the sanction of royal approbation before it was valid in this country; and even for the prevention of what were termed reserved cases, the Kings took care to obtain extensive privileges for the archbishops and bishops. All briefs, bulls, dispensations, indulgences, and other pontifical acts were sent from Rome to the King; and the Council of Indies had the exclusive examination, admission or rejection of them, as they might consider them advantageous or injurious to the royal prerogative in the colonies.
The right of patronage belonged exclusively to the King; he had the presentation to all archbishoprics and bishoprics, and every other office even to the lowest was filled by the royal will. The presentation to vicarages, curacies, chaplainries, &c. was delegated to the Viceroy, as Vice-patron; and if any dispute should arise respecting the due exercise of this delegated authority, it was carried before the Council of Indies, which was authorized to regulate any such controversies. This entirely deprived the pope of all interfering power; indeed he enjoyed no other right than that of granting bulls, briefs, &c. when they were requested, and of deciding in cases of conscience, when they were submitted to him by the Council of Indies.
All bishops and other beneficed priests rendered to the King, as patron, the entire rent of their benefice for one year; it was called the annata, and was paid in six annual instalments. The revenue of the mitres was derived from the tithes; two ninths of which belonged to the King, one fourth to the mitre and the remainder was applied to the other ministers of the gospel, both of the choir and collated benefices. For the security of the royal privileges, every bishop made oath, before he took possession of his see, that he would respect the royal patronage, and never oppose the exercise of its rights.
The archbishop had his ecclesiastical tribunal, and so had all bishops in the Spanish colonies. It was composed of himself, as president, the fiscal, and provisor vicar general. All ordinary sentences were given by the provisor, the president's signature being subjoined; but all important cases were judged by the archbishop.
The jurisdiction of this tribunal embraced all causes spiritual, such as orders, marriages, divorces, legitimations, pious legacies, monastical portions or dowries, with the defence and preservation of the immunities of the church, and contentious disputes between the members of the church, as well as those preferred by laymen against priests. All who had received holy orders enjoyed the fuero ecclesiastico, and all criminal complaints against the clergy must be laid before the ecclesiastical tribunal, but there was an appeal to the royal audience, as has been mentioned, by a recurso de fuersa.
Suits instituted in an ecclesiastical court were equally as tedious and expensive as those of a secular one.
Five provincial councils have been held here for the regulation of church discipline. The two first were held in 1551 and 1567 by Don Fray Geronimo de Loaisa, and the other three in 1582, 1591, and 1601, by Saint Thoribio de Mogroviejo.
The provincial of each monastic order was the prelate, or head of the order; he judged, in the first instance, of any misdemeanour committed by the individuals wearing the habit; he also inflicted corporal as well as spiritual punishments; besides ordering temporal privations, on which account monasteries were not subject to the ordinary.
The chapter, or cabildo ecclesiastico, of Lima had a dean, a subdean, a magisterial canon, a doctoral, a penitentiary and a treasurer; six prebendaries, four canons, six demi-proporcionaries, medio racioneros, and for the service of the choir four royal chaplains, two choral chaplains, a master of ceremonies, besides chaunters, musicians, monacillos, who served at the altar; porters, beadles, &c. The prebendaries and canons were distinguished from other clergymen by wearing white lace or cambric cuffs.
In the Spanish colonies the care of souls was confided to rectoral curates, who officiated in parishes where the population was principally Spanish or white creoles; they received a stipend out of the tithes, and from their parishioners they were entitled to the firstlings, primicias, which consisted of one bushel of grain of each description, harvested by each separate individual, if the quantity harvested exceeded seven bushels; but no more than one was exacted, however great the quantity of grain might be. For animals and fruits they generally compounded with their parishioners. They were also paid for baptisms, marriages and funerals; besides which they had perquisites arising from church feasts, masses, &c.
The doctrinal curates were those destined to towns or parishes the population of which was composed chiefly of indians; they had fewer perquisites, and received nothing for baptisms, marriages, or funerals, but a sum established by the synod, which was very small. They had however a stipend assigned them by the King, which they got from the treasury: it seldom exceeded 500 dollars.
The missionaries enjoyed curial and apostolical privileges in their villages, or reductions; they were of the order of Franciscans, who at the extinction of the Jesuits filled all the missions vacated by this death-blow to the advancement of Christianity among the unchristianized tribes of indians in South America.
The election of curates took place about every four years, and was called the concurso, at which time all those possessed of benefices, and who wished to be removed, presented themselves; having first obtained permission from the archbishop, and left another clergyman in charge of their parish. The archbishop and four examinadores examined them in Latin and theological points, and either approved or reproved them. If the former, an allegation of merits and services was presented, without any expression of inclination to any particular parish, and after all the examinations were ended the archbishop nominated three individuals to each of the third class or richest livings. These nominations were forwarded to the Vice-patron, who confirmed one of each three, and presented him with the benefice, returning immediately the two remaining ones. Out of these, other nominations were made for the second class, and then sent for confirmation. The returns furnished names for the first or lowest class. The archbishop could appoint, on the death of a curate, any priest to fill the vacancy pro tempore without the confirmation of the Vice-patron.
All persons who received holy orders must possess a sufficient congrua to support them decently, if not, they were ordained by a title of adscription, by which the archbishop could attach them to any curacy as assistants or coadjutors.
No curate or priest could enjoy two livings or benefices, nor absent himself under any pretence from the one he held without an express permission from the vicar-general; none could appear as evidence in cases where there was a possibility of the culprits being sentenced to death, and they were expressly prohibited from interfering, either directly or indirectly, as magistrates. It is certainly to be regretted, that in all parts of the world, I mean the Christian world, the same laws are not established; for what ought to be more dear to a shepherd than his flock; but alas! many take charge of it for the sake of the fleece, and for that only.
Some of the popes, imagining in their ardour of usurpation, that they should increase the sanctity of the Church by elevating it above the reach of the law, barred its doors against the civil magistracy, and made it the refuge of outlaws; thus mistaking pity for piety, Christian forgiveness for religious protection: hence the temple was opened to the murderer, his hands still reeking with the blood of his fellow citizen, and closed against the minister of justice, whose duty it was to avenge the crime; as if God had established his church for the protection of vices in this world, which he has threatened with eternal punishment in the next.
Spain, either through fear or as the bigot of ancient customs, maintains her asylums on the plan to which Charlemagne reduced them in France in the eighth century. By the request of the King a bull was issued, dated 12th Sept. 1772, limiting the place of immunity throughout the Spanish dominions to one church in each smaller town, and to two in large cities; the Sagrario and San Larazo enjoyed this privilege in Lima.
The immunity of the church protected a man who had killed another by chance or in his own defence; but if he had been guilty of murder, or had maliciously wounded a person so as to
