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
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