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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)
2


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


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