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Documents of 1637–1638
Remonstrance of Augustinians against the alternativa

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Sire:

In fulfilment of your Majesty’s commands and of the obligation that rests upon us as your Majesty’s loyal vassals and humble chaplains, we have every year rendered account to your Majesty of the progress made by this province of Philipinas of our father St. Augustine; and [have told you] how the religious of the province—whom your Majesty has sent to these regions, at the cost of his royal estate, for the conversion of these peoples and the direction of those who are converted—are and have been occupied, with the utmost solicitude, in fulfilling their obligations and your Majesty’s command by gathering rich fruits, both spiritual and temporal.

It is now eight years,1 Sire, since this province received a brief from his Holiness Gregory Fifteenth of blessed memory, that was obtained improperly, through the efforts of the religious who are in this province who are born in these regions. In it his Holiness ordained that all the elections among the said religious, from that of provincial to that of the most petty official, should be shared between the religious of these regions and those who have come from España at your Majesty’s cost. The execution of this decree was impossible, because the number of the said religious who were born in these regions was much less than that of the offices which, it was ordained, must be conferred upon them. On this account, appeal was made to his Holiness, who was more clearly informed [about the matter]. Nevertheless, these letters have caused great commotions in the order itself and in the community; for many persons in the colony, on account of being kindred of the religious of this country, and many others who, like those religious, were born here, have taken up the cause as their own—thinking that they are thus defending their native land. This is a difficulty that may give rise to many others; and these provinces have during all this time suffered many anxieties and losses, as will appear from the reports which we are sending to your Majesty with this letter. This year it pleased our Lord that another brief should come, from his Holiness Urban Eighth, which revoked the former brief of Gregory Fifteenth. It was sent to the archbishop of this city of Manila, so that he might—as the truth of the allegations made in Rome by the father-general of our holy order was evident—annul the former brief, and leave the elections of this province in the liberty which our constitutions provide, without any discrimination between nationalities. We gave many thanks to our Lord for the favor that He had granted us; for, with this second brief, we promised ourselves the peace and quiet that are necessary in order that we all may more freely occupy ourselves in our Lord’s service, and in fulfilling the purpose for which your Majesty was pleased to send us to these lands. But such was not the case; for the archbishop was angry (according to what we can understand of the matter) because in the former year of 35 we followed the cathedral church, during his absence, in the observance of an interdict which he had laid on this city—a proceeding which he greatly resented because, he said when he returned to this city, the interdict had not been raised by his order or with his consent. Now, as this business has come into his hands, he is giving us many opportunities for gaining merits; and although the narration made in the brief is so accurate and truthful that there is nothing more evident, he has displayed his cognizance of it by reducing it to the terms of an ordinary litigation, and has made plain his intention, which is to exceed the commission that his Holiness gives him in the brief—to the very considerate prejudice and injury of this province and of the observance of our holy constitutions. By his conduct the opposition that we have thus far suffered from lay persons born in these regions has been continually stimulated—to such an extent that Don Sebastian Hurtado de Corcuera, the governor of these islands, saw that he had reason to fear some bad ending to such beginnings; and therefore, with the prudence and carefulness which he displays in all matters concerning his government, he suppressed the disturbances which were being stirred up.

We do not know, Sire, how this will result, although we strive in all things to possess our souls in patience; and we trust to the justice of the governor of these islands, that he will protect us in all that our just claims and rights shall permit. For we can have only this consolation in the present emergency, that violence is threatened against us; and that the protection which the governor of these islands has extended to your Majesty’s vassals in such cases, and his defense of the royal patronage, have been the occasion of the commotions and troubles which have occurred in this city during these last two years. For if the archbishop had chosen to avert them he could have done so, without losing anything of his jurisdiction, or failing to meet the obligations of a vigilant prelate.

Accordingly, we entreat your Majesty not to give entire credit to all the reports about this matter that are written to your Majesty from this country; for we know how persons regard our affairs at present, and that many are ruled by prejudice, and not by the facts in the case. The same risk is run in other matters, for there never was a judge who could please all persons. What we can assert and certify to your Majesty is the great zeal which Don Sebastian Hurtado de Corcuera has always displayed in the service of God and your Majesty, and in the increase of the royal estate. For in his own life he sets an example to the most devout religious; and in his personal attention to the duties of his offices he continues without being turned aside to anything else. His actions are guided by the law of God and the service of your Majesty. He is vigilant in preventing all offenses against God, and in military discipline. It seems as if our Lord has aided him, in consequence of this; for it is in his time that these islands of your Majesty, and your vassals, find themselves in a condition of peace, without being harassed by so many enemies as neighboring nations have—who have inflicted on them so much damage through many previous years, with pillage, fire, murder, and captivity. And as the most powerful enemy was the king of Mindanao, last year the governor went in person to punish him in his own kingdom; and he conquered that king and gained possession of two fortresses, the most important that he had, with many cannons, muskets, and other fire-arms. From this campaign the arms of your Majesty have gained much reputation, and all the enemies of these islands are intimidated; while the vassals whom your Majesty has in them are more established in their obedience. If that fortunate victory had not occurred as it did, there might have been much reason to fear for the allegiance that the peoples of these islands owe to your Majesty. And Don Sebastian deserves that your Majesty bestow upon him greater rewards, since in more important posts the services which he can render to your royal crown will be greater. May our Lord guard your royal person, granting you the prosperity which your Majesty’s many realms ask from God, and of which they have need. Manila, September 9, 1637. Your Majesty’s chaplains, who kiss your royal feet,

Fray Juan Ramirez, provincial.

Fray Cristobal de Miranda, definitor.

Fray Geronimo de Medrano

Fray Alonso de Caravajal

Fray Juan de Montemayor

Fray Manuel de Errasti

Relation of events in the Philipinas province of the Order of St. Augustine, and of the effects caused therein by the letters of his Holiness Gregory XV in which he commanded that the elections for offices, from the provincial to the most petty official, should be made alternately between the two parties—one, the religious who took the habit in España and came to these islands for the conversion of the infidels and the direction of those who are converted; the other, the religious who have entered the order in the Indias.

This province of Philipinas of the order of our father St. Augustine has enjoyed, from the time of its foundation at the conquest of these islands, the utmost peace in its ordinary government; and it is by virtue of this that it has accomplished so great results in the service of the two majesties [i.e., God and the king of Spain]—being always occupied in the conversion of these peoples, and in the direction of those who are converted; and devoting so much care to the fulfilment of its obligations, even when the results of their labors made their devotion so manifest. In this state the order was maintained, making great progress in the gain of souls, until the year 29, in which this said province received a brief from his Holiness Gregory XV, in which he commanded that the elections in the province, from that of provincial to that of the most petty official, should be made alternately between the religious who had come from España at the cost of his Majesty, and those who had entered the order in these regions. The brief was laid before the province;2 but it had been obtained by misrepresentations, and its execution was impossible because the religious who had taken the habit in the Indias were very few, numbering less than one-third as many men as were the offices which the said brief commanded to be given to them. For these reasons, the province appealed from the execution of the decree; but, although this appeal was so just and so conformable to law, the judge whom they had appointed to execute the decree3 refused to allow it, declaring that we were publicly excommunicated. Afterward, the royal Audiencia here, to whom we had recourse with a plea of fuerza, declared that the judge had committed it against us in not allowing the said petition and appeal, that it might go before his Holiness. Then the judge, compelled by the royal Audiencia, admitted the said appeal, and set a time when it should be brought before the authorities at Roma. In order to serve better the interests of this province, we appeared, through our procurators, within the allotted time at Roma, and furnished official statements presented by us, with all due solemnity.

But this was not sufficient to make the religious who took the habit in the Indias cease from disturbing the peace of the province; for they appointed, in the year 35, another judge to execute the said brief. He undertook to establish his judicature by proceeding against us with harsh and violent acts, and caused us much anxiety; for he was aided by nearly all the lay persons of this colony who were born in these islands, who took up this cause as their own. They caused many disturbances, and used language so offensive that they obliged the honorable and well-intentioned people of this city to come to our defense. This was done by the bishop of the city of Santísimo Nombre de Jesus in Çubu, who was then governing this archbishopric; for as judge of the ordinary he demanded from the said judge-executor the documents by virtue of which the latter had erected a tribunal within his territory.4 Under the compulsion of censures and pecuniary fines, the said judge-executor gave up the documents; and his Lordship, having examined them, declared that they were not sufficient.5 This declaration was supported and favored by Don Juan Cereço de Salamanca, who was at that time governor of these islands; and he also interposed the superior authority of the office which he filled, to calm and quiet in their beginnings these commotions—which threatened, if they should increase, much greater troubles. They were quieted for the time; but in the following year, 36, those religious again nominated another judge6 to execute the said brief, who began to carry out this commission with even greater violence than the two former judges displayed. His conduct was such that we could not protect ourselves, although we protested that this cause devolved upon his Holiness; and we offer here the authentic testimony of our statement presented in course of appeal, the tenor of which is as follows:

“By this present public instrument be it known to all that in the year of the birth of our same Lord Jesus Christ, 1631, the fourteenth indiction, the twenty-ninth day of March, and the eighth year of the pontificate of our most holy father in Christ and our lord Urban VIII, by divine Providence pope, the reverend brethren of the Order of Saint Augustine resident in the province of the Philippines, who made their profession in Spain, have proceeded against the brethren similarly resident in the same province, who were received into the order in the Indias. As filed in my office, etc.

“To the petition in the memorial and brief as presented, the reverend father Master Peter Ribadeneira,7 assistant [general] for the Spains and procurator for the Indias [or Philippines], made answer as follows: That his clients were not bound thereto, inasmuch as the said ordinances could not be carried into effect by reason of impossibility, since the brethren who were given the habit [of the order] in the Indias are fewer in number than the offices [or positions] to be filled [by the same]; wherefore the decree de alternativa8 cannot be complied with in the conferral of the said offices. Moreover, that the said brief was obtained without a hearing of his clients, and therefore is surreptitious, besides being contrary to truth in that the charge was made therein that a sedition had taken place among the [brethren]. Wherefore protest has been entered that no further steps be taken unless by [due process of law], etc.

“Whereupon I the undersigned, a notary-public, have been requested to have made and drawn up one or more public instruments in reference to all and singular the above, according as may be needed or demanded.

“Done at Rome in my office, etc., of the Rione del Ponte,9 in the presence and hearing and cognizance of Don Bernardino Pacheto10 and Don Jacobo Francisco Belgio, fellow-notaries and witnesses, especially called, requested, and summoned to all and singular the above.”

We also present an original letter from the general of our order, and another from the father assistant of the province of España, in which they tell us how his Holiness had already revoked the said brief; also another letter, from the procurator of this province at that court [i.e., Madrid], in which he notified us that he had presented the brief of revocation in the royal Council of the Indias. But, notwithstanding these letters, the religious who had taken the habit in the Indias persisted all the more in persuading their judge to hurry forward the legal proceedings and to urge on the acts of violence which he was executing against us; and in this importunity, and in the opposition which the said religious made to the letters and advices of the general and of the assistant in the Spanish provinces, was admirably displayed the obedience and respect that they have for their superior. At this juncture also arose disturbances made by the relatives of the said religious, occasioning many scandals; and the friars, encouraged by the support which these people gave them, could not be corrected within the convent, and disturbed it to the utmost. They made promises to the lay brethren to ordain them as priests in order to draw these into their following; and so far did they go that all of them together sallied out from the convent one morning—the second day of August in last year—more than two hours before daylight, and carried with them the doorkeeper and three lay brethren, leaving the gates of the convent open. Roaming through the streets at those hours, with very great scandal, they went where they chose until daylight; and then they went to the palace, where they presented themselves before the governor of these islands, Don Sebastian Hurtado de Corcuera—demanding, under pretext of desiring freedom to prosecute their just claims, that he shelter them under the royal patronage, take them out of the [Augustinian] convent, and assign them another where they could reside. The governor, with the prudence and great zeal which he displays in all the affairs of his government, rebuked them for this proceeding, ordered that the provincial be summoned, and charged him to take the religious back to the convent, but to treat them kindly; and, although recognizing the serious nature of their act, he requested the provincial not to punish them for it, and the latter acted in accordance with the governor’s wishes.

But those religious continued to cause much mischief and trouble, and there was reason to fear other and greater difficulties. The procedure of the judge was so violent that he went so far as to issue an act in which he represented the preceding [session of the] chapter as nugatory, and commanded the provincial, with penalties and censures, to surrender within two hours the seal of the province, so that it might be given to the person on whom the said judge should see fit to bestow it. They delayed notification of this act to the provincial until sunset, so that he could not reply within the time set; and as soon as morning came, they declared that he had incurred censures. The governor of these islands, as your Majesty’s lieutenant, interposed the authority of his office; and thus were prevented the great injuries that were beginning outside the order—and, within it, the disturbance and schism which had begun. This was done by means of an act issued by the judge, in which he suspended the former act, and decided that the trial of this cause should be deferred for forty days before the [next] chapter-meeting. Therewith this province remained in peace and quiet,11 and all the religious attended to their obligations—until the arrival, in this year of thirty-seven, of the bull for this province, passed by the royal Council of the Indias, in which our most holy father Urban Eighth revoked the brief for the alternativa; its tenor is as follows:

“Since, however, it has lately been reported to us by our beloved son, the prior-general of the order12 of the brothers hermits of Saint Augustine, that in the aforesaid province nearly all the brethren of Spanish blood of the said order resident therein were sent to those countries at the expense of our very dear son in Christ, Philip, the Catholic king of the Indias, in order that they might labor for the conversion of heathens and the instruction of converts; that moreover in the province and order of the aforesaid brethren in those countries there are very few [brethren] known as creoles [criolli], who are fit for the charge of those peoples: Therefore in the letters presented as inserted ahead, in view moreover of the fact that it is impossible to have the law carried out since the creole brethren are not numerous enough to fill the aforesaid offices with the care of souls attached thereto, an appeal has been taken to us and to the apostolic see to have the said decrees set aside. Hence the said prior-general has humbly petitioned us of our apostolic kindness to make due provision in the premises.

“Therefore hearkening to the petition of the said prior-general, desirous moreover of rewarding him with especial favors and graces [we hereby,] in order that these presents alone be carried into effect, do absolve him and declare him thus absolved from whatsoever excommunication, suspension, interdict, and other ecclesiastical sentences, censures, and penalties incurred by law or individual court, should he in any manner have been entangled thereby; moreover through these presents we charge and order your fraternity that, should the petition be grounded on truth, you interpret benignly and recall the letters inserted ahead, to the end that by our apostolic authority the elections for the future be free, in accordance with the constitutions of the said order, the same as if the letters inserted ahead had not been issued. The same letters inserted ahead and all other things to the contrary notwithstanding.

“Given in Castel Gandolfo13 of the diocese of Albano, under the seal of the Fisherman, the eighteenth day of May, the year one thousand six hundred and thirty-four, and the eleventh year of our pontificate.”

This entire clause appears inserted in the brief, after the relation which is made therein of the brief which his Holiness Gregory XV issued in favor of the alternate elections—which is the one which his Holiness [Urban VIII] revoked by the said letters, as appears by them. We presented this brief to the archbishop of Manila, to whom its execution came committed, with the cognizance of the clause si preces veritate nitantur;14 and with the said brief the attorneys for our cause presented three certified statements by the provincial and definitory of this province, drawn from its books, and sworn to and signed by all. In one of these statements is contained the number of the religious in this province who took the habit and made profession in the kingdoms of España. Of these there are ninety-three, among whom are two youths graduated in theology; ten lecturers in arts and theology; thirty preachers who completed their studies in the realms and universities of España, and in that country received their diplomas as preachers; and twenty-four preachers who came to these islands before they completed their studies, and received that title in these provinces. In another statement is contained the number of the religious in this province who have taken the habit in the Indias; these are thirty-three. Six of them should be excluded: two of these are of Portuguese nationality, sons of the Congregation of Yndia—who, by a decree of his Majesty, and the decision of a full definitory of this province, are commanded to return to their own congregation. Two others are prevented from saying mass—one by old age, and the other by having been insane more than fifteen years. Another is of Japanese nationality; and the sixth is a mestizo, son of a Portuguese father and a Japanese mother. At the foot of this memorandum is a declaration by the definitory that there are other persons on the list therein who are disqualified, legally and by our constitutions, from holding offices in our holy order—whom, if it should be necessary, they will make known. In the third certificate is contained the number of offices that this province furnishes; there are eighty-four of these, in which must be counted the sixty-six convents of the order which are residences of ministers, and three others which are communities. The archbishop accepted these certified statements, and commanded, by an act which he issued officially, that the two religious who acted as attorneys for the religious who had taken the habit in the Indias should be notified of these statements; and that when they had examined and understood the papers, they must declare under oath whether these were authentic and legal, and if they had anything to add to them. After the said attorneys had examined and understood them, they declared that the statements were accurate and truthful; and likewise, by a juridical act of his Lordship, the same notification was made to seven or eight other religious of the same faction of the Yndias, who also under oath declared that the statements were accurate and truthful. Notwithstanding this evidence, the archbishop began to allow petitions from the said attorneys for the party of the Yndias, in which they promised to furnish evidence that the narration made in the said brief was false—saying that the word paucisimi [i.e., “very few”], which is in the said brief, signified no more than two or three; and that the words inepti ad administrationem populorum [i.e., “not fit for the charge of those peoples”] meant unfitness of the intellect; and they endeavored to prove that they were competent and capable for the offices that the province had. The religious of España opposed this, evidence, saying that such was not the signification of those words; for paucisimi was understood with respect to the offices, and inepti ad administrationem populorum meant lack of strength in their numbers—as farther down the same brief explained it in the words: Quod dicti patres in numero suficiente apti non sint, and oficiorum prefatorum distributione.15 And as for the arguments adduced at Roma when this matter was presented in course of appeal—which were stated in the testimony, as is most clearly evident—those religious did not oppose these allegations, or many others which were made to his Lordship. To him were also presented several protests against the injuries which this province, in their general opinion and belief, had to suffer, and, as many individuals of their number thought, difficulties which might arise from furnishing the said information, as a reason why his Lordship might fail to accept this statement of the case. These difficulties appear, and in fact have begun to make trouble with persons outside of the order. The religious of España saw this; and they knew that the witnesses who gave their testimony in the case could not have knowledge of all the religious in this province who have taken the habit in the Yndias, nor of their qualifications, nor for what offices they were suitable according to our constitutions; moreover, they heard that it was certain that the said fathers of the Yndias faction were representing and alleging their own suitability [for those offices]—the purpose of these efforts being to establish by them new pretensions in the two courts [of Madrid and Roma], and with those representations to cause fresh disturbances and uneasiness in this province. To obviate this mischief, and to make clear and evident the justice in the claims of both sides, and to prevent gossip by persons outside of the order regarding the qualifications of the religious, the fathers of Castilla presented a petition in which was inserted a memorandum of the religious in this province who belonged to the Yndias faction; these are thirty-three, the same as those mentioned in the certified statement of the definitory that was presented earlier. Constrained by necessity and the strait in which they found themselves, the fathers of España testified, under oath and in legal form, in what manner fifteen of the religious mentioned in the said petition were disqualified or disabled, by law and the constitutions of our order, for holding official positions in the order. They also demanded that, of the eighteen who remained, the attorneys of the Yndias faction should declare, for each separately and in detail, what learning and competency he possessed; whether he had been a student in any course of science or arts, and where and at what time; for what offices in the order he was competent, according to our constitutions; and in which of the four provinces which this province [of St. Augustine] administers—in which it is necessary to know the Tagál, Pampanga, Ylocan, and Bisayan tongues, which are all different languages—each of those religious was a minister. [They were also asked to name] those who had sufficient fluency in the language to preach the gospel and declare the mysteries of the faith to the Indians; and whether there were any religious of their faction who were qualified to be preachers in this convent of Manila and in other Spanish towns and convents; whether there were any such religious capable of teaching arts and theology (both moral and scholastic), or of deciding the difficult questions that are wont to arise regarding the administration of the sacraments in the provinces. The fathers of Castilla stated that, when the truth of these matters should be ascertained, they were ready to make concessions, without the necessity of a formal investigation; and that in matters where there was any doubt, they would have the religious appear before his Lordship [the archbishop], so that before him and the professors of the two universities of this city, or before the superiors of the religious orders, they might be examined by the official examiners of this province, and their qualifications be made evident. They have made no reply to this request, and we fear that the archbishop will not oblige them to answer it—inasmuch as in the number of the said eighteen religious not eight will be found who can in strictness be considered qualified to hold an office cum cura animorum [i.e., “with the care of souls”], and not one for positions as professors or preachers in this city of Manila, while only two are well versed in cases of conscience.

The affair remains in this condition, and we do not know how it will end; for in this country justice and law do not secure, to one who seeks justice, the attainment of his object. Done at this convent of St. Augustine in Manila, on the tenth of September, in the year one thousand six hundred and thirty-seven.

Fray Juan Ramirez, provincial.

Fray Cristobal de Miranda, definitor.

Fray Geronimo de Medrano

Fray Alonso de Carabajal

Fray Juan de Montemayor

Fray Manuel de Errasti

1

As Gregory died in 1623, the despatch of this letter must have been long delayed at Rome or en route.

2

See chapter xlii of Medina’s history of the Augustinian order, in Vol. XXIV of this series; also Diaz’s Conquistas, pp. 384–386.

3

This was the archdeacon Alonso García de Leon.

4

Pedro de Arce (himself an Augustinian), who twice filled vacancies in the archiepiscopal see of Manila.

5

It is curious that Diaz does not mention this; but he states (Conquistas, p. 385) something omitted here—that Archbishop García Serrano interfered in like manner with the judge-executor of 1629 in this case, García de León. Diaz may have given wrong names and dates for the one incident.

6

This was the new archdeacon, Andrés Arias Xirón (Diaz’s Conquistas, p. 385).

7

Presumably Pedro de Ribadeneira, a Spaniard of Toledo; he was provincial of Castilla, and assistant to the general of the order. About 1635 he was sent by Felipe IV as his ambassador to the duke of Modena and the republic of Lucca; afterward he was named by the king bishop of Cotrone (the ancient Crotona), Italy, but declined this honor. He died on August 20, 1643; and left various writings.—Rev. T. C. Middleton, O.S.A.

8

There is frequent mention in canon law of alternativa decrees by the Holy See—a device in the interests of fairness, applied in the conferral of benefices and church offices, in order to do away with discords and displays of partisanship. Thereby in elections the preferments, etc., were to go to the opposite party, according at times, to very singular rules, applicable, for instance, according to the month wherein the said benefice fell vacant. The usage of the “alternation” was introduced in the time of Pope Martin V. (A.D. 1417–1431.)

The text of the present document concerns the extension of the alternativa rules to the Augustinians in the Philippine Islands, by force of which the offices in the order (distributed in provincial chapters every four years) were to be conferred one term on religious born in Spain, and the next on religious born in the Indias. The latter were known as Creoles (crioli)—thus in the Constitutions of the order, of 1685, where reference is made to decrees of Gregory XV, dated November 29, 1621 (confirmed by Urban VIII in 1628), with regard to elections of the brethren in Mechoacan, in Mexico. As the alternativa held in Mexico and South America—in fact, in Spanish colonies everywhere—these same papal decrees were presumably observed in all those colonies. Later, in Mexico, the statutes of the Augustinians required that in provincial chapters religious of Spanish blood should be chosen alternately with those of Indian, in the election of provincials, definitors, priors, and other officers; but this plan did not operate very satisfactorily.—Rev. T. C. Middleton, O.S.A.

9

The name (Latin, regio pontis), of a ward in the city of Rome.

10

So in MS., but an improbable name; more likely to be Pacheco.—Rev. T. C. Middleton, O.S.A.

11

Diaz here says (Conquistas, p. 385): “The fathers from the provinces of España interposed an appeal from the fuerza [committed] by this act, saying that the said judge had not authority to postpone the matter, but only to execute [the decree]; and from this proceeded continual disputes until the time for the chapter-meeting.”

12

The prior general of the Augustinians in 1634, the date of this bull, was Jerome de Rigoliis, of Corneto, elected May 18, 1630; he died (out of office, however) seven years later, in June, 1637, at the age of seventy and upwards. In 1636 (May 10), his successor in the generalship, Hippolytus dei Monti, was elected.—Rev. T. C. Middleton, O.S.A.

13

Castel Gandolpho, a beautiful place in the Alban Hills, was the summer resort of the supreme pontiffs.—Rev. T. C. Middleton, O.S.A.

14

i.e., “should the petition be grounded on fact.”

15

i.e., “because the said fathers are not qualified in sufficient number,” and “in the distribution of the said offices.”

The Philippine Islands, 1493-1898. Volume 28 of 55

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