be exercised in this. Further, we order that the religious who shall go to the said islands at our cost, and who are assigned to live there permanently, shall not go nor shall they be permitted to go to the mainland of China, or to other places, without permission from the governors and archbishops, since we send them to fulfil our obligation to impart instruction to our vassals. No lay Spaniard shall give them a fragata or ship’s supplies without our special order, or the permission of the governors and archbishops, notwithstanding any privileges that they may urge.27 [Felipe II—Barcelona, June 8, 1585; Toledo, May 25, 1596; Felipe IV—in the Recopilación.]
We order our viceroys of Nueva España to give license for the preaching of the holy gospel, the conversion and instruction of the natives, and for everything else that is usual, to the discalced Carmelite religious whom their order shall send from Méjico for that purpose to the Filipinas Islands, Nuevo-Méjico, and other parts; and in order that those religious may be encouraged and incited to serve our Lord in that apostolic labor, the viceroys shall protect and aid them as far as possible. [Felipe II—Madrid, June 9, 1585.]
We charge the provincials, priors, guardians, and other superiors of these our kingdoms and of those of Nueva España not to prevent or obstruct the voyage of the religious who, after receiving our permission, undertake to go, together with their commissaries, to engage in the conversion and instruction of the natives of the Filipinas Islands. Rather shall they give those religious the protection and aid that is fitting. [Felipe II—Monzon, September 5, 1585.]
In consideration of the expenses incurred by our royal estate in the passage of religious to the Filipinas Islands, of the need [for religious] caused by those who return, and of the place that they occupy on the ships, and the fact that some persuade others not to go to those parts, we order our governors of the said islands to meet with the archbishop whenever any religious shall be about to leave those islands for these kingdoms or for other parts; and, after conferring with him, they shall not grant those religious permission to leave the islands except after careful deliberation and for very sufficient reasons. [Felipe II—San Lorenzo, August 9, 1589; Felipe III—Madrid, June 4, 1620.]
We order our viceroys and governors of Nueva España, and charge the superiors of the orders—each one so far as he is concerned—to see to it with all diligence and special care that the religious sent to the Filipinas Islands pass thither without being detained. They shall not be allowed in other provinces, nor shall any excuse be accepted. [Felipe II—Aranjuez, April 27, 1594; Felipe III—San Lorenzo, September 17, 1611.]
[The following law taken from título xv of this same libro is here inserted.]
Inasmuch as we have been informed that the religious sent on our account to the Filipinas Islands for new spiritual conquests will accomplish greater results if each order is set apart by itself, we order the governor and captain-general, and charge the archbishop, that when this circumstance occurs, and for the present, together they divide, for the instruction and conversion of the natives, the provinces in their charge among the religious of the orders, in such manner that there shall be no Franciscans where there are Augustinians, nor religious of the Society where there are Dominicans. Thus each order shall be assigned its respective province, and that of the Society shall charge itself with the [care of] missions; for it is under this obligation that they are to remain in those provinces, as do the other orders, and in no other manner. [Felipe II—Aranjuez, April 27, 1594.]
The Audiencia of Manila shall give what is needful in ships, ship-stores, vestments, and the other customary supplies, to the religious who shall have license and permission to enter China or Japon, according to the ordinances. Our officials of those islands shall execute and pay for what the presidents and auditors shall order and authorize for that purpose. [Felipe II—El Pardo, November 30, 1595.]
It is fitting for the service of God our Lord and our own that, when any religious are to go to preach and teach the holy Catholic faith to the heathen who live in the kingdoms of China, Japon, and other places, they shall not enter the country of those barbarians in such a way that the result that we desire should not be obtained. Therefore we declare and order that no one of the religious who live in the Filipinas Islands be allowed to go to the kingdoms of China and Japon, even though with the purpose of preaching and teaching the holy Catholic faith, unless he should have permission for it from the governor of Filipinas. Whenever there is a question of sending religious to China or Japon, or permission is asked for it, our president and auditors of the royal Audiencia of Manila shall meet in special session with the archbishop and the provincials of all the orders of the Filipinas, and they shall consult over and discuss the advisable measures for the direction of that holy and pious intent. They shall not allow any religious to go to the kingdoms of infidels without a previous permission of the archbishop and governor, with the assent of all who shall be at the meeting. In order that this may be done, our president and Audiencia shall give and cause to be executed all the orders that may be necessary. Such is our will. [Felipe II—Madrid, February 5, 1596; Felipe IV—Madrid, December 31, 1621; February 16, 1635; November 6, 1636; September 2, 1638; July 12, 1640; in this Recopilación.]
Our viceroys of Nueva España shall protect the religious who go to the Filipinas Islands by our order and at our account; and the officials of our royal estate and all our other employees shall give them speedy despatch and shall treat them well. They shall collect no duty for their persons, their books, and the warrants which are given them on which to collect the cost of the voyage. [Felipe III—Madrid, September 18, 1609.]
His Holiness, Paul V, promulgated a brief at our request, dated Roma, June eleven, one thousand six hundred and eight, in order that the religious of the orders of St. Dominic, St. Francis, and St. Augustine may go to Japon to preach the holy gospel, not only by way of the kingdom of Portugal, but by way of any other country; and it is advisable for the service of God our Lord that that brief be duly fulfilled. We order our viceroy of Nueva España and the governor of the Filipinas Islands, and charge the prelates of the islands, to cause it to be obeyed and fulfilled, with the conditions and licenses ordained by the laws of this título. [Felipe III—Madrid, February 8, 1610; Felipe IV—in the Recopilación.]
We order our governor and captain-general of the Filipinas Islands that if there are any religious there who live in great scandal, and not according to their rules, habit, and profession, and others who have been expelled from their orders, whom the provincials cannot drive from that province because of the difficulty of embarking them for Mégico, that he hasten to remedy this, as is necessary and as is most fitting to the service of God, our Lord, so that such religious may not remain in those parts.28 [Felipe III—San Lorenzo, September 17, 1616.]
Inasmuch as briefs have been despatched by his Holiness, ordering the religious of the Order of St. Augustine in some of the provinces of Nueva España to elect in one chapter some of the Spanish religious who reside there, and in the next chapter religious born in the Indias, we ask and charge the superiors and chapters of the said order to observe the said briefs and cause them to be observed, in the form ordered by his Holiness—both in the provinces of Nueva España and in the Filipinas—since they have passed before our royal Council, and testimony has been given of their presentation. The same is to be understood in regard to the other orders and provinces of the Indias, which shall possess briefs for the alternativa, and under the same conditions. [Felipe IV—Madrid, September 28, 1629; August 1, 1633; and in the Recopilación.]
Although it was determined that no religious except those of the Society of Jesus should go to Japon to preach the holy gospel for the space of fifteen years, and that the others who should try to go to those parts through the rules of their order or their particular devotion should be assigned the district to which
See also the instructions given by Felipe II to Francisco de Tello, at Toledo, May 25, 1596, in our Vol. IX, pp. 250, 251.
A note to this law in the Recopilacíon reads as follows: “This law was extended to all America for the same reason, by a royal decree dated Madrid, March 28, 1769; and the prelates are not allowed to expel members of the orders except for just cause, while those thus expelled are to be sent to Spain.”
