The vicarial theory and the Spanish Indies

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Authors Covas, Peter F., Father, 1930-

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Link to Item http://hdl.handle.net/10150/317981 THE TLQABIMj THEORY

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THE SPANISH INDIES

by

Father Peter Fo Govas, C0S0Spo

A Thesis Submitted to the Faculty of the

DEPARTMENT OF HISTORY

In Partial Fulfillment of the Requirements For the Degree of

MASTER OF ARTS

In the Graduate College

THE UNIVERSITY OF ARIZONA

1967 STATEMENT BY AUTHOR

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Russell Ewing Bate Professor of Histoz TABLE OF CONTENTS

Page

INTRODUCTION . 1

CHAPTER lo PONTIFICAL LETTERS 7

H e THE ROYAL VICARIATE IN MONARCHAL HANDS 23

IIIo EXTENSION OF THE ROYAL VICARIATE UO

IVo FORMATION OF THE VICARIAL THEORY AMONG THE MISSIONARY THEOLOGIANS 1*6

Vo CRITIQUE OF ANTONIO LELIO 58

VI o CHURCH ADMINISTRATION IN THE SPANISH BORDERLANDS 62

VII o THE DRIVING FORGE OF THE CONGREGATION FOR THE PROPAGATION OF THE FAITH 73

BIBLIOGRAPHY 77

ill ABSTRACT

Royal patronage gave the Spanish monarehs in the fifteenth

and sixteenth centuries a direct control of all Church affairs0

Every facet of the Church6s existence in the Spanish Americas was brought under the all embracing royal patronage» Such an

exercise of monarehial power was not given or implied by the papal letterso

The essentially lay direction of the Church* defended by

Spanish theologians* was motivated more often by political

rather than religious reasons<, This absorption of the spiritual realm by the temporal action of the state had to be justified in

the face of increasing Vatican opposition,, Thus the concept of

the vicarial theory developed,. Its evolution was the fruit of practice and not a preconceived effort on the part of the crown,

A secular clergy* reinforced by this theory* became so

dependent upon the kings that Roman control of the Church in the

Spanish dominions was excluded. These abuses* supported by

the theory* actually impeded the missionization and advancement

of progressive Catholicity in the Spanish Empire, HfEOBJOTIOH

Not the least of the dominant characteristics which describe

Spanish American history is the close relationship between the government of the Spanish empire and of the Roman Catholic Churcho

Success in studying the development of this period is to avoid over­

simplifications and to recognize labels for what they are. The enduring influence of any historical face relies greatly upon an exact

terminology as well as thoughtful and proper researcho The student of history demands more than mere prejudice about the institutions

of any particular time. It is necessary to investigate accurately the forces of the period under study and to put them and their institutions in their proper perspective»

These ideas thus bring us to the present interests The vicarial theory in the Spanish American life meant much more than the definition given to the term of mere patron0 This was so, moreover, because the Americas subject to Spain were considered not just colonies but rather dependent kingdomsc

In a certain historical moment, the Catholic Monarehs, on terminating victoriously the reconquest of Spain, founded and consolidated the unity of the Spanish nation0 The wars to rid Spain of the Moslem mantle had taken on a religious zeal giving the people energys confidence and. hope*, The worldly incentive for unification was closelyj, yet at the same time distinguishablys associated with 1 the incarnation of the Crusade So The frame of mind coloring the

deeds of the Spanish rulers was emboldened by papal privileges,. The

girders of the temporal edifice were riveted tight by the bolts of religious unity. All attempts to construct Spain without this oneness

of dogma and belief would prove abortive<, This concept was to transcend the geographical bbundries of the Iberian peninsula0 Such a mold the monarchs would use to shape their vast overseas possessionso It would be no more than the erection of many Spains 2 and the continuation of Spain8 s historical mission,.

The world of the fifteenth century had not as yet found its geographical completeness0 Historical circumstances were to bestow this questionable task upon a restless j, hungry people o The discovery of the Americas was due to the spirit and boundless ambition of the

Spanish Queen and the grand dreams of a merchant-sailor=

Thus it was that the organization of the Hew World was actually to begin before its discovery« This was embodied in the Capitulaciones agreed to and signed by Columbus and the Spanish Monarchs

lo Luis Weckmann3 Las Bulas Alejamdrinas de 1U93 y la Teorxa Politiea del Pap ado Medieval (MdadLcog Public aciones del Institute de Bistoria, 19b?) pp« 2Jj>9~600

20 Queen Isabel with the help of Archbishop Ximenes de Cisneros5 her confessors led an elaborate reform in all fields stressing particularly the raising of clerical standards^ both moral and intellectualo

3o Jose Vasconcelos, Breve Historia de Mexico (Mexicog Gia Editorial Continentals BaA.*, 1956) po 32, The document was signed on April 17 and 30s lii.92s some five months before Columbus set saila Isabel's essentially religious character and universal vision simply imposed Spanish policy upon a possible new world. It is not strange to find in this document the clear intention of the Queen to make this voyage part of her crusade in spreading the Faith. So it was that the alliance between church and state was to continue in the lands to be found across the waters. True, it was the Roman Church in dogma and morals but Iberian in character.

As in Spain, ecclesiastical administration in the Americas was to be a unique experience even in the annals of Church history.

Immediately after the first voyage of Columbus, the Catholic

Honarehs obtained from the Spanish Pope, Alexander VI, specific concessions and privileges. In the eyes of the Spanish legal mind these were the most legitimate and solid of titles to these lands.

It was not long after this that the powers exercised by Spain's rulers went beyond those intended by Alexander and the following pontiffs. The monarchs remained laymen but acted as quasi-vicars of the popes. This process developed into the theory of the royal- vicariate. Theologians gave it birth in the sixteenth century. Its practical aspects, particularly in Hew Spain, were many and detailed. Without a proper comprehension of this vicarial theory, the

Church administration and church-state relationships in the Indies become inexact. This paper is an attempt to survey that theory as it evolved and affected the government of the Indies.

Various phases of this theory will be treated beginning with an analysis of the papal bulls from 1U93 to 1^19o Its evolution flowered under the monarehs from Ferdinand to Charles III0 And a

vital part was played by the theologians and jurists»

Against the background of survivals the Dominicans^

Franciscans and Augustinians were morally compelled to formulate

the vicarial theory after 1559= In the beginning the thorny problem

was from whence came the spiritual jurisdiction of the prelates?

The king commanded and missionaries went to the Indies. The king

appointed and priests were named bishops. Mot infrequently, these

assumed their duties, as loyal subjects of the crown, even before papal confirmation had been secured. Without papal confirmation

from whence did a missionary or bishop derive his jurisdiction?

How could he exercise the powers attached to his office? In a social

structure which was Catholic, this was not an academic question

but one of stark reality. The commentators, all Spanish, tried to

show that the five pontifical bulls made unusually sweeping con­

cessions. Moreover, these powers often had been used by the crown

without papal protest, although this was to Come much later. Rome

felt that silence on this question would avert an armed invasion

against the Vatican from either Spain or France in a period of

inextricable maze of political claims.

The king also acted as the counselor in the Indies in contentions

between bishops and regulars, who being human, disagreed. Early

commentators have given an answer which alone seemed probable.

The king must be an effective vicar of the pope of some sort. They

conceded the difficulty in explaining how spiritual jurisdiction might be conferred by a layman.» This consideration which on the surface was of little interest, save to the clergy, suddenly became the basis

of action in disputes of wider concern, ioe0, the transfer of parishes and doctrines from the regular to the secular clergy„

With few exceptions the regulars relied upon and defended the theory beseeching the Spanish crown to leave the doctrines in their handso Meanwhile, the hierarchy of the Church in Mew Spain solicited the transfers directly from the papacy. It is to be under­ stood that the latter course was more in accord with the legislation issued by the Council of Trent in the sixteenth century. Yet, in the fifteenth century the Holy See had not supported the bishops. How­ ever, regulars usually vindicated their claims without too much difficulty.

Spanish civil administration from 1619 onward consciously took on this theory as a fact. After 1622 the government upheld this position to prevent the recently created Congregation of the

Propagation for the Faith from interfering in disputes over the doctrines, or in gaining any share in the direction of missionary work in America. In this way both the Hapsburg and Bourbon kings designed to fulfill Spain8 s destiny in the world.

After 1622 there was a change in the line-up. The regulars now tended to question the theory and favor the Homan position. Bishops and Jesuits now became the most fervent defenders of it. Finally the royal vicariate was proclaimed as a right emanating from the office of the king. So dictated Charles III in 1765. It was incorporated in the Hueva Reeopilaeidn de las Indias In 17880 fhms the theory by then was firmly establishedo

A knowledge of the vicarial theory is basic for any analytical understanding of Church administration in the Hew World and is indispensable for entering into any of the innumerable disputes over the doctrinaso But most important^ it is necessary for a precise knowledge of the patronato real of the Spanish Monarehs0 CHAPTER I

PONTIFICAL LETTERS

History bears witness to the fact that the entrenchment of the vicarial theory rests mainly with certain letters emanating from the

Supreme Ecclesiastical Authority0 ^ Not only the original femulators of the vicarial theory but later political theorists allude to these documents0 It is not only for this reason but also because the restating of these pontifical letters tend to explain the mind and climate which had been created in definite circles about the time of the discovery and early conquest of Spanish America, It is worth the effort to present at the very start of thif paper a brief analytical picture of the pertinent documents, underscoring those points which serve as a basis for the theory.

It must be recalled that the goal of this study is to trace the increasing consciousness of the Spanish Monarehs concerning their power over the Church0 The task will be made easier if we know what powers were traditionally held by Rome, Rome determined the mission lands, assigned certain zones to specific mission groups and

Orders, chose missionaries by name} appointed bishops and prefect

ho Francisco Xavier Hernaez, SoJ0, Coleccion de bulas, breves, y otros documentos relativos a la igldsia de America y Filipinas (Brussels, 1879) p, 91 Weekmann, op, cit,, pp0 2kh~%Q0

7 apostolics, determined the ecclesiastical government in these mission districts, and had the right to inquire into the finances of £ each church and mission=

These powers, exclusively reserved to the Vatican, in the

sixteenth century through various concessions were put into the 6 royal hands of Portugal and Spain0 With the conquest of Granada

(1U92), Spain’s career as the first great European nation began*

Isabel and Ferdinand felt that they had effected a genuine crusade*

Within the ideology of the period, these Catholic Monarehs knew it was not within their competence to interfere in matters of ecclesiastical discipline without the proper papal authorization* On the other hand, they created the image that was to unify Spain: and the essential and permanent element of this image was its religious 7 character* The crown was to secure considerable consent from

5* Edward L* Murphy, The Principles of Catholic Missionary Work (Mew York: Benziger Brothers, Inc*, 19^8) pp* 66-bis Sax tori3 Juris missionarii elementa (Roraaes Typis Vaticanis, 19l*7)o

6* There was founded in 1319 in Portugal at the beneplacitum of Pope John XXII the Order of Christ, a military- religious organ similar to the Templars* The Portuguese kings became the head of the Order and thus inherited the powers normally granted to such leaders, although the monarehs did not possess the sacerdotal character* Antonio Matoso, Historia de Portugal (Romaeg Institutum Historicum, 1906)*

7.0 Salvador de Madariaga, Spain, A Modern History (Mew York: Frederick A* Praeger, 1958J p* 26* Rome in furthering this political and social objective0 This was a revolution which could be sustained only by creating a definite religious crusade against the infidelThis became an interminable fighto

On December 13# lii-86# Pope Innocent VIII issued the bulls which gave the monarchs the patronato of Granada0 This specified that the crown had the exclusive right of presentation of all bishops and ecclesiastical benefices of the future in the Kingdom of Granada# and to collect in perpetunm the tithes which the newly converted 9 would pay to the Church0 These concessions were to be expanded when the Spanish Alexander VI on February 13# 1U9U transferred to the Hispanic throne the tithes collected from the churches of Spain0

Consequently# Isabel and Ferdinand were constituted as effective patrons of the Church in Spain0 The standard by which the state was to be unified was religious= This whole program was given the air of reform by Cardinal Ximenez de Cisneros y Talavera0 It is not strange those in the Iberian Peninsula thus aroused by the dedicated TO action of this man felt an aura of superiority„

80 Hernando del Pulgar# Chronica de los muy altos y esclarecidos Reyes Catolicos don Fernando y dona Isabel (Madrids Biblioteca de Autores Christianas# 1957) p<> 107o

9o Bermudez de Pedraza# Risforia eelesidstica de Granada as cited in Antonio de Egafea# La Teorxa del vicariato (Somaes Universitatis Gregorianae# 19^8) p 0 Uo

10 o Pedro de Leturia# La Bula del Patronato en Indias (Romaes tfaiversitatis Gregorianae# 19U6) p. 39o 10

Now there evolved a plan in the Machiavellian mind of

Ferdinand to transplant to the Indies the constitution of the Church in Granada. New bulls were solicited by Spain and granted by 11 Rome. Las Indias were to be other Granadas.

The three bulls, two dated March It, lU93s Inter caetera and

Eximiae devotionis, and one dated September 26 of the same year,

Dudum siquidem, served as a connection between the discovery of the new lands with the recently terminated campaign in Granada.

Historically the occasion of these pontifical bulls seems to have been the unexpected landing of Columbus in Lisbon after his fortunate accident of discovery. It takes an effort to realize that the Navigator had mistaken the new territories for the Far East. This seemingly fulfilled dream Columbus related to the eager listeners. King

John II of Portugal was now haunted with the thought that Spain was 12 infringing upon lands and rights belonging to his country. In this great concern, a spirit of war prevailed between the two Iberian

11. Pedro de Leturia, El Origen Historico del Patronato de Indias (Romaeg Universitatis Gregorianae, 1926), p. 36.

12. Weekmann, op. cit., p. 2lt5s Salvador de Madariaga, Christopher Columbus (London, 1939) p. 300. The Americas did not exist even as a probability in the mind of Columbus or his contemporaries. He set out to discover, and in fact did, islands which he mistakenly thought to be geographically near the coast of India. Consequently, the Catholic Monarehs hoped to obtain from the Pope the same concessions given to Portugal in her conquest of islands off the coast of Africa. The Portuguese Monarch, however, also geographically ignorant believed these islands set upon by the Spanish sailors to be a continuation of what he claimed by reason of past claims. Herniez, og. cit., p. 82I4.. kingdoms0 Ferdinand shrewdly sought the Holy See to arbitrate the disputes and received the above cited bulls as the answer0 Although these did not reach a satisfactory conclusion^ it did clear the ground for future treaties between the two countries

The pattern of the first letter^ Inter caetera3 was familiar enougho It praised the monarch for propagating the Catholic faith among the pagans« It urged that as Christians they had the obligation before God and man to continue the work begun no matter what the dangers or sacrifices. One element was exceptional! namely,, it diplomatically conceded to Spain whatever islands or territories she discovered and took possession of In exchange^ the Castilian monarehs were given the obligation to instruct the pagans in the

Christian faith. It was not at all surprising that these duties were granted only to the Kingdoms of Castile and Leon and not to

13o This was the Treaty of Tordesillas signed in lU9lt which established a line of demarcation at three hundred and seventy leagues west of Cape Verde Islands, Harold Livermore, A History of Spain (New Yorks Grove Press, Inc,, I960) p, 196,

lit, Weekmann, op, cit,, Garcia Gutierrez, Begio Patronato Indiano (Mexicos Revista de derecho y ciencias sociales. Jus, 19hl) p, 38° Alexander VI did not, as popular notion would have it, divide the American continent between Spain and Portugal, In fact, M s bulls might be termed "pre-American,11 for such a place was not known at the time. The bulls merely gave to each country certain sections of influence. Possession of these lands depended upon occupation. These were pragmatic documents with the intention of avoiding colonial rivalry between Portugal and Spain, Juridically, however, this was a papal donation based upon the doctrine of omni-insular. id Aragono This was made clear in the instructions given to

Golumbus before his second voyage„

The clause which is the core of the vicarial theory is contained in these bullsReducing to one body the basic ideas incorporated in the documents3 it is necessary to refer to the essential point? that is, the king had been given the power of missionary action,, This is a papal concession of the right to act juridically in certain outlined zones0 Moreover, this imposed the burden to send apt missionaries» From the standpoint of regal intervention in the Church in the Americas, this was the essential wedgeo

The balance of power continued to favor the Spanish

Monarchy when Alexander VI issued the bull, Eximiae devotionis.

15 0 "e porque el dicho Reino de Granada e las Islas Canarias e Islase Tierra Firme del mar Ocdano", descubiertas e por deseubrir, ganadas e por ganar, han de quedar incorporadas en estos mis Reynos de Castilla y Leon, segdn que en la Bala Apostolica a Uos sobre ello concedida se eontiene „ o „ que Su Senoria sea en algo servido de mi - oontinua diciendo la Reina que amando mucho al Rey no amaba menos a Castilla y a Indias o 0 o” After the death of Isabel, Ferdinand was able to reach an agreement with his daughter, Juana, and Philip, her husband, that half of the revenues coming from the Indies go to him0 At his death, however, this concession reverted to the crowns of Castile and Leonc Rieoardo Levene, Las Indias Ho Bran Colonias (Buenos Aires8 Goleceion Austrad,195lTPo l80

l60 11 o o o as it very much concerns the same king „ » „ be in charge of churches and monasteries, they very seriously desire the concession of the right of patronage and of presenting competent persons both to metropolitan and other „ „ o churches, already built or in time to be erected „ „ 0 and all ecclesiastical benefices 0 0 0 ” Hernaez, ego cito, ppe 2h=260 giving the crown privileges which had been bestowed much earlier 17 upon Portugal, In the course of the struggle to secure for the royal patronage more authority over the Churchs Spanish "1R theologians and legalists concocted exaggerated arguments,

Whether Ferdinand be the acknowledged master of the theory in the vicarial sense or not, he had not conceived the vicarial powers for himself. He was still the Politician, This trend may be marked by the way Ferdinand petitioned the Holy See for jurisdictional faculties to be given to Father Buil,"*"^

Ferdinand's astuteness had attained for his politico-religious unity one of his goals; to wit, the ecclesiastical representative of the pope in the New World was of his own making, freeing the OA prelate from any other subjection save that of the monarch.

This fundamental change had another corollary— to secure the right to present all the ecclesiastical benefices of his overseas

17o Ibid,, p, lit,

18, A further amplification of the Bull Inter caetera is found in the Bull Budura siquidem also of Pope Alexander VI to the Catholic Kings, Gutidrrez, op, cit,, p, U5,

19o Father Bernal Buil was the first vicar apostolic of the New World, After one year in the Indies, Father Buil returned to Spain, It is to be noted that no effort was made for ten years to send another in his place. Haring, og), cit,, p, 183, The powers granted to Father Bull are found in the letter Pius fidelium which is dated June 25, 1&93, Hernaez, og>, cit,, p, T8BT ™ "

20, Manuel Jimenez Fernandez, las Bulas Alejandrinas de 1U93 referentes a las Indies (Sevilla, 19liU)s p» U35, 21 possessions,,. Ferdinandes intent found itself fixed in the petition formulated by his secretary before the fourth voyage of Columbus»

In answer5 Pope Alexander VI on November 16«, 1J?01 in the lettera

Eximiae devotionis, took into consideration the expenses incurred by the government in its task of forming an empire in America,

Consequentlys the Pontiff granted to the kings of Spain the tenth part of the revenues received by the churches in the Mew World on condition that the monarehs found and maintain at least some new 22 missionso So it was to be.

The reign of Pope Julius II inaugurated a new series of papal documents. The first line of letters saw a tedious and abortive attempt by Rome to regain control over her churches and missions in the Indies, Spain”s political absozptionism encountered much opposition from the Holy See, It was in this superficial harmony that Pope Julius received one of the King8s choices to be elevated to

21o An ecclesiastical benefice is a juridical entity9 permanently constituted or erected by competent ecclesiastical authority9 and consisting of a sacred office and the right to receive the revenue accruing from the endowment of such an office. Canon lU09s Code of Canon Law, This in practical terms meant that the royal power could declare any ecclesiastical office a benefice and thus be entitled to, or control of the revenue. It is to be noted that the king, because of this privilege, was taking the place of the competent ecclesiastical authority,

22, The philosophy that guided Ferdinand was a belief founded not on a question of economies but of polities. The costs of the discovery and conquest were not the burden of the crown. It is to be kept in mind that the undertakings of Columbus on his first and subsequent voyages do not merit the adjective “great,,l The expeditions of continued conquest and exploration from Santo Domingo and Havana did not cost the monarchy anything, for the capitulaciones signed and agreed to by the conquistadores settled the expenses upon the initiators, Herbert E, Bolton, The Spanish Borderlands (Mew Havens Tale University Press, 1921), p, 7, the episcopal dignity on October 15>0ii.o This was the

Franciscanj, Garcia de Padilla, The same request also petitioned for the erection of the first three dioceses in the Indies,

In responseg the letter5 Illius fulciti praesidiss was written acknowledging the missionary seal of the King and the work already realized by him. The cities of Bayuna5 Magua5 and Taguata were 03 made into dioceses, the latter being erected as an archdiocese.

These instructions, however, were not to be realized.

This was for two reasons. It did not seem necessary at that time to make such ecclesiastical divisions! and, paradoxically, the letter did not mention the patronato real. It appeared to the king that the main effort of the bull was in the realm of disregarding the patronato. All this indicated a crisis and Ferdinand suspended its 2k execution, ^

ihy the silence regarding privileges which Ferdinand believed he had? The bull made no mention of the tithes, and entrusted to the bishops the work of demarcation and organization of dioceses,

Hhat of the right of presentation? Was the growth of the patronato to be arrested now?

23, Antonio de Egana, S,Jo, La teorxa del Begi o Vxcariato Espanol en Indias (Eomaes Uhiversitatis Gregorianae, ' s

2ko Pope Julius confirmed, it is to be noted, all the privileges given by Alexander VI, This, however, adds nothing to the privileges already in possession of Ferdinand, As was t© be expected, Ferdinand had to fight the “King of

Romeo11 Spain resumed the course of her "natural" espansiono Don

Francisco de Rojas, Ferdinand’s voice in Rome, let it be known

that the crown’s right to the tithes should be reeognizedo Keeping the

monarch’s plans secret, Rojas demanded the right for the crown and

the person or persons whom he entrusted, to make the divisions and

separations of the dioceses in the Indies0 Ferdinand reasoned that

this would be to the best interests of the bishops concerned,, Moreover,

he wanted these rights to be conceded to him and his heirs in perpetuum0 To emphasize his power, he threatened not to allow the

bishops and archbishops to take possession of the Sees,

An uneasy lull of three years passed without any word from 26 Rome0 There were hopes in the Vatican that the outcome of

Spain’s political situation would indicate a trend toward submission

to hero Yet it was not to be0 The rise of Ferdinand’s power was

extremely rapid and his pretentions against the Holy See increased* ^

In the course of the quarrels, a new demand was made

upon His Holiness, Julius II, on July 3, 15>08o One of thethree

25>o Gutierrez, ago cit*, p* $1*

260 Ibido, p 0 520

27o Julius III found himself, at this time, menaced by France and Spain* Both of these powers had definite designs concerning Italy, and tensions between Spain and Rome increased over feudal rights in Naples* Ibido, $20 candidates chosen by the monarch for the episcopacy, Ferdinand

Tello, presented to the Pope the obedience of the crown« In this discussion that followed, Ferdinand of Spain sowed the basis for a reunion between Spain and Rome by remarking that the evangelistic action of Spain in its possessions in the Indies was under the 28 spiritual imperium of the Holy See0

So placed in a more propitious atmosphere. Pope Julius II read his letter Universalis ecclesiae, dated July 28, 1508, in which the King’s requests were granted in parto^

In an historic introduction, the Holy See generously bestowed to the Spanish royal line the right of presentation of all major benefices which hitherto had been under the competency of the pope eonsistorially0 In regard to the minor dignities, a prerogative of 30 the episcopacy, if the ordinary, for example, through negligence did not nominate anyone within the first ten days of the benefice being vacant, any bishop could fill the office at the request of the ruling monarcho

280 Sergis Mendez Arceo, Primer siglo del episcopado de la America espanola (reprints of manuscripts from the Vatican archives, 1938) p 0 3o

29o There seems to be some question as to the authenticity of this bullo Mariano Guevas denies the existence of this document on the grounds that it is hot found in the Bularlo Magno or the Corpus Juris Canonici0 Mevertheless, this document was found in the archives of the Indies by Father Leturia0 This doubt is probably an oversight on the part of Guevas= Ibido, p= 58=

30 o An ordinary may be a bishop or other prelate who succeeds to the government of a diocese= Code of Canon Law, Canon 198= Although this bull was not as far reaching as had been hoped for by the crown,, it did reveal the origin and the nature of the royal patronage as conceived by Borne0 It pointed out the root of these privileges| namelys the patronal rights were given to this lay=powers the Spanish monarchys because of its missionary action., It is noted that Pope Julius II was not as condescending as the Spanish Pqpe5

Alexander VI„ Two of the monarch8 s most important objectives in order to achieve his vision of a politico-ecclesiastic union were deliberately neglected by this Pope0 Nothing was mentioned as regards the tithes and the privilege to delimit the dioceses by the

0n May 85 1^12s before the notary public and the secretary of the Bishop of Pleneia, there appeared the monarchss Ferdinand and dona Juana on the one hand; and on the other; the elected bishops;

Garcia Padilla of Santo Doming©; Suarez Bega of Concepcidn; and

Mans© of San Juan Puerto Bieo0 These latter received from their

Highnesses the donation of the tithes.' No compromise had been arranged; nevertheless; the royal authority informed the bishops of the necessity of changing the territorial boundries of the new dioceses. Still acting as a man destined to inaugurate a policy of intervention in the church administration; Ferdinand subjected the dioceses of the New World to the Metropolitan See of Sevilla. In

31. Leturia; El Origen; op. eit.; p. 2L. this way any practical influence that Bome might have had ever the

American Ghureh was thus weakenedo^

No better illustration could be found of the spirit which

animated the Spanish Empire than the way it solved the problem of

controlling church administration. The seemingly interminable

struggle to gain the right to form diocesan boundries continued.

This went beyond the description of the royal patronage

The seemingly inevitable was to be attained under the

Pontificate of Leo X, It is not to be taken that Pope Leo's

attitude in respect to Spanish intervention in Church affairs was one

of condescension. Already, on August 28, 15,13, though recently

elected, Leo X upheld firmly the principle that the Holy See

reserved to itself the disposition of a vacant diocese.

With marvelous insight. Pope Leo mistrusted the intentions of

the Spanish crown whose political movements aroused well-founded

suspicions in the Vatican, These misgivings had to be set aside.

The Pope, forced to seek aid among the Christian powers against

the infidel Turk, issued the Bull, Sacri apostolotus, of January 2U,

15>l8, This letter reveals the lack of accurate information in the

32, HernJtez, op, cit,, p, 22,

33o Jose Doussinagare, La Polxtica International de Fernando el Catolico (Madrids Biblioteca de Autores Cristianos, 19LU), pp, 466-82,

3U, It was during this period. May - June of l^lU, that Rome held secret negotiations in Venice against Spain, Ludovico Pastor, Historia de los Papas (Barcelona, 1937) p, 12, possession of the Vatican concerning the happenings in the Hew

• World* It cites the expedition sent out under the command of

Pedrarias which came upon a vast land called Yucatan» It praises

the erection of a church in this area under the title of Huestra

Senora de Los Remedioso The climax was reached in suggesting

that this church be made into a cathedral because of the large

Christian population,, The only fact the Pope had hit upon was the

discovery of Yueatan0 ^

The chief service rendered by the letter, Saeri apostolatus, was to concede to Charles V of Spain the right to fix diocesan boundries per modum actus s that is, not habitually, but permission

had to be obtained each time a diocesan boundary was to be formed. ^

The reason for this concession does not appear in any of

the papal letters, yet it is not difficult to understand. Distance between Rome and the Indies seems to be the sole reason. Hor is this interpretation too narrow. The same spirit prevailed when the state had been given the right to exercise the power of presentation. The long miles between Rome and the new mission lands certainly aided in bringing down the walls of whatever

opposition there was in giving to the king the added right to outline the diocesan territories in areas unknown geographically to

35o The truth of the matter is that the expedition had not been under Pedrarias but Francisco Hernandez de Cordoba. His discovery of Yucatan, nevertheless, did not include any colonization. Juan de Grijalva came upon the same territory but no Christian remained there. Thus, the erection of a church and an episcopal see remained a dream.

36. Hernaez, ag>. cit., p. 5l» 21

the Holy See. This truce* however* contained the all-important

factor of allowing the Spanish Court to intervene effectively in the

life of the Churcho Moreover* in the title of kingship there was

indirectly created a special characteristic in his relations between

the Papal Court and the church administrators in the Americas

No new powers would be bestowed upon the royal authority0

Yet it must be recalled that the main purpose is to trace the increasing consciousness of the king8 s interests in church administration^ There were numerous and various applications of

the powers already granted to specific cases* The interpretation always favored the crown*

The key word of the Spanish system was intervention^ inter­ vention in sending missionaries to the Spanish Indies and the right of settling boundaries of dioceses* It seems safe to affirm that the

Spanish monarch was made into a complete patron* endowed with privileges which transcended those of a mere patron* All that remained was to apply these powers and formulate a theory to give the actions legitimacy so as to solidify Spain's position*

Between the years 1U93 and 15)19* the monarchy was declared the depository of the following facultiess

1* The right to execute the same privileges that the kings of Portugal possessed— Eximiae devotionis of May 3* 1U93*

2* The right to send missionaries— Inter caetera of

May 3* lU93j

37* EgsSa* 0£* cit** p* lUo 3o The right to collect tithes in the Indies--Bximiae

devotionis of November 16, 1501|

ho The right to exercise the single patronage in all the

Indies—-Universalis ecclesiae of July 29, l508|

5= The right to divide and circumscribe the dioceses per

mondum actus— =Sacri apostolatus of January 2ks l5l8c

DMder these circumstances the king had power to govern in a practical way the whole ecclesiastical life through the medium of

bishops who, being subjected to the Metropolitan See of Sevilla, had

to communicate the state of affairs of their dioceses to the Council

of the Indies before any report went to Borneo

Even the zones of evangelization and the economic life of the

church were determined by the government□ The popes were never

satisfied with this set-up as is shown in the protracted disputes over

these matterso Yet the concessions had proven a modus vivendi

between Madrid and Borne«

One thing was certaing the absolutist policy of Spain was from

this point on to tamper constantly with the Papal Bulls in the

sixteenth century®^

38® An example is given to illustrate the point in questions Under the Pontificate of Gregory ¥111 on June 7, 157U an inquiry was demanded by the Holy See into the economic state of the churches in the Indies® Philip II refused to subject the churches to such an investigation® Pope Gregory in retaliation did not allow the erection, for a time, of the diocese of Santa Marta (Darien) and refused to confirm all acts of the churches in the Indies® Mendez, og)® ext®, p® 21+® CHAPTER II

THE ROIAL VICARIATE IN MONARCHAL H M D S

Many causes influenced the evolution of the royal patronage but no doubt the principal one was the evolution of ideas0

The frame within which Spain was to determine her relations with the American Church was outlined by certain acts of her kings«

It is necessary to go over the path walked by her momarehs in their practical application of the papal concessions* It will enable us to

appreciate the mentality with which the bulls were appropriated and construed! and will reveal to us the blossoming of the theory in practice*

Since the field of interference by the kings in the affairs of the church in the Indies was very broad in the first century of its existenceg it is better to concentrate on those acts which being

supra-patronals touch %pon an elevated sphere— that of the royal vicariate*

On the part of the crownc, there is no evidence of any formal declaration of imputing to itself any vicarial powers until the reign of Charles III in 1765*^ The crownj, howevers did advance along the vicarial path in its actions0 The formation of its doctrine was

unfolding simultaneously in another realms as will be seen shortly«

Already in the year lU935 shortly after receiving the

Alexandrine Bulls, Ferdinand made bold in sending to the Antilles

Father Antonio de Marehena0 This was executed without the demanded

formality of petitioning the proper ecclesiastical superiors* The

King did petition the Provincial of Father Marchena, but at a later

date* It is to be noted that the text of the letter sent to the

Frahciscan Superior is in the form of a command and consequently

not a petition in the strict sense of that words "We request and

charge that you give him (Father Marehena) permission * * *

Ferdinand understood, as is evident in his belated requests to

Some, that the Alexandrine Bulls did not concede to him the powers

which he at times exercised* He knew that it was necessary to

beseech Rome in every ease* Yet, as is stated above and as the

following attests, he continued to expand his restricted rights* After

the return of Father Bull from the Indies, the King took it upon himself to write to the Secretary of the Indies, Juan de Fonseca* In

essence, he let it be known that Father Buil could not return to the

Indiesj that since it was he who solicited the episcopal faculties for

Father Buil from Alexander 71, he was now delegating Father Buil8s powers to the person whom Bishop Fonseca would choose*^

UOo "Nos vos rogamos e encargamos que les dies licencia para ello, y provedis eomo 1© ponga en obra*" Ibid*, p* 26*

itlo Jimenez Fernandez, qp* cite, p* 95° 25

This same attitude was adopted in practically all levels of ecclesiastical matters0 He manifested the same zeal for the decorum

of the church and liturgical functions as performed in the new lands c,^2

When the Machiavellian mind of Ferdinand stirred again, it was to formulate a scheme that would avoid having to deal directly with Borne on ecclesiastical matters0 He did recognize the necessity of having some supra-episeopal power. Consequently, on July 26,

1513 he sent a dispatch to his Ambassador at Rome, Jeronimo d@ Vieh, charging him to ask the Pope to name the Archbishop Fonseca as patriarch of all the churches in America.^ His request reasoned that there are two categories in the evangelization of the Indies* the actual mission field work, and the other, more important to the King, the direction of this movement which should be from Spain. Since this office should be held by a spiritual leader, Juan de Fonseca,

Archbishop and now President of the Council of the Indies, should be appointed by the Holy See.^

U2. As an example of this, in June of 1510, Ferdinand wrote to don Diego Colon of his demand that all clerics who go to the Mew World be first examined in Sevilla and then given a certificate of competence without which they might not serve in the Indies. Another demand urged the Casa de Gontrataci6n de Sevilla to send stone masons to the Mew World, for he wanted the churches built of stone. Leturia, H Qrigen, op. cit., p. 27.

U3o Bullarium dipomatieum, op. cit., p. 201* Egana, op. cit., p. 30=

Ml. Ibid. Were this to take place5 the king would have a patriarch with

jurisdictional powers over the Ordinaries of the Indies<, Residing

in Spain, this patriarch would he under the pressures and

influences of the royal eourto Fonseca was an influential and reliable person for such a position,.

Yet certain designs have a way of being annulled by factors even beyond the control of rulers„ Death, claimed the Archbishop on

November Us 15>2U without his having been invested with the mantle of patriarchateo After some difficulty with Rome, the office was established in May of l$2k and given to don Antonio de Rojas„^ But

Rome justifiably fearing Spain8 s intentions, bestowed only honorary title without any effective power over the bishops in the Indies,,^

But the reign of Ferdinand was coming to an end. He had created through his talents of organisation a politico-religious unity, the philosophy of which would live long after his death„ This concept had been transplanted into the new lands» He initiated a climate which radiated a vigorous Christianity? not regulated accord­ ing to a mission system as was heretofore the custom of Rome, but administered by a hierarchy which in turn was modeled and cribbed

k$o Lesmes Frias, Noticias sobre los primeros Patriarcas (Rome? Estudios Ecclesiastieos, 1922), ppc 279-318.

k60 Ibido, p„ 280o by the cathedral churches of Spain0^ Historicallys the cause for such a manipulated American church was primarily the centralizing policies of the royal government against the individualistic character of the people„ Under such guidance3 the Church in the

Indies would be better checked by the imperium of Spain rather than

Borneo This basic notion was to continue and evolve in the reigns that colored Spain's story in the following three hundred years=

All European monarchs in 1519 felt dwarfed by the shrewd and powerful Charles V 0 Earlier he had been crowned Charles I of

Spain| ands consequently5 inherited vast lands and formidable conflicts,, Against the designs of the Renaissance Pqpe5 Leo X s

Charles had snatched for himself the empty but pretentious title of Holy Roman Emperor„ The hostility of His Most Christian

Majesty, Francis I of France, was thus incurred. Skillful in political spheres, strong in vast resources; Charles, nevertheless, gradually became more confounded in trying to keep his unwieldly states together. Unreconciled contradictions proved a source of weakness. This was a time when renewed ideas contrary to the primacy of the pope were preached and were taking concrete form

U7» It has been the ancient design of the. Church not to set up a hierarchy in a mission territory, but it preferred to send legates to handle the work until that time when there were a suffi­ cient number of priests, particularly native, to support a hierarchial network. This was not to be done in the Spanish Americas; the result being a dependence upon the Spanish clergy rather than upon setting up a native priesthood, Murphy, op, cit,, pp, 65-8l>.o outside the Church, In the history of the church the Reformation was not a unique event, for many such movements are recorded. This movement, not new but vigorous, in the sixteenth century created added tensions, Charles 1 had constantly to readjust his thinking.

Although the Emperor lived and died within the folds of St, Peter's

Church, his actions, expressed through the language of human reason and possibly to preserve the Christian unity of his empire, as

Madariaga suggests, fomented recurring strifes with the Holy See,^®

On the death of Pope Clement ill. Pope Paul III (l53U~l5U9) came to the papal throne. In order to understand the squabbling between Charles and the new Pontiff, one must realize that Charles considered himself as protector of the Church| and, as such, believed himself competent to pronounce the last and definite word, not only on political questions but also on ecclesiastical ones. Ready-made notions also motivated Pope Paul, who had not the slightest intention of becoming a mere chaplain to his Highness, He strove to conserve 1,0 the independence of the Holy See,

By 1527, "driven by an insatiable curiosity about the vast dominions which destiny and his own genius had placed in his hands,

Heman Cortes had conquered a good part of present-day Mexico, A

U8, Madariaga, op, cit,, p , bj,

U9= Gutierrez, op, cit,, p, 85=

50= Lesley Byrd Simpson, Many Mexjcos (Los Angeles s University of California Press, I960) p, 26, few missionaries were already teaching the Indians the doctrines

of the Churcho The words of Bernal Biaz better express the very

spirit of the times? 8 = o o all of this we have conquered fighting against fierce peoples and so far from Castile without assistance or any help whatsoever 0 <> <. we won a New Spain 0 = „ with cities and provinces so numerous that I cannot list their names <. o o the conversion of hundreds of souls which have been saved and every day are being saved which before were lost to the fires of hell 0 o «

Nevertheless^ there were many Spaniards who mistreated the

Indian and complaints against the colonists increased^ These two factors, the increase in territory and the necessity to protect the inhabitants, motivated Charles to erect a bishopric in New Spain and to appoint a bishop who would be at the same time the protector of the Indiano Charles put on this stage at the right moment a worthy priest, the Franciscan, don Juan de Zurnarraga0

Yet this was not a time of peace with,Romec Charles waged war against Clement VII, which ended in the sack of Rome and the imprisonment of the same Pontiff« Charles was cunningo He had no intention of having recourse to the Holy See in order to obtain

j?l0 Vasconcelos, O£o cito, p c l|.0o Bernal Diaz del Castillo, The Discovery and Conquest of Mexico (Kingsport? Kingsport Press, 1956o " "==~ " permission in erecting a bishopric and presenting a bishop 0 His

solution was simple; he erected the diocese and dispatched a royal cedula to Father Juan de Zumarraga appointing him bishop with orders to govern the new diocese0 Zumarraga served the King0^

Fortunately, peace was established in June 29, 1^29= ©n

September 2, 1530 the Pope confirmed the erection of a bishopric in Hew Spain and the selection of its first prelate, don Juan de

Zumarragao If the Emperor had power to fix and change the limits of a diocese, he did not have the same power to create one--much less the privilege to appoint and to send a priest to govern it as a bishopo The patronal concession was to present candidates for the office of bishop, but with the sine qua non condition that the choice of the pope be manifesto The possibility of rejection was present in the right of presentation0 Yet Charles inaugurated the custom of not only choosing a bishop but also of sending him to govern over ecclesiastical matters without the confirmation of the head of the whole ecclesiastical bodya Such was his spirit that when the bulls of confirmation were issued, the Emperor held them up, until

Zumarraga, now accused of sins against the throne, answered the charges. Charles1 government had almost reached its perfect focus in its absoluteness.

At first, the net result of this extension of the right of presentation was to be firmly continued throughout Spain8 s hold on

52. Gutierrez, op. cite, p. 85= the colonial kingdoms» As was to be expected,, the practice arose in which the king chose a priest or bishop to govern a diocese and dispatch him to it under the protective shadow of the royal cedula0

All this was in contempt of Rome6 s affirmation^ One principle was yet to be introduced by the Monarch who wished to make this as legal as possibleo He would advise the ecclesiastical eabildo of the cathedral of the diocese3 to which the bishop elect was going, to name the said bishop elect to rule until the arrival of the necessary documents from Romeo It must be noted that the ecclesiastical eabildo did have the proper power to do this-=although it was highly irregular0 The bishop elect who governed in this way did so legitimately, but he was not, nor could he be, the true ordinary until the arrival of papal confirmation0 Such a man would be succeeded by another or would be dead long before the proper credentials arrivedo It was not a rare event that the bishop would be removed by the king to another bishopric or fail to receive the confirming papers,,^E>3 '

This made the administration of a diocese very difficulty The result was chaos0 A priest properly assigned to any diocese in conscience did not have to obey such a superior0 Disputes with the regulars which color the pages of early Mexican history were legally based on this premise 5 namely, the bishop was not the rightful head

53o This happened to Bishop Bergosa y Jordan, who after three years of governing the archdiocese of Mexico, had to return to his former bishopric of 0axacao Gutierrez, opo cite, p 0 87= 32 of that particular diocese = Unfortunatelyj, this was an abuse of the royal patronages and it was frequently usedo Yet it had to be justified in the minds of the users0 Thus, the rise of the vicarial the©ry0^

Charles V had found much of the path cleared,, He could act with much more freedom since he had in his favor the precedents of the Catholic Monarchy Ferdinando What struck Charles most in that age of expansion was not the fact that he was the patron of the

Church in America, but that the management of the Indies was becom­ ing more complicated and extensive0 Thus he gave its direction over to the Council of the Indies which he created in August, l$2ko^

Under the rule of Philip II, the Spanish Empire continued the evolution already determined by a century of centralizing movements 0

Philip tried to revive the idea of a patriarchate for the Indies= Again

Rome replied in the negative, feeling that such an office would definitely impede and challenge its own authority, ^ The one stark element of reality was that Philip persisted in his demandso His temper was Spanish,

Philip was to add a remarkable sense of organization to the

Spanish political machinery® Because he occupied himself in giving

Ibid,, p« 87o

55o Go Ho Haring, dgo cit0 p, 1030

56, "Mo ha querido dar Patriarca o Legado con decir que se pondrfa alzar (y no) reeonocer la Sede Apostdlicao" Frias, op0 cito, po 307o Leturia, Felipe II y el Pontificado, p, 56® form to the affairs of state9 it is important to study the defining of royal patronage during his impressive reign=

In the VI Title of the First Book of the Laws of the Indies, an explanation is noted as to the reason for the royal patronages

1o o o as a consequence of discovery and conquering that new world, having built and furnished the churches and monasteries at our expense and that of our Most Catholic Monarchs who have preceded us, as well as the concessions of the bulls of the Most Sovereign d? PontiffSo8

What was generally overlooked was the fact that the conquests and discoveries never have been, or could they be, canonical titles for an ecclesiastical patronageo/ The true reason for the conquests was domination and commercial advantages which would accrue to the conquerorso If the affair has the further imprint of a crusade, it does not for this mark do away with the essential premise, so reason the opponents of the royal patronage0 They continue to outline that the construction and bestowal of gifts to churches and monasteries does give a title of ecclesiastical patronage, but only over the edifices gifted and built, not over those which might 'be erected in 58 the future without such aid.

The true force in dealing with the Holy See was provided by the Junta of 15680 One of the leading figures of this Junta was Juan

57o Gutierrez, Oj30 cit,, p0 101

58o Ibid,, pp. 102-10. de Ovandos professor of the University of Salamanca, counselor to do the Holy Inquisition and a man very near the throne=

He forcefully recommended that the revenues of the churches be put entirely under the control of the civil officials» Philip expressed the same frame of mind in a letter to the Viceroy of Toledo in which he affirmed that the patronal rights and the presentation pertained to him “by right of officeo” Moreover, it was his will to so conserve

Ovando made another point0 Since the first years of the discovery of the Hew World, the three Orders of missionaries,

Franciscans, Dominicans, Angustinians and later the Society of

Jesus were engaged in establishing the visible church and spreading the apostolate in the most remote regions of the Empireo Almost simultaneously there were planted in the more central locations various episcopal sees= There is little need to dwell on the obvious fact that among the regulars, who sustained almost single-handedly the pace of evangelization, and the seculars, in whose hands rested the government of the church in the Indies, problems arose= The

Junta attempted to work out a solution with the resolve to give to the seculars the principal sees and parishes where there were large

59o A well documented account of Ovando and this Junta is by Jose M 0 de La PeSa Camara, Las redaciones (Madrid: 19U1) and Leturia, Felipe II, opo cito, pp0 133-37o numbers of Spaniards., The remaining regions were to be under the direction of the Order men0

Side by side with these resolutions, the Junta occupied itself with another cardinal point in the program., Having transferred jurisdiction to the regulars, the Junta felt that these missionaries should be directed from Madrid in the use of their faculties0 This was simply the notion of the patriarchate in masquerade. It was agreed to appeal to the Holy See in a gracious gesture, so that it might give its consent in the creation of a eomisario for each Order which would have absolute jurisdiction over its respective members in the Indies0 Of course, the king would be their immediate head, not the provincial or superior general of the Order.

At this juncture, it was again proposed that a person be named by Borne who would have very broad delegated faculties from the pope in order to facilitate the settling of problems arising in the

Indies. The notion of a papal nuncio had been discarded by Madrid, for this would mean a direct line of interference on the part of Rome.

If the royal policy is open to criticism at this point, it is not so much in that it claimed to possess any vicarial powers5 for neither the lawyers, lay, nor ecclesiastical had as yet come up with this idea. All, at this moment, recognized the obligation to submit their resolutions to the Holy See for confirmation. The mind of Rome could not have been more clearly expressed than in the response of

6l. Leturia, Misiones, op. cit., p. 19 36

St0 Pius 7 when he rejected the Junta8 s resolutionso As it developed^ the Indies were to have neither patriarch nor nuncioo With this realizationj, the king played the role designed for a patriarch for his own benefit* Rome, in need of assistance against the Turk, did not agitate the situation* The apparent harmony was superficial*

Finally, from the point of view of Spain, a new and better historical phase seemed to be realized with the election of Pope

Gregory XIII* The awaited opportunity arrived* On September 9,

1£>72 the new Pontiff received the King’s secretary, Erasso, who delivered to the Pope the traditional request for a patriarchate with jurisdiction* Hot only was this petition denied formally on

December 18 of the same year, but the Cardinals were now questioning all the King’s rights in regard to the Church in the Indies*

Philip, with shrewd irony, remained silent, content to meditate upon the fact that he had impeded the sending of a papal nuncio to the

Indies* In the meantime, a practical base was being forged for the vicarial theory*

The tradition of acting without permission of the Holy See remained Philip’s most effective tool* His will was enforced through

Spanish officials in Hew Spain* In the Leyes de Indias this attitude is plainly manifested* viceroys, presidents and governors of the

Indies "vean, guardan y eumplan y hagan guardar y eumplir en todas aquelias provincias, pueblos e iglesias de ellas, todos los dereehos

que toearen a nuestro patronaszgo Many are the episodes of officials carrying out the royal patronage to the humiliation and condescension of the church officialso These are not given as irrelevant incidences but they are an attempt to comprehend the spirit which animated the royal officialso

At the time of the bishopric of don Pedro Moya de Contreras, later to be elevated to the presidency of the Council of the Indies,

Philip named as viceroy to Mexico, don Martin Enriquez de Alamanza0

A dispute arose concerning the seating arrangement in the cathedral of Mexico Gity0 This duel comedy ended in a seating triumph for the crown, as the viceroy, by force of arms, guarded the pre-eminence of the king’s ministers0 Another incident which demonstrated the zeal to uphold the leadership of the Spanish crown concerned the governor of YucatanQ He directed the ayuntamiento to issue an order to all the bishops under his territorial jurisdiction to carry out the followings In the collect of the Mass (one of the beginning prayers) it had been the custom to name the king after the local bishop 0 Also, the sacred ministers during a solemn high Mass, before they chanted the Epistle and Gospel, were to acknowledge the governor as the representative of his majesty by bowing their heads in the governor8s direction® By ignoring the mandate, the bishops showed their opinions clearly®^

62o Gutierrez, op® pit®, p® 103® 38

In the Eighth Title of Book I of the Laws of the Indie8$ Philip8 s reliance upon absolute authority is expressed in that all ordinaries in the colonies submit any synodal dispositions to the Council of the

Indies before their publication,. These had to be sent to the viceroy, president, and oidores of their respective districts,. All this, of course, was to safeguard the royal patronage and political intrigue«

Consequently, above the church councils, provincial and diocesan, loomed the protective shadow of royal authorities

Royal absolutism had grown during Philip's reign. How he ordered that regulars permit the proper bishops to inspect their houses and churches in regard to all liturgical matters.^ Border­ ing even more on the ecclesiastical domain, he commanded the bishops to allow greater numbers of mestizo boys to study for the priesthood.

He gave permission to the regulars to hear confessions at.any time and to administer the other sacraments without the Ordinary's 66 consent. As a penalty for not presenting his credentials to the

Council of the Indies, the Visitor of the Order of Augustine was not permitted to make his prescribed canonical visitation. ^

61;.. Ibid., p. 107=

65= It was only a coincidence that theCouncil of Trent expressed these same feelings.

66. This was definitelycontrary to the expressed edicts of the Council of Trent.

67= Leturia, Mi si ones, op. cit., p. f>0= The foregoing is not contained in the concept of just a patron.

Philip believed his acts to be extensions of papal concessions. In his treatment of seculars and regulars5 he attempted fairness^ charging the viceroy of New Spain to handle both on equal terms and 68 not to play favorites.

From the year II4.98 until the end of Philip1 s reign, the follow­ ing came to be established: There was little doubt that the king was going beyond the circumscriptions of a mere patron. The kings, from Ferdinand up to and including Philip II, had a clear idea of their royal patronage and something over. But Philip and those who preceded him did not have the notion of a vicarial power, for they invoked only the title of patron.

It was more the practice than the concept of royal intervention which was the foundation of the vicarial theory.

68. Mariano Cuevas, ©jp. cit., p. U8. CH6PT1R III

EXTEMSION OF THE B O H L VICARIATE

On the death of Philip IIs September of 15985 shortly after

Philip III ascended the throne5 Pope Clement VIII (1592-1609) sent to Madrid as nuncio extraordinary the prelate William Bastonis

Bishcp of Paviao His mission was twofolds to present Rome's sympathy for the departed Philip II and to bestow the Pontiff’s blessing on the new monarch0 Yet these were but veils covering a more important intent. The situation at this time was considered favorable in urging Madrid to change its policy in regard to ecclesiastical administration in the Mew World,^

Because of the many unreconciled problems facing the Church in the Indiess the nuncio announced that His Holiness could no longer tolerate in conscience the evils of the union of state and church in the Americas5 especially since the Spanish state Seemed to be taking over the functions properly pertaining to Rome, The Church had suffered spiritually from the depression and confusion caused by royal policy0 Philip’s successor did not yield, Philip III was to plod along the path mapped out by Ferdinand* In an unmistakable order5 he, Philip, let it be known that the Apostolic ministers were not to introduce any notion or prejudice that would disturb the jurisdiction and dignity of the crown's officialscJ®

In spite of this, the Holy See called together a commission of theologians to study the conduct of the King and his ministers in their handling of the Church in the Spanish Indies* At the termination of this inquiry, the commission found Spain* s methods to be injurious to the right of the Church in this vast area* Spain, however, did not abandon her religious obligations as she saw them, but neither did she care to incur the damaging censures of Rome*

To offset the Roman Council, in February of l$9ks a Spanish council of theologians was convened* What the Roman theologians had found lacking, the Spanish devines proclaimed that all things they had 71 encountered were right and even edifying* As can be well under­ stood, political prudence, possibly misguided, played an important role in this era*

These contests which loomed over Philip Ill's reign, neverthe­ less, were accompanied by a definite though not a radical trans­ formation* The regulars had from the very beginning of the conquest of the Indies been the favorites of the crown* They in turn defended U2

Spain’s policies0 This political prestige had caused the regulars in certain instances to defy the authority of the local bishops

The Council of Trent had expressly stated that the regulars must submit to the bishop in all things that pertained to the diocese or juridical circumscription of the properly appointed bishopFor some time Archbishop Perez de Serna of Mexico had appealed to the

Holy See to put an end to the freedom from episcopal control enjoyed by the regulars and recommended strongly the revocation of the

Bull Omnimoda of Adrian 171 On February 1623 the Bull

Inescrutabiles subjected the regulars to the mandates of their ordinarieso Thus the independent action of the regulars was checked and Spain remained silent<,

The shift in power in European affairs gave France the lead and the Roman cardinals held their ground against Spanish pressureo

Yet if Spain was declining in both her sea and land supremacy,, her

72o Cuevas3 op. cito, p 0 93o Whenthe First Mexican Council of Bishops was held on June 29s lf>5>f>9 it tended to limit the power of the orderso The religious3 on being so notified^ answered by referring to the Bulls of Leo X and Adrian VI, The Council of the Indies backed up the religious who successfully defied the Mexican Council«

73o It is interesting to mention that the Council of Trent was dominated by Spanish theologians and is sometimes known as the Spanish Council0

7Uo Ega8a9 ago cito9 p0 880 policy towards the Church in the Indies did not meet with the same

£ate0 An instance suffices to illustrate this pointo In the Laws of the Indies a rule stated that the bishops of Mexico must be careful in selecting preachers and seeing to it that these were competent^ for this work was important in the conversion and salvation of alio Yet another stated that archbishops should be watchful of their suffragan bishops and see to it that in the ease of a diocese being sede vacante the ecclesiastical eabildos should administer their diocese properlyo

These laws imply that king and not pope was responsible for the conduct of the Church’s ministers

Spain’s role in enjoying almost complete supremacy in Church administration is aptly demonstrated in this cases The Council of

Trent and the Bull Inscrutabilis subjected the regulars and all who had the care of souls, administered the Holy Sacraments, exercised jurisdiction, performed visitation and correctional powers to the bishop in whose territory they were working« Bishop Montenegro of

Mexico City enforced this ruling not by virtue of the Council of

Trent or papal bulls but by the power given to him by a royal cehula which had opinioned the same ruling as Trento Little by little the royal cedulas occupied the intelligence and conscience of the clergy— a place which rightfully belonged to the Holy See0

Yet this was not the end0 Philip IV (1621=1655)5 "a selfish, brilliant man of the world,” strove to protract the royal rights and, if possible, to increase them but without building this into a crisis that would, sever relations between Madrid and Rome “which neither

the traditional faith nor political interest counseled, “

Lacking genuine piety, he determined to make an outward

impression by forcing upon the Church of Mew Spain certain feasts,

A law was enacted in 1625 commanding that each year on November

29th a feast of the Most Blessed Sacrament be celebrated in all the

churches in the Indies, Another precept imposed a celebration of

solemn rank to the Blessed Mother and prohibited the irreverent

utterance of the Lord8s name under pain of punishment. The

renaissance that Philip desired was an enpty gesture.

Far more important in the realm of institutions were the laws passed that unmistakably extended the power of the state. All

candidates for archbishoprics or bishoprics, before presentation,

had to take solemn and formal oath before a notary and witnesses

that they would not in any way go against the royal patronage but

rather would help to preserve it. All viceroys, presidents, and

governors were instructed to forbid any candidate from taking possession of his charge unless he rendered evidence that he had

taken this oath. The police were instructed to confiscate all briefs

and bulls not passed on by the Council of the Indies and to see to it

that their contents were not enacted. This era suffered from an

incurable dynastic bias. It insisted in ruling every moment of its people's lives, '

Certain lay writers of the time came to defend this regalistic

frame of mind. The task was found to be an arduous one. Some of these works were put on the Roman Index of Books forbidden to be reado Such was the fate of two works, one printed in 162U and the other in l6280 The author was Francisco Salgado de Somoza0 The royal power in Spain decreed that the prohibition did not hold in

Spain for the sole competence in this matter was the Spanish

Inquisition

Once again fate intervened and Charles II was the last of his line0 A new century was to be inaugurated by a new dynasty. cM Pm iv

FORMATION OF THE VICARIAL THEORY

M O N O THE MISSIONARY THEOLOGIANS

It is almost certain that very often the historical facts

influence the theories, and. these in turn affect the events to bec

The vicarial theory was not molded, independently of the historical

actions of the kings or of the councils0

The letters of Alexander VI and Julius II were written in a

climate that was born Catholic, in which the advisors of the king were not foreign to the theology and canon law of the Church. They knew that the obligation of evangelisation was attached to and

radically inalienable from the Holy See. If the king had any such

functions, it was only because of delegation from the papacy0

Yet another idea had arisen which vitally influenced the

Spanish-Indian atmosphere and that was the notion that Spain was

the sustainer of Catholicism in the world. This frame of mind was prevalent even among the prelates in the New World as their 77 correspondence indicated.

77o An example of this is the request made by Bishop Zumarraga asking the crown, instead of Rome, to decide the dispute between the bishops and regulars over the right to hear confessions. Marian© Cuevas, locumentos Ineditos del Siglo XVI para la historia de Mejice (Mexico g D. F. Talleres tipogrk^icos Modelo, 191*0), p. 256o ' - - The problem was not one of mere “puerile hierarchy” but

of the magnetic effect which the crown had upon Church administrationo

There are four evident historical facts which are difficult to explain

merely on the thesis of the royal patronage0

lo The kings of Spain controlled the sending of

missionaries and their distribution in the Americas,

2, They limited the dioceses, although with the expressed

consent of the pope in each case,

3<> The Church in America lacked an intermediary official

with Rome, other than the king himself.

Us The elected bishops of the Indies, with the commission

of the king, governed their dioceses even before they received papal confirmation,^

A school of thought arose which tended to give these facts

legitimacy. Mere royal patronage was not sufficient. There had

to be substituted for it the doctrine of the vicariate or pontifical

delegation.

The Fathers who upheld the vicarial theory saw one fact over

the others3 namely, the bishops directed their dioceses without papal confirmation simply on the word of the king. The use of the

royal patronage could not extend to this purely ecclesiastical affairs

but it could be done if the king were the pope's vicar for the Indies,^

78, Egana, eg, cit,, p, 57=

79o Juan Pereira Soldfrsano, Poll tic a Indiana as cited in Egana, og, cit,, pp, U5-7o These thoughts occupied the minds of the first designers of the

vicarial theoryo

The first of these designers to be examined is Father Juan

Foehers 0oFoMo (do 1572) who expounded this Opinion in his letters

and other writings,^ In order to understand his thought, it is well

to sketch the background of his compositions=

He begins with the Third Rule of the Franciscan Order which

assigns to the superiors the right to send missionariesIn order

to confirm this rule. Pope Honorius II granted to the Franciscan

superiors the right to give to their missionaries faculties usually reserved to the Ordinaries» Provincials were given this power by way of delegation from their superior generalo These powers were 82 exercised in all their mission fields«

Under Philip II, as we saw, there was an attempt to give these powers to a patriarcho Failing in this the Junta of 1568 attempted to name a comisario for each of the Orders and for the JesuitsBut the Junta had little success with Rome0

80o He was a doctor of laws at the University of Paris5 he then went to New Spain, arriving there in 1532 as a Franciscan missionaryo His life and works are noted in detail in Mendieta, Historia eclesiastica indiana, pp0 cite, ppo 677-80 Leturia, El RSgio, OPo cito, p 0 137o

8l0 Manuale Historiae Ordines Fratrum Mnorum as cited in Leturia, El M g i o 7"oPo eit0, p 0 138 0

82o Ibido, ppo 138-k9o

83 „ Lucas Ayarragaray, La Igllsia en America y la dominaci&i espanola (Romae§ Institutum Historieum, 1926J, p 0 138o h9

Howevers what Rome refused to grant*, Spain was to obtain

through another channel0 The Superior General of the Franciscans

coup lied with the king’s plans with such ease that the Order itself

felt the necessity of unifying the direction of the missions in America

under one man0 On June 2s 1571 the person elected as Superior

General of the Franciscans was Father Cristobal de Cheffontaines5 who was most sympathetic to Philip’s designs0 Philip lost no time in sending Fray Juan de Bobadilla to entreat him to name a

coraisariQo Cheffontaines went one better by allowing the King him-”

self to choose whomever he wanted for the post0 On the 15th of May

15835 the Chapter of Toledo approved of this new appointee and bestowed upon him the character of an Ordinary«, In 158? Sixtus V confirmed the institution0 ^

Before the creation of the eomisario*, Father Focher set forth

the vicarial theory in a treatise entitled Be parvulis indiarum baptizandiSo ^ According to Father Focher*, a pope could*, in theory* commission either an ecclesiastic or a layman to send missionaries*, and these would enjoy the same prerogatives as those

sent by any pope o

81to Egana* ego cit0* p 0 65*

85o Leturia*, El llgio* op* clt0*> p 0 138« This missionary tract gave to the king the vicarial character

but restricted it to the sending of missionaries,, In earlier writings,,

especially the work entitled El Gomentarios written in l557s Foeher

touched upon another aspect of ecclesiastical administration in New

Spaing the problem of the contentions between the seculars and the

religiouso This dualism was the result of the opposition between

rival institutions„ but it did exert a strong influence upon the govern­

ment of the churcho The solution to the problem was first proposed

by Hernan Cortes in 1528 and was treated by the Junta in 1568

It was to give certain dioceses to the regular clergy,, This did not3

however3 solve the juridical question; namely3 what powers did the

regular clergy possess aside from the jurisdiction of the bishops?

Adrian VI in his letter3 Omnimoda3 seemingly made this

clearo The friars were free from episcopal jurisdiction and were

empowered to exercise any ministerial act as long as they were at 87 a distance of fourteen leagues from the bishop' s see0

iihen in l52lj. Father Martin de Valencia arrived leading

twelve Franciscans into New Spain., in virtue of this bull, he and his men believed themselves to have the right to perform certain

sacred functions as delegated not by any ordinary but by the Holy See0

With this in ininds the Junta Apostolica was convoked in 152If. which

86& Cuevass opo cito, Po 296„

87o Hernaezs ogo cito, P° 96„ was attended by all Franciscans^ five seculars and four civil

OO lawyers<, Not having any higher authority to which they could direct themselves* the Junta determined many points which in an established area would be within the exclusive competency of the 89 episcopal or councillor powers0

When the Dominicans landed in l£26 in New Spain* they and the

Franciscans agreed to exercise jointly all of the sacred faculties0

In 1528 Fray Juan de Zumarraga arrived as the first elected bishop of New Spain but he came without the necessary bulls of confirmation0 In addition* he had not been consecrated a bishop 0 ^

The regulars then allowed him to participate in their faculties* and on this foundation Zumarraga began to govern his diocese

Once the hierarchy had been fixed* differences arose almost immediately between the bishops and the regularso The religious* not willing to give an inch* petitioned Pope Clement VII to renew their faculties0 This was done on March 8* 1 5 3 3 Not yet

88 0 Leturia* Misiones* op0 cit0* p 0 96=

Q9o Ibid,

90o Cuevas* Historia* op, cit,* p, 2hl»

91o Ibid,

92 0 Hernaez* o^, cit, * p, 985c Mendieta* ap_0 cit,* p, 196, satisfiedg the Franciscans begged Rome to allow them to use their

faculties within the three mile limit set by the letters Qmnimoda0

Pope Paul III on February 1$9 1535 in the brief. Alias felicis, 93 granted the requesto

This caution on the part of the Franciscans was not to settle

the situation0 On the occasion of the consecration of the Bishop of

Oajaea y Guatemala, the gathered Bishops formulated an epistle and

sent it to the emperor expounding their point of view0 They lamented their inferior position in respect to the religious because

of the faculties which the latter possessed independently of episcopal control, which at times were not prudently used0 They pleaded with

the Pope to give them individual plenary authority and to have a papal legate named who would reside in New Spain to whom they could have recourse when necessary. Then a litany of complaints against the Order men was recited; that the regulars were administering the Sacraments to everyone including Spaniards definitely outside

their jurisdiction; that they preached and published whatever they wished without regard for the warning of the Ordinaries; that the representatives of the bishops were not given proper recognition by them. The one happy note was the praise given to the elementary 9li schools in the missions. The official policy, however, did not

93, Hendieta, ojc, cit,, p, 196,

9l*o Garcia leazbalceta. Appendix 95 as cited in Egana, _og(o cit,, p, 8?, £3

changeo The viceroy was informed to warn the superiors to do away od with any abuse 0 The matter was dropped,.

Pursuing the same line,, but with a better understanding of the

whole situation^ Archbishop Zumarraga of Mexico City; himself a

Franciscan; was familiar with the creative work performed in the

missions by the religiousQ Nevertheless; he viewed the problem as not one that dealt with some one or other eccentric regular abusing

his powers; but rather as an abnormal situation where friars had more authority than the bishop s„ Taking up the cudgel for right

order; the archbishop petitioned the Council of the Indies to inter- 96 vene and called for a meeting of a new junta0

In 1539 there was a new gathering of bishops forming the Junta

Eelesiastica de Mexico„ On April 2£ of the same year it notified

the three Orders of the decisions adqptedo Since the privileges

given to the regulars were only effective in the absence of the bishop; they were reminded that they were subject to episcopal

authority and could not exercise their ministry without proper 07 permission,/1

After a delay of some years the regulars retorted by calling a council of their own0 It was primarily convened to discuss the

secularization of certain parishes* They faced the obvious fact

95o Cuevas5 Bocumentos; ogo cito; p 0 M9 o

960 Ibido; p 0 U9O0

97 o Ibido that their parishes and doctrinas were slowly being taken away0

These „ they felt, had been built by them with the expressed permission of both Rome and Madrido To make matters worse,

the bishops were not demanding that marriage cases be submitted

to the diocesan boardo Basing their cause upon the letters of Leo X 98 and Adrian VI, they went on the defensivec

The period that followed lent itself particularly well to the advance of the vicarial theory0 The regulars instead of appealing to Rome petitioned the King0 Two distinct lines were now formedo

The bishops and the secular clergy were on one side and the regulars and the crown were on the other,, v

To the appeal made by the friars, the King responded in a cedula dated March 30, lf>!>7, directing the bishops of the

Ecclesiastical Council not to impede the religious in any way in the exercise of the facultieso^

It should be mentioned that before the arrival of this cedula of

March 30, 15#7, the Holy See expressed its mind to the letter. Ex

dementi Sedis Apostolieae, which supported the position of the

Franciscanso The importance of this document was that it unwittingly gave the regal cddulas an ecclesiastical character by seeming to uphold them® Some attention has been given to this

98o Ibid.

99o Cuevas, Historia, op. cit., p. 172. curious incident by Father Foeher who concluded that the cedulas 1OQ had the same authority as the papal document0

Less serene than Father Foeher was another of the same

Order, Father Alonso de la Veracruz (d0 158U)= Using the Thomistie method, he distinguished two characters in the kings one a mere king or temporal ruler and the other a pontifical delegate= The first was per se, the latter, per accidenso His whole thought can be reduced to two conclusions § the regulars were exercising their faculties legitimately, and, since the king had given them these attributes, the regulars were not exceeding their prerogatives«

This appealed to the lay power. Veracruz went a few steps further than Father Foeher by claiming that these privileges could be used TGI not only in favor of the Indians but also with the Spaniards.

Unlike the Angelic Doctor, Father Veracruz did not follow through with his reasoning. On October 20, l^Tit, he wrote to the

President of the Council of the Indies questioning certain cedulas which interfered with the internal life of the religious. A mandate had been issued that all newly elected superiors were to present themselves before the civil authorities. The friars asserted that the elections of religious superiors were outside the secular power. He forgot that he himself had defended the theory that put

100. EgaBa, pp. cit., pp. 115=26.

101. Cuevas, Historia, op. cat., p. 502. the king on an equal footing with the pope concerning ecclesiastical 102 matterso

In Spain this policy was reiterated with the same religious zeal by Father Manuel Rodriguez s 0oFeMo (do 1613) 0

The setting for his Questionss Regularss goes back to the encyclical * In tanta reruns of Pope Gregory XIII promulgated on

March ls. 1573 in which all privileges and usages which did not conform with the rulings of the Council of Trent were abolished0 He 103 did not5 however5 specify which concessions did not conform.

As a consequence of the encyclical, the Third Council of

Mexico notified the Orders of the new situation. In a collective response, the regulars testified that they would continue in the same manner as before until the king clarified the meaning of the papal documento The Spanish government under its centralistic inspiration did not remove the confusion<,^^

The tide of events still favored the regulars at the turn of the centuryo On January 1598, all of the privileges enjoyed by the

Orders were for the first time extended to the Society of Jesus or the Jesuit Fathers. Father Rodriguez seemed to answer the

102. Ibid., pp. 30U-07.

103o Hernlez, op. cit., p. U77o

IOI4.0 The Bishop of Cuzco, Gregorio Montalvo de Coca, O.Po, apparently felt that strong language might set things right. In a letter he stated that the ci’dulas did not interpret the bulls of the popes and that all of the king’s actions in this line smacked of Luthernism. Moreover, the regulars were not excommunicated by the pope only because he did not care to have the world scandalized. EgaSa, eg), cit., p. 90. difficulty that the Alexandrine concessions had lapsed because of the erection of episcopal sees0 He reasoned that the need to send missionaries to the Spanish Indies still existed and consequently the king's delegation to send them eontinuedo But since his delegation persisted, the regulars might continue to use the 10< privileges given to them by the kingo CHAPTER V

CRITIQUE OF MTONIO LELIO106

During most of the seventeenth century$ certain notable officials in the Spanish government were a force in favor of the vicarial theory0 The foremost of these was don Juan de

Soldrzano Pereira (iS^U)o It is sufficient here to set down the difference between Solorzano and the religious theologians0 The regulars invoked the theory as long as it aided them against the attacks of the hierarchy and sought refuge elsewhere when the king attempted to interfere in their internal affairs0 Solorzano invoked the same title in legitimizing royal intervention in ecclesiastical matters and in the life of the regulars0

Solorzano held that the royal vicariate was born of pontifical concession and was not innate in the crown0 Once this right was conceded by the Holy See and incorporated in the crowng it became a regal object not transferable either wholly or partially@

This resulted in a protracted conflict for the opposite view was taken by don Antonio Lelio® He took it upon himself to criticize

106o This chapter is based on two works s Gutierrezg Regio Patronato Indiano and EgaSa3 La Teorfa del Vicariato Espanolo

58 the tomes of Solorzano5 de Indiarmn Jiireo hello did not formally attack the vicarial theory, but his work gave evidence of the mind of

Borne o Lelio was frankly on the side of the Holy See0 There was no question about his thinking that the patromal powers of the king came from the Alexandrine Bulls„ His claim was that the spiritual and jurisdictional powers could not be deduced from these letters of the popeso He called attention to the decrees of the Lateran Council under Leo X and the Bull Exponi Nobis of Gregory XIII» Thus, though kings might magnify themselves, the competence of their office did not include. either spiritual or ecclesiastical jurisdiction,.

Theirs was the grave obligation to protect the church and not to interfere in those realms which did not concern them, much less their ministerso The theme of Lelio*s work is a condemnation of

Soldrzano*So

Called to defend his position, Soloraano reasoned that by the conquest of the Indies the kings of Castile and Leon enjoyed ecclesiastical jurisdiction0 This argument was set aside and for the same reason0 Nor was this right granted by the Borja Pope

Alexander because such a privilege does not find expression in his bulls, but also because the petition referred solely to the titheSo

Had such a right been given to the kings, the jurisdiction of the churches would also have been given to them and not to the bishopSo Nor does any document of the time indicate even indirectly that this power had been conceded to the monarehs and not to the bishcps0 Nor were the kings even conscious that they possessed such ecclesiastical jurisdiction0 There is one stark element of fact in Lelio,s criticism of

Solorzanoj namelys the unquestionable predominance of the notion that any privilege now possessed by the Spanish king was his by virtue of the Apostolic letters0 This drastic dose of realism was to be radically changed under the absolutism of the Bourbon dynasty of the eighteenth century. The title of Regis Vicariate Indiano did not exist at this time. It is not to be denied, however, that the vicarial power was evolving in practice.

The next circumstance of importance was the erection of the

Congregation for the Propagation of the Faith. This was the successful attempt of the Holy See to centralize within itself the worldwide missionary movement.

On February, 1633, the Congregation for the Propagation explicitly proclaimed as false the idea that the vicarial theory emanated from the Alexandrine Bulls. The document also went on to state that the king of Spain did not possess universal patronage.

Moreover, a work by a Father Juan Bautista, O.F.M., in defense of the royal vicariate was ordered removed from all the libraries.

Philip IV, strengthened by his ignorance and "by his tendency to think in simple categories," ordered the Council of the Indies to impose certain restrictions and inconveniences in the sending of missionaries to Spain1s colonial kingdoms. The result of this was that the regulars now began to criticize the vicarial theory. The crown changed its tactics and for the first time began favoring the bishops against the regulars. This reversal came at a time when the seculars were growing in numbers and the missions were beginning to suffer for lack of missionarieso (kfdulas were issued giving the seculars more parishes and forcing the religious to submit to their bishops0 The regulars who had conceived the vicarial theory now tried to abort it by adhering to the popes in opposition to the episcopacy and the crown0 The Congregation for the Propagation responded to the pleas of the regulars by reminding them that their subjection to the ordinaries was in conformity with the laws laid down by the Council of Trento CHAPTER VI

CHURCH ADMINISTRATION

IN THE SPANISH BORDERLANDS

Let us now attempt an estimate of what the vicarial theory meant in the Spanish Borderlands and in the ecclesiastical administration in this vast area.

To begin with,, let us rule out the definition so often given for the royal patronagej namely, the privilege granted by the Holy

See to the kings of Spain to fill out ecclesiastical offices in the

Spanish possessions, to collect tithes and monies and to control the movements of the religious0" ^ This definition is much too broad® The royal patronage consisted in allowing the kings of

Spain to fill all ecclesiastical benefices® Consequently all parishes were benefices, but missions were not® The kings of Spain could choose three candidates, the terna, and one of the three would be selected by the Holy See in cases of major benefices (bishop, canon), or by the episcopacy in cases of minor benefices (pastors) ®^^

107o Bernardo de Galvez, Instructions for Governing the Interior Provinces of New Spain, 1766 (Berkeley: The Quivira Society, IP^llTpT 19®

108® Haring, eg® cit®, p® 181

62 Through papal bulls other privileges were granted and from these the kings extended their powers^

A glance at two events will suffice to show the ecclesiastical organization in these regions and the effects of the king's supra- patronal powerSo

The mission fields in the present states of Texas3 New

Mexico3 Arizona^ and California were not clearly mapped-out political subdivisions at the time of their founding0 Therefore5 each of the four mission fields was distinct and separate from each other0

Each of these areas, moreover, was open for colonization and put under the control of a civil-military government0 The situation was such that conflicts between church and civil servants could and frequently did arise0^®^ One such contention developed between

Father Junipero Serra, of the now famed California missions, and the higher civil authorities,,

While in Baja California, Father Serra came across the fact that the Jesuit Fathers enjoyed the faculty of administering the

109o Gleve Hallenbeck, Spanish Missions of the Old Southwest (New Yorks Doubleday, Pange and Co0, 1926) ppc 2-ll0 Sacrament of Confirmation0 He now sought this privilege for his own Franciscans* It was not, however, until he began his work in

Alta California that he received from the guardian of the Franciscan 111 College of San Fernando assurance that Home had given permission.

Father Serra received the official document authorizing him to confirm. This he reported to the governor, Neve, The year was

1777= In his reply the governor inquired as to whether these faculties had been passed upon by the Council of the Indies, These privileges had to be presented in Spain and in Mexico in order to get n p the royal approval. Father Serra1s answers ’My college has sent it to me telling me to confirm. Thus I might suppose that there (in

Spain) they did what they were supposed to do for they know what the 113 law requires,*

The Confirmation controversy was to begin when Neve wanted to appoint missionaries to the doctrines. This he claimed by right

110, This sacrament can be administered only by bishops, A priest was and is absolutely forbidden, under penalty of suspension, to administer the Sacrament unless he has this faculty by law or by grant from the Roman Pontiff,

111, Zephyrin Englehardt, 0,F,M,, The Franciscans in California (Michigans Holy Childhood Indian School, 1897) p, 80,

112, Maynard J, Geiger, 0,F,M,, The Life and Times of Fray Junipero Serra, 0,F,M, (Washington: Academy of American Franciscan History, 19^9) p , 159,

113, Ibid,, p, 160 Irving B, Richman, California Under Spain and Mexico (New York: Houghton Mifflin Co,, 1911)% of being made a vice patron* Father Serra correctly observed, as did Father Lasuen years later, that the royal patronage was without

*1 "I 1 pertinence in frontier districts such as California* He reasoned that the royal patronage was to be exercised over parishes or doctrinas* But California was not subject to any bishop, although the bishops of Guadalajara and Durango claimed it by reason of proximity but not by definition of law* As a result the terna could not be exercised in these California missions for these were technically 115 missions and not doctrinas*

Father Serra has the correct notion of the royal patronage*

The governor was trying to apply not merely the patronato but the vicarial powers which were delegated to him by the Commandant-

General, Teodore de Croix* This was a common attitude taken by other Spanish civil officials also* levs emboldened by this regalistic frame of mind retorted without any basis in fact that these establishments were not missions but doctrinas hence under the jurisdiction of a bishop * Documents would have settled the argument but Neve did not produce any* The fact is that no such transfer from mission status to doetrina had as yet taken place*

llii* Father Lasuen was Father Serra8 s successor in the California missions*

115o A doetrina was a parish in which a regular was the pastor* It is to be noted that for a mission to become a doetrina the district had to be under the jurisdiction of a bishop and the parish so designated by the patronato as a doetrina* The pastor of such a place was known as a doetrinero* How Father Serra raised another question,. If California was under a bishop then the faculties to confirm were invalid since they were given only where the missions were not parts of a diocese0

Howevers the Franciscan maintained: 8I have proceeded without n 6 the least doubta nor do I have any doubt at the present moment0 8

Governor Heve insisted that he was certain that the Bishop of

Guadalajara had jurisdiction oyer the areao The Bishop of

Guadalajara, Harearulla, had in fact laid claim to Alta California in 1775o The sacred oils used in baptism, in the rites for the sick and for confirmation were consecrated by the Bishop of

Guadalajara and annually brought north to California,, In either case, no legal decision had been made by Rome, and it was beyond

Heve8s competence to make that decision0

The Governor knew enough theology not to question Serra8 s power to confirm but he questioned rather his permission to use that facuityo It was noblong until the Commandant-General took the side of the Governor« Father Serra continued to confirmo By

August 19, 1779, he had confirmed two hundred seventy-eight 117 personso

Meanwhile, a royal eedula had been issued on Hovember 23,

1777 in a dispute between the Archbishop of Santa Fe (Bogota) and

ll6o Geiger, oj>o cit0, p 0 l60o

117* Ibido, p<, l8Uo the Viceroy of Lima,, The cedula charged that all papal briefss in addition to royal approval, had to have the approval of the viceroy or his delegate enjoying the patronage0

Neve under instructions from Croix demanded that the faculty of confirmation be given to him so that he might put his approval on this documento Otherwise to exercise such a privilege was illegal under the c/dula of November, 1777» Father Serra suspicious of his intentions did not surrender the document. Neither Father Serra nor the Guardian of San Fernando College, Father Verger, ever pointed out that the papal brief did not need the approval of any civil official, not even the king's, to be validly administered. They merely acknowledged the regalism of the century and played the game of interpretation of royal cedula.

After tortuous civil investigations, the Viceroy, Martin de

Mayorga, advised Croix and Neve to impede Father Serra no longer.

The case was closed. It was one of the many samples of the use of the vicarial powers of the king in the interference of ecclesiastical administration.

The second crisis, in order to illustrate the ecclesiastical organization of the church in the Spanish Borderlands, was caused by the Franciscan Bishop, Antonio de los Reyes,

In 1768 Sonora and Sinoloa belonged to the diocese of Durango,

Lower California was attached to the diocese of Guadalajara, In this same year the idea of a new diocese for the northwestern states was proposed© Sonora., Sinoloas and Lower California were to constitute it©

The creation of a new diocese was still firmly in the hands of the Holy See© On the recommendation of the king,, Pope Pius YIS on

May 7S 1779 created the diocese of Senora, and this comprised

Sonora, Sinoloa and the two Califomias© % p e r California, which up to this time was not subject to any diocese, had been under the

Franciscan College of San Fernando©

In one of the dioceses presented to the Pope was a former

Sonoran missionary of the Franciscan College of Aueretaro,

Antonio de los Eeyes© On December 12, 1780 he was elected bishop of this new diocese©

This whole area was for all practical purposes mission territory© Only the parishes of Horcasitas and Tonibavi were under secular control in Sonora© The other places were missions under the charge of the Guardian of the Franciscan College of Querltaro©

The Dominican Fathers now controlled Lower California with head­ quarters in Mexico City© They were under the Province of Santiago©

Upper California was under the Franciscan College of San Fernando©

Only one secular priest served in Lower California in the mining town of Santa Ana© Upper California had only Franciscans© No bishop had ever visited either of the Calif omias©

Eeyes conceived a plan to reorganise the whole administrative set-up of the Church in the Provineias Internes© He believed that many serious injuries had been suffered by this area0 5Three bishops have visited part of these missions and in the books of

administration are found decrees based on these visitations, which have been and are the cause of the greatest confusion among the

- i *i Q unhappy children of the Church „1

Again he cited the many evils that were causedby that

organization. It was one of the causes of the feud between regulars

and bishops when the latter governed the area. He made reference

to a decree by former Bishop of Durango, Esconuela, Eeyes notes

that the Bishop forbid the friars to administer the Sacraments to

the Spaniards and gente de razon. To do so the missionary needed

the expressed permission of the secular pastor. The Bishop had

divided the entire Province of Sonora into two parishes 8 11 The missions and villages of Upper and Lower Pimaria which stretch from north to south a little more than 180 leagues were to be under

the pastor of San Miguel de Horcasitas, The missions and villages

of the two rivers and valleys of Sonora and ©posura were to be under

the pastor of Tonibavi," Eeyes correctly demonstrates that it was impossible for these two pastors to handle the souls under their

jurisdiction without the help of the missionaries. Yet the missionaries were accused of usurping the jurisdiction of the

118, Report on the Missions of Arizona and Sonora of 1772 by Fray Antonio de los Eeyes, The following are taken from the Eeyes report of 178U and the Barbastro Memorial of 1788, 70

seculars if they administered the Sacraments to the Spaniards even in cases of emergency.

While still a friar3 Reyes proposed a plan in which these abuses would be remedied. It must be kept in mind that Reyes had been a missionary in Sonora not more than three years3 and presumably was acquainted only with this section of the vast Provincias

Interneso

Before the new plan was put into effect, the Spanish Border­ lands were under the following administrative set-ups The

Dominicans in Lower California were subject to their provincial in Mexico City, The Franciscans in this vast area were subject to three different provincials, the area being divided into three distinct provinces. Next.in the line of command were the guardians of the colleges, each college having a definite mission area. In the mission field several missions were under the control of a president or custos. Moreover, all of these were in turn subject to a bishop, in whose diocese they resided, for all things pertaining to the care of souls but not to the internal administration of their houses,

Reyes felt that this was causing too much confusion and that many evils resulted. He proposed that the area be divided into four custodies. Each of the four custodies was to be ruled by a custos.

These would be independent of the colleges though the missionaries were to be still supplied by the colleges. The four custodies were

119o Geiger, og, cit,, p, 3U3, 71 really sub-provinces and hence Independent of the fully formed provinceso In the actual mission field presidents were to be appointed subject to the superior custos0 The term of office for any superior was three yearso

This plan was approved by Charles III on June 30, 1777o

Rome gave its consent on November 17, 1779o Reyes was made

Bishop in 1780 0 The four custodies were divided as follows s Be La

Conception in New Mexico3 San Carlos in Sonorai San Gabriel in the two Californias; and San Antonio in Nueya Vizeayao The Province of the Holy Gospel was to supply men for the custodia in New Mexico0

The Province of Jalisco and the College of Santa Cruz in Quer^taro were to serve Sonora while the Province of Miehoacan and the

College of San Fernando were to send their men to the Californias0

This was a polite way of telling the Dominican Fathers that they were no longer needed in Lower California0 Nueva Vizcaya was to be supplied by the Province of Zacatecas and the College of Nuestra

Senora de Guadalupe„

On February 11, 1783 the three Franciscan missionary colleges united in a determined protest against this scheme0 They pointed out that this organization could only succeed among semi- civilized nations and this area did not have such nations0 The whole plan presupposed the ability of the natives to support the churches„

This plan also required the Fathers to live in large communities from which they would go out to minister to the Indian .rancheriaSo

Bishcp Reyes forgot, presuming that he had known, that the borderland missions offered new problems which never entered into the evangelization of Central Mexico„ The missionaries proved themselves to be righto The plan never got off its feeto On

August 17 s 17925 the custodia plan was nullified by a decree of the

Kingo This error was allowed to be because of the interference of

Charles® supra-patronal powers0 The old mission system was thus resumed. CHAPTER H I

THE DRIVING FORGE OF THE CONGREGATION

FOR THE PROPAGATION OF THE FAITH120

The history of the vicarial theory cannot be adequately grasped without examining an element of essential importance? namelys a short sketch of the formation of the Congregation for

the Propagation of the Faitho Nor will it be wasted material to trace briefly the origins of this organization which when properly defined and measured is the very opposite to any vicarial concept as conceived by the Austrian monarchs0 It iss

therefore, unavoidable if portions of history well known to the reader be repeated^ This story is told only insofar as it relates

to the vicarial theory.

During the Pontificate of St. Pius V, an unmistakable missionary spirit animated his reign. Theologians and jurists felt that this movement should be centralized. This, of course, was the age of Philip II of Spain and the tendency among the regalists of the time was towards the centralization of political

120. Please note that the chapter is based largely on the work of Gutiirrez, Rdfgio Patronato Indiano.

73 institutionso This animus was translated into ecclesiastical circles, as the history making Council of Trent demonstrated^

To regulate and put under one management the missionary efforts of the Church were unintentionally given a certain momentum by the Bishop of Tourani, Jean Vendeville0 His petition to Pius ? was the hope of establishing an organization to work among the slaves and also to strive for the conversation of the schismatic

Greeks and Maronites0 With extraordinary insight, the Bishop proposed yet another idea to form a single organization that would send priests wherever, they were needed in the worldo

Pope Pius felt the gentle inspiration to form such a society«

These feelings he converted into action when he called Father

Francis Borgia, the third superior general of the Jesuits, for councilo These two saintly persons were on very close terms

Pope Pius V wanted to use some of the priests of the Society of

Jesus for this new project* The reply was in the affirmative. The importance of this act was to concentrate in Borne a center of missionary activity with the Holy See having a more direct control over the men themselves rather than the respective governments of these men*

One rival remained formidable, Philip II, Such an organization in Borne would be contrary to his own administration insofar as it concerned Spain’s possessions. Under these circum­ stances and in order to avoid a harmful conflict. Father Borgia attempted to persuade Philip that Home’s intentions were only in the realm of the spiritual which properly belonged to hers •The Holy

See has no other desire except the spiritual which properly belongs to this office coo? without interfering in the least with that which belongs properly to the state 0 = o1

There was no victory for Borne0 Philip opposed the setting-up of any such missionary organization in the Holy See0 This sentiment was so expressed by his ambassador in Rome? Zunigao

Although Pope Pius ¥ did not get his way? the idea for such a congregation persisted. Others were to revive this notion after the death of Philipj among them the Spanish Carmelite? Fray Tomas de Jesuso He proposed such an idea in his work? Be procuranda salute omnium gentium? in 1613. Pope Gregory X¥? seeing clearly the advantages of a central missionary organ? founded such on

January 6th0 The Congregation for the Propagation of the Faith was thus initiatedo The whole missionary movement of the Church was thus tied tightly to the Holy See.

The brutal fact had to be faced that? although Philip IV received the news of the foundation of the new missionary organ without fuss? the Spanish court did not give up its control of its supra-patronal privileges. In short? Madrid and Rome were to pursue diametric ally opposed methods in handling the church administration in the Indies.

One thing is certain? although Rome was to continue in opposition to the theory? it had already taken root in the minds of colonialso This state of mind remained years after Spain lost her

Indieso By the constitution of 1857^ Benito Juarez finally broke the union between church and state and the idea of a state having vicarial powers over church administration0 The new concepts of state and church in modern times were not as yet realized or accepted! consequently, self-control and the critical sense were not as yet fully developed on either side0 BIBLIOGRAPHY

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