Читать книгу The Philippine Islands, 1493-1898. Volume 28 of 55 - Unknown - Страница 6

[The following laws governing religious in the Philippines are taken from Recopilación leyes de Indias, lib. i, tit. xiv.]

Law XXX

Inasmuch as some of the religious who minister in the Filipinas Islands are accustomed to go to China without the proper orders, leaving the missions which are in their charge, whence follow many troubles and losses to what has been commenced and established in the instruction and education of the Indians because of the lack that they occasion, we charge the superiors of the regulars in the Filipinas Islands not to allow any of the religious of their orders to go to China, or to abandon the missions in their charge, without the special permission and order of the governor and archbishop, which shall expressly state that such religious is not going in violation of this law; and great care and vigilance shall be exercised in this. Further, we order that the religious who shall go to the said islands at our cost, and who are assigned to live there permanently, shall not go nor shall they be permitted to go to the mainland of China, or to other places, without permission from the governors and archbishops, since we send them to fulfil our obligation to impart instruction to our vassals. No lay Spaniard shall give them a fragata or ship’s supplies without our special order, or the permission of the governors and archbishops, notwithstanding any privileges that they may urge.27 [Felipe II—Barcelona, June 8, 1585; Toledo, May 25, 1596; Felipe IV—in the Recopilación.]

Law XXXV

We order our viceroys of Nueva España to give license for the preaching of the holy gospel, the conversion and instruction of the natives, and for everything else that is usual, to the discalced Carmelite religious whom their order shall send from Méjico for that purpose to the Filipinas Islands, Nuevo-Méjico, and other parts; and in order that those religious may be encouraged and incited to serve our Lord in that apostolic labor, the viceroys shall protect and aid them as far as possible. [Felipe II—Madrid, June 9, 1585.]

Law XXV

We charge the provincials, priors, guardians, and other superiors of these our kingdoms and of those of Nueva España not to prevent or obstruct the voyage of the religious who, after receiving our permission, undertake to go, together with their commissaries, to engage in the conversion and instruction of the natives of the Filipinas Islands. Rather shall they give those religious the protection and aid that is fitting. [Felipe II—Monzon, September 5, 1585.]

Law XXIX

In consideration of the expenses incurred by our royal estate in the passage of religious to the Filipinas Islands, of the need [for religious] caused by those who return, and of the place that they occupy on the ships, and the fact that some persuade others not to go to those parts, we order our governors of the said islands to meet with the archbishop whenever any religious shall be about to leave those islands for these kingdoms or for other parts; and, after conferring with him, they shall not grant those religious permission to leave the islands except after careful deliberation and for very sufficient reasons. [Felipe II—San Lorenzo, August 9, 1589; Felipe III—Madrid, June 4, 1620.]

Law XXVII

We order our viceroys and governors of Nueva España, and charge the superiors of the orders—each one so far as he is concerned—to see to it with all diligence and special care that the religious sent to the Filipinas Islands pass thither without being detained. They shall not be allowed in other provinces, nor shall any excuse be accepted. [Felipe II—Aranjuez, April 27, 1594; Felipe III—San Lorenzo, September 17, 1611.]

[The following law taken from título xv of this same libro is here inserted.]

Law XXXIII

Inasmuch as we have been informed that the religious sent on our account to the Filipinas Islands for new spiritual conquests will accomplish greater results if each order is set apart by itself, we order the governor and captain-general, and charge the archbishop, that when this circumstance occurs, and for the present, together they divide, for the instruction and conversion of the natives, the provinces in their charge among the religious of the orders, in such manner that there shall be no Franciscans where there are Augustinians, nor religious of the Society where there are Dominicans. Thus each order shall be assigned its respective province, and that of the Society shall charge itself with the [care of] missions; for it is under this obligation that they are to remain in those provinces, as do the other orders, and in no other manner. [Felipe II—Aranjuez, April 27, 1594.]

Law XXXIV

The Audiencia of Manila shall give what is needful in ships, ship-stores, vestments, and the other customary supplies, to the religious who shall have license and permission to enter China or Japon, according to the ordinances. Our officials of those islands shall execute and pay for what the presidents and auditors shall order and authorize for that purpose. [Felipe II—El Pardo, November 30, 1595.]

Law XXXI

It is fitting for the service of God our Lord and our own that, when any religious are to go to preach and teach the holy Catholic faith to the heathen who live in the kingdoms of China, Japon, and other places, they shall not enter the country of those barbarians in such a way that the result that we desire should not be obtained. Therefore we declare and order that no one of the religious who live in the Filipinas Islands be allowed to go to the kingdoms of China and Japon, even though with the purpose of preaching and teaching the holy Catholic faith, unless he should have permission for it from the governor of Filipinas. Whenever there is a question of sending religious to China or Japon, or permission is asked for it, our president and auditors of the royal Audiencia of Manila shall meet in special session with the archbishop and the provincials of all the orders of the Filipinas, and they shall consult over and discuss the advisable measures for the direction of that holy and pious intent. They shall not allow any religious to go to the kingdoms of infidels without a previous permission of the archbishop and governor, with the assent of all who shall be at the meeting. In order that this may be done, our president and Audiencia shall give and cause to be executed all the orders that may be necessary. Such is our will. [Felipe II—Madrid, February 5, 1596; Felipe IV—Madrid, December 31, 1621; February 16, 1635; November 6, 1636; September 2, 1638; July 12, 1640; in this Recopilación.]

Law XXVI

Our viceroys of Nueva España shall protect the religious who go to the Filipinas Islands by our order and at our account; and the officials of our royal estate and all our other employees shall give them speedy despatch and shall treat them well. They shall collect no duty for their persons, their books, and the warrants which are given them on which to collect the cost of the voyage. [Felipe III—Madrid, September 18, 1609.]

Law XXXII

His Holiness, Paul V, promulgated a brief at our request, dated Roma, June eleven, one thousand six hundred and eight, in order that the religious of the orders of St. Dominic, St. Francis, and St. Augustine may go to Japon to preach the holy gospel, not only by way of the kingdom of Portugal, but by way of any other country; and it is advisable for the service of God our Lord that that brief be duly fulfilled. We order our viceroy of Nueva España and the governor of the Filipinas Islands, and charge the prelates of the islands, to cause it to be obeyed and fulfilled, with the conditions and licenses ordained by the laws of this título. [Felipe III—Madrid, February 8, 1610; Felipe IV—in the Recopilación.]

Law XXVIII

We order our governor and captain-general of the Filipinas Islands that if there are any religious there who live in great scandal, and not according to their rules, habit, and profession, and others who have been expelled from their orders, whom the provincials cannot drive from that province because of the difficulty of embarking them for Mégico, that he hasten to remedy this, as is necessary and as is most fitting to the service of God, our Lord, so that such religious may not remain in those parts.28 [Felipe III—San Lorenzo, September 17, 1616.]

Law LII

Inasmuch as briefs have been despatched by his Holiness, ordering the religious of the Order of St. Augustine in some of the provinces of Nueva España to elect in one chapter some of the Spanish religious who reside there, and in the next chapter religious born in the Indias, we ask and charge the superiors and chapters of the said order to observe the said briefs and cause them to be observed, in the form ordered by his Holiness—both in the provinces of Nueva España and in the Filipinas—since they have passed before our royal Council, and testimony has been given of their presentation. The same is to be understood in regard to the other orders and provinces of the Indias, which shall possess briefs for the alternativa, and under the same conditions. [Felipe IV—Madrid, September 28, 1629; August 1, 1633; and in the Recopilación.]

Law XXXIII

Although it was determined that no religious except those of the Society of Jesus should go to Japon to preach the holy gospel for the space of fifteen years, and that the others who should try to go to those parts through the rules of their order or their particular devotion should be assigned the district to which they were to go, not permitting them to pursue their voyage by way of Filipinas or any other part of the Western Indias, but by way of Eastern India—notwithstanding that the precept for the propagation and preaching of the gospel is common to all the faithful, and especially charged upon the religious—we consider it fitting that the missions and entrances of Japon be not limited to only the religious of the Society of Jesus; but that the religious go and enter from all the orders as best they can, and especially from the orders that possess convents and have been permitted to go to and settle in our Western Indias. There shall be no innovation in regard to the orders that are prohibited by laws and ordinances of the Indias. Those laws are made not only for Eastern India but also for the Western Indias, in whose demarcation fall Japon and the Filipinas. It is easier and better for the religious of our crown of Castilla to make their entrances by way of the Western Indias. We straitly charge those who thus enter, from either direction, to maintain the greatest harmony and concord with one another, and to regulate the catechism and method of teaching—so that, since the faith and religion that they preach is one and the same thing, their teaching, zeal, and purpose may be so likewise. They shall aid one another in so holy and praiseworthy an object, as if all lived under and professed the same rule and observance. If the nature of the country and the progress in the conversion of its natives permit, the orders shall be divided into provinces, making the assignment of those provinces as shall appear best, so that, if possible, the religious of the various orders shall not mingle. If any of those religious who shall have been chosen are removed, others shall be assigned in their place, so that, as workers of the holy gospel, they shall labor in this work which is so to the service of God our Lord, each order separately. They shall not engage in quarrels or disputes, shall furnish a thoroughly good example, and shall avoid strictly all manner of trade, business, and commerce, and all else that shows or discloses a taint or appearance of greed for temporal goods. And since it will be necessary, in the further establishment and increase of the conversion in those provinces, to have therein three or four bishops, or more, from all the orders—in order that they may confirm, preach, ordain priests, meet whenever advisable, and discuss and enact what they think will be necessary to facilitate, augment, and secure for the conversion—they shall be suffragan, in so far as it concerns them, to the archbishopric of Manila, because of the nearness and authority of that church. That division of districts and dioceses shall be made by our Council of the Indias. [Felipe IV—Madrid, February 22, 1632.]

[A later part of this law is as follows:]

Further, we order our viceroys, presidents, governors, and corregidors to publish and execute the brief of our holy father, Clement Ninth, dated June seventeen, one thousand six hundred and sixty-nine, ordering that the religious of all the orders and the Society of Jesus, and the secular clerics, shall not be authorized to carry on, personally or through third parties, trade or commerce throughout the territories of the Indias, or the islands or mainland of the Ocean Sea. In that number are included those who go to Japon, as is mentioned in the said brief to which we refer. [Carlos II and the queen mother—Madrid, June 22, 1670.]

[The following laws bearing on ecclesiastical persons in the Philippines are taken from other parts of the Recopilación:]

Inasmuch as the seculars who go to the Filipinas Islands from Eastern India to engage in their labors are generally expelled and exiled, and remain there, where many are employed in vicariates, curacies, and benefices, to the prejudice of the natives and the patrimonial rights of the islands, we order our governor and captain-general not to allow any of the said seculars from those districts to enter the islands, or admit them to the exercise of duties or allow them to give instruction. [Lib. i, tit. xii, ley xxi; Felipe IV—Madrid, March 27, 1631.]

The treasurer of the Holy Crusade of Nueva España has a substitute in the city of Manila, in the Filipinas Islands, who performs the duties of treasurer. That substitute invests the money that proceeds from the bulls and many other sums, under pretext that they belong to the bulls, by which method he deprives the inhabitants of the city of the use and lading-space of four toneladas which he occupies in each cargo. That is contrary to the rulings of various laws, by which favor is granted the said city of the lading-space in the ships that are permitted, and not to any person of Nueva España or Perú. We charge and order the viceroys of the said Nueva España to cause investigation of the sum resulting from the bulls distributed in the Filipinas, and that, whatever it be, it remain in our royal treasury of the islands, and that so much less be sent to the islands from our royal treasury of Mexico. The amount that is found to have entered into the treasury of the islands is to be given to the treasurer of the Holy Crusade who resides in the City of Méjico. The money that shall be sent to these kingdoms from the proceeds of the bulls shall be registered on account of it. The treasurer and his substitute shall not export or import merchandise to those islands, nor from them to Nueva España, the viceroys imposing the penalties that they shall deem fit. We order the officials of our royal treasury of both places to observe, in the execution of this law, the ordinances which the viceroy [of Nueva España] and the governor of the islands (each in his own district) shall ordain. We order the governor to cause this law to be so obeyed that the sum resulting from the bulls be given into the possession of the royal officials of those islands; and that they advise those of Méjico, so that the latter may send just so much less a sum of money to the islands than what they are obliged to send there annually. [Lib. i, tit. xx, ley xxiv; Felipe IV—San Martin, December 21, 1634.]