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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.
--------
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.
--------
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.
--------
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.
--------
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.
--------
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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