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Source: NM Prenuptial Investigations
from the Archivos Historicos del Arzobispado de
Durango. Rick Hendricks, Ed. & J.B. Colligan,
Compiler. (1996) pp. 1-5. Rio Grande Historical
Collections. NM State University Library.
Impediments of consanguinity, by canon law, included
direct blood relationships to the 4th degree
inclusive.
Direct line = series of individuals descending one
from the other, (such as father & daughter or
grandmother & grandson).
Also prohibited were relationships on a transverse
or collateral line to the 4th degree inclusive.
Transverse line = when the blood relatives have a
common ancestor(s) but do not descend one from the
other, (such as brother & sister, aunt and nephew,
or two 3rd cousins).
This line is referred to as equal or unequal
depending on how the individuals relate equally or
unequally to the common ancestor(s).
Canon law counts a single series of generations for
a marriage. Thus siblings are related in 1st degree
and first cousins in the second.
Whereas, civil law calculates one degree for one
generation, so between two siblings there are two
degrees and between first cousins there are four
degrees. Similar prohibitions pertained to
relationships of affinity in the same
degrees.
Copula illicita was a related
impediment to a marriage and referred to carnal
intercourse, outside of or within a marriage,
between individuals related in a prohibited degree.
Copula licita distinguished sexual relations that
were permitted from those that were not.
Dispensations were granted to permit unions between
close relatives by reason of …
angusti loci = the concept of a reduced population
spread over small, remote communities with few
potential marriage partners.
Before the 19th century ecclesiastical authorities
always granted the required dispensation for
petitions received from New Mexico.
Historical notes:
Mexico achieved its independence in 1821.
In 1822, Rafael Acosta referred to himself as an
espanol mexicanao, the fist individual to refer to
himself as a Mexican in the Hendricks & Colligan
diligencias.
Three years later, Guadalupe Mora stated he was a
citizen of the Estados Unidos Mexicanos.
It was far more common for individuals to identify
themselves as espanoles or Spaniards. Eulalia Lopez
was the last to do so in 1881 even though she had
been born years after Spain lost the territory that
became Mexico. In 1824 & 1825, prenuptial
investigations for six Frenchmen took place in
Taos.
The investigation for on Anglo-American who married
a local girl in 1836 is among the records.
There are no records in Durango for New Mexico
marriages after September 1846.
©2005
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