Chapter I: Preface (1)

This volume, dated 1624, is entirely devoted to religious matters, ecclesiastical or missionary in their scope. The current documents for that year are concerned with conflicts between the diocesan authorities and the religious orders, and between the civil and religious authorities in Manila; the defeat by the Audiencia of the late Governor Fajardo's attempt to found a seminary for the training of Japanese missionaries to be sent to labor in their own country; and efforts by the Spanish government to check the assumptions of the religious orders. Then follows a historical account of the early Recollect missions in the islands, down to the year 1624, compiled from the works of Andrés San Nicolas, Luis de Jesús, and Juan de la Concepción.

A document entitled "Ecclesiastical affairs in the Philippines" contains letters, decrees, etc., bearing on this subject, dated from 1574 to 1624. Instructions to Gomez Perez Dasmariñas (1574) jealously restrict to the crown or its officials all exercise of the royal patronage; and give minute details of the course to be pursued by the governor and the provincials of the religious orders in matters where that right is involved. This is followed by various official documents issued in the controversy between Archbishop Serrano and the religious orders (1622-24) regarding the right claimed for archbishop and bishops to exercise the same jurisdiction and authority over the religious of the orders, when charged with the care of souls, as over the secular clergy. Serrano fortifies his position by various royal decrees and papal bulls. These documents show that much laxity has prevailed in selecting missionaries for the Indians, some of these teachers not even knowing the language of the natives to whom they minister; also that the friars claim even greater authority over their parishioners than that exercised by the archbishop and bishops in whose dioceses their missions are located. On June 20, 1622, the archbishop begins his official visit in the parish of Dilao (near Manila); and his edict announcing this calls upon the people of the parish to bring to him any complaints or information that they may have regarding any fault, illegal act, or neglect of duty in their cura or parish priest. Fray Alonso de Valdemoro was then in charge of the Dilao mission; refusing to obey the archbishop's commands, he is excommunicated by the latter, and sentenced to imprisonment in a monastery. But the Audiencia refuse to support the archbishop, who accordingly writes a letter to the king complaining of the resistance made by the friars. Felipe IV, in a decree dated August 14, 1622, orders that the missions in the Philippines shall be subject to the provisions of another decree (issued June 22 of the same year) promulgated for the missions in Nueva España. This provides that the same procedure be followed therein as in the missions of Peru; that the missions remain in charge of the orders, but that hereafter the religious be not placed in charge of missions; that they shall be subject to the archbishop in matters pertaining to the churches and the care of souls, but that anything relating to the personal character of such priest shall be privately referred to his superior in the order, who shall try and correct him.

An unsigned and undated document (1624?) gives an interesting account of a conflict between the civil and religious authorities in Manila over the question of a criminal's right to asylum in a church. It is decided, at least for the time, in favor of the ecclesiastical authorities.

At the death of Governor Fajardo (July 11, 1624) the Audiencia take charge of the government. One of their first measures is to revoke the grant made not long before by Fajardo of certain monopolies to a seminary founded by him for educating Christian Japanese to go as ordained missionaries to their own country. The members of the Audiencia claim that this was an ill-timed act, in view of the persecution of Christians in Japan, and the edicts of its ruler expelling Spaniards from his realm, and forbidding his subjects to trade with them. Moreover, the seminary building is being erected in a place selected in violation of a royal decree, and which has been arbitrarily seized from its owners; and the monopolies granted are a grievance and injury to many persons, especially to the Indians who reside near Manila. The Audiencia accordingly revoke these, and order that the seminary building be demolished; and they issue a royal decree in accordance with this decision.

In a letter dated August 15, 1624, Archbishop Serrano advises the king either to give more power and authority to the Audiencia, or to suppress it. In the latter part of the same year the king issues some decrees affecting the religious in the islands. The first (dated August 30) cites earlier decrees regulating the privileges and jurisdiction of the religious, and orders that these be strictly observed. In a letter to the archbishop of Manila (dated October 8), Felipe gives some directions regarding the religious orders. A letter (dated November 27) to the Dominican provincial enumerates various abuses practiced toward the Indians by the friars of that order, and directs him to see that these be corrected.

An interesting chapter of ecclesiastical history is provided in the accounts of the early Recollect missions in the islands. These are selected from the printed works here named: _Historia general de los religiosos descalzos del orden de San Avgvstin_, by Andrés de San Nicolas (Madrid, 1664), and the second part of the same work, by Luis de Jesús (Madrid, 1681); and _Historia general de Philipinas_, by Juan de la Concepción (Manila, 1788). From all these books we select, as has been already announced, only such portions as closely concern our subject, and such as contain information of special value, or which is otherwise not accessible.

From San Nicolas's work we take his account of the foundation of the Recollect missions in the islands. This is begun in May, 1605, by Fray Joan de San Jerónimo, who sets out with thirteen other religious; they arrive at Cebú on May 10, 1606, one of the missionaries having died on the voyage. After a brief description of Luzón and Manila, the writer recounts the entrance of the Recollects into that city, their hospitable reception from all, and their establishment in a house of their own outside the walls. After some of the fathers have learned the Tagál language, they begin their missionary labors at Mariveles, not far from Manila, whose native inhabitants are unusually brutal and ferocious. A brief outline of the customs and beliefs of these people is presented, which, although slight, is valuable as being another original source of ethnological information about the Filipino peoples--the early Recollect missionaries, like Chirino and his co-laborers, having gone among wild Indians who had had little acquaintance with the Spaniards; and their observations are therefore of natural and primitive conditions among the natives.

The missionaries first sent to Mariveles soon die from hardship, privation, and penances; but others at once volunteer to take their places. Rodrigo de San Miguel is the first of these to go; and he, with others, accomplishes a wonderful work among the fierce Zambales. Details of the labors of each, and of marvelous escapes from death, are related. At Masinglo a convent is founded by Andrés del Espiritu Santo, which becomes a center of missionary work for a large district. The missionaries are kept under strict rule and discipline, that their self-abnegation and frugal mode of life may emphasize their preaching; and regulations are laid down for their missionary work and their relations with the Indians. The main residence of the Recollects is, after some years, removed within the walls of Manila; and a handsome building is erected for it, and endowed, by a pious citizen. Some notable images in its church are described.

Attempts being made, in both Rome and Spain, to suppress the new order of Augustinian Recollects, various testimonies to the value of their work, and to their piety and zeal, are furnished by various officials, both civil and ecclesiastical; and in connection with these is a statement of the scope and character of the occupations and services of the Recollects, in both peace and war. Convents are founded by these missionaries at Bolinao and Cigayan. At the latter place, one of the fathers is slain by an Indian, and the church is burned by the revolting natives; but the indefatigable missionaries return to the unpromising field, again subdue the wild Indians, and restore what these had destroyed. Another residence is established at Cavite, which accomplishes great good among the seamen who live there.

The history of the discalced Augustinians is continued by Luis de Jesús. In 1621 the reformed branch of the Augustinians is erected into a congregation independent of the original order. In that year a convent of the discalced is founded in Cebú, and, through the generosity of their benefactor Ribera, another at Calumpan, outside the walls of Manila; the latter serves as a quiet retreat for the fathers, to the benefit of both their physical and spiritual health, and under its care is placed the village of Sampaloc. In it is kept a miraculous image of the Virgin. In 1622 the Recollects begin to evangelize Mindanao, of which island there is a brief description, with more detailed ones of certain curious birds and animals found there, and of the customs and beliefs of the natives. Their government is simply the tyranny of the strong over the weak, a condition of oppression and cruelty and wretchedness. Slavery, formerly a common practice among them, has been broken up where the missionaries have introduced the Christian religion. In 1609 the natives of Caraga are subdued by the Spaniards, as also in 1613 a revolt by them is quelled; and finally (1622) the Recollects carry the gospel among them. The missionaries do much to subdue these fierce savages, and make many converts--notable among whom is a powerful chief named Inuc, whose example is followed by many. A flourishing mission has also been established on the river of Butúan, where had formerly been a Christian mission, now abandoned. Detailed accounts are given of the labors and dangers which the fathers undergo, and of certain conversions. Our historian does the same for the missions in Calamianes and Cuyo. It may be noted that the Recollect missionaries vigorously pursued the same policy as that of the Jesuits in forming "reductions" or mission villages of their converts. Various miraculous events in the experience of the missionaries are related, especially the exorcism of certain demons who attempted to drive the Spanish soldiers out of the country. Another mission is opened on the Cagayan River in Misamis, northern Mindanao; the fathers meet great trials and hardships, but finally succeed in converting the leading headman on the river, with many of his followers. They are greatly aided in this by the successful revolt of these Indians against the Mahometan chief Corralat, in which they ask and receive the assistance of the Spanish troops stationed at Tandag. From the records of the provincial chapter held at Manila in 1650 is compiled a list of the Recollect convents in Mindanao and Calamianes, with the number of families attached to each. The writer goes on to relate some of the trials, hardships, and dangers experienced by the Recollect missionaries in their work, several being martyrs to their zeal. In 1624 is held the first chapter meeting of the new Recollect province of Filipinas; Fray Onofre de la Madre de Dios is chosen provincial, and certain regulations for the conduct of the religious of the order there are adopted.

With these earlier narratives may be compared that of Juan de la Concepción, in his _Historia_ (vols. iv and v), which contains some matter additional to the others, although his account is largely drawn from these. The Recollects, like the Jesuits, form "reductions" of their scattered converts, in order to carry on their instruction more advantageously. The difficulties between the observantine and reformed branches of the Augustinian order are recounted with some fulness. A singular epidemic of demoniacal obsession at Cavite is dispelled by the religious services held at the new Recollect church there. At the request of the bishop of Cebú, the discalced Augustinians extend their work--a reënforcement of missionaries having arrived from Spain--to the Visayan Islands and to Mindanao (1622); some account of their successes in the latter region is given. They also push forward into the Calamianes Islands and Paragua (1622). Of these islands the writer presents an interesting account, describing their principal products and natural resources, as well as the character and religious beliefs of the natives. Among these people, unusually brutal and fierce, go the undaunted Recollects, and soon establish flourishing missions, collecting the people in "reductions." Then they send to Manila a request that Spanish soldiers come and take possession of Paragua, which is done. The missions spread farther, and a large part of the island is subdued to the Christian faith and the crown of Spain.

_The Editors_

October, 1904.

DOCUMENTS OF 1624

Ecclesiastical affairs of the Philippines. Miguel Garcia Serrano,
and others; 1574-1624.
Conflict between civil and religious authorities in
Manila. [Unsigned and undated; 1624?]
Seminary for Japanese missionaries. Alvaro de Messa y Lugo,
and others; July 23-August 5.
Extract from letter to Felipe IV. Miguel Garcia Serrano; August 15.
Royal orders regarding the religious. Felipe IV; August-December.

_Sources_: The first of these documents is obtained from Pastells's edition of Celin's _Labor evangélica_, iii, pp. 674-697; the second, from the Ventura del Arco MSS. (Ayer library), i, pp. 515-523; the others, from the Archivo general de Indias, Sevilla--save the second of the "Royal orders," from the "Cedulario Indico" of the Archivo Historico Nacional, Madrid.

_Translations_: The third document is translated by Robert W. Haight; the second part of the fifth, by Arthur B. Myrick, of Harvard University; the remainder, by James A. Robertson.

ECCLESIASTICAL AFFAIRS OF THE PHILIPPINES

_Royal Instructions to Gomez Perez Dasmariñas Regarding Ecclesiastical Affairs_

The King. To Gomez Perez Dasmariñas, my governor and captain-general of the Philipinas Islands, or the person or persons in charge of their government: I ordered a decree of various articles to be given to my viceroy of Nueva España, in regard to what was to be done and observed in that country for the preservation of my patronage, as is contained at length in the said decree, whose tenor is as follows:

"The King. To our viceroy of Nueva España, or the person or persons who shall, for the time being, be exercising the government of that country: As you know, the right of the ecclesiastical patronage belongs to us throughout the realm of the Yndias--both because of having discovered and acquired that new world, and erected there and endowed the churches and monasteries at our own cost, or at the cost of our ancestors, the Catholic Sovereigns; and because it was conceded to us by bulls of the most holy pontiffs, conceded of their own accord. For its conservation, and that of the right that we have to it, we order and command that the said right of patronage be always preserved for us and our royal crown, singly and _in solidum_, throughout all the realm of the Yndias, without any derogation therefrom, either in whole or in part; and that we shall not concede the right of patronage by any favor or reward that we or the kings our successors may confer.

"Further, no person or persons, or ecclesiastical or secular communities, or church or monastery, shall be able to exercise the right of patronage by custom privilege, or any other title, unless it be the person who shall exercise it in our name, and with our authority and power; and no person, whether secular or ecclesiastical, and no order, convent, or religious community, of whatever state, condition, rank, and preeminence he or they may be, shall for any occasion and cause whatever, judicially or extra-judicially, dare to meddle in any matter touching my royal patronage, to injure us in it--to appoint to any church, benefice, or ecclesiastical office, or to be accepted if he shall have been appointed--in all the realm of the Indias, without our presentation, or that of the person to whom we commit it by law or by letters-patent. He who shall do the contrary, if he be a secular person, shall incur the loss of the concessions that shall have been made to him by us in all the realm of the Indias, shall be unable to hold and obtain others, and shall be exiled perpetually from all our kingdoms and seigniories; and if he shall be an ecclesiastical person, he shall be considered as a foreigner, and exiled from all our kingdoms, and shall not be able to hold or obtain any benefice or ecclesiastical office, and shall incur the other penalties established against such by laws of these my kingdoms. And our viceroys, audiencias, and royal justices shall proceed with all severity against those who thus shall infringe or violate our right of patronage; and they shall proceed officially, either at the petition of our fiscals, or at that of any party who demands it; and in the execution of it great diligence shall be exercised.

"We desire and order that no cathedral church, parish church, monastery, hospital, votive church, or any other pious or religious establishment be erected, founded, or constructed, without our express consent for it, or that of the person who shall exercise our authority; and further, that no archbishopric, bishopric, dignidad, canonry, racion, media-racion, rectorial or simple benefice, or any other ecclesiastical or religious benefice or office, be instituted, or appointment to it be made, without our consent or presentation, or that of the person who shall exercise our authority; and such presentation or consent shall be in writing, in the ordinary manner.

"The archbishoprics and bishoprics shall be appointed by our presentation, made to our very holy father [_i.e._, the Roman pontiff] who shall be at that time, as has been done hitherto.

"The dignidades, canonries, racions and media-racions of all the cathedral churches of the Indias shall be filled by presentation made by our royal warrant, given by our royal Council of the Indias, and signed by our name, by virtue of which the archbishop or bishop of the church where the said dignidad, canonry, or racion shall be shall grant to him collation and canonical installation, which shall also be in writing, sealed with his seal and signed with his hand. Without the said presentation, title, collation, and canonical installation, in writing, he shall not be given possession of such dignidad, canonry, racion, or media-racion; neither shall he accept the benefits and emoluments of it, under the penalties contained in the laws against those who violate our royal patronage.

"If in any of the cathedral churches of the Yndias there should not be four beneficiaries--at least resident, and appointed by our presentation and warrant and the canonical installation of the prelate--because of the other prebends being vacant, or if appointments to them have been made because the beneficiaries are absent (even though it be for a legitimate reason) for more than eight months, until we present them the prelate shall elect four seculars to fill out the term of those who shall have been appointed as residents, choosing them from the most capable and competent that shall offer, or who can be found, so that they may serve in the choir, the altar, the church, and as curas, if that should be necessary in the said church, in place of the vacant or absent prebendaries, as above stated. He shall assign them an adequate salary, as we have ordered at the account of the vacant or absent prebendaries; and the said provision shall not be permanent, but removable at will [_ad nutum_], and those appointed shall not occupy the seat of the beneficiary in the choir, nor enter or have a vote in the cabildo. If the cathedral church has four or more beneficiaries, the prelates shall not take it upon themselves to appoint any prebendaries, or to provide a substitute in such post, whether for those that become vacant, or for those whose incumbents may be absent, unless they shall give us notice, so that we may make the presentations or take such measures as may be advisable.

"No prelate, even though he have an authentic relation and information that we have presented any person to a dignidad, canonry, racion, or any other benefice, shall grant him collation or canonical installation, or shall order that he be given possession of it, unless our original warrant of the said presentation be first presented; and our viceroys or audiencias shall not meddle by making them receive such persons without the said presentation.

"After the original warrant of our presentation has been presented, appointment and canonical installation shall be made without any delay; and order will be given to assign to him the emoluments, unless there is some legitimate objection against the person presented, and one which can be proved. If there is no legitimate objection, or if any such be alleged that shall not be proved, and the prelate should delay the appointment, installation, and possession, he shall be obliged to pay to such person the emoluments and incomes, costs, and interests, that shall have been incurred by him.

"It is our desire that, in the presentations that shall be made for dignidades, canonries and prebends in the cathedral churches of the Yndias, lettered men be preferred to those who are not, and those who shall have served in cathedral churches of these same kingdoms and who shall have had most experience in the choir and divine worship, to those who shall not have served in cathedral churches.

"At least in the districts where it can be conveniently done, a graduate jurist in general study shall be presented for a doctoral canonicate, and another lettered theological graduate in general study for another magistral canonicate, who shall have the pulpit with the obligations that doctoral and magistral canons have in these kingdoms.

"Another lettered theologue approved by general study shall be presented to read the lesson of the holy scriptures, and another lettered jurist theologue for the canonicate of penitence, in accordance with the established decrees of the holy council of Trent. The said four canonries shall be of the number of those of the erection of the Church.

"We will and order that all the benefices, whether sinecures or curacies, secular and regular, and the ecclesiastical offices that become vacant, or that, as they are new, must be filled, throughout the realm of the Yndias, in whatever diocese it may be, besides those that are provided in the cathedral churches, as stated above, shall, in order that they may be filled with less delay, and that our royal patronage may be preserved in them, be filled in the following manner:

"When a benefice (whether a sinecure or a curacy), or the administration of any hospital or a sacristy or churchwardenship, or the stewardship of a hospital, or any other benefice or ecclesiastical office, shall become vacant, or when it has to be filled for the first time: the prelate shall order a written proclamation to be posted in the cathedral church, or in the church, hospital, or monastery where such benefice or office is to be filled, with the suitable limit, so that those who desire to compete for it may enter the lists. From all those who thus compete, and from all the others whom the prelate shall believe to be suitable persons for such office or benefice, after having examined them and after having informed himself concerning their morals and ability, he shall choose two persons from them--those whom, in the sight of God and his conscience, he shall judge most suitable for such office or benefice. The nomination of the two thus named shall be presented to our viceroy or to the president of our royal Audiencia; or to the person who, in our name, shall exercise the superior government of the province where such benefice or office shall become vacant or must be filled, so that he may select one from the two appointees. He shall send that selection to the prelate, so that the latter in accordance with it, and by virtue of that presentation, may grant the appointment, collation, and canonical installation--by way of commission and not by perpetual title, but removable at will by the person who shall have presented them in our name, together with the prelate. And should there be no more than one person who desires to compete for such benefice or office, or the prelate shall not find more than one person whom he desires to receive the nomination to it, he shall send the name to our viceroy, president, or governor, as above stated, so that the latter may present him. Then by virtue of such presentation, the prelate shall make the appointment in the form above directed. But it is our desire and will that when the presentation shall be made by us, and we shall expressly state in our presentation that the collation and canonical installation shall be by title and not by commission, those presented by us be always preferred to those presented by our viceroys, presidents, or governors, in the form above mentioned.

"And in the repartimientos and villages of Indians, and in other places where there shall be no benefice or any regulations for electing one, or any form of appointing a secular or religious to administer sacraments and teach the doctrine, providing it in the form above directed, the prelate--after posting a proclamation, so that if there shall be any ecclesiastical or religious person, or any other of good morals and education who may go to teach the doctrine at such village--from those who shall compete, or from other persons whom he shall deem most suitable and fitting, shall elect two, after informing himself of their competency and good character. He shall send the nomination to our viceroy, president, or governor who shall reside in the province, so that the latter may present one of the two thus nominated by the prelate. If there shall be no more than one, by virtue of that presentation the prelate shall appoint him to the mission, giving him installation, as he has to teach the doctrine. He shall order to be given to such person the emoluments that are to be given to ministers or missions, and shall order the encomenderos and other persons, under the penalties and censures that he shall deem suitable, not to annoy or disturb such person in the exercise of his duty and the teaching of the Christian doctrine; on the contrary, they shall give him all protection and aid for it. That appointment shall be made removable at the will of the person who shall have appointed him in our name, and that of the prelate.

"We also will and order that the religious orders observe and maintain the right of patronage in the following form.

"First: No general, commissary-general, visitor, provincial, or any other superior of the religious orders, shall go to the realm of the Yndias, without first showing in our royal Council of the Indias the powers that he bears and giving us relation of them; and without the Council giving him our decree and permission so that he may go, and a warrant so that our viceroys, audiencias, justices, and our other vassals may admit and receive him to the exercise of his office, and give him all protection and aid in it.

"Any provincial, visitor, prior, guardian, or other high official, who may be elected and nominated in the realm of the Yndias shall, before being admitted to exercise his office, inform our viceroy, president, Audiencia, or governor who shall have in charge the supreme government of such province, and shall show him his patent of nomination and election, so that the latter may give him the protection and aid necessary for the exercise and use of his office.

"The provincials of all the orders who are established in the Yndias, each one of them, shall always keep a list ready of all the monasteries and chief residences [maintained there by his orders] and of the members [resident in each] that fall in his province, and of all the religious in the province--noting each one of them by name, together with a report of his age and qualifications, and the office or ministry in which each one is occupied. He shall give that annually to our viceroy, Audiencia, or governor, or the person who shall have charge of the supreme government in the province, adding to or removing from the list the religious who shall be superfluous and those who shall be needed. Our viceroy, Audiencia, or governor, shall keep those general lists which shall thus be given, for himself, and in order that he may inform us by report of the religious that there are, and those of whom there is need of provision, by each fleet sent out.

"The provincials of the orders, each one of them shall make a list of all the religious who are occupied in teaching the Christian doctrine to the Indians, and the administration of sacraments, and the offices of curas in the villages of the chief monasteries. They shall give such list once a year to our viceroy, Audiencia, or governor, who shall give it to the diocesan prelate, so that he may know and understand what persons are occupied in the administration of sacraments and the office of curas and the ecclesiastical jurisdiction, and who are in charge of the souls for whom he is responsible; and in order that what is or must be provided may be apparent to him, and from whom he has to require account of the said souls, and to whom he must commit what is to be done for the welfare of those souls.

"Whenever the provincials have to provide any religious for instruction or for the administration of sacraments, or remove any who shall have been appointed, they shall give notice thereof to our viceroy, president, Audiencia, or governor who shall exercise the supreme government of the province, and to the prelate; and they shall not remove any one who shall have been appointed, until another shall have been appointed in his place, observing the above order.

"We desire, in the presentations and appointments of all the prelacies, dignidades, and ecclesiastical offices and benefices, that those most deserving, and who shall have been engaged longer and to better profit in the conversion of the Indians, and in instructing them in the Christian doctrine, and in the administration of sacraments, shall be presented and appointed. Therefore we strictly charge the diocesan prelates, and those superiors of the religious orders, and we order our viceroys, presidents, audiencias, and governors, that in the nominations, presentations, and appointments that they shall have to make there, as is said, in conformity [with this decree], they shall always prefer, in the first place, those who shall have been occupied, by life and example, in the conversion of the Indians, and in instruction and in administering the sacraments, and those who shall know the language of the Indians whom they have to instruct; and, in the second place, those who shall be the sons of Spaniards and who shall have served us in those regions.

"In order that we may better make the presentation that shall become necessary of prelacies, dignidades, prebends, and the other ecclesiastical offices and benefices, we ask and charge the said diocesan prelates and the provincials of the religious orders, and we order our viceroys, presidents, audiencias, and governors, each one of them, separately and distinctly by himself, without communicating one with another, to make a list of all the dignidades, benefices, missions, and ecclesiastical offices in his province, noting those of them that are vacant, and those that are filled. Likewise they shall make a list of all the ecclesiastical and religious persons, and of the sons of citizens and Spaniards who are studying for the purpose of becoming ecclesiastics, and of the good character, learning, competency and qualities of each one, stating clearly his good parts and also his defects, and declaring, so that prelacies, dignidades, benefices, and ecclesiastical offices shall be suitably filled, both those that shall be at present found vacant, and those that shall become vacant hereafter. Those relations shall be sent us closed and sealed, in each fleet, and in different ships; and what shall be deemed advisable to add to or to suppress from the preceding ones that shall have been sent before, shall be added or suppressed; so that no fleet shall sail without its relation. We charge the consciences of one and all straitly with this matter.

"In order that we may not be deceived by those who come or send to petition us to present them to some dignidad, benefice, or ecclesiastical office, we desire, and it is our will, that he who shall thus come or send appear before our viceroy, or before the president and Audiencia, or before the one who shall have charge of the supreme government of the province; and, declaring his petition, the viceroy, Audiencia, or governor shall make the relation officially, with information concerning his standing, learning, morals, competency, and other details. After it is made, he shall send it separately from those persons. Likewise the approval of their prelate shall be obtained, and warning is given that those who come to petition for a dignidad, benefice, or ecclesiastical office without such investigation shall not be received.

"We desire and it is our will that no person can hold, obtain, or occupy two dignidades, or ecclesiastical benefices in the provinces of the Yndias, either in the same or in different churches. Therefore we order that if any one shall be presented by us for any dignidad, benefice, or office, he shall renounce what he shall have held previously, before his collation and appointment.

"If the one presented by us does not present himself, within the time contained in the presentation, to the prelate who must make the appointment and canonical installation, after the expiration of the said time the presentation shall be void, and no appointment and canonical installation can be made by virtue of it.

"Inasmuch as it is our will that the above-contained be observed and obeyed, for we believe that such procedure is expedient for the service of God and for our own, I order you to examine the above, and to observe and obey it, and cause it to be observed and obeyed in all those provinces and villages, and their churches, _in toto_, and exactly as is contained and declared, for what time shall be our will. You shall accomplish and fulfil it, in the ways that shall appear most advisable to you. You shall take for this purpose such measures and precautions as shall be advisable, in virtue of this my decree; and I give you for that complete authority in legal form. Accordingly we request and charge the very reverend father in Christ, the archbishop of that city, and member of our Council, and the reverend fathers in Christ, the archbishop of Nueva España, the venerable deans and cabildo of the cathedral churches of that country, and all the curas, beneficiaries, sacristans, and other ecclesiastical persons, the venerable and devout fathers provincial, guardians, priors, and other religious of the orders of St. Dominic, St. Augustine, St. Francis, and of all the other orders, that in what pertains to, and is incumbent on them, they observe and obey this decree, acting in harmony with you, for all that shall be advisable. Given in San Lorenzo el Real, June first, one thousand five hundred and seventy-four.

_I The King_ By order of his Majesty: _Antonio de Eraso_"

I order you to examine the said decree, and its sections above-incorporated, and you shall observe and obey it, and cause it to be observed and obeyed _in toto_, as is contained and declared in it and in each one of its sections, as if it were given for those islands and directed to you. I charge the reverend father in Christ, the bishop of those islands, the venerable dean and cabildo of the cathedral church of the islands, all the curas, beneficiaries, sacristans, and other ecclesiastical persons, and the venerable and devout fathers provincial, guardians, priors, and other religious of the orders of St. Dominic, St. Augustine, St. Francis, and all the other orders, that in what pertains to, and is incumbent on them, they observe and obey it, acting in harmony with you in every way that may be advisable and necessary. Given in San Lorenzo, September thirteen, one thousand five hundred and eighty-nine. [1]

_I The King_ By order of the king our sovereign: _Joan de Ibarra_ Signed by the Council.

[The litigation between the prelate and the religious orders originated from the visitation of the village of Dilao (which belonged to the ministry of the Franciscan fathers), commenced by Archbishop Miguel Garcia Serrano, June 24, 1624, [2] with the dictation by him of the following:] [3]

_Act_. In the village of Quiapo, which is near the city of Manila, on the twenty-second day of the month of June, one thousand six hundred and twenty-two, his Excellency, Don Fray Miguel García y Serrano, archbishop of these Philipinas Islands, member of his Majesty's council, etc., declared that, inasmuch as the eleventh chapter of the twenty-fifth session of the holy council of Trent rules and orders that the religious who exercise the duties of curas of souls be immediately subject, in regard to such duties and in all that pertains to the administration of the sacraments, to the jurisdiction, visit, and correction of the bishop in whose diocese they minister; and that no one, even though he be _admovibilis ad nutum_, can exercise the said office of cura without having obtained beforehand the consent and examination of the bishop or his vicar, etc., [4] which is ordered to be strictly observed and obeyed, both by the bishops and the superiors of the religious, and by the religious themselves, by the twenty-second chapter following, notwithstanding any privileges, constitutions, rules, customs, rights, and others _non obstantibus_, etc.; besides which, his Holiness Gregory Fourteenth, by his brief which was obtained at the instance of his Majesty, under date of Roma, April 18, one thousand five hundred and ninety-one, charges and orders the archbishop of these islands to visit the missions and the religious in them. [5]

All of the above is ordered to be observed and obeyed in these islands by decrees of his Majesty, under date of June first, five hundred and eighty-five; December twenty-one, five hundred and ninety-five; and November fourteen, one thousand six hundred and three. [6] In conformity with these decrees, his most illustrious Lordship, wishing to observe what his Holiness and his Majesty have ordered, as it is a matter very advisable and necessary for the service of God our Lord and that of his Majesty, and the welfare and increase of the conversion, teaching, and instruction of the natives of these islands, notified the very reverend fathers-provincial in Christ of the sacred orders of St. Dominic and St. Augustine, and the commissaries of that of St. Francis, of these islands, by means of an order signed by his most illustrious Lordship, which was given to them in the first part of April of this current year, so that, understanding it, the matter might be facilitated and observed on the part of the said orders, with the good-will and exactness that is proper, and which they have always had in obeying and observing the orders of the holy apostolic see, and those of his Majesty. And inasmuch as it is advisable that there be no more delay in the above, his most illustrious Lordship intends to go to visit the mission of the natives of the village of Dilao, outside the walls of the city of Manila, which is in charge of the Order of St. Francis, on the day of St. John the Baptist. He has advised the father guardian of the said convent thereof, in order that the Indians of the said convent may be assembled in the church at the hour of high mass, and so that all other necessary arrangements be made for making the said visit. His Lordship ordered the above to be set down as an act, together with the copy of the brief of his Holiness Gregory Fourteenth, and of his Majesty's decrees, of which mention is made above; and he signed the same.

_Fray Miguel_, archbishop.

Before me:

_Licentiate Alonso Ramirez_

In the town of Quiapo, on the twenty-fourth day of the month of June, one thousand six hundred and twenty-two, the illustrious lord Don Fray Miguel Garcia Serrano, archbishop of the Philipinas, member of his Majesty's council, etc., declared that he ordered--and he did so order--that that notification that his illustrious Lordship ordered to be made and that he made, to the superiors of the religious orders--namely, the order mentioned in the act of the twenty-second of this month, which was made on account of the visitation of Dilao--be filed with the [records of the] said visitation, which is to be begun on this said day, of the said mission and ministry of Dilao. Thus did he decree and order.

_Fray Miguel_, archbishop.

Before me:

_Licentiate Alonso Ramirez_

Very reverend fathers in Christ, the provincials of the holy orders of these Philipinas Islands: Being obliged to carry out the ordinance and mandate of the holy council of Trent and the decrees of his Majesty in regard to the examination and visitation which I have to make of the religious who are administering the missions of natives in my diocese, I deemed it advisable, in order to attain my object better, to inform your Paternities of it before beginning it--so that, understanding the matter, it might be facilitated and observed by your Paternities with the good-will and exactness that are proper, and which you have always displayed in obeying and observing the mandates of the holy apostolic see and those of his Majesty.

As your Paternities know, chapter 11 of the 25th session of the holy council of Trent, _De regularibus et monialibus_, rules and orders that the religious who exercise the duties of curas of souls be immediately subject as regards such duties, and in everything that pertains to the administration of sacraments, to the jurisdiction, visit, and correction of the bishop in whose diocese they administer; and that no one, though he be _amovilibis ad nutum_, may exercise the said duty of cura without first having obtained the consent of, and been examined by, the bishop or his vicar, etc. Both the bishops and the superiors of the religious, and the religious themselves, are strictly ordered to observe and fulfil the above, as ordered by article 22 following, notwithstanding any privileges, regulations, rules, customs, and rights, and others _non obstantibus_, etc.

This decree then, of the holy council of Trent, has two parts--one in which it is ordered that the said religious be immediately subject in regard to curas, and in all that pertains to the administration of sacraments, to the jurisdiction, visit, and correction of the bishops; and the other that, before being admitted to the said duty, they must obtain the consent of, and be examined by, the bishops or their vicars. There has never been any innovation in the first; for, although the second part had the innovation that appears in two briefs issued by his Holiness Pius V--one in general for all Christendom, which he conceded at the instance of the mendicant orders, under date of Roma, July 17, 1567, in the second year of his pontificate, whose beginning is, _Etsi mendicantium ordines_; and the other a special one for the Yndias, at the instance of his Majesty, under date of Roma, of March 26, of the same year--in those briefs there was no innovation in regard to the first part. On the contrary, in the brief of his Holiness Gregory XIV which his Majesty sent to these islands, and which was obtained at his instance, under date of Roma, April 18, 1591, the first year in which he commits to the archbishop of Manila the adjustment and restitution of what the conquistadors and other persons had in charge among the Indians, and prohibits religious from going from a pacified district to convert one unpacified, without the permission of the bishops, there is a clause of the following tenor ...: _Praeteria cum praecipuum munus Episcoporum sit proprias oves per se ipsos pascere et visitare_. [7]

In regard to the second part of the two things ordered by the holy council--that is, that the religious, before they can exercise the duties of the care of souls, must first get the consent of, and be examined by, the bishops or their vicars--that order also appears today in its entire force and vigor. For although it is true that his Holiness Pius V reserved the said religious from the said permission and examination, by the two privileges above mentioned, afterward his Holiness Gregory XIII reduced these and all the other favors and concessions given to the mendicant orders by Pius V to the terms of law and the holy council of Trent, as appears by his _motu proprio_ given at Roma, on the kalends of March, 1573, the first year of his pontificate, whose beginning is _In tanta rerum_, etc., and which father Fray Manuel Rodriguez inserted in the book that he published concerning the privileges of the orders, [8] in number 38 of those of that same supreme pontiff.

Although it is true that it is stated in the memorial which the Order of St. Francis in Nueva España presented regarding the substance of the privileges of the mendicant orders in the Yndias, at the provincial council that was convened in Mexico in the year 1585, at the instance of the same council (as is mentioned by father Fray Juan Baptista, of the said order, in the second part of his book of advice for confessors), that the said revocation had no effect, because the cardinal protectors of the orders immediately appealed from it, asking his Holiness to suspend the said _motu proprio_ and that it be not promulgated; and that his Holiness agreed to it, and that, accordingly, no account was taken of it--it appears that no attention must be paid to that, for the said memorial has no further proof or authority than the certification of Father Master Veracruz, who was in Sevilla when the _motu proprio_ of Gregory XIII was issued, and because Father Manuel Rodriguez, of the same Order of St. Francis, affirms the contrary--who some years later, while residing in Salamanca, where there was more notice of it than in the Yndias, published his books of "questions concerning the regulars," as appears in article 7, question 8, of the first volume, [9] as well as in other places. With the same agrees father Fray Alonso de Vega, in his conclusion, chapter 62, case 4, _Questio de confessione_, and it appears by the declarations of the holy congregation of the cardinals, which Marcilla reports in article 20, of section 25, _de regularibus_, and in article 15, of section 13, _de reformatione_, [10] besides others, by which it is manifest that it is a privilege that his Majesty obtained for what he then judged advisable for the proper government of the churches of the Yndias, and the greater increase of their Christianity. It ought not, nor can it, be understood to be to the prejudice of the privileges that the holy apostolic see has conceded to the kings of España for the same purpose, such as that of Alexander VI, in his bull of the concession or confirmation of the Indias, as follows: _Hortamur vos quamplurimum ... et infra sit--insuper mandamus vobis in virtute sanctae obedientiae (sicut etiam pollicemini) et non dubitamus pro vestra maxima devotione et regia magnanimitate vos esse facturos, ad terras firmas et insulis praedictas, viros probos...._ [11]

And Adrian VI, in his _Omnimodo_, as follows: _Dum tamen sint tales sufficientiae ..._ and of the right of the royal patronage. [12]

And since it is now his Majesty's will that the fitness and approval of the said religious in regard to curas must be to the satisfaction of the bishops, which he says to be thus advisable for the discharge of his royal conscience and that of the said bishops, it is clear that we are bound to fulfil it as a command of the holy apostolic see.

The above is in respect to the mandates of his Holiness. Coming to that which is ordered in this regard by the decrees of his Majesty, it appears that his Majesty having despatched his royal decree on the sixth of December, 1585, that if there were any capable clergy they should be preferred, in the benefices and missions of the Indians to the religious who held them, and who should have held them, by virtue of another royal decree of May twenty-five, of five hundred and eighty-five, his Majesty gave notice to the Order of St. Francis, of Nueva España, that he had ordered the suspension for the time being of the execution of this decree; and that the said missions be held, as hitherto, by the orders and religious; that there be no innovation in the manner of presentation and appointment; that the bishops in their own persons (these are the words of the royal decree), without committing it to any others, shall visit the churches of the missions, where the said religious may be, and in the missions inspect the most holy sacrament, the baptismal font, the building of the said churches, and the service of divine worship; and that they also visit the religious who should reside in the said missions, and correct them in matters concerning curas.

That royal decree is in the book of advice to confessors of Indians which father Fray Juan Baptista, of the Order of St. Francis, published in Mexico, in the year six hundred; it is on folio 380. On folio 259, it contains what the provincials of the orders of St. Dominic, St. Francis, and St. Augustine, of the province of Mexico, answered to it on the twenty-eighth of November, of the said year, 585. That answer was to accept the said missions _non ex votis charitatis_, but with the obligation of _in se et justitia_; and in regard to being visited, they say that, inasmuch as the obstacles of their disturbance and relaxation of discipline were always to be found, which induced the apostolic see to exempt them from the visits of the ordinaries--which obstacles would be more and greater in the Yndias, if authority were given for it--they would not refuse the reverence, respect, and submission due to the bishops, as prelates and shepherds of the Church of God. They said that they were under greater obligations to them than to any one else, and would respect them and receive them into their convents with proper reverence, as they had always done; and that, obeying what his Majesty ordered, they would be very glad to have them visit in their churches the most holy sacrament, the baptismal font, and what concerns it; but in all matters outside the above-mentioned, they petitioned his Majesty not to give the bishops authority or entrance, for that would mean the perpetual disquiet and ruin of their order.

But as for that which the said orders of Nueva España declared in that reply, namely, that the obstacles of disturbance and relaxed discipline were bound to follow the visits of the bishops, for which the apostolic see was induced to exempt them from their jurisdiction; nevertheless, it will be considered that a very different reason will be found to prevail in this case in respect to which, as regards religious from whom visits are exempted, they have their special rules and regulations, which are peculiar to each order. Both for that reason, and because their institute, life, and government is of the cloister, and they have no administration, dominion, and jurisdiction over persons of the world, it was most advisable to give them superiors who had been reared in the same life, customs, and rules of religion, since, moreover, their profession was simply that of religious.

But the ministry of the care of souls that the religious exercise is not of the cloister, nor does it depend on their special rule or institute; nor in regard to such are they at all different from the secular curas, both touching the religious ministers themselves, and touching the persons who are ministered to, whose spiritual government is in charge of the bishops.