This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.
Nicole von Germeten
Female occupational and economic choices help clarify understandings of colonial historic agency, especially in the lives of Mexican women who made their income as alcahuetas or “bawds.” These women hosted and managed other women in the marketing and selling of sex acts in the Viceroyalty of New Spain. Viceregal bawds manipulated both the sex lives of their clients and the paternalism of crown justice in hopes of exoneration in court. They walked a precarious legal tightrope, negotiating the fluctuating margins of legal procuring and the transition to more stringent laws against sex for sale. The examples presented here, drawn from contemporary archival documents, show that these women’s lives span most of New Spain’s history, ranging from 1570 to the independence era in the early 19th century. In the 16th century, bawdry resembled the clandestine personal mediation that was common and familiar in medieval and early modern Spain. Bawds working in the 1st century of Spanish rule in Mexico carefully defended their social respectability to contradict evidence that they solicited for clients in the street. Reputable hospitality featured prominently in the early 17th-century procuring, while indigenous-influenced sorcery and love magic dominated the understanding of 17th- and early 18th-century alcahuetas. Lastly, in the 19th century, profitable market exchange characterized professional brothel operations, granting bawds honorable status within their economic and occupational community. Bawds recorded in the archives demonstrate communication skills, entrepreneurialism, and a concern for reputation through all of these eras. These intelligent female survivors offer compelling representations of viceregal women who exercised their personal agency to forge their own economic prosperity.