The Philippine Islands, 1493-1898 | Page 5

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