 years, only 8 have not fulfilled their obligations with the Church. b) All the parishioners are Catholic. c) The Church does not have other revenues but those of the pews that are fixed. In the present year, they have been rented for 80 "pesos." VI Concerning the temporal and spiritual welfare of the Church. The Church is altogether abandoned and the parishioners are ignorant. Nearly two-thirds of the population lives on the other side of the river and on the holy days they cannot come over to fulfill their religious duties because they do not have pirogues to cross the river. Accordingly, Father Flavien asks that the Church may be moved where the greater part of the population live because so there would be at Mass more than 100 parishioners who would be taught the necessary religious instruction. Moreover, Father Flavien spends the greater part of time on this side of the river with his chief sacristan. VII The Church needs: a) A silver or silvered cross. b) A violet chasuble with stole, maniple, and cloth (pano). c) Another complete green chasuble. d) A colored cope for the benedictions. e) A veil for marriages and nuptial benedictions. f) A canopy for the processions. g) A sacristy. h) A singer. i) A holy water basin for the entrance. Signed by Father Flavian. (Apparently included with the census is the following).

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1795 Dec. (?)

Besancon, (O.M.C.) Father Sebastien Flavien de
(Louisiana)

to Bishop Penalver y Cardenas
(New Orleans)
?? sending the list asked by the latter and hopes he has not omitted anything. Abuses that exist in the parish of St. Charles:
a) The practice of baptizing children, with the short form, without consulting whether there is necessity and the other practice of not bringing them to baptism until too late.
b) The practice of presenting bread in the high Mass to be consecrated has been discontinued for a long time.
c) The parishioners do not confess when getting married until the eve or on the day of the marriage which might cause great difficulties.
d) The inhabitants exact that the adult negroes be baptized without being instructed.
e) The inhabitants make the negroes work on Sunday and even on the most solemn festivals.
f) The inhabitants send their slaves to be buried without notifying the pastor.
g) They send them also to baptism without specifying the sex, the age, the name of the mother, whence result many blanks in the registers.
h) When a sick parishioner has to send for the Pastor to receive the spiritual nourishment, a slave performs the task without any notification from his master, whence many difficulties may result.
i) The inhabitants of this side almost never attend Mass. In one word, irreligion is practiced in this parish. Signed by Father Flavian.

IV-5-d A.L.S. 1p. 4to. 2pp. 8vo. (Spanish)
2


1795 Dec. 30

Fossier, Alfonso

Documents concerning the petition of Alfonso Fossier for a dispensation from the diriment impediment in the second degree, equal, of consanguinity with Adelaide Risener.

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1795 ?? ?

Fossier, Alfonso

to Bishop Penalver y Cardenas
(New Orleans)

1) Alfonso Fossier, a native son of New Orleans and an inhabitant of Chapitulas, three leagues from this capital, up the river, notifies the Bishop that he desires to marry Adelaide Risener from the same Chapitulas, but that he cannot do so because of the diriment impediment between them. He asks the Bishop to order this information to be accepted about the following points.:
2) Alfonso Fossier set forth this relationship as follows:
a.) That he is a native of New Orleans and legitimate son of Juan Joseph Fossier and Mariana Risener.
b.) That Adelaide Risener, his intended wife, is a native of this capital and the legitimate daughter of Jorge Risener and Margarita Ambroise.
c.) That his mother, Mariana Risener, and Jorge Risener, father of his intended wife, are the legitimate children of Jorge Risener and Genoveva Circio, from which results the impediment of consanguinity in the second degree, equal.
d.) That she has been living for three years in the house of his parents, from which resulted the public rumor that she is pregnant.
e.) Moreover, that when her mother went crazy, Alfonso's father received her, giving her things necessary to live on, since she is very poor.
f.) Since these facts are considered sufficient, Alfonso Fossier begs the Bishop to grant them this dispensation so that the pastor of this parish may marry them in the usual form. Signed by Alfonso Fossier.
--To this is added a decree by Bishop Penalver ordering that the information presented by the party be received and that the witnesses should appear and the results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Oct. 21, 1795.
--To this is added a note by Rivas certifying that on Oct. 27, 1795 he notified Alfonso Fossier of the above decree.

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1795 Oct. ?

Rivas, Joseph Maria de, Secretary
(New Orleans)
Rivas certifies:
1) That Alfonso Fossier appeared before him and, under oath, answered the questions asked as follows:
2) a.) That his name is Alfonso Fossier from New Orleans and inhabitant of Chapitulas, legitimate son of Juan Jose Fossier and Mariana Risener.
b.) That he is twenty-one years old, unmarried and engaged only to Adelaide Risener.
c.) That he knows of no other impediment and that all he said is the truth. Signed by Rivas
--Immediately appeared Pierre Santamand, a witness presented by Alfonso Fossier, who, under oath, testified as follows:
a.) That he knows Alfonso Fossier, the legitimate son of Juan Jose Fossier and Mariana Risener.
b.) That Adelaide Risener, a native of les Allemands and baptized in this capital, is the legitimate daughter of Jorge Risener and Margarita Ambroise.
c.) That Mariana Risener, mother of Alfonso, and Jorge Risener, father of Adelaide, are the legitimate children of Jorge Risener and Genoveva Circio, from which results the diriment impediment of consanguinity in the second degree, equal.
d.) That it is true that Adelaide Risener was very often and for long periods at the house of Alfonso's parents, but that he does not know whether Alfonso and Adelaide have had intimate relations.
e.) Finally he swears to the truth of his statements and that he is 38 years old. Signed by Pierre Santamand and notarized by Rivas.
--Immediately appeared Andres Cabalier, another witness, presented by Alfonso Fossier, from whom Rivas received sworn testimony to the truth of the same points witness by Pierre Santamand. He swore also that he is 27 years old and did not sign because he could not. This is notarized by Rivas.
--To this is added a decree by Bishop Penalver: the dispensation shall not be granted because the witnesses do not confirm all the points put forth by Alfonso Fossier. He may proceed using his rights as it is suitable. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Oct. 29, 1795,
--To this is added a note by Rivas certifying that on Nov. 3, 1795 he notified Alfonso Fossier of the above decree.

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1795 ?? ?

Fossier, Alfonso

to Bishop Penalver y Cardenas
(New Orleans)
Fossier states:
1) That as his petition was denied, he asks the Bishop to accept sworn testimony from Juan Luis Carlos and Andres Benoit.
2) That they know that Adelaide has been pregnant for three months both by symptoms and by her confidential statements. Signed by Alfonso Fossier.
--To this is added a decree by Bishop Penalver ordering that the testimonies he received and the results brought in. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Dec. 7, 1795.
--Another note added by Rivas certifying that on the same day he notified Alfonso Fossier of the above decree.

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1795 Dec. 7

Rivas, Joseph Maria
(New Orleans)
Rivas certifies:
1) That Juan Luis Cavalier, a witness presented by Alfonso Fossier, appeared before him and, under oath, answered the question asked as follows:
2) a. That he is a confident friend in the house of Fossier where lives Adelaide Risener.
b. That she assured him she was pregnant for three months, and asked him not to comment on that or to make it public.
c. That the pregnancy became manifest to him because of some symptoms she suffered, and that are the signs of it.
d. Finally, that this is the truth and that he is 26 years old. He could not sign. This is notarized by Rivas.
--Immediately appeared Andres Benoit, another witness presented by Alfonso Fossier, from whom Rivas received sworn testimony to the truth of the same points witnessed by Juan Luis Cavalier. He swore also that he is 27 years old. He could not sign. Notarized by Rivas.
--To this is added a decree by Bishop Cardenas that with the new testimonies Alfonso Fossier has not presented sufficient causes for the dispensation asked so that it is denied again. Furthermore, if he continues in his incestuous relationship with Adelaide Risener proceedings will be carried out against him. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Dec. 9, 1795.
--Another note by Rivas certifying that he notified on the same day Alfonso Fossier of the above decree.

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1795 Dec. 9

Fossier, Alfonso

to Bishop Penalver y Cardenas
(New Orleans)

1) Fossier asks the Bishop to be so kind as to order the pastor of the Second Coast of les Allemands, Mariano Brunete to marry him and Adelaide Risener in the usual form, after the bans of marriage have been published in this Cathedral church of which they are parishioners.
2) Fossier states that the reason why he asks so is that the grandmother of his intended wife lives in the said Coast, and owing to her old age, she cannot come down to this Capital, since adelaide's mother is unable to come to the weddings because of her madness. Signed by Alfonso Fossier.
--To this is added a decree by Bishop Penalver y Cardenas ordering as it was provided above in this audience. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Dec. 9, 1795.
--Another note by Rivas certifying that, on the same day, he notified Alfonso Fossier of the above decree.

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1795 Dec. ?

Fossier, Alfonso

to Bishop Penalver y Cardenas
(New Orleans)

1) That since his petition for a dispensation has been denied, he asks the Bishop to receive sworn testimony concerning that his father, Juan Jose Fossier, gave about 26 years ago to the Fabrica of his church, for its rebuilding 10,000 of Fajamanies (?) gratis. Furthermore, his father gave gratis to the hospital of charity of the same town a Negro named Alejandro.
2) If this information is sufficient, he asks, once more, the grace of the dispensation. Signed by Alfonso Fossier.
--To this is added a decree by Bishop Penalver that what the petitioner puts forth is not a sufficient cause for the dispensation, and as some points of his first petition have not been completed, the witnesses should appear to testify. Signed by the Bishop.
--To this is added a note by Rivas certifying that the above decree was issued and signed by Bishop Penalver on Dec. 15, 1795.
--Another note by Rivas certifying that, on the same day, he notified Alfonso Fossier of the above decree.

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1795 Dec. 18

Rivas, Joseph Maria
(New Orleans)
Rivas certifies:
1) That Andres Cavalier appeared before the Bishop Penalver and, under oath, answered the questions asked as follows:
2) a.) That he knows Adelaide Risener and that her parents are living. Her mother, however, is demented.
b.) That Adelaide is living now with her uncle Juan Jose Fossier.
c.) That Juan Jose Fossier and his son Alfonso Fossier live on their personal work, and likewise Jorge Risener.
d.) Finally that this is the truth and that he is 27 years old. He could not sign. Signed by the Bishop and notarized by rivas.
--Immediately appeared Juan Carlos Keri before the Bishop and, under oath, answered the questions asked as follows:
a.) That he knows both Adelaide and her parents.
b.) That she is living with her uncle Juan Jose Fossier and that her parent is a husbandsman, and her mother demented and taken care of by her brother-in-law, Juan Jose.
c.) That Juan Jose has five children and that the declarer knows five or six slaves of his.
d.) That Jorge Risener is not rich and is greatly in debts. Furthermore, he was obliged to put his demented wife and daughter under the charge of her uncle because he had to go out in the field to work leaving them exposed.
e.) That this is the truth and that he is 35 years old. He could not sign. Signed by the Bishop and notarized by Rivas.

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1795 Dec. 30

Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees:
1) That having examined these documents concerning Alfonso Fossier's petition for a dispensation to marry Adelaide Risener, he dispenses them from the impediment of consanguinity and considers as legitimate any children they may have.
2) Moreover, that the parties must cease living under the same roof for one month, so that they may restore with their example all they have destroyed by their scandal.
3) That both Alfonso and Adelaide have to take 15 bulas de difuntos and that, during the publication of the banns, they must pray daily on knees the three parts of the rosary.
4) That after the publication of the banns in this Cathedral Church, a decree is to be sent to the pastor of the Second Coast of les Allemands, so that he may marry them in the usual form. Signed by the Bishop of Louisiana and witnessed by Rivas.
--To this is added a note by Rivas that, on the same day, he notified Alfonso Fossier of the above decree.
--To this is added a note by Rivas that the pastor of the Cathedral church was notified of the above decree.
--To this another note is added by Rivas certifying that notification was sent to the pastor of San Carlos in les Allemands.

IV-5-d D.S. 19pp. 4to. (Spanish)
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1795 Dec. 30

(Penalver y Cardenas, Luis) Bishop of
New Orleans, Louisiana

Being obliged to appoint someone to collect the fees of the Cathedral, he names Father Ramon Ignacio Palao. Palao is to give an accounting every four months beginning with January of the coming year. He is to inform Father Luis Quintanilla, (O.M.Cap.), at present charged with this same duty.

IV-5-d D.S. 1p. 4to. (Spanish)
2