[33] The vicepatron had a right to do this in conjunction with the prelate until August 1, 1795, when authority was bestowed upon the latter without the interference of the civil government. Recopilación, 1–6–38, note 17.
[34] Cédula of August 1, 1795, and of September 16, 1803, A. I., 105–2–10; Recopilación, 1–6, note 17.
[35] Recopilación, 1–14–71 to 75; the entire title (14) of this book deals with the general subject of the religious orders. The method of procedure in such cases may be illustrated by the efforts of the government to correct the abuses of Fray Alonso Zamudio, an Augustinian, who was in charge of a parish, and who therefore was subject to episcopal visitation. He was charged with immoral and vicious conduct. The provincial of his order made an investigation and reported that the evidence brought against him would warrant his prosecution. He recommended the removal of the friar, which, he stated, he could not himself bring about because Zamudio was acting as a parish priest. The provisor of the archbishopric recommended the banishment of Zamudio, which act was carried out by the governor in acuerdo with the audiencia. A ruego y encargo was dispatched by the tribunal, soliciting the surrender of the friar. He was accordingly handed over to the civil authorities and was incarcerated in Fort Santiago until the sentence could be executed (Información del juez-provisor, y testimonio de los abusos del fraile Alonso Zamudio, May 21, 1650, A. I., 67–6–9).
[36] Recopilación, 1–14–71, 72. An illustration of the operation of this sort of banishment may be noted in the case of three Augustinian friars whose deportation was requested by their provincial. The request was ignored by Governor Anda, whereupon the provincial wrote directly to the court; consequently on April 13, 1777, the king ordered the audiencia to see that these three friars were returned to Spain; Anda was advised to give more attention in the future to matters pertaining to the royal patronage (King to the Audiencia, April 13, 1777, A. I., 105–2–9).
[37] This has been discussed in Chapter III of this treatise.
[38] Recopilación, 1–14–67.
[39] Concepción, Historia general, IX, 190; Montero y Vidal, Historia general, I, 400–401.
[40] “Provisores and vicarios generales exercise the ordinary ecclesiastical jurisdiction throughout the entire territory of the diocese and reside in the head city of the bishopric or archbishopric” (Escriche, Diccionario, II, 453). The magistrates and other judicial functionaries of the ecclesiastical jurisdiction will be described at greater length in the succeeding chapter.
[41] Juez-conservador, an ecclesiastical or secular (not civil) judge named by the pope with jurisdiction or power to defend a particular church, monastery or convent. (Escriche, Diccionario, II, 260).
[42] Nuns of St. Clare to King, Blair and Robertson, XXVI, 24.