FREE BOOKS

Author's List




PREV.   NEXT  
|<   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185  
186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   >>  
purpose he threw out all the rest [of the governor's nominations]. He had the prebendaries of the cathedral notified not to accept Don Andres, under penalty of excommunication, and notified Don Francisco de Baldes to assist in the choir as before, since he was the archdeacon--telling him that his resignation had been invalid, as it had been made through the governor and not through the ordinary, before whom the resignation of any ecclesiastical benefice must be made; but the good man did not heed the archbishop and those who were aiding him. Although it is true, and a matter that has been settled by law, that the resignation from an ecclesiastical benefice in which the incumbent has been canonically installed must be presented only through the ordinary, yet Don Francisco de Baldes did not hold the post of archdeacon _in titulum_, but only in charge, and until his Majesty should appoint another. Therefore, the resignation from it was governed by the same rule as the resignation from other chaplaincies of the king, who was the one to appoint other incumbents to them. It is not necessary that those who hold these should make their resignation before the ordinary; and this, it seems, is the practice. For the same object of preventing that presentation, the archbishop exiled Don Andres Xiron, and announced that he was excommunicated. But his Majesty likewise orders in a royal decree that, when the governors should present any persons as prebendaries, the archbishops should accept them, unless they had some objection to offer to them; but that if any exception were made, then such were not to be accepted--with the proviso that the exception must be proved, and, if it should not be proved, then they must pay damages to the one presented. Therefore, the archbishop came forward for this purpose, and entered several exceptions before the royal Audiencia against the said master Don Andres Xiron. The latter manfully repelled these accusations, and purged himself from them all; for at the outset, in reply to a formal accusation with evidence that he had caused a miscarriage, some years before, by ordering a pregnant Indian woman to be whipped, the said master Don Andres Xiron came forward with another report made by the same judge, in which the witnesses who had sworn against him retracted their oaths, and declared that they had been induced by others to swear; whereupon the judge declared him free from that calumny. Further, on the
PREV.   NEXT  
|<   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185  
186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   >>  



Top keywords:

resignation

 

Andres

 

archbishop

 

ordinary

 

Therefore

 

master

 
appoint
 

governor

 
presented
 

Majesty


exception

 
purpose
 
proved
 
forward
 

Baldes

 
prebendaries
 

notified

 
ecclesiastical
 

benefice

 

declared


archdeacon
 

Francisco

 

accept

 

entered

 

exceptions

 

induced

 

Audiencia

 

damages

 
Further
 

calumny


objection

 

proviso

 

accepted

 

evidence

 

caused

 

accusation

 

witnesses

 

formal

 
report
 
miscarriage

pregnant
 

ordering

 
whipped
 
manfully
 

repelled

 
retracted
 

Indian

 

accusations

 

outset

 
purged