“Iglesia me llamo” (“church is my name”) was the only phrase uttered over and over by numerous criminals during judicial interrogations that took place at various times throughout the Iberian kingdoms that ultimately became Spain, and their American colonies. This expression meant that even after committing heinous crimes, those outlaws received shelter at local churches and thereby felt entitled not to disclose any information to justice officials about their conduct. Such criminals were confident that it would not be easy to remove them from the church for punishment. Indeed, groups of wrongdoers turned churchyards, churches, their cloisters, and their adjoining cemeteries into permanent residences. They were alleged to move freely in and out of church buildings under cover of night and to bring friends, lovers, and liquor in for enjoyment. Their presence terrorized neighbors and passersby, and inconvenienced priests and parishioners alike.

This article examines numerous spousal homicides occurring all over New Spain (colonial Mexico) during the last seven decades of the colonial period. After killing their spouses, sometimes in an extremely brutal manner, a considerable number of the defendants managed to get away with little more than a slap on the wrist. I argue here that this was not due to the fact that written laws were dead letters. After examining general patterns of spousal homicides, I focus on the legal treatment and punishment afforded to indigenous criminals, several of who were drunk at the time of their crimes. Being an ‘Indian’ or committing a crime while drunk – both characteristics of many defendants in the records – were treated as a mitigating circumstance under law and led to the acquittal of several of the accused. Royal graces, an important legal mechanism, also played a significant role in easing the severity of the treatment of these and other domestic criminals. The judicial treatment of spousal murders thus did not reflect a considerable gap between law and practice at the time. Punishment derived from a complex combination of socio-cultural factors and longstanding legal prescriptions, doctrines and traditions.

The late colonial period was generally an era of anxiety for royal officials in Spanish America and its neighboring areas. To the turmoil caused by massive rebellions, especially in the early 1780s, was added the volatile political atmosphere resulting from the French Revolution. Several “seditious” incidents occurred subsequently throughout the colonial landscape. Both the popular rebellions prior to and the plots following the French Revolution were compounded by an increasing “public” awareness and discussion of politics and modern ideas.