Chapter V

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The Philippine Islands, 1493-1898

Explorations by early navigators, descriptions of the islands and

their peoples, their history and records of the catholic missions,

as related in contemporaneous books and manuscripts, showing the

political, economic, commercial and religious conditions of those

islands from their earliest relations with European nations to the

close of the nineteenth century,

Volume XXI, 1624

Edited and annotated by Emma Helen Blair and James Alexander Robertson

with historical introduction and additional notes by Edward Gaylord

Bourne.

CONTENTS OF VOLUME XXI

Preface 9

Documents of 1624

Ecclesiastical affairs of the Philippines. Miguel García

Serrano, and others; 1574-1624 19

Conflict between civil and religious authorities in

Manila. [Unsigned and undated; 1624?] 79

Seminary for Japanese missionaries. Alvaro de Messa y Lugo,

and others; Manila, July 23-August 5 84

Extract from letter to Felipe IV. Miguel García Serrano;

Manila, August 15 95

Royal orders regarding the religious. Felipe IV; Madrid,

August-December 98

Early Recollect missions in the Philippines. Andrés de San Nicolas,

Luis de Jesús, and Juan de la Concepción. (Extracts from their

respective works, covering the history of the missions to the

year 1624.) 111

Bibliographical Data 319

ILLUSTRATIONS

Title-page of _Historia general de los religiosos descalzos

... del gran padre ... San Augustin_, by Andres de San Nicolas

(Madrid, 1664); photographic facsimile from copy in library of

Edward E. Ayer, Chicago. 109

Title-pages (the first engraved) to _Historia general de los

religiosos descalzos ... del gran padre ... San Augustin_, by

Luis de Jesús, Augustinian Recollect (Madrid, 1681); photographic

facsimiles from copy in library of Edward E. Ayer, Chicago.

187, 189

Title-page of volume iv of _Historia general de Philipinas_,

by Juan de la Concepción, Augustinian Recollect (Manila, 1788);

photographic facsimile from copy in library of Harvard University.

261

PREFACE

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.

And since it is a fact that the religious who accepts an executorship

is obliged to give a strict account of it to the bishop--nor does

he fulfil his duty by giving it to his superior, if it is a matter

with which the deceased entrusted him, who made election and a

confidant of him--with very much greater reason ought an account of

the administration of the souls that are immediately in charge of

the same bishop be given to him; and although in proof of that many

other arguments might be adduced, none will be so effective and so

conclusive as to consider that while there were, as is true, so many

so aged, learned, grave, and holy religious of all the orders present

in the holy council of Trent, who propounded as many difficulties

and obstacles as they could offer, yet the holy council decreed and

ordered as we have seen.

In conformity with that, notwithstanding the said reply which the

orders of Nueva España gave to the decree of his Majesty, the orders

of his Majesty in regard to the said visits seem to have been obeyed,

for ten years after another royal decree was despatched, which the

said father, Fray Juan Baptista, mentions on folio 396 of the said

book, as follows:

"The King. Reverend father in Christ, bishop of the city of Antequera,

of the valley of Huajaca, of Nueva España, and member of my council:

Inasmuch as I have heard that the religious who reside in those

regions, busied in the instruction and conversion of the Indians, give

out that it is a cause of great disquiet and uneasiness to them for you

to send to visit them, in regard to curacies, by clerics or religious

of other orders; and as it is advisable to avoid all occasions that

may divert them from their chief end, especially since (as they say)

it is contrary to their institutes, and is the occasion of their

living disconsolate, and that they are molested: I request and charge

you that when you are unable to visit in person the missions of that

bishopric--in accordance with the order in my decree of June first,

one thousand five hundred and eighty-five, [13] where this matter is

discussed at greater length--for the said visits of religious who shall

be in those missions, in regard to matters of curacies, of the most

holy sacrament, of the baptismal font, of the building of churches, and

all else concerning them, and the divine worship, you send religious

of the same orders. Consequently, where there are Dominican friars,

a friar of the same order shall be sent as visitor; and the same shall

be observed with Augustinians, Franciscans, and those of the Order of

Mercy, and of the Society. That shall be observed for the cases and in

the manner contained in the above-mentioned decree. Given in Madrid,

December twenty-one, one thousand five hundred and ninety-five. [14]

[_I The King_]

By order of the king our sovereign:

_Juan de Ybarra_"

But since it was not expressed in the said royal decree of the year 585

that the religious who should administer the benefices and missions

of the Indians should first be examined and approved by the bishops;

and since the remedy for the public excesses of the said religious

should be limited to the bishops in the decree, if there should be any

excesses even in respect to curacies--the bishops proceeding in this,

not in the form ruled by the said article II, of section 25, of the

holy council, but by that which is declared in article 14, of the

same section: his Majesty afterward decided, for considerations that

satisfied him, that the authority and jurisdiction of the bishops in

regard to the above be extended further, as the holy council rules;

and accordingly, on November 14, one thousand six hundred and three,

he despatched his royal decree for the metropolitan churches of the

Indias, one of which he sent to the archbishop of these islands,

which is of the following tenor:

"The King. Very reverend father in Christ, archbishop of the city

of Manila of the Philipinas Islands, and member of my council:

Notwithstanding that it is very carefully ordered that the ministers

who are appointed to the missions of the Indians, both seculars

and friars, must know the language of the Indians whom they have to

instruct and teach; that they shall have the qualifications that are

required for the duties of the curacies that they have to perform;

and that the religious missionaries be visited by the secular prelates

in regard to the curacies: I have been informed that it is not obeyed

as is advisable; that the prelates do not exercise the care that is

advisable in examining the said religious missionaries, in order to

satisfy you that they are competent and that they thoroughly understand

the language of those whom they are going to teach; and that many of

their omissions and excesses in the administration of the sacraments

and the exercise of the duties of curas are not remedied in the

visitations. That is a great obstacle, and consequently the Indians

suffer considerably in the spiritual and temporal. I have heard that

their superiors are less careful in this, and in the choice of the

persons, than they ought to be. And inasmuch as it is advisable for

the service of God our Lord and for mine, and for the welfare of the

Indians, that the ministers of instruction be such as are required

for this ministry, and that they know the Indians' language, I charge

you strictly that, in accordance with what is decreed and ordained,

you do not permit or allow, in the missions in charge of the orders

in the district of that archbishopric, any religious to come to

perform the duties of cura or to exercise that duty, unless he shall

first be examined and approved by you or by the person who shall be

appointed by you for that purpose, in order to satisfy yourself that

he has the necessary ability, and that he knows the language of the

Chinese or Indians whom he has to instruct. Those whom you shall find,

in the visits that you shall make, who have not the competency, good

qualities, and good example that are requisite, and who do not know

sufficiently the language of the Indians whom they are to instruct,

you shall remove; and you shall advise their superiors, so that they

may appoint others who have the necessary qualifications, in which

they also must be examined. You shall advise me of all that you do

in this matter. Given in San Lorenzo, November fourteen, one thousand

six hundred and three.

_I The King_

By order of the king our sovereign:

_Juan de Ybarra_"

With the above royal decree was despatched another to the royal

Audiencia, in which its observance and fulfilment is ordered and

charged; and another to the same archbishop, which only contains the

statement that he is strictly charged with its fulfilment. [15] His

Majesty says in it that it is advisable to do this for the relief

of his royal conscience and that of the archbishop himself. Those

decrees having arrived in the ships that came in the year six hundred

and five, Don Fray Miguel de Benavides, archbishop at that time, as

soon as he received them, presented all three in the royal meeting

held on the second of June, of the said year, and they were obeyed

and ordered to be fulfilled. But as the said archbishop died within

two months, he could not carry them out; and consequently they were

left unobserved, because the cabildo succeeded to the government of

the vacant see. Afterward, Archbishop Don Diego Vazquez de Mercado,

either because he knew nothing about them, or because he was so

far prevented by his age and infirmity (as all know), did not put

them into practice. At his death, Don Fray Diego de Arce, bishop

of Zibú, governed this archbishopric; but he did not know of the

said decrees. But as they have come to my notice, and since we are

obliged, both myself and your Paternities, to observe and obey what

his Holiness and his Majesty order in regard to this, as above stated,

we cannot excuse ourselves from immediately putting it into execution.

We shall not be able to delay the observance of the said royal decree,

by saying that since twenty years have passed since its issue,

without having given it a beginning, it will be well to await his

Majesty's will once more; for, besides that things are today in the

same condition as then, it appears that his Majesty, having heard that

the said royal decree was not being observed in Nueva España, either

because the bishops had no knowledge of it, or for other reasons,

gave it again to the viceroy, Marquis de Guadalcazar, under date of

November nineteen, six hundred and eighteen, in which, inserting word

for word the first decree above mentioned of November fourteen, six

hundred and three, he orders it to be obeyed in the following words:

"And inasmuch as it is my intention and will that what I have ordained

and ordered in regard to the above be strictly observed and executed,

I order you to examine the said my decree which is here incorporated,

and to observe and obey it _in toto_, according to its contents

and declarations, just as if I were talking with you, and it were

directed to you. Such is my will, notwithstanding that in the lapse

of time, and with the claims of the prelates and missionaries,

it has been winked at or another custom introduced, which shall,

under no circumstance, be in any manner allowed. Given in Madrid,

November nineteen, one thousand six hundred and eighteen.

_I The King_

By order of the king our sovereign:

_Pedro de Ledesma_"

And the archbishop of Mexico having reported to his Majesty that the

above decree of his Majesty of six hundred and eighteen had not been

shown by the viceroy, although he had had it in his possession for some

time, his Majesty despatched other new decrees to the said viceroy and

archbishop, under date of February eighteen and August twenty-five,

six hundred and twenty, in which, he again orders them to observe and

obey the said first decree to the said archbishop, in these words:

"And since your person is authorized, not only by the council of Trent,

but by the declaration of the cardinals, and by common law, to proceed

to the visit for the reformation of all the missionaries, both seculars

and regulars, you shall endeavor to relieve your conscience and mine."

Consequently, neither of us will by any means satisfy our obligations,

if we neglect to carry out the commands of his Holiness and of his

Majesty in this regard, so that we may report to his Majesty in the

first ships that his royal will has been fulfilled.

From the above, and from the jurisdiction and authority conceded

to the bishops over their sheep by the sacred canons, councils, and

briefs of the holy apostolic see, it is manifest with what want of

reason and foundation has been the assertion and declaration made

three or four times by Father Pedro de San Pablo, provincial of the

Order of St. Francis, in the royal courts about one month ago, while

reporting a suit of the fiscals of the missions of the Indians--namely,

that the provincials of the orders of these islands, and the regular

ministers of the Yndias, had more jurisdiction and power, by virtue

of their privileges, over the Indians in regard to matters concerning

the ministry of their missions than had the bishops and archbishops

in whose dioceses the said missions are located. That appears to be

a universal sentiment and practice of the said religious, by what we

have experienced in the course of the visitation to the Indians of

our archbishopric that we have as yet made. Given in Manila, March

twenty-nine, one thousand six hundred and twenty-two. [16]

_Fray Miguel_, archbishop.

[On April two and three, Don Gabriel de Mújica, the archbishopric's

secretary, delivered in person a similar copy of the above

notifications to [each of] the fathers-provincial--namely, Fray Juan

Henrríquez, Augustinian; Fray Miguel Ruiz, Dominican; Fray Cristóbal

de Santa Ana, commissary visitor of St. Francis. On June 20, the

archbishop began his visits through the parish of Dilao, causing an

edict of the following tenor to be published from the pulpit during

high mass.]

We, Don Fray Diego Garcia Serrano, by the grace of God and the

holy apostolic see, archbishop of the Philipinas, member of his

Majesty's council, etc.: To you, the faithful Christians, citizens,

dwellers, residents, and inhabitants of the village of Dilao, which

is administered by the Order of St. Francis, of whatever state, rank,

and preëminence you may be, greeting in our Lord Jesus Christ. We

cause you to know that the holy fathers, inspired personally by the

Holy Spirit in their sacred councils, piously and rightly ordered and

commanded that all the prelates and pastors of the universal Church

be obliged, in person or through their visitors, to make annually

a general visit and investigation of their subordinates and clergy,

both seculars and regulars, who have in charge the administration of

souls. This shall include the offices that they hold, in curacies

and in churches, hermitages, hospitals, and confraternities, all

which should be directed to the spiritual welfare of souls--which

consists in being, through the grace of God, our Lord, separated

from sins, especially public and disgraceful sins, which offend His

[Divine] Majesty so greatly. In order to fulfil this our obligation,

we admonish and order that those of you who shall know or who shall

have heard anything said concerning the father cura, your minister, who

has charge of you in the matter of the administration of sacraments,

or of any other person, which cannot or ought not to be tolerated

by the citizens and inhabitants of this said village of Dilao, of

whatever nation and rank he be, shall tell and declare it to us;

especially if he shall have committed what will be mentioned and

related to you later in this edict, in whole or in part, or any other

thing similar to it. You shall declare and manifest the same before

us within the three days first following after this our letter and

edict shall be declared and read to you.

First, if you know or have heard said whether the said father cura N.,

your minister, has been remiss and negligent in the administration

of the holy sacraments of baptism, penance, the eucharist, extreme

unction, and matrimony.

_Item_: Whether anyone has died without holy baptism through his

neglect and carelessness, or without confession, communion, or

extreme unction.

_Item_: If you know whether the said your minister has not said mass

for you on every Sunday or feast that is observed; or whether he has

made any signal omission in this; and whether he preaches and teaches

the Christian doctrine to you, as he is obliged.

_Item_: Whether the administration of the holy sacraments takes place

with the reverence and propriety that is fitting; whether he has

married anyone before daybreak, or without the admonitions ordered by

the holy council, or without the notification of our vicars, and their

permission having preceded, in the cases in which it ought to be made

and asked for; and whether the baptisms that have taken place have been

in the baptismal font of the church, with all respect and reverence.

_Item_: If you know whether the said your minister keeps the tariff

of the fees--both those which pertain to him and those that pertain

to singers, fiscals, and sacristans--written and placed openly

where all may read it, so that they may know what they have to pay;

or whether he has forced the natives to give more alms than they owe

or are willing to give for marriages, baptisms, or burials, whether

in money or in other things.

_Item_: Whether the said your minister is careful to execute the pious

foundations and the wills of his parishioners; or whether these have

failed to be observed through his fault.

_Item_: Whether the said your minister is careful to register his

parishioners, both natives and those of other nations, at the time of

Lent; and whether he has confessed them during that time, or tried

to confess them; and whether he has, after Lent, made any effort to

ascertain whether they fulfilled their duties to the church according

to their obligation.

_Item_: If you know whether the said your minister has concealed any

public or notorious sin of his parishioners, that has come to his

notice, and has not endeavored to have it remedied by the persons

who can remedy it.

_Item_: If you know whether the said your minister has not looked

after the property of the church, the silver, and ornaments, and

everything belonging to it; and whether any property has been lost

by his carelessness and negligence.

_Item_: If you know whether the said minister, in the public sins

that have come to his notice and that he has punished, has condemned

the sinners to pecuniary fines, or something of value, such as wax,

cloth, or other things; and whether he has failed to apply the said

fines to those to whom they belong, in accordance with his Holiness's

brief and his Majesty's decrees.

_Item_: If you know whether the fiscals have performed their duty

poorly; or whether they live in sin, or are dishonest, or they conceal

sins or concubinage; or whether they receive bribes; or whether with

their authority as fiscal they have annoyed the Indians, or have

taken rice, fowls, or other things at a less price; or whether they

have imposed any tax under pretext of alms for the church, by their

authority that they possess as ministers of it; or whether they have

taken more fees than belong to them by our tariffs.

_Item_: If you know whether the choristers and sacristans have

likewise taken larger fees than are assigned them by our said tariffs,

for burials, funeral honors, and other things that belong to them;

and whether, when any poor man has died who has not the wherewithal

to pay the fees, they have refused to bury him unless they are paid,

or unless they receive pledges that they demand before burying him.

_Item_: If you know whether there are any apostates of our holy

Catholic faith; or who practice any evil worship; or who possess or

read books of it.

_Item_: Whether there are any who are living in public concubinage,

or as whoremongers; or who keep in their houses slave women, or other

women or men of evil life, in order to commit sins.

_Item_: Whether there are any who have not confessed, or fulfilled

the precept of the church, according to their obligation; or whether

there are any who have eaten meat unnecessarily during Lent on the

fast of Friday or the four ember days.

_Item_: Whether there are any married twice while the first husbands

or wives are living, or who are married to relatives in the degree

prohibited, without dispensation from him who can give it.

_Item_: If you know whether there are any usurers who loan money at

usury and interest; or who sell on credit at a dearer price than the

things are worth when cash is paid; or who buy at a less price in order

to give the money advanced with the imposition or fraud and usury.

_Item_: If you know whether there are any, either of you natives,

or of any other nation, either men or women, who are sorcerers, or

witches, or magicians; or those who pray to the devil, or who cast

any kind of lots, whether to discover theft, or to ascertain other

things by enchantments and witchcraft.

And inasmuch as the above evil is a very great offense and disservice

to God our Lord; and as it is advisable to remedy that herein

contained that has been committed: we order, exhort, and admonish

all the citizens, dwellers, residents, and inhabitants of this said

village of Dilao [to make known these things], within the said term of

three days--under penalty that, if they know it and do not declare it,

they shall, if it be proved, be punished most severely.

Given in this village of Dilao, June twenty-four, one thousand six

hundred and twenty-two.

_Fray Miguel_, archbishop.

By order of the bishop, my master:

_Licentiate Alonso Ramirez_

[While the archbishop was proclaiming the visitation in the church

of the above village, father Fray José Fonte, secretary of father

commissary Fray Cristóbal de Santa Ana, presented to him the following

petition.]

Fray Christoval de Santa Ana, preacher and commissary visitor of

the discalced Franciscans of this province of San Gregorio, etc.: I

declare that, as I have been informed that your Lordship intends to

visit the missions and their ministers of the said my order in this

archbishopric--which is not only an innovation, and a thing not done

by the other archbishops, the predecessors of your most illustrious

Lordship, but also contrary to the ordinance of the brief of his

Holiness Pius V, despatched in Roma, March twenty-four, one thousand

five hundred and sixty-seven, in which, notwithstanding the ordinance

of the holy council of Trent, authority is given to the religious who

are occupied in the conversion of, and preaching to, the Indians,

to perform the office of curas and administer the holy sacraments,

with subordination to the superiors of their order, and exemption

from the bishops and ordinary judges--accordingly the said my order

receives violence and injury from your Lordship's endeavor. [17]

I petition and entreat you, in observance of the ordinance of his

Holiness, to preserve the said ministers and the said my order in their

exemption and privileges; if this be not done, I protest that I shall

make use of the other powers conceded to my order by the apostolic see,

and the remedies that belong to it by law. I petition justice, etc.

_Fray Christoval de Santa Ana_, commissary-visitor.

... His Lordship having seen the said petition and having noted the

brief of his Holiness and its contents, declared: That besides that

the said brief is revoked by a _motu proprio_ of his Holiness Gregory

XIII, under date of Roma, on the kalends of March, of the year five

hundred and seventy-three, by which are revoked all concessions and

privileges that his Holiness Pius V conceded to the religious of the

mendicant orders, reducing them to the terms of the law and of the holy

council of Trent, even in case that the brief of his Holiness Pius

V, which has been read, is not comprehended in the said revocation,

his Holiness Pius V did not make any innovation in the rulings of

the holy council in regard to the religious who administer souls

being immediately subject as far as such ministers are concerned,

and in everything that pertains to the administration of sacraments,

to the jurisdiction, visit, and correction of the bishop in whose

diocese they minister. For, as is evident by the said brief, his

Holiness was requested, at the instance of his Majesty, to be pleased

to decree concerning as many things as had been ordered in the holy

council of Trent; namely: first, that marriages should not be allowed

to be celebrated except in the presence of the parish priest or by his

permission; second, that the religious could not preach without the

permission of the bishop; third, that they could not hear confessions

without having been examined by the ordinary; fourth, that the bishops

could erect new parishes in places very far apart. [18]

And in regard to the fact that the religious were exercising the

duties of parish priests in the Yndias, it was necessary to provide

relief in the above four things. His Holiness, in accordance with that

petition and request, decides the first three points in favor of the

said religious, so that, having been examined and approved by their

superiors, in the form ordered by the said brief, the permission of

the ordinaries was not necessary in order to exercise their offices;

and then his Holiness, immediately providing for the fourth, orders

that there be no innovation by the ordinaries in the custom followed

before. Consequently, his Holiness decided in this regard that, if

it were the custom before the council for the ordinaries to erect new

parishes in the missions administered by the religious of the Yndias,

his Holiness orders that that custom be retained; and if not, that

there be no innovation; and that the said brief does not treat of

other things. Consequently, his Lordship orders that the visitation

that he has commenced be continued; and he made declaration to that

effect through the interpreter, Christoval de Vera. Thus did he decree

and order, and he affixed his signature.

_Fray Miguel_, archbishop.

Before me:

_Licentiate Alonso Ramirez_

[Father Fray Alonso de Valdemoro, definitor of the province of

San Gregorio, was then president and minister of the mission and

ministry of Dilao. In consequence of the aforesaid, the archbishop

having ordered him to open the sacristy, in order to inspect the holy

sacrament, and to examine the adornment that was there, he said that

he could not do it. Notwithstanding that reply, the prelate ordered

him once more to open the sacristy, where the most holy sacrament was

kept, in order that he might proceed with the said visit, "which he

was to obey immediately under penalty of the greater excommunication,

_latae sententiae ipso facto incurrenaa_, and four years' suspension

from the office of the ministry of souls." The father minister, having

been informed of the act, insisted on his reply, basing his action

on the pontifical privileges of his order. In respect to the royal

decrees, he said that he was obeying them, but that it was necessary

that they should be communicated to his own regular superior, who

had the right of answering them; "and consequently, that in virtue

of the said briefs, by which he is exempt from the jurisdiction of

the bishops in regard to the ministry and visit that his Excellency

intends to make; and by law, inasmuch as he is not the archbishop's

sheep or subject, the said excommunication ... does not oblige or

bind him. Accordingly, let his most illustrious Lordship determine

that matter with his superior, whom the said father is bound to obey;

and, while this matter is not clear, he does not consider as harmful

the penalties and censures imposed by his Excellency. He affixed

his signature, witnesses being Captain Gregorio de Galarça, Alférez

Antonio de Viana, and Don Melchor de Valdes, and many other persons.

_Fray Alonso de Valdemoro_, definitor.

Before me, and I attest it:

_Licentiate Alonso Ramirez_"

Thereupon the archbishop ordered his notary to read the act passed

on the twenty-second of the same month, "in which is discussed the

right of his Excellency to make this visitation. Together with it

the archbishop ordered the clause of the brief of Gregory Fourteenth

to be read and communicated to him, which treats of this visitation

and the decrees of his Majesty which are in these acts, so that the

said father should not pretend ignorance of it. Thus did he order,

and he affixed his signature.

_Fray Miguel_, archbishop."

The definitor responded "that in consideration of the fact that when

his Holiness concedes any indult, and orders any new mandate, he is

seen to address himself, as is his constant custom, to the chief men,

to whom it pertains to carry out any new mandate, the same law extends

to the decrees sent by his Majesty, which are directed to the chief

persons, to whom it pertains to answer the said decrees and mandates

of his Holiness. Consequently, as it does not appear that his prelate

and superior, to whom it pertains to receive and answer the said

decrees and clauses of the said brief that have been communicated

to him, has been notified of them; and as it is not apparent to him

from the said reply: he cannot make any innovation until such time as

the will of his superior, with whom those matters must be discussed,

is known to him...."

Having received that reply, the archbishop "declared the said father,

Fray Alonso de Valdemoro, to have incurred the penalty of greater

excommunication and of suspension from his office as minister, which

is imposed on him; and that, as such excommunicate, he was deprived

of what excommunication deprives one; and in order that he might

not allege or pretend ignorance, this declaration, stating that he

has incurred the censures imposed, is to be read and communicated

to him...."

Having heard the act, Father Valdemoro replied: "that, in consideration

of the replies that he has given, and his protestation against the

violence that his Excellency has exercised toward his order, and the

lack of summons, [19] which are an intrinsic right in excommunication,

he does not consider himself as such excommunicate, until information

has been given to his superior, as he has said, and in the meantime

he does not consider himself injured...."

After the aforesaid, Father Valdemoro took part in a procession,

in which the image of our Lady of Guidance was carried to the city,

so that the Lord might be pleased, through her intervention, to

bring safely to port the ships that were to anchor that year in

Cavite from Acapulco. The ecclesiastical fiscal was informed of it,

and he informed the provisor and vicar-general of it. At that time

the latter was the canon and treasurer, Don Juan Cevicós. He ordered

the father to leave the procession, and by the archbishop's order

he opened an official inquiry, in order to investigate the offense,

and to punish it according to law, "as the said father is a parish

priest and minister for souls in the said mission of Dilao, and the

said offense is dependent on the visit which his said Excellency is

making on him as such minister, inasmuch as he is, in that regard,

under his Lordship's jurisdiction and subject to him...."

The investigation ended on June 26 of the said year. In it the

depositions were taken of Licentiate Juan de Arguijo, ecclesiastical

fiscal of the archbishop; Don Alonso García de León, canon; Licentiate

Jerónimo Rodriguez Luján, presbyter; Miguel Calderón, presbyter; and

Alférez Francisco del Castillo, chief constable of the archbishop. The

archbishop ordered that the father minister of Dilao be arrested,

"and placed as a prisoner in one of the convents--that of St. Dominic,

or St. Augustine, or the Society of Jesus, or St. Nicolas of the

Recollects of this city--the one which the said father should

select. That convent the archbishop assigns to him as a prison and

place of confinement; and he is ordered not to break it under penalty

of greater excommunication, _latæ senteniæ ipso facto incurrenda_, and

suspension from active and passive vote for three years. And in order

that the said imprisonment might be effective, and not be hindered

by the religious of the said order, the royal aid shall be petitioned

through this royal Audiencia, to whom it rightly belongs to give that

aid, in order that they may fulfil the decrees of the holy council of

Trent, and a royal decree given for this purpose, under date of San

Lorenzo, November fourteen, six hundred and three, directed to this

royal Audiencia, and another royal decree of the same date directed

to the archbishop of these islands, in which they are ordered to make

effectual the said visit, as such is advisable for the relief of the

consciences of his Majesty and of the said archbishop...."

The Audiencia having been asked for aid on June 27, declared on July

4, that "there was no occasion at the present time for imparting to

the archbishop of these islands the royal aid asked in his name...."

While the above was happening, one Sunday, June 26, papers were

seen to be posted on the doors of the cathedral and convents of

Manila. They were signed by father Fray Pedro de Muriel, by order

of the judge conservator appointed to prevent the said visit. He

was father Fray Tomás Villar, rector of the college of St. Dominic,

by virtue of two briefs of Pius V: the first given March 24, 1567;

and the second September 23, 1571 _Universis et singulis venerabilibus

fratribus_. He had accepted his charge one day before the said posters

were put up. In those posters, Don Juan Cevicós was declared to have

incurred the excommunication of the canon _si quis suadente diabolo_,

for having taken Father Valdemoro from the procession the twenty-fourth

of the same month.

The matter being communicated to the archbishop, "he summoned the

said conservator to immediately refrain from proceeding in the said

causes, under penalty of incurring the penalties established by law;

besides which he would proceed to punish the scandal caused in this

community by his having affixed decrees in which the said provisor

was said to be excommunicated."

Father Villar replied, declaring his charge as apostolic judge

conservator, and that, as such, "he must proceed in the said

cause. Accordingly, he petitions and requests his Lordship to cease

to proceed in the said visit, that he has intended to make in the

said mission of Dilao; and that he send all that has been written

and done to the said judge conservator; and if not, the latter will

proceed to what is advisable, in accordance with law. In respect to the

provisor, through his having incurred that contained in the said canon,

_si quis suadente_, he ordered that he be proclaimed in the public

parts of this city as excommunicated, so that all may know of it,

and that no person remove, or cause to be removed, the said posters,

under penalty of greater excommunication, _ipso facto incurrenda_ ... "

In view of the aforesaid, and considering that the Audiencia gave

no support to the archbishop, so that he might prosecute the said

visit that he had begun, he insisted no further on it. But "so that

the aforesaid might be apparent to his Majesty, and that the latter

might provide what relief he pleased, the archbishop ordered--and

he did so order--a testimony to be sent to the royal Council of the

Yndias of all that had been done, and that the briefs mentioned in

this act be sent also ... "

At the same time he wrote the following letter to his Majesty:]

Sire.

Finding myself obliged, both by the holy council of Trent and a brief

of his Holiness Gregory Fourteenth, and by the restraining decrees of

your Majesty, in regard to the visiting of the religious missionaries

by the bishops--respecting curacies, and that they do not exercise

such office without being examined beforehand in the language of

the natives that they administer--I determined to carry out so holy

mandates, from which so many blessings must result to the service of

God and that of your Majesty. Accordingly, having declared my purpose

to the superiors of the said orders, three months before beginning the

said visit, by means of a letter or notification which I gave them,

in which I cited the passages of the said holy council, the brief of

his Holiness, and the decrees of your Majesty, they responded to me

orally, saying that they had an indult from his Holiness, Pius Fifth,

in order that they might not be visited in matters touching curas

and ministers of souls; and that the bishops had no jurisdiction

over their ministries. I began, in fulfilment of the aforesaid,

the visitation on the twenty-fourth of the past month of June, at a

ministry in charge of the Order of St. Francis, in the suburbs of

Manila. Proceeding to the visit, I found so much resistance from

the religious missionaries, both on reading the edict, and when I

happened to request them to open the sacristy in order to inspect the

casket of the most holy sacrament, that it was necessary to order that

under censure, and that was not sufficient to make them agree to my

request. Accordingly, I declared and announced that the minister of

that mission was excommunicated. For the time being I contented myself

with that effort, with which, in order to avoid scandal, I returned

home, with the intention of asking aid from this royal Audiencia.

But the said minister regarded the ecclesiastical censures and his

prelate as of so little moment, that his subsequent action was just

as if he had not been excommunicated and denounced. In a general

procession that this cathedral made to the chapel of Nuestra Señora

de Guia, for the happy arrival of the ships that we were awaiting

from Nueva España, in which were the royal Audiencia, cabildo, city,

and orders--all aware of the event of the previous day, for even the

most secret thing is known in a city so small--all were universally

scandalized. Consequently, my provisor, in order to avoid that scandal,

was obliged to order the said minister to leave the procession, and not

to furnish the bad example that he was setting by showing contempt for

ecclesiastical censures. As he refused to leave, the provisor removed

him from the procession, ordering the fiscal of this archbishopric

to follow him until he ejected him from the procession. As it was a

matter that concerns, and is dependent on, the visit, all the orders

were so angry over it that, speaking through the mouth of the Order of

St. Francis, they elected as judge conservator a friar of St. Dominic,

the rector of this college of Manila, in order to avoid any further

attempts in the said visit to the ministries of the orders. The judge

conservator, without informing me of any apostolic letter or brief of

his Holiness pertaining to the said conservatorship, posted decrees

next day in the churches and public places, declaring the said provisor

as excommunicated and as fallen into the penalties of the clause _si

quis suadente Diabolo_ ... I continued to prosecute the cause of the

visit, and, having found the said minister guilty, I requested aid in

order to proceed against him, and, until he should become obedient,

to keep him confined in one of these convents of Manila.

The royal Audiencia voted that there was at present no occasion

for the said aid. Thereupon I issued an act, in which I abandoned

the visit until I could give an account to your Majesty--to whom

I enclose a testimony of everything with this letter, and with it

another testimony of the act of the royal Audiencia in regard to the

case against my provisor, whom the judge conservator tried to arrest,

and for which he requested aid, which the auditors refused him.

I have written your Majesty this relation in order to comply with your

orders to inform you of what should be done in this, and so that you

may see the freedom with which the religious proceed in this country,

confident that they are the greatest part of the community; and that

having, as they do, so great influence in all these provinces which

they administer, they must succeed with whatever they undertake,

even creating a judge conservator, contrary to the ruling of the holy

council and the royal will of your Majesty. That is so true that they

proclaimed in Manila that if the archbishop proceeded with the visit,

they would place him on the list as excommunicated, and would not

absolve him until he should go to their convent of St. Dominic to

beg absolution. I might easily have proceeded with the visit, Sire,

but I preferred to be chidden as remiss, than not to have those great

scandals muzzled which were represented to me to be inevitable if

I went to law with these religious. And speaking with all truth, it

seems to them a case of less value than that any Indian or Spaniard

should imagine that there is any power in these kingdoms greater than

their own. May God preserve the very Catholic person of your Majesty,

with the increase of new kingdoms and the happiness of those that

you possess, as Christendom has need, and as we your Majesty's humble

vassals and chaplains desire.

Manila, August first, one thousand six hundred and twenty-two. [20]

_Fray Miguel Garcia Serrano_, archbishop of Manila.

_Regulations concerning the visits of religious_

The King. Inasmuch as I have considered it advisable to order to be

given, and gave, one of my decrees of the following tenor:

"The King. Inasmuch as there have been many differences in regard

to the manner in which the religious of the mendicant orders who

have missions of Indians in their charge in Nueva España, are to

be visited by their prelates, and whether it is advisable that they

possess missions; and inasmuch as various decrees have been despatched,

some of which have been carried out, but others, because of finding

some trouble in the execution, have not been observed; and desiring

to end those quarrels and establish the form most advisable for the

service of God and for mine: I ordered that, the papers that treat of

that matter having been collected, what had been done in that matter

be examined in an assembly of ministers and other experienced and

educated persons. The assembly having conferred on the matter, and

advised me of their opinion, I have considered it best to determine

and order, as I do by this present, that, for the present, and until

I order otherwise, the said missions remain to, and be continued by,

the religious as hitherto; and there shall under no consideration be

any innovation in that matter; and the assignment and removal of the

religious who are curas, whenever it may be necessary, shall be made

by my viceroy of those provinces, in my name, the latter observing

in those appointments and promotions the form, together with the

conditions and circumstances, with which it is done in the kingdoms

of Pirú; and it is my will that the religious be not admitted to the

exercise or to the service of the said missions, or that they receive

the emoluments of them in any other manner. I also order that the

archbishop of those provinces may visit the said religious in what

refers to the ministry of curas and to nothing else--inspecting the

churches, the sacraments, the chrism, the confraternities, their alms,

and everything pertaining to the mere administration of the holy

sacraments and the said ministry of curas. He shall go to make the

visit in his own person, or shall assign or send for this duty such

persons as he shall choose and find satisfactory, to those districts

where he cannot go in person, or where there is no occasion for his

aid. He shall employ correction and punishment whenever necessary,

strictly within the limits and exercise of curas as above stated, and

nothing further. In respect to personal transgressions in the morals

and lives of such religious curas, the latter shall not remain subject

to the said archbishops and bishops, so that these may punish them

through the visits, even though under pretext that they are curas;

but, on having notice of such matters, they shall, without writing

or drawing up processes, secretly advise their regular superiors of

such persons, so that the latter may correct the wrong. In case that

the latter should not do this, then the former might make use of the

authority given them by the holy council of Trent, in the manner and

in the cases when they can and ought to act in regard to religious

who are not curas. In this instance I order that they have recourse to

the said my viceroy, who shall appoint them and who can remove them,

to represent to him the causes, so that it may be done as has been

and is done in Pirú. And inasmuch as the said religious, in regard

to the jurisdiction, are not endeavoring to acquire any right for

the perpetuity of the said missions; and since by the aforesaid the

ordinary jurisdiction is not annulled in cases that conform to law

and to the holy council of Trent: it pertains to the superiors to

try the causes of the religious. That must and shall be understood,

without any prejudice to the ordinary jurisdiction and the right of

my patronage. I order all the above to be thus observed and executed

inviolably by my viceroy, archbishop, bishops of Nueva España and

all other persons whom its fulfilment concerns, notwithstanding any

other orders whatever that may exist to the contrary. Such I revoke

and declare null and void. Given in Madrid, June twenty-two, one

thousand six hundred and twenty-four.

_I The King_

_Juan Ruiz de Contreras_"

And in behalf of the archbishop of the metropolitan church of the

city of Manila in the Philipinas Islands, I have been requested to

be pleased to declare whether the decree of November fourteen of the

former year six hundred and three is to be observed in those islands,

in regard to the manner in which the said religious missionaries

are to be visited; or whether the visit is to be exercised with the

limitation and in the form contained in the new decree which was given

to Nueva España. The matter having been examined in my royal Council

of the Indias, I have considered it fitting to give the present. By

it I order that everything contained in the decree herein inserted

be observed and obeyed by my governor, archbishop, and bishops of

those islands, and by all other persons whom it concerns, exactly

as is contained in it, for such is my will. Given in Madrid, August

fourteen, one thousand six hundred and twenty-four. [21]

_I The King_

By order of the king our sovereign:

_Juan Ruiz de Contreras_

CONFLICT BETWEEN CIVIL AND RELIGIOUS AUTHORITIES

_Case that happened in Manila in the year 1623, in regard to a fugitive

who was taken from the church_

Juan Soto de Vega, whom justice was prosecuting for having stolen

a large sum of money from the ship which was coming from Mejico to

Filipinas, had taken refuge in the asylum [_sagrado_] of the cathedral

of Manila. Desirous of escaping from the prosecution of the secular

tribunal, he tried to get to Eastern or Portuguese Yndia in the month

of December. He begged permission from the provisor and vicar-general,

Don Pedro Monrroy, that he might be taken from the cathedral and kept

in the ecclesiastical prison; and they actually kept him there, but

with guards and in confinement, until the Portuguese boats left for

Yndia. Then they returned him to the cathedral, where he remained for

the space of eight months, until an auditor took him violently from

the church on the fifth of September, 1623, and took him to the public

prison. There he, in company with another auditor, tortured Juan de

la Vega until they broke his arm, which caused a great public scandal.

The provisor began to take steps in defense of the ecclesiastical

immunity. He demanded the criminal, and publicly declared the auditors

to be excommunicated, threatening to place them under interdict, unless

they would return the prisoner to the church. After the time-limit had

expired, the interdict was imposed. The auditors, on the other hand,

despatched a letter and a second letter to the provisor charging him

to lift the censures and interdict, under penalty of banishment and a

fine of 2,000 ducados, unless he did that in the time-limit that they

assigned him. As he did not fulfil the command, they despatched the

court constable, with soldiers, to look for the provisor in order to

arrest him. They registered all the house of the archbishop, and the

house of the provisor himself, sequestered his goods, broke off the

locks of the cupboards and writing-desks, and ransacked his papers, but

did not find him, for he had hidden in the convent of the Augustinians.

The archbishop (against whom the proceedings were directed), seconded

by the public opinion, which was contrary to the auditors, summoned

Doctor Don Juan de Renteria, bishop of Nueva Segovia (who was then

in Manila), and various religious, prebendaries, and lawyers, and

assembled or formed a council to discuss what ought to be done in such

a case. The opinion of all was that the auditors were legitimately

excommunicated, and the interdict rightly imposed; and that the

ecclesiastical immunity ought to be sustained, and satisfaction

demanded for the scandal by returning the fugitive to the church.

While that meeting was being held, the auditors despatched a royal

mandate, which they said was given by Don Felipe, to the archbishop,

ordering him not to retain Don Pedro de Monrroy as provisor, as he

was exiled from the kingdoms, to absolve the excommunicated, and lift

the interdict--under penalty, if he did not do so, of banishment

and a fine of 2,000 ducados. The archbishop replied, demanding a

testimony of the cause and the corresponding acts [of the Audiencia],

in order to determine what he should do. But the auditors sent him

another royal decree, warning him that he would be considered to have

incurred the said penalties if he did not immediately lift the censures

and interdict. Since the archbishop held firm, the auditors sent the

chief court constable, together with the actuary of the Audiencia and

thirty pikemen under command of an adjutant, at four in the afternoon

on that same day, in order to take charge of the episcopal residence,

with orders not to permit any one to leave it or anything to be taken

from it.

At this juncture, the rector of the Jesuit college and others advised

the archbishop to raise the censures _ad reincidentiam_ [_i.e._,

"until a repetition of the offense"], and the interdict for one week,

since they thought that the auditors would return the prisoner. That

was done, and the archbishop requested the opinion in writing of the

orders and learned persons, which they gave him--with the exception

of the Dominicans, who excused themselves. The archbishop, seeing

that the auditors not only did not do what was promised, but even

issued another decree to arrest and expel the provisor, called another

meeting, at which the Dominicans had no part. In that meeting it was

decided to defend the ecclesiastical immunity, and that two individuals

of the assembly should go to talk with the auditors in the name of

the assembly, and notify them that the prisoner must be returned, or

else the archbishop could not raise the censures or interdict. Two

Jesuits went, and the auditors replied to them that they would not

desist or turn back. The interdict was immediately imposed again,

and the auditors were publicly declared to be excommunicated.

A Jesuit, who was a friend to the governor, advised him to take a

hand in the matter in order to cut short such scandals. The result

was that the governor decided to see the archbishop at the residence

of the Society, in order to discuss the most suitable method. The

interview was held, but without result. Another interview had the

same result. Meanwhile it was decided to appoint two arbitrators,

one from each side. Doctor Jolo was appointed for the auditors, and

Father Juan de Bueras, [22] rector of the residence of the Society

of Jesus, for the archbishop. They agreed that the prisoner should

be returned to the episcopal prison, and that each side should desist

from their claim in what was accomplished.

When the time came to execute the agreement of the arbitrators, the

auditors put difficulties in the way. But, since at the same time

it happened that the provisor, as commissary of the holy crusade,

had drawn up acts against the auditors for the violation of his

house and tribunal, against which there was no recourse by force in

these islands; and since, on the other hand, the governor demanded

from them the record of all that had been done (separating himself

from them, as not being a lawyer) in order to inform the king:

they resolved to form an assembly without the governor, and voted

that the prisoner should be returned to the ecclesiastical prison,

while the ecclesiastical judge was investigating whether the church

was protecting him, which was what the archbishop claimed.

The victorious provisor left the residence of the Society, and with

great pomp, and, accompanied by a mass of people and by his ministers,

drew the prisoner from the public prison and took him to his own. The

interdict was raised, to the chime of the bells of all the churches.

The auditors begged to be absolved in their houses, but the archbishop

refused, saying that since the scandal had been public, the absolution

also must be so. However, absolution was given in his house to one

who was sick and who was less culpable; as well as to another by the

influence of the Dominicans, who obtained that it be given him by

the parish priest.

SEMINARY FOR JAPANESE MISSIONARIES

In the city of Manila, on the twenty-third day of July in the year

one thousand six hundred and twenty-four, the honorable president and

auditors of the royal Audiencia and Chancillería of these Philipinas

Islands, in whose charge is the government thereof, declared that

[they have resolved upon this measure] in view of the fact that Señor

Don Alonso Faxardo de Tenga, formerly governor and captain-general of

these said islands, and president of the royal Audiencia, undertook

to found a seminary [and] college where Japanese should be educated,

instructed in religion, and taught, so that when they had received holy

orders they might go to the kingdom of Japan and preach and instruct

there in our holy faith, after the manner and likeness of the English

colleges in the kingdoms of España, and other Christian countries--for

which purpose he designated space and locations for a church, house,

and garden in the unoccupied land outside the walls of the said city;

and for the income and maintenance of the said seminary [and] college

he designated and applied the income from the passage and navigation

from this city to the port of Cavite, and the monopoly of buyo, bonga,

[23] and tobacco, which he ordered to be established by a royal decree,

which, to this purpose, was despatched in the name of his Majesty

on the twenty-ninth of January of this present year. By this it was

commanded that no person should make use of the said passage, nor of

the carriage and sale of the said buyo, bonga, and tobacco, excepting

those who hold it in lease for the said college and its administrators,

or those named by them for this purpose, under the penalties which

are imposed upon them by the magistrates. From this have resulted

great discontent and scandal in all ranks of this commonwealth, and

particularly among serious persons therein, both ecclesiastical and

lay--who, being moved by zeal for the service of God our Lord, and of

his Majesty, and for the prosperity and preservation of these islands

and the citizens and natives thereof, have made representations of

the many difficulties resulting from the aforesaid grant, not only

in sermons which have many times been preached in regard to this, but

likewise by information and declaration to the judges and ministers of

his Majesty, that they might aid in procuring relief therein, as it

is a thing so important for the royal service. For the establishment

of the said college and seminary was accomplished at a time when

the king of Japon so rigorously prohibited the preaching of the holy

gospel in his kingdom, as is explained in the said royal decree; and

[his resentment] had reached such an extreme that, when ambassadors

were despatched in the past year to negotiate on behalf of these

islands for friendship and good understanding with the said king,

he showed himself to be so ill disposed against them that he did

not allow the said ambassadors to enter his court during the eight

months and more which they passed in his kingdom, seeking an audience

in order to give their message and embassy. According to the letters

and relations received, his resentment was the result of having found

certain religious in his kingdom in secular clothes, and of having

learned that they had been brought from these islands to his land in

disguise and secretly. On this account, and in order to prevent them

from entering Japon, he has ordered all Spaniards who are in his said

kingdom to leave it, and has forbidden and discontinued traffic, and

he will not consent that Japanese ships come to these islands, as they

used to come, to bring provisions and other military stores for the

royal warehouses; this can only result in the ruin of this country,

on account of the lack which this may cause in its armament, trade,

and maintenance. If the king of Japon, who has already ordered that

religious cannot dwell in his kingdom, by not consenting to allow

Spaniards in it, as has been said, should get word that Japanese

are being educated and instructed in the said seminary, to go and

continue the said preaching, it is certain that he must experience

even greater displeasure and annoyance, and adopt more strenuous

measures to stop all communication and passage from these islands to

his said kingdom. As a result, the Spaniards will suffer the greatest

need through the want of provision which is brought to these islands

from there. It might even be the cause that he would unite with

the Dutch enemy, whom he admits peacefully into his said kingdom,

and that they would come with a great number of troops and vessels

against these islands, and cause great losses to them, as we have no

forces sufficient to resist them successfully. On this account it is

expedient to use prudent measures and acts, and not to continue this,

which in all certainty, and evidently, as is generally known by all

the religious orders and serious persons of this city, must result in

harm to the service of God and of his Majesty, and in notable loss to

this commonwealth--both because the said seminary cannot bring about

the good results claimed for it, on account of the little inclination

of the Japanese for it, and the different objects which it is presumed

have been aimed at by it; and because in this case the argument does

not exist that holds good in other kingdoms and parts where there

are colleges of the English and other foreign nations. For, if those

peoples are irritated by the religious instruction and teaching of

the persons who are gathered in the said colleges, there are forces

to resist them; but through this seminary they might cause greater

injury than the said nations are doing without it. As for the location

which was designated for the said seminary, although it was, as has

been said, in the unoccupied land outside the walls of this city,

it appears to have been selected and set aside in the Plaza de Armas

here, close by the village of Laguio, where they have commenced to

erect a building and pillars of stone, contrary to what his Majesty

directed by his royal decree of the sixth of March of the year one

thousand six hundred and eight, which is as follows:

"The King. In consideration of the fact that a relation has been made

to me on behalf of Hernando de los Rios Coronel, procurator-general of

the Philipinas Islands, to the effect that when the uprising of the

Chinese Sangleys occurred there, there were, about the walls of the

city of Manila, many buildings from which the Sangleys did much damage

to the walls thereof, until they were destroyed; and to prevent this

difficulty for the future, Don Pedro de Acuña, my former governor and

captain-general of those islands, commanded that no buildings should

be erected within three hundred paces from the wall of the said city,

in its entire circuit, and begged me, considering that this was so

expedient as he had given me to understand, in order that the said city

should be provided with the necessary defense, and protected from the

past dangers, that I should be pleased to have this confirmed, or do

as might be according to my pleasure. Having examined it in my royal

Council of the Yndias, the said order which the said Don Pedro issued

has appeared to me to be very effective, as is said. Accordingly it is

my will that this be observed and fulfilled, as exactly and punctually

as if it were issued by myself; and, in fulfilment thereof, I order

that neither now nor at any time shall any building be erected within

the said three hundred paces about the said wall of the said city of

Manila, since this is expedient for my service and for the security

and defense of the said city. Done at Madrid, on the sixth of March

of the year one thousand six hundred and eight.

_I The King_

By order of the king, our lord: _Juan de Civiza_"

All the aforesaid procedure is contrary to this decree. Besides,

the district and place where the said seminary building has been

commenced are the lots which have been seized and taken away from the

owners who possessed them, the houses which they had built upon them

being removed or torn down, in order to make the said Plaza de Armas;

nor have they thus far been paid for, nor has any satisfaction been

given to the owners. Accordingly, if the said lots were not necessary

for the purpose for which they were taken, they should be returned to

their owners as land and property which pertain and belong to them,

and no work or edifice should be erected thereon until they be paid and

satisfied. As for the income which is appropriated for the work, its

maintenance, and the prosecution of the building for the said seminary,

it was contrary to the rules of justice and to the laws of the kingdom,

and greatly to the prejudice of this whole commonwealth and the Indian

villages in its neighborhood; for the voyage and navigation from this

city to the port of Cavite--as it is not a river passage, but a bay

and an arm of the sea, which may be crossed with all sorts of vessels,

both large and small--cannot be reduced to the status of a private

route and profit, on account of the loss which this would cause to so

great a number of persons as possess the said vessels, and use them to

carry and convey merchandise and other sorts of articles from this city

to the said port. And especially it will cause this loss to the native

Indians of this city and of the villages of Laguio, Mahar, Meytubi,

Dongalo and others of this coast, who will be deprived and prevented

from using the vessels which they ordinarily possess to carry and

convey to the said port persons, merchandise, and other things; and

if this profit be hindered they will have nothing wherewith to sustain

themselves, and will not be able to pay his Majesty the royal tributes,

nor aid in other impositions and personal services. The same losses

will be increased by granting a monopoly of the said buyo, bonga, and

tobacco--not only for the neighboring villages but even for provinces

where it is collected and brought to this city; for their natives

have no other source of income which would be to them so important

and profitable as the gathering, carrying, and sale of buyo, bonga,

and tobacco, and if this were stopped they would be reduced to the

greatest poverty and want. That would make it impossible for them to

succeed in paying the royal tributes, impositions, repartimientos, and

other consequences of the service of his Majesty; and to the citizens

and the people of various nationalities who dwell here, for whom the

said commodities serve as food and sustenance, there would be caused

expense and inconvenience, as has already been seen by experience, for

even without the said monopoly being erected, but merely projected and

intended, the said buyo, bonga, and tobacco have risen and increased in

price, so much that the cost at present is twice what it was before,

and at the time when it was decided to erect the said monopoly--which

not only is of the fruits of the land, and articles which the said

peoples use for their sustenance, but likewise is prohibited by

equity and the laws. Consequently, looking for the greatest service

to God and his Majesty, the growth and preservation of these islands,

and the welfare and comfort of the citizens and natives thereof, they

[_i.e._, the president and auditors] declared that they would revoke,

and they did revoke, the said grant with everything therein contained;

and that they would declare it, and they did declare it, to be null

and of no force and effect. And they declared that they would notify,

and they did notify, each and every magistrate of his Majesty, that

each one of them, in his jurisdiction, in so far as may concern him,

shall not consent to the use of the said monopolies, or of any one

of them, on the part of either the said seminary or of any other

person with a lease-title therefrom, or in any other manner, who may

employ and make use of the said grant; but on the contrary they shall

proceed to the punishment of such, who shall be in their jurisdiction,

as against persons making use of a title and right not pertaining to

them. And as for the said edifice and its demolition, it shall be

entrusted to the captain-general, so that he, when he has examined

it, and found that it is within the said three hundred paces about

the walls, shall have it demolished and razed, until it be put in the

state in which the said Plaza de Armas had been before, and at the time

when the said edifice was commenced, in such manner that the purpose of

the command of his Majesty in the said royal decree shall be complied

with. A royal decree in conformity with this act shall be despatched,

and shall be cried publicly in the customary districts and places,

so that knowledge thereof may come to all. And, by this their act,

they decree and command accordingly, and have signed their names.

_Doctor Don Alvaro de Messa y Lugo_

Licentiate _Don Juan de Saavedra Valderrama_

Licentiate _Don Mathias Delgado y Flores_

Before me:

_Pedro Alvarez_

Don Phelipe, by the grace of God king of Castilla, of Leon, of Aragon,

of the two Çiçilias, of Hierusalem, of Portugal, of Navarra, of

Granada, of Toledo, of Valencia, of Galicia, of Mayorca, of Sevilla,

of Cerdeña, of Cordova, of Córcega, of Murcia, of Jaen, of the

Algarves, of Algeciras, of Gibraltar, and of the Canaria Islands,

and of the Eastern and Western Yndias, islands and mainland, of the

Ocean Sea; Archduke of Austria, Duke of Borgoña, of Bramante, and

Milan; Count of Arpspug [_i.e.,_ Hapsburg] and of Flandez, of Tirol,

and of Barcelona; Seignior of Viscaya and of Molina, etc. [Here the

royal decree quotes in full the foregoing act of the royal Audiencia

beginning: "In consideration of the fact that Don Alonso Faxardo de

Tença," etc., down to "but likewise is prohibited by equity and law."]

Wherefore, looking for the greatest service to God and myself, the

increase and preservation of the said islands, and the welfare and

comfort of the citizens and dwellers therein, after examination by my

president and auditors of the royal Audiencia and Chancilleria of my

said Philipinas Islands, in whose charge is the government thereof,

through the death of my governor, Don Alonso Fajardo de Tença, it

was agreed that I should revoke, as by these presents I do revoke,

the said grant and everything therein contained, and I declare it

null and of no force and effect. And I command all my justices and

ministers that each one of them in his jurisdiction, in so far as

concerns him, shall not consent to the use of the said monopolies or

any one of them, on the part either of the said seminary or of any

other person with a lease-title therefrom, or in any other manner,

who may employ and make use of the said grant; but on the other hand

they shall proceed to the punishment of such, who may be in their

jurisdiction, as against persons making use of a title and right not

pertaining to them. And as for the said edifice and its demolition,

it shall be entrusted to the master-of-camp, Don Geronimo de Silva,

captain-general, likewise of the artillery of my said islands, so that

when he has examined it, and found that it is within the said three

hundred paces about the walls of the city of Manila, he shall have it

demolished and razed until it be put in the state in which the said

Plaza de Armas had been before, at the time when the said edifice was

commenced, in such manner that the purpose of my royal command in my

royal decree shall be complied with. And this, my letter and royal

edict, shall be publicly cried in the customary districts and places,

so that it may come to the knowledge of all. Given in the city of

Manila, on the twenty-fourth of July of the year one thousand six

hundred and twenty-four.

_Doctor Don Alvaro de Messa y Luga_

Licentiate _Don Juan de Saavedra Valderrama_

Licentiate _Don Matthias Delgado y Flores_

I, Captain Pedro Alvarez, chief secretary of the government and

department of war of these Philipinas Islands for the king our lord,

have had this written by his command with the decision of his president

and auditors.

Registered by Don Juan Sarmiento.

_Chancillor Don Juan Sarmiento_

In the city of Manila, on the twenty-fourth of Jury of the year one

thousand six hundred and twenty-four, was published this decree in

conformity with the provision therein, in loud and intelligible words,

by the voice of Augusto de Navarrete, public crier, in front of the

gate of the Audiencia hall, and on the corner where resides Captain

Antonio de Xérez Montoro, and on the site of Bagun Bay, outside the

walls--Captain Martin de Esquival, sargento-mayor, Geronimo Enrriquez

Sotelo, and many other persons being witnesses. To this I certify:

_Pedro Alvarez_

I, Captain Pedro Alvarez, sargento-mayor of the government and

department of war of these Philipinas Islands, at the command of

Señor Doctor Don Alvaro de Messa y Lugo of the council of his Majesty,

and his auditor in the royal Audiencia in these islands--who, as the

senior auditor, fills the office of president thereof--have ordered

to be drawn, and have drawn, this copy of the act and royal decree,

the originals whereof remain in my possession; and this is certain

and true, corrected and compared with the said original, to which

I refer. Witnesses at its correction and comparison were: Captain

Lopez de Olaiz, Sargento Pedro Delgado, and Martin de la Rroca,

citizens and residents of this city of Manila, where this is dated,

on the fifth day of the month of August of the year one thousand six

hundred and twenty-four.

_Pedro Alvarez_

[_Endorsed_: "Copy of the act and royal decree which were published

revoking the grant which was made to the seminary [and] college for

Japanese, of a monopoly of buyo, bonga, and tobacco, and the passage

to the fort of Cavite."]

EXTRACT OF A LETTER FROM THE ARCHBISHOP TO FELIPE IV

10. The chief argument that induced his Majesty Philippo Second,

our sovereign, to reëstablish in these islands, during the term

of Don Francisco Tello's government, the royal Audiencia which he

had suppressed some years before, was in order that the governors

might not be so absolute in regions so remote and so far separated

from his royal presence, but that there might be a superior arm to

restrain them, without allowing extortions on the innocent. That is a

most pious act, and one experienced by all this community during the

time of that sovereignty and superintendency in all things pertaining

to justice, government, and war. If your Majesty be pleased to have

it restored and reëstablished with the majesty and power with which

it was founded, it will be of great service to God and your Majesty,

and the consolation and relief of your vassals. For it is certain that

three or four men view a cause which does not concern them with more

impartial eyes than does one man who is sole and absolute, who is at

times governed by passion, and consequently blind in what he orders

executed. Although it be said that demands for justice may be made in

the residencia--as if the poor man who suffers in person, property,

honor, and at times in his life, would appear at the residencia; and,

even if he were alive, could go to obtain satisfaction at that court

[_i.e._, of Mexico], or have method or means to do so, even though

his grievances were enormous and cried out to the heavens--well do

I know that there are testimonies in that royal Council (since they

have been sent from here) that say the contrary. But I equally affirm

this to be the truth, as, to my positive knowledge, it actually

occurs--more true than I would indeed wish, for it would be well

if these things did not happen. And since this royal Audiencia has

no more authority than at present, to suppress it will be of great

service for your Majesty, and even necessary, as the poor auditors

are as much annoyed and molested as are other private persons. What

is worse, your Majesty's authority has been seen humbled by so many

nations who know that this Audiencia immediately represents your royal

person. It will be less troublesome for us private persons to suffer

than that so great authority be seen in such decay. I petition your

Majesty to be pleased to have the importance of a matter of so great

moment considered, as may be most fitting to your royal service.

It is a fact that this city of Manila, both at the instance of the

governor and by its own action, has caused representations to be

made in that royal Council, that this royal Audiencia should refrain

from making appointments in which the children and relatives of the

auditors occupy the best offices of war, without ever having fired

an arquebus in their lives. These men become captains at one stroke,

to the grievance of the old soldiers who have served, just as if your

Majesty had not provided for this by making such men incapable of

offices--in which intention, I consider, enter the offices of justice

and war. However, even though it is not agreeable to them, it should

be so understood; and if your Majesty be pleased to order this to be

declared, and that favors and rewards for services can be expected

only from your royal hands, this difficulty would be remedied. For I

avow that it is vastly prejudicial, since, when a man has an auditor

to defend his causes, and those inclined to him favor those causes,

his negligence comes to be rewarded. In a matter of war, the present

condition of things very often is wont to be of irreparable damage,

as we in these islands have experienced on various occasions. [August

15, 1624.]

ROYAL ORDERS REGARDING THE RELIGIOUS

_Regulating their privileges_

The King. Inasmuch as the king my sovereign and father (whom may holy

Paradise keep) was informed that the religious who resided in the

Philipinas Islands, busied in the instruction and conversion of the

Indians, were meddling in things that did not concern them, he ordered

Gomez Perez das Mariñas, then governor and captain-general of the

Philipinas Islands, or the person in whose charge the government might

be--by his decree, dated June eleven, of the former year five hundred

and ninety-four--not to allow the religious to have prisons or jails,

or to make arrests or condemn, unless they have commission from the

bishop for the things in which he can give it in accordance with law;

or not to appoint as fiscals others than those whom the bishop might

assign them, together with other declarations contained in the said

decree. Afterward the king my sovereign and father, who is in glory,

by another decree dated May six, six hundred and fourteen, ordered

the aforesaid to be obeyed and observed, according to its contents,

without violating or exceeding its tenor and form, as is contained

more at length in the said decree and its reissue, which are of the

following tenor:

"The King. To Don Juan de Silva, my governor and captain-general of

the Philipinas Islands and president of my royal Audiencia of them,

or the person or persons in whose charge may be their government:

The king my sovereign and father, who is in heaven, ordered to be

issued and gave the decree of the following tenor:

"'The King. To Gomez Perez das Marinas, my governor and captain-general

in the Philippinas Islands, or the person in whose charge may be the

government of them: Inasmuch as I have been informed that the religious

who reside in those islands, busied in the instruction and conversion

of the Indians, meddle in matters that do not concern them, I order you

not to allow them to have prisons or jails, or to arrest or condemn,

unless they be those who have commission from the bishop for those

things in which he can give commission in accordance with law; that

they do not appoint or have other fiscals than those assigned them by

the said bishop; and that they take no fees for burials, marriages,

or baptisms, other than according to the appraisement and declaration

of the said bishop. And inasmuch as I have been informed that they

have proceeded in the exercise of their privileges, with an excess

prejudicial to the suitable progress of the instruction, and that it

would be advisable to declare what privileges be conserved and what

revoked, in order to remove confusions and doubts--for they confess the

Indians without the bishop's authorization, and, although not curas,

perform marriages, which is in direct violation of the ordinance in

the holy council of Trent, incurring risk that the confessions and

marriages are invalid: I order you likewise that you shall communicate

with the superiors of the orders, and command them to examine the said

privileges; and, unless they have such privileges, not to proceed in

the matters here specified, because of the doubts and scandals that

may result. Given in Madrid, June eleven, one thousand five hundred

and ninety-four.

_I The King_

By order of the king our sovereign:

_Juan de Ibarra_'

"And now it has been represented to me on the part of the archbishop

of that city that none of the contents of the said decree are observed

or obeyed with the exactness that would be fitting and expedient to

the service of God and to my service. He petitioned me to order that

it be strictly observed, as a remedy for the troubles that arise

from it. Inasmuch as it is my will that this be done, I order you

to observe, and to cause the said decree above inserted of the king

my sovereign and father to be obeyed and observed, exactly according

to its contents and declarations, without violating or exceeding in

any part of it. This I shall regard with approbation; but by the

contrary I shall consider myself as disserved. Given in Madrid,

May six, one thousand six hundred and fourteen.

_I The King_

By order of the king our sovereign:

_Don Juan Ruiz de Contreras_"

And now Don Juan Çevicos, treasurer of the metropolitan church of

the city of Manila of the said Philipinas Islands, has informed me

in the name of the archbishop of the city that, petition having

been made in behalf of Licentiate Don Diego Barquez de Mercado,

while archbishop of the said church, and of the suffragan bishops,

in my royal Audiencia of the said city, for the execution of the said

decree, because it was not observed by the religious of the Order

of St. Francis, and an edict to that effect having been despatched,

the provincial of the said order was notified. He--under pretext

of two other decrees of the sixteenth of March of the said year

six hundred and fourteen, despatched at the petition of the said

religious because they had represented that the said archbishop had

tried to make innovations in the missions by appointing fiscals in

them (as in fact he did do, so that information should be made of

what had been done in this), and that in the meanwhile no innovation

or change should be made in what had been the usual practice at the

time when he entered the said archbishopric--opposed the said edict,

and petitioned that the said decree of the sixteenth of March, six

hundred and fourteen, be observed. The same was done by the other

orders in the said islands. After the cause had been prosecuted in

the said Audiencia, after some questions and answers, it was ordered

by an act lately issued, on the first of August the past year, six

hundred and twenty-two, that the said decrees be observed and obeyed,

and that notice be given to the president, governor and captain-general

of the said islands and to the said archbishop, as was done, so that

they might investigate on what was ordered and charged to them. The

determination in the said cause was sent to my royal Council of the

Indias. Until other provision should be made, there was to be no

innovation and the execution of the said edict was to be suspended,

as was evident and appeared by the testimony of the records, which was,

in accordance with the above said, presented and examined in the said

my Council. I was petitioned to order that the commands of the said

decree of June eleven, five hundred and ninety-four, and its reissue

of May six, six hundred and fourteen, above inserted, be executed; and

that, in accordance with them, the said archbishop and bishops should

appoint and name the said fiscals--as pertains to them, in accordance

with law--and try judicially the crimes and causes of the said Indians;

and that the said religious, who arrest and punish them, as appears,

[should not do this]. Having been examined by the members of the said

my Council of the Indias, it was agreed that I ought to order this

my decree to be given. Therefore I desire, and it is my will, that

the above decrees, above inserted (of June eleven of the said year

five hundred and ninety-four, and May six, six hundred and fourteen),

be observed, obeyed, and executed exactly according to their contents

and declarations, notwithstanding the contents of the said decrees

of March sixteen of the said year six hundred and fourteen, ordering

that the said archbishop make no change in the usual practice in the

appointment of fiscals, and that the said governor investigate. And,

since this is necessary, I render those decrees to be null and void,

and without effect. I order the president and auditors of my royal

Audiencia of the said islands not to violate or exceed the contents

of this my decree, or consent that they be violated or exceeded, now

or henceforth, and in no manner. On the contrary, they shall give

the protection and aid that may be necessary for its execution and

observance. This I shall regard with approbation. Given in Madrid,

August thirty, one thousand six hundred and twenty-four.

_I The King_

By order of the king our sovereign:

_Juan Ruiz de Contreras_

Signed by the members of the Council.

[_Endorsed_: "In order that the decrees above inserted, ordering that

the missionaries of the Filipinas Islands have no prisons or jails;

that they may not condemn, except those who have commission from the

archbishop; and that they appoint no other fiscals than those whom

he shall assign them; notwithstanding the decrees that were given

ordering no innovation in the former practice, be followed in the

appointment of the said fiscals."]

_Letter to the archbishop_

The King. Very reverend father in Christ, archbishop of the

metropolitan church of the city of Manila in the Filipinas Islands. The

letter which you wrote me on the thirteenth of August of last year,

1623, has been received and considered in my royal Council of the

Indias. In regard to your statement that, on account of the haste in

which were sent from Mexico the ships which arrived that year at those

islands with assistance, the archbishop did not send you the papers

for convening the council, and that you therefore did not carry out

your plan for doing so, but that the necessary measures for it would

be taken this year: I command you, on receiving the despatches, to

execute the orders contained therein with the care and punctuality

that is desirable, and that I expect from you.

I appreciate the diligence which you exerted in preventing the

attempt to nominate for provincial of the Order of St. Augustine a

person who did not possess the qualifications which are necessary and

requisite. You should always be on your guard against such things, and

attempt to preserve the desirable peace and concord among the orders.

You advised us that it was necessary to have some ecclesiastical person

to be charged with the guardianship and the mode of governing the

seminary of Santa Potenciana, and to examine the persons who are to

live there. It was resolved to order the president of the Audiencia,

jointly with you, to inform us of what takes place, and that in the

meantime you were both to join in providing the most effective way

of administering the said seminary, with regard to both the persons

who enter it and those who leave it, with this justification, that

it be necessary. Accordingly, you will endeavor, for your own part,

to have these orders executed.

Your statements regarding the foundation that was being established

so that the youths of those islands might be graduated without going

to the university--which foundations were to be under the patronage

of the most pure conception of Mary most holy, our Lady--have been

considered, and you may proceed.

As to your proposition that my royal exchequer in those islands should

be inspected, the necessary provisions have already been made.

You advise us that in the execution of the measures contained in the

decree of August 9, 1621, you have warned the heads of the orders that

they shall not receive in those islands the religious from Yndia,

and that you caused several clerics to embark who arrived at that

city from that country. You will continue to do so, fulfilling your

orders contained in this memorandum.

The other points mentioned in your letter have been considered,

but answers to you are not yet ready. [Madrid, October 3, 1624.]

_I The King_

Countersigned by Juan Ruiz de Contreras.

_Ordering the correction of abuses against the Indians by the

Dominicans_

Don Phelipe, by the grace of God, king of Castilla, Leon, Aragón,

Jerusalem, Portugal, Navarra, and the Indias. To the reverend and

devout father-general of the Order of St. Dominic: It has been learned

from letters received and examined in my royal Council of the Indias

from Don Alonso Faxardo de Tenza, my governor and captain-general of

the Philipinas Islands, and president of my royal Audiencia resident

therein, that, although the religious of the Order of St. Dominic who

reside there are most exemplary and protect their parishioners so well,

it generally results that there is anger at their encomenderos, and

they do not attend to the affairs of my service as is advisable. On

the other hand, the Indians consider the treatment received from the

religious as severe, for they do not allow even the women to wear

shoes, while they force the men of the province of Nueva Segovia to

guard the church in rotation and turn. For whatever annoyance the

Indians cause them, they question them with regard to the Christian

doctrine, and their questions exceed those that persons with more

reason and education can answer. And thereupon, if they fail in the

least to meet these requirements, the religious have the chiefs and

their wives whipped, and cut off their hair. That has resulted in

causing among the Indians so great resentment that the insurrection

of the Indians that occurred may be attributed to that. Inasmuch

as that is a matter in which it is advisable to apply a remedy;

and inasmuch as the harsh treatment practiced by the said religious

toward their parishioners has appeared excessive, and not in harmony

with what they should do, since their purpose in going to the said

islands is to instruct and teach the natives in the articles of

our holy faith, and with all love and mildness, because they are,

as is a fact, people without reason and so newly converted (for

which reason it is so expensive to my royal revenues, from which

everything necessary is given): I request and charge you to give

what order is advisable so that the aforesaid evils be remedied,

as may be most necessary to the religion that they profess. What

remedy you shall furnish, you shall send to the said my Council,

with all haste, so that it may be remitted to the said islands;

for if that be not done with the promptness required by the case,

the relief that seems most effective will [not] be applied. Madrid,

November twenty-seven, one thousand six hundred and twenty-four.

_I The King_

Countersigned by Joan Ruiz de Contreras, and signed by the Council.

[_Endorsed:_ "To the father-general of the Order of St. Dominic,

directing him to remedy the excesses, committed on the Indians by

punishing them, by the religious of that order, who have missions

in Philipinas."]

EARLY RECOLLECT MISSIONS IN THE PHILIPPINES

_Extracts from the Following Works, Covering the History of the

Missions to 1624:_

_Historia general de los religiosos descalzos del orden de ... San

Avgvstin_. Fray Andrés de San Nicolas; Madrid, 1664. (pp. 396-510.)

_Historia general de los religiosos descalzos del orden

... S. Augustin_. Fray Lvis de Iesvs; Madrid, 1681. (pp. 1-61.)

_Historia general de Philipinas_. Fray Juan de la Concepción;

Manila, 1788. (Tomo iv, pp. 189-265; v, pp. 32-100.)

_Sources_: The first and second of these are obtained from copies

belonging to Edward E. Ayer, Chicago; the third, from a copy in the

possession of the Editors.

_Translations_: The matter herein presented is translated and

synopsized by James A. Robertson.

EARLY RECOLLECT MISSIONS IN THE PHILIPPINES

GENERAL HISTORY OF THE DISCALCED AUGUSTINIAN FATHERS, BY FRAY ANDRES

DE SAN NICOLAS [24]

Decade II

Chapter V

_Now the second provincial Chapter is held. The mission to the

Philippinas Islands is effectively discussed. The college of Zaragoça

and the convent of Pedroso are founded. Reference to the life of

Sister Polonia de los Santos_.

_Year 1605_

[At the second provincial chapter meeting of the Augustinian

Recollects, held in April, 1605, at the convent at Madrid, father

Fray Joan Baptista de Vera was chosen provincial. At that chapter

meeting, the question of the rules of the young order was taken up,

with other business. After the conclusion of their business the

convention dissolved, "while father Fray Joan de San Geronimo [25]

was effecting his passage to the Indias, with his good companions"

(pp. 396, 397).]

_First mission of our religious to the Philipinas Islands_

To his arduous labor in the formation and growth of the poor discalced

Augustinians, the first provincial [_i.e._, Fray Joan de San Geronimo]

gave a heroic end by beginning the very observant province of San

Nicolàs [26] de Tolentino, in the islands adjacent to Asia which we

commonly call Philippinas....

[A short narrative of the early discoverers follows, and the beginnings

of the Augustinian missions. That order proving inadequate to cope with

the immense number of the infidels, the other orders are also given

a part in their conversion. But the need of other laborers is still

felt, and King Felipe II assents to the petition of Fray San Geronimo

"to go to the Indias with twelve associates to preach the gospel, in

that part that he should deem best." King Felipe "immediately decreed

that he should get ready to go to the Philippinas Islands, and ordered

his ministers to give him the despatches immediately. The noted and

pious father had the despatches in hand before the celebration of

the chapter, where after it was called to order, he presented there

the decree, which received prompt obedience."]

The memorial of this circumstance is found in the old register,

and is in the following form: "May first, one thousand six hundred

and five, while the very reverend fathers were in session, etc. Our

father Fray Joan de San Geronimo, outgoing provincial of this province,

presented certain royal letters of the king our sovereign, and of his

royal Council of the Indias, in which his Majesty gives permission to

the said father Fray Joan de San Geronimo to take twelve religious

to the Philippinas Islands to preach the holy gospel, and to found

monasteries of our holy order in those Philippinas Islands. Having

examined and read them, the expedition seemed to us to be one

of great service to God, and we, the entire body of definitors,

resolved that it should be undertaken accordingly; and that all the

documents and authority necessary should be given to him so that he

should go as superior and vicar-provincial of the said Philippinas

Islands; that he may found monasteries there, and in all parts of the

Indias--with the following proviso, namely, that he shall not have

more authority than that which this province shall give him; and that

those houses that shall be founded there, and the religious in them,

shall always be subject to the father provincial who is, or shall be,

over this province. He shall always correspond with the latter, and at

each chapter held they shall send the elections of vicar-provincial

and priors, and the acts that they shall pass, so that the father

provincial of this province may confirm them, or refuse to confirm,

as he shall deem best. Advice shall be given of all the deceased

of those houses, so that the office may be performed for them, at

the time when the elections of the vicar-provincials shall be sent,

etc." Then, lower in the roll of those elected--or in the catalogue,

as we commonly call it--one reads at the end the words that follow:

"As vicar provincial of the Indias, we nominate the venerable father,

Fray Joannis de Sancto Hieronymo, and assign to him fourteen religious,

who shall always be subject to this provincial of this province of

Hispania." This arrangement having been made (which was made by the

intervention of the royal decrees that were despatched at Valladolid,

April three of that year, and which contained, in fact, the permission

for such, and general authority to found as many convents there as

the new Augustinian Recollect missionaries were able and desired;

to which were added other messages touching spiritual matters which

the pontiff's legate generously conceded), the father provincial, Fray

Joan Baptista, decreed the issue of his warrant, on May two. In this

document, after mentioning that he was ordered and commanded by the

king, and also by the said legate, to send the said father as superior

of the religious, who were about to set out for the help of those who

were occupied in the vineyard of the Lord, in the cultivation of those

islands, the father provincial entrusted to him all his authority,

without reserving anything whatever; but with the conditions that we

mention, in the records and other minutes which are generally made

on such occasions, the permissions that are despatched.

The father vicar-provincial had already chosen his workers, men like

himself. They were among the choicest and best men that the Reform then

had in their convents. They were as follows: Fathers Fray Andres de

San Nicolàs, who was called de Canovas, an apostolic man, and a great

preacher in word and deed; Fray Miguel de Santa Maria, a most exemplary

man, and devoted to the rigorous life; Fray Geronimo de Christo, [27]

very austere and observant; Fray Pedro de San Fulgencio, a capable

and very clever man for all things; Fray Diego de la Anunciacion,

[28] adorned with very singular virtues, and regarded as a saint;

Fray Rodrigo de San Miguel, [29] most keen-witted and erudite in

all learning; Fray Francisco Baptista, a penitent to excess, and

regulated by conscience; Fray Francisco de la Madre de Dios, most

zealous for the discalced, and for the welfare of his brethren; Fray

Andres del Espíritu Santo, a religious, although very young, very

modest and retiring. [30] The father superintendent also chose four

other religious, lay brethren, who were of use and a great credit to

the Reform, on the voyage, and at the time when they came, whose names

are as follows: Fray Simon de San Joseph; Fray Joan de San Geronimo;

Fray Geronimo de la Madre de Dios; and Fray Joan de San Guillermo. They

all assembled in Madríd on the fifteenth or sixteenth of May. Thence

they left for Sevilla, and from there went later to San Lucar. They

were detained there until they could embark in one of the ships of the

Nueva España trading-fleet, which set sail from the great bay of Cadiz,

July twelve, and commenced its voyage happily. The zealous missionaries

were going, very full of God, and consequently did not abate one point

of their observance, fulfilling their religious obligations as if they

were in the most retired house of those which they had left behind in

their province, notwithstanding that they were going in the midst of

the traffic and excitement that seem to be inevitable in sea-voyages,

and more so in so long ones as are those of the Indias. They did not

discontinue the two hours' mental prayer or the choral divine office,

at their proper times, and the silence, fastings, and discipline. If

they were given any moment from those holy exercises, they employed

it in preaching, and in caring for the sick. They cared for and served

the latter with what they needed, and as well as they could. They did

not content themselves only in their own ship, for when good weather

and the quiet of the sea permitted, they went in the small boat or

lancha to the others, in order to console and confess those in need of

it. They gave them wholesome counsels, and encouraged them to serve

God our Lord as they ought. By such course they succeeded in gaining

great credit and esteem. The commander himself always approached them

with his flagship to salute them, and to ask after their health,

and whether they needed anything, while he commended himself very

earnestly to their petitions and prayers. He visited them in the island

of Guadalupe with the great following of his men, charging to them

the prosperous outcome of the fleet. Finally they reached the port of

San Juan de Lua, September seventeen, with the rejoicing common to

those who sail, and especially on those seas. They disembarked and,

after having rested for some little time, they took the road; this

they moderated by stopping several days in La Puebla de los Angeles,

[31] as guests of our calced fathers, where they received the friendly

reception and love that that province has shown to the discalced very

often because their beginning was in that form.

Since the strictness of that convent was then extreme, it lit up in

great measure the devotion and modesty of ours, the will of all going

well alongside the rare mildness of their customs. The more serious

inmates of the house did not fail to praise the humility, poverty,

and circumspect behavior of our fathers; and consequently not a few

of them were determined to follow their purpose and accompany them on

that holy undertaking, and to enjoy so good examples. They requested

this from the father commissary, but he, being so exact in matters of

attention and courtesy, excused himself prudently, in order not to

anger the prelates of the province; and, besides, because he had no

order from the king, nor any subsidy with which to pay the expenses of

any more persons than he had brought from España, although he esteemed

the desire that they showed to aid him. He went immediately to Mexico,

leaving the fathers of La Puebla very enamored and sad. They were

received in that magnificent city with kindness and extraordinary

devotion by the most learned father, Fray Diego de Contreras--to

whom was given, after a few years, the church of Santo Domingo, the

primatial church of the Indias. He was then professor of rhetoric in

the noted university, and rector of the college of San Pablo whose

venerating community went out to meet them in solemn procession and

with pomp, when they entered their gates. The learned master gave

proof of his ardent charity in his hospitality and cordial kindness,

making them very happy. He prepared a room for them, in which they

remained, where they received all comfort and aid, until the father

vicar-provincial rented a comfortable house, into which he and his

subordinates, and the brethren whom he had with him moved, in order

not to give occasion for so much ceremony and so many compliments;

hoping for the near opportunity to depart for the port of Acapulco.

That one--although formerly a secular lodging, now a very strict

convent--could rival the most famous monastery in the matter of

observance; for, giving themselves to continual prayers, rigorous

fastings, harsh mortifications, and severe penances, all of them were

opposing themselves to the best of their ability in the war against

the flesh. They did not leave the house unless summoned for some work

of charity, such as to confess or to preach, which they performed

very willingly, and to the profit and good of souls. They voted

unanimously not to strive to obtain for themselves or for others,

under any pretext, in person or through others, any offices within

the order, or out of it--in order to give, as was actually seen,

a solid foundation to the province which they afterward erected so

humbly. Their rigid mode of life there was bruited through the city,

and the most noble and the wealthiest, with simple earnestness, asked

them to remain. Some of such persons offered to endow their house,

and others to contribute very ample alms. They begged our fathers at

least to leave them the number sufficient to give a good beginning to

the convent that they desired to establish. The master, Fray Diego de

Contreras, whom we mentioned above, was aiding and encouraging those

arguments, promising that they would become discalced, and that he

would carry forward our Institute, [32] with his great authority and

power, in that kingdom. Father Joan de San Geronimo was tempted by

those pious offers of generosity, but he did not deceive himself; for

many souls would have been lost if he had desisted from that opportune

and holy voyage, or if he had lessened the number of the helpers whom

he took with him--who were but few for the abundant harvest that they

set about gathering, as we shall note with the lapse of years, in the

manner in which it occurred. Accordingly, having closed his ears to all

the proposed advantages, he undertook to go to the port at the end of

that year, where we shall leave him continuing with his observance of

rules and pious devotions on the roads, although these were horrible,

as if he had been in the most comfortable and most quiet convent of

all those which he had lately left well established in España.

[The remainder of chapter V is concerned with matter that does not

touch the Philippines, namely, the founding of the college of Zaragoza,

that of the convent of Pedroso, and the life of Sister Polonia de

los Santos.]

The Philippine Islands, 1493-1898 — Volume 21 of 55 1624 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century. · 第 1 / 6 章