On November 25, 1769, General Alejandro O'Reilly, the second Spanish Governor of Louisiana, issued a proclamation setting forth the laws for the government of the province (1). These laws constituted an abstract of the multitudinous laws in effect at that time in Spain and the Indies, but they were principally drawn from the following codes: the Fuero Real, the Fuero Juzgo, the Siete Partidas, the Nueva Recopilaci6n de Castilla, and the Recopilacidn de las Indias (2). Article 6, Section 5 of O'Reilly's ordinance stipulated: La muger casada que adultere y el adiltero sean entregados al marido para que haga de ellos lo que quiera, con tal que no pueda matar al uno sin matar al otro (3). This harsh law was taken from Book 8, Section 20, Law 1 of the Nueva Recopilacidn de Castilla (4), which first appeared in 1567 (5), and, which, despite its rather early date, continued to be one of the principal codes for legislative law in Spain as late as 1803 (6). Does the inclusion of this law in O'Reilly's ordinance signify that it was being literally observed in Spain in the 1760's? Before seeking to answer this question, it might be well to review briefly social practices in the sixteenth and seventeenth centuries relating to conjugal honor and the vengeance accorded and taken by wronged husbands. Despite the legal codification of conjugal honor that we have seen in the Nueva Recopilacid6n de Castilla, debate continues to be waged as to how much of the concept of honor was pure convention and how much was actually put into practice by the people of the time.
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