Agency, Protection, and Punishment: Separating Women’s Experiences of Deposit in Early to Mid-Colonial New Spain, 1530–1680

Abstract

In the diverse multiethnic setting of colonial New Spain, women faced challenges in separating themselves from marriages they considered unendurable. The Catholic Church, which exercised hegemony over definitions of marriage in the colony, controlled access to permanent, formal separation or “ecclesiastical divorce”, while secular courts offered shorter-term separations generally aimed at reunifying couples. Outside of these options, flight, concealment, and bigamy, or “self-divorce,” offered the only recourse for women seeking to leave an untenable relationship. While it is well known that few women sought (and even fewer were granted) ecclesiastical divorce, it is clear that many women sought separation through formal and informal means. Using ecclesiastical petitions for divorce, this paper investigates the experience of deposit (depósito) for New Spain’s separated women. Deposit was likely a primary goal of women’s divorce petitions. Moreover, the hegemony of marriage was less complete in reality than in ideology; the number of single women in the colony is now known to be vast, and their networks substantial. Building on Bird’s and Megged’s insights on separation and singleness, this paper argues that studying deposit reveals a custom that offered women of all classes a substantial degree of respite and agency in separation, particularly in the early colony, when institutional options were less formalized. Sometimes, depósito permitted lengthy separations that blurred into permanency, while at other times it served as a crucial safety valve. Nonetheless, the practice was a contested terrain on which husbands also sought to exercise power and control. Deposit, therefore, was a highly ambivalent form of “separation” in Latin America. This was undoubtedly true both in the early-colonial period and thereafter, but as colonial society matured and institutional deposit became more possible and common, men’s power was enhanced. Studying the practice before the late seventeenth century therefore reveals some of the ways that early colonial societal flux authorized female agency.