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Spanish Law 1770 in Mexico

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By Eduardo Nissen ... - Posted on 30 April 2020

Spanish Law or Custom 1770
What was the Spanish law or custom about 1770 in Durango, Durango surrounding this event? Pablo Lucio Padilla married Maria Gertrudis Godoy. He was a free mulato, she a mulata slave belonging to someone else. Did Pablo have to buy her? Did she remain the slave of the 3rd party? In giving consent for the marriage would her freedom also have been included without comment in the church record? Would their children be free?, or slaves of the 3rd party owner?
Thanks. Ed Nissen Padilla

Hola Ed,

Laws regarding slavery in New Spain were similar to laws in the US. First of all, Pablo Lucio would have to receive permission from Gertrudis’ owner to marry her. After their marriage, unless Pablo bought her freedom, or if her owner liberated her, she remained a slave. Any children that she gave birth to, while still a slave, would be born slaves and would remain the property of the owner, until they decided to sell or liberate them.

On the other hand, if a male slave married a free woman, he still had to receive permission from his owner, but their children would be born free.

Any records regarding the sale or liberation of slaves would be found in the protocolos notariales, rather than the church records. I don't know where the protocolos for Durango can be found - I have seen some in the Guadalajara protocolos, but they were very few.

I hope that helps!
Manny Díez Hermosillo

Thanks, Manny, it rather confirms what I was thinking. Durango is missing many records, so I may not find what I need to look for, but I'll try. Again, gracias. Eduardo Maria Nissen Padilla.

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