ROYAL DECREE REGARDING THE HOSPITALS FOR THE NATIVES
The King. Reverend Father in Christ, bishop of the Philipinas, and member of my Council: I am writing to Gomez Perez Dasmariñas, my governor and captain-general of those islands, to immediately take possession of the hospital of the Indians of that city of Manila and of the hospitals that may be in the other villages of those islands, for me and in my name, as patron, which I am both by right and by apostolic bull of all the hospitals that may be instituted and founded in the Indias;[1] and to take the residencia of all those who shall have had charge of the incomes, alms, and other things touching the said hospitals. I have desired to advise you of this in order that you may not prevent it, since you will know it to be my orders, and also, so that if you wish to be present at the taking of the said accounts, you may do so. I am writing to this effect to the said governor. Madrid, January seventeen, one thousand five hundred and ninety-three.
I the King
By order of the king our sovereign:
Juan Vazquez
Signed by the [members of the] Council.
[1] See the bull of Gregory XIII, dated February 6, 1578, in VOL. IV, pp. 119–124, where the patronage of the Spanish monarch in ecclesiastical matters is conceded. Libro i, tit. 6, of Recopilación de Leyes de Indias treats of the royal patronage. Law i, promulgated by Felipe II, at San Lorenzo, June 1, 1574, and Madrid, February 21, 1575; and by Felipe IV, June 15, 1654, is as follows:
“Inasmuch as the right of ecclesiastical patronage belongs to us throughout the state of the Indias, both because we discovered and acquired that new world, built and endowed there the churches and monasteries at our own cost, and that of the Catholic sovereigns our ancestors, and because it was conceded to us by bulls of the supreme pontiffs of their own accord, for their conservation and for that of the justice which we have there: we order and command that this right of patronage of the Indias, singly, and in solidum, be reserved forever to us and to our royal crown, and it cannot be deprived of it in whole or in part; and by any grace, reward, privilege, or any other disposition that we or the kings our successors may make or concede, it shall not be adjudged that we concede the right of patronage to any person, church, or monastery, or that we are prejudiced in the said our right of patronage. Further, no person or persons, ecclesiastical or secular community, church, or monastery, can make use of the right of patronage by any custom, rule, or any other title, unless it be the person who exercises it in our name, and with our authority and power. No person, secular or ecclesiastical, order or convent, religious order or community of any estate, condition, rank, and preëminence, judicially or extrajudicially, shall dare, for any cause or occasion, to meddle at all with anything touching the said our royal patronage, or to damage us in our exercise of it, or appoint to church, benefice, or ecclesiastical office, or receive such to which appointments are made throughout the state of the Indias, without our presentation, or that of the person to whom we entrust the same by law or letters-patent. Whoever shall do the contrary, if he be a secular person, shall incur the loss of the rewards that we shall have given him throughout the state of the Indias, shall be declared incapable of gaining and holding others, and shall be exiled from all our kingdoms perpetually. If he be an ecclesiastical person, he shall be considered and regarded as exiled from our kingdoms, and shall be unable to possess or hold any benefice or ecclesiastical office in the said our kingdoms. Both classes shall incur the other penalties established by the laws of these kingdoms. Our viceroys, and royal audiencias and justices shall proceed with all rigor against those who fail in the observance and inviolability of our right of patronage. They shall proceed by virtue of their office or at the petition of our fiscals, or of any other party who pleads it, and shall observe the necessary precautions in the execution thereof.”
Law xliv (dated San Lorenzo, August 28, 1591), treats of the hospitals and is as follows:
“We order the steward or superintendent of the funds of the churches and hospitals of the Indians to be appointed according to the ordinance of the royal patronage, without any innovation. Thus shall it be executed by the viceroys and presidents, and the others who are concerned with the exercise of the patronage.”
See also laws xvi and xvii of this same libro and título which treat directly of the Philippines, and which are given in VOL. XVI, p. 169, note 220. Law xviii (dated San Lorenzo, October 5, 1606) also treating of the Philippines, is as follows: “In order that the bishops of the churches of Nueva Cáceres, Nueva Segovia, and that of Nombre de Jesus of the Filipinas Islands may have persons to aid them in the pontifical ceremonies and in order that they may have the requisite propriety of form in their churches, and the divine worship have more veneration, in view of the fact that there are no tithes by which any prebendaries can be maintained in them, our governor of those islands shall appoint in each one of the said churches two secular priests of good morals and example who shall assist and aid the bishop in the pontifical ceremonies and in everything touching the divine worship. He shall assign to them some moderate sum from our royal treasury for their maintenance, so that they might thereby serve the churches for the present and until there is more faculty for endowing them with prebendaries and supplying whatever else is necessary.” [↑]