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.

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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.

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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)
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