Penalver y Cardenas, Luis, Bishop of
Louisiana
General proceedings of the visit of the diocese of Louisiana and in particular of New Orleans by Don Luis Penalver y Cardenas, its first Bishop, and the Notary Dr. Jose Maria de Rivas, his private and official secretary.
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1795 Jul. 29
Penalver y Cardenas, Luis Bishop
(New Orleans)
1. The Bishop declares: a) That he took possession of his Episcopal
see on July 24, and immediately turned his eyes upon his numerous flock
scattered over extensive lands and greatly in need of spiritual aid on
account of the difference of temper, character, and customs, as it is
explained in the royal mandate issued from Aranjuez on Jan. 24 of this
same year.
2. Therefore the Bishop commands: a) That on the same day there be
published, "inter missarum solemnia," the general edict which contains
the articles that are to be treated of at the Visit and that all the
people in this city, without exception, be convoked to meet in the
Cathedral at 7 o'clock in the morning, in order that they may comply,
according to their knowledge and conscience, with the articles of the
edict. b) That in order that no one may allege ignorance, this Act
shall be published tomorrow in their own church during the Mass by the
present secretary, whom the Bishop made the Notary of his visit.
Signed by Luis Bishop of Louisiana and certified by Dr. J. M. de Rivas.
To this is added a note by Rivas on July 30, 1795, certifying that he
read and published in the Cathedral church the act that precedes. To
this is added a decree by the Bishop on July 31, 1795, ordering that
the edict of which the preceding act makes mention be read in the said
church after the Gospel of the Mass which the Bishop will celebrate on
Aug. 2, and be affixed to the doors of the church mentioned so that all
may be better informed as to its tenor. Signed by the Bishop and
certified by Rivas.
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1795 Jul. 30
Penalver y Cardenas, Luis Bishop
(New Orleans)
I. The Bishop states that the Holy Councils have decreed that Prelates
should be obliged, once a year or oftener if necessary, to make a
general visit of their flock, ecclesiastics and seculars, in the
churches, hospitals, confraternities, and other pious places.
Accordingly, the Bishop commands that all of those who know or have
heard any of the particulars that shall hereinafter be mentioned, shall
come and declare, namely:
1. Whether the person in whose in whose charge have been the
ecclesiastical jurisdiction, and the ministers of the court, have acted
with justice, have been remiss in correcting public transgressions and
in applying the penalties and condemnations pronounced by the former
ordinary, and have carried out the last wills and testaments.
2. Whether they have been extortionate, taken bribes, made excessive
claims, or any claims on the poor, putting them in prison when they
were insolvent.
3. Whether those that had the care of the souls, or their substitutes,
administer punctually the holy sacraments, if any one died without
confession, communion, or extreme unction through their faults, anyone
without baptism.
4. Whether they treat their parishioners with charity, give them good
example, take excessive fees for ecclesiastical functions. If they
visit the dying to prepare them, by the administration of the
sacraments, for a happy passage into eternity.
5. Whether they perform the ecclesiastical functions, frequent the
confessional and the pulpit, teach the Christian Doctrine to the people
at least on Sundays, and in Advent and Lent.
6. Whether the person in whose charge is the greater sacristy
(sacristia Major, the sexton) or the performance of the functions that
are proper and peculiar thereto, assists at the parish and at the
administration of the sacraments, allows Masses to be said by priests
without their licenses. If he does not take care of the respect due to
the temple, to the cleanliness of the altars and of the sacred vessels
and ornaments.
7. Whether he allows them to be turned to profane uses, lend them.
Whether he is properly zealous in regard to the doors of the church and
the bells, opening the former only by day and ringing the latter with
moderation, and if through his negligence any objects of value have
been stolen or any profanation committed, and if the light is always
kept burning before the Blessed Sacrament.
8. Whether they know that any of the ecclesiastics referred to or any
others whatsoever lead immoral lives, cause troubles between married
people, encourage divorces, cause other scandals and disturbances.
9. Whether they appear dressed conformably to their state, or hide
their character and profession, wear secular clothes, carry offensive
or defensive weapons, dance, escort women by day or by night, or take
them out riding.
10. Whether they carry on business personally or through a third
person, take money on interest, keep a gambling house, enter public
houses of this character, or are partners in them, perform the duties
of steward or overseer, or any mechanical occupation unbecoming their
state.
11. Whether they say the Masses with which they are charged, receive
merchandize in return for them, give receipts secretly, celebrate on
portable altars, or in their oratories without license, on Easter or
other days not permitted.
12. Whether they have admitted to the sacred mysteries heretics,
infidels, or such as are publicly excommunicated, thus defiling the
holy temple of the Lord.
13. Whether they obtained their orders or ministry by simoniacal
compacts and when suspended or excommunicated, or being irregular have
celebrated the divine offices, witnessed clandestine marriages
prohibited by the law, or been witnesses in important criminal or civil
cases wherein they are forbidden to appear.
14. Whether any seculars whatsoever publicly live in the state of sin,
cause trouble between husband and wife; whether married couples do not
live together; whether they lead their children into sin by allowing
improper meetings between them and their acquaintances and slaves,
especially with women that are married, relatives, or of a different
faith.
15. Whether there are public or disguised usurers and extortioners,
who sell dearer because on credit, lend money on objects, receiving or
renting out more than the quantity collected, sell with the condition
by which the vender obliges himself to preserve the object which is to
be redeemed, put out money on interest securing the principal, or if
they make other contracts condemned by the canons and the laws.
16. Whether there are relapsed heretics, who, after having abjured
their errors, or whether any of those that are separated from the
Church, make public profession and use of their errors, meeting in
conventicles.
17. Whether there are sorcerers, or superstitious persons, who enter
into explicit or implicit compacts, blasphemers of the name of God, His
Most Holy Mother and His Saints.
18. Whether the executors have not carried out the last wills,
particularly in regard to Masses and pious works.
19. Whether any that are married elsewhere reside a long time in this
city or its neighborhood, or whether those that live with their wives
do not well educate their children, have relatives entering into
marriage without dispensation, or without the presence of their pastor
and of witnesses.
20. Whether physicians. contrary to the dispositions of the Councils
and to the Apostolical Decree do not warn the sick of their danger that
they may dispose themselves to receive the Holy Sacraments, or if after
the third day of the fever the patient not being willing to do it, they
continue to visit and prescribe for him.
21. Whether any fathers of families, owners of slave, teachers of
children, do not teach them the rudiments of faith, or do it from
catechisms not approved, and give them profane books to read that
corrupt their innocence.
22. Whether there are any indecencies of men and women in the church,
if they profane it with immodest dress, feasts, indecent plays, if they
violate its local immunity and the persons of the minister.
23. Finally, whether the precept of annual confession and communion is
observed, if Mass is heard on feast days, if the fast is kept in lent,
the ember days, and the vigils, if the abstinence from flesh-meat is
observed on Fridays, with all else that may give scandal or be contrary
to religion and good morals.
II. Accordingly, the Bishop commands:
1. That within eight days after the publication of the edict all
should appear and declare what they know.
2. That within thirty days they must present to the visitor the
testaments that have not been executed, and the pious works with their
accounts and vouchers, since the last one approved, the terms made use
of (in this document) being understood as being pre-emptory, and that
in case of malice or omission the Bishop will proceed as in case of
rebellion to put into effect this mandate with those means of
compulsion that are in the competency of the summary and privileged
judgment of the Visit.
3. That in order that it may reach the knowledge of all, the Bishop
issues the present document, which shall be read on Sunday, the 2nd of
August next, in the cathedral church after the Gospel of the Mass,
which the Bishop will say, a true copy being left affixed to the doors.
Signed by the Bishop of Louisiana and certified by Rivas. (Printed in
the American Catholic Historical researches, pp. 97-102, vo. 15, 1898.
The original is illegible). To this is added a note by Rivas on Aug.
2, 1795 certifying that "from the place where the Gospel is sung in the
holy cathedral church of this city, (he) read in a loud and
intelligible voice after the Gospel had been said in the Mass which the
Most Illustrious Lord Bishop celebrated, the Edict as to Public Sins
foregoing," (according to the English translation of Rivas' note
attached to the original document and signed by the same). To this is
added a decree by Bishop Penalver, dated Aug. 2, 1795 (illegible). It
is signed by Bishop Penalver and witnessed by Rivas.
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1795 Aug. 2
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop orders the visit of the cemetery of this town which is situated without the walls to begin this afternoon. Signed by the Bishop and witnessed by Rivas. To this is added a note by Rivas, dated as above, certifying that Bishop Penalver and he passed the cemetery that is contiguous to the Hospital of Charity, although without the walls. Signed by the Bishop and certified by Rivas.
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1795 Aug. 2
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees: a) That Father Joaquin de Portillo of the parish of St. Louis should present the books of baptisms, of matrimonies and of burials. b) That Father Patrick Walsh should suspend the exercise of the vicarship that has been under his charge during this judgment of visit, and that Estevan de Quinones, notary of that tribunal, should present any process which is pending. Signed by the Bishop and witnessed by Rivas. To this is added a note by Saldivar certifying that, on the same day, he notified Father Joaquin Portillo, pastor of St. Louis, of the above decree. To this is added another note by Saldivar certifying that on the same day he notified father Patrick Walsh of the above decree. Another note by Saldivar certifying that, on the same day, he notified Estevan de Quinones of the above decree.
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1795 Aug. 5
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees: a) That the books that have been presented should
be handed back to the parish with the judicial decrees added to them.
b) That the present notary should certify the number of Baptisms, of
matrimonies and of burials since the last visit and also the number of
those who have died without sacraments. c) That Father Joaquin
Portillo should prepare the furniture and ornaments of the parish for
inventory. Signed by the Bishop and witnessed by rivas.
---To this is added a note by Saldivar certifying that on Aug. 5,
1795, he notified Father Joaquin Portillo of the above decree.
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1795 Aug. 5
Rivas, Joseph Maria de, secretary
(New Orleans)
Rivas certifies: That from the parochial books presented by Father Joaquin de Portillo, pastor of the parish of St. Louis, today Cathedral church, since March 2, 1793, date in which the last visit was brought to a close until the 2nd instant, there appears: a) That, among white people, 394 persons have been baptized, including minors and adults; 85 marriages; and 308 deceased have been buried, out of which 91 died without sacraments. c) That the reason why there were deaths without sacraments is that some died suddenly and others did not notify from their houses the fact of being sick that spiritual help might be sent to them. Signed by Dr. Joseph Maria de Rivas.
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1785 Aug. 6
Portillo, Father Joaquin de, Spanish Capuchin
(New Orleans)
Father Portillo drew up an inventory of the furniture, ornaments and
cloth of the sacristy of the Cathedral and parochial church of St.
Louis listing them under the following headings: 1. Altars; 2.
Consecrated Stones; 3. Reliquaries and Branchs; 4. Images; 5.
Candlesticks; 6. Stands for the Missals; 7. Books; 8. Basins; 9. ??;
10. Confessionals; 11. Bells and handbells; 12. Pews and chairs; 13.
Monument and its urn; 14. Girandole (Tenebrario) and candlestick for
the Paschal Candle; 15. Pall and standards; 16. The chair of the
Bishop; 17. Cloths to cover the altars; 18. Cloths for funerals; 19.
Floor-carpets; 20. Iron tools for making hosts; 21. Miscellaneous
things; 22 Silver; 23 Ornaments; 24. Humeral veils; 25. Cassocks and
birettas; 26. Albs; 27. Amices; 28. Altar cloths; 29. Palls; 30.
Purificators; 31. Covers for the paten (palias); 32. Finger towels; 33.
Communion cloths; 34. Surplices; 35. Hand-towels; 36. Cloths for
vestments; 37. To this inventory Father Portillo adds a note of things
which he ordered to be repaired. Signed by Father Joaquin de
Portillo.
---To this is added a decree by the Bishop dated Aug. 6, 1795, that
the inventory has been examined and should be included among the
proceedings of the present visit. Signed by the Bishop and witnessed
by Rivas.
---To this is added another decree by Bishop Penalver, dated Aug. 7,
1795, ordering that Father Patrick Walsh to present a report of the
secular and religious priests in this town; they must be notified to
appear and present their licenses on the next day. Signed by Bishop
Penalver and witnessed by Rivas.
---To this is added a note by the Notary Saldivar, dated as above,
certifying that he notified Father Patrick Walsh of the above decree.
Then Father Walsh presented the following report of the secular and
religious priests: a) Father Joaquin de Portillo, pastor, Father Luis
de Quintanilla, Father Firso Peleagonzalo, and Father Estevan de
Valorio, substitutes of the pastor, the first of them is also chaplain
of the Ursulines; Father Antonio de Sedella who has just arrived from
Havana. All these five are Capuchins. b) Father Ramon Palao, chaplain
of the hospital of charity, a secular priest; Father Ubaldo Delgado,
religious, a teacher of primary school; Father Agustin de Lamare,
chaplain of the first battalion of the fixed Regiment of Louisiana; two
chaplains of the Regiment of Mexico whose names Father Walsh does not
know; one of them has remained because of sickness and is about to go
to Havana; the other one will do the same after his battalion gets
back; two priests who came with Bishop Penalver: D.D. Jose Maria de
Rivas as secretary and D. Isidro Quintero as chaplain, and the author
of the present note who is in charge of the chaplaincy of the Royal
Hospital. Signed by Patricio Walsh and witnessed by Saldivar.
---To this is added a note by Saldivar certifying that on the same day
he notified Father Joaquin de Portillo of the above decree. Another
note by the same that he notified Father Antonio de Sedella. Another
note by the same that he notified Father Ubaldo Delgado. Another note
by the same that he notified D. Ramon Palao. Another note by the same
that he notified D. Isidro Quintero. Another note by the same that he
notified Father Luis de Quintanilla. Another note by the same that he
notified Father Firso Peleagonzalo. Another note by the same that he
notified Father Estevan de Valoria. Another note by the same that he
notified Father Agustin Lamare.
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1795 Aug. 10
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies:
1. That the above mentioned priests appeared before Bishop Penalver y
Cardenas with exception of Fathers Firso Peleagonzalo and Agustin
Lamare because of illness.
2. That the Bishop by questioning them observed their competence for
the exercise of their duties.
3. That their licenses should be returned to Father Patrick Walsh.
4. That the Bishop expects to do the same concerning Fathers
Peleagonzalo and Lamare as soon as they are able to present themselves.
Signed by the Bishop and witnessed by Rivas.
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1795 Aug. 11
Penalver y Cardenas, Luis Bishop
(New Orleans)
Bishop Penalver decrees:
1. That some witnesses of good name should appear to testify about
some particulars referred to by the General Edict.
2. That this is to be carried in the ordinary way but with the
greatest reserve, because the Bishop wants to know the subjects that
may require reform.
3. That the Bishop will carry it out as far as he can, notifying His
Majesty of all that may demand his intervention.
4. That Father Patrick Walsh, Vicar of these Provinces, and Father
Joaquin Portillo, Pastor of this town, are included among the visited
persons, and they should appear in the first place. Signed by the
Bishop and witnessed by Rivas.
---To this is added a note by Saldivar certifying that, on the same
day, he notified Patrick Walsh of the above decree.
---To this is added another note by Saldivar that, on the same day, he
notified Father Joaquin Portillo of the above decree.
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1795 Aug. 12
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies:
That Father Patrick Walsh appeared before Bishop Penalver y Cardenas,
and, under oath, answered the questions asked as follows:
1. That no parishioner has died without sacraments. When that
happened the fault is to be imputed to the masters (amos) who have not
called the priests in due time.
2. That the priests treat the parishioners charitably, and do not
charge excessive stipends. He does not know whether they assist the
moribunds in the last agony.(?)
3. That they are frequently in the confessional and in the pulpit,
teach the doctrine to the parishioners, and fulfil the ecclesiastical
functions; Father Joaquin Portillo preaches every holy day after the
Gospel, and six times a week, in the afternoon, during Lent, and also
on some mornings teaches catechism.
4. That the pastor is in charge of the service of the main sacristy.
The celebration of the Mass is allowed only to those who have a
license.
5. That there is always a light before the tabernacle; the doors
remain open only during the day; the bells are in perfect order; no
ornaments have been stolen.
6. That Father Patrick Walsh does not know anything against the good
behavior of the seven priests who live in this town.
7. That they do not wear profane clothes, or weapons; do not go to
balls or go riding with women on horseback.
8. That they do not engage in business nor go gambling nor are leaders
of societies.
9. That they do not say Mass for merchandise or on portable altars, in
oratories without license, nor in forbidden places.
10. That they have not admitted to the mysteries heretics,
excommunicates or infidels.
11. That no ecclesiastics have obtained their orders by means of
simony, being already excommunicated, or, being suspended, have
assisted at clandestine marriages, or have been witnesses in forbidden
causes.
12. That there are very many secular persons of various conditions or
sex, in public sin, living in concubinage in their houses.
13. That it is impossible to number how many. The proof of the great
number is the little frequenting of the sacraments, and the very few
that fulfill the annual obligations toward the Church.
14. That Mr. Marioni Caballero lives separately from his wife by
mutual consent, and there are many other cases like this.
15. That Father Patrick Walsh has no knowledge of disturbers of
marriage, parents who induce their sons to have obscene relations with
slaves, married women, relatives or even of a diverse religion.
16. That he has no knowledge of persons who carry on negotiations
forbidden by the Laws and the Canons.
17. That he does not know of any relapsed heretics who, after having
abjured their errors, return to them. There are, however, some of
different creeds who are tolerated by the government.
18. That he does not know that any of these exercise publicly their
errors, or have their juntas. However, he has heard of a junta of free
masons, but he does not know whether it is true or not.
19. That he has no knowledge of any wizards, superstitious people and
blasphemers.
20. That he has no knowledge that the testamentary executors do not
fulfill the last wills.
21. That he has no knowledge of husbands who live separately from
their wives in this town or in its outskirts, except Farneret who has a
pending case for divorce.
22. a) That there are some married people who do not give a true
Christian education to their children; b) that Father Walsh does not
know of incestuous or clandestine marriages; c) that in the Royal
Hospital the doctors warn the sick, when it is necessary, of the danger
of their condition that they may receive the sacraments. However, they
do not do that in other places. Once in a while it happens that a
doctor notifies the relatives so that, they in turn notify the sick
person.
23. That, among the Spanish, the parents, masters and teachers teach
the Christian doctrine in approved catechism to the children and the
slaves. That the Spanish schools are directed by father Ubaldo
Delgado. Father Walsh does not know whether they proceed likewise in
the French schools.
24. That there are no indecencies in the church; it is not profaned
with turpitudes, and that the person of the ministers is not
offended.
25. That few fulfill the annual obligation of confession and
communion. The Pastors may give information on this point.
26. That very many out of neglect do not attend Mass on holy days.
27. That there are some who do not attend Mass out of habit, but
Father Walsh does not know their names.
28. That there are very few who fast on the days of obligation.
29. That people work during holy days, buy and sell publicly under
pretext of the need caused by the two last fires, and hurricanes. At
the beginning they had license for doing so because of a fair reason,
but now they act without it.
30. That the Pastor has always warned the people against all the above
mentioned faults. So did Father Walsh as Vicar.
31. That he did not notify directly the Bishop of Havana of these
disorders. However, the Bishop knew that and his instructions aimed to
suppress these irregularities.
Signed by the Bishop of Louisiana, Father Patricio Walsh, and
witnessed by Rivas.
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1795 Aug. 12
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That Father Joaquin Portillo appeared before Bishop
Penalver y Cardenas, and, under oath, answered the questions asked as
follows:
1. That the person in charge of the ecclesiastical jurisdiction and
the ministers of the court have proceeded with justice, although the
Vicar had to intervene in some cases concerning the Religious.
Portillo refers to the proceedings then carried out.
2. That he does not believe nor has heard that any priest of this town
lives dishonestly, maintains suspicious women, disturb marriages,
advise abortions or other scandals.
3. That the priests do not wear worldly clothes, weapons, etc.; they
do not go to balls, accompany women, nor ride with them on
horseback.
4. That they do not engage in business, are not gamblers, leaders in
societies, or exercise other mechanical functions.
5. That they do not give confidential receipts of Mass or for
merchandises; do not say Mass on portable altars, non-approved
oratories, and on forbidden days.
6. That there are heretics, Jews, Indians, infidels and public
excommunicated persons, and might be admitted to the holy mysteries by
the fact that they are unknown.
7. That he does not know that priests have assisted clandestine
matrimonies, or have been witnesses in forbidden cases.
8. That more than half of the people lives in public sin. They are
not ashamed of their lives. Father Portillo has often preached that
they live worse than the pagans. That among the white women there is
honesty but that among the half-breed of both sexes the corruption is
very great. There are also cases of separated married people. For
instance, Pedro Marin lives separately from his wife by mutual
consent.
9. That Father Portillo has heard that there are parents who, as soon
as their sons get to the age of puberty, give them a Negrfo woman or a
Mulatto girl, and that, as to the slaves, in very few houses there is
no concubinage. They do not get married and the offspring is very
numerous.
10. That there are many adulteries and intermingling with persons of
diverse religions.
11. That Father Portillo has heard of two or three persons who lend
money on interest, but that he does not know whether the other
contracts forbidden by the Laws and Canons are practised. This is due
to the fact that they do not confess nor consult about questions of
conscience.
12. That there are no relapsed heretics, but many of tolerated sects
do not practice their errors with exception of some houses of
Freemasons. The Treasurer of the army, D. Gilbert Levnar, Mr. Regio
his brother-in-law, a Knight of St. Louis of French nationality whose
name Father Portillo does not remember, belong to this society. Mr.
Seguiu if the Venerable of one of the groups, and Mr. Lafon is the
Venerable of one of the brotherhoods. In the latter's house the
meetings used to take place.
13. That there are no wizards, superstitions, blasphemers who suppose
implicit or explicit pacts, with the devil although once in a while
some persons of low class or Negroes may enter mair(?) in some
superstition.
14. That he does not know whether the testamentary executors fulfill
the pious legacies because very few are those who make last will.
Father Portillo knows only of two little alms, one to the Church and
another to the hospital.
15. That D. Antonio Argote has his wife in Spain, and there are Royal
orders that he should return. Likewise D. Ambrosio Liebana, and a fat
Catalonian whose name Father Portillo does not remember, have their
wives far away.
16. That the parents educate their children very poorly.
17. That he does know whether relatives get married without pastors or
witnesses because, living in public concubinage, they do not need such
a ceremony.
18. That the physicians do not warn the sick of the danger of their
condition in order that they may prepare to die.
19. That neither the parents nor the masters (of slaves) teach the
Christian doctrine by approved catechisms. Among the white people, the
parents look for the person capable of teaching the children for the
first communion which takes place between fifteen and twenty years.
Among the Negroes, very seldom is there one who confesses or takes
communion. In the school in charge of Father Ubaldo Delgado, the
instruction is given by the catechism of Ripalda.
20. That, besides Father Delgado's, there are the school of Mr. Codin
(Coclin?) and that of Lartigo, another one whose name Father Portillo
does not remember, and two others for colored people. Father Portillo
does not know the way they work except those of Father Ubaldo Delgado
and Mr. Coclen that meet regularly.
21. That the behavior of believers in church is insolent. Father
Portillo has condemned that in his sermons as well as in particular
cases.
22. That he does not know how the annual obligation of confession is
fulfilled because he has never drawn up a census. That since the
second week of Lent until the "Corpus Christi" of this year only four
hundred and six persons (406) took communion. Thus Father Portillo
prudentially considers that, with the exception of some pious souls who
take communion often, only three hundred and twenty persons (320) have
fulfilled the annual obligations towards the Church.
23. That during holydays only a third part of people attends Mass, and
in ordinary days less than the fifth part.
24. That in very few houses is fulfilled the precept of fast during
Lent, Ember week, Vigils, and Good Friday.
25. That people work, drink, and dance during the holydays. All this
Father Portillo has condemned but he has not noticed any emendation.
Signed by the Bishop, Father Joaquin de Portillo and witnessed by
Rivas.
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1795 Aug. 13
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That D. Jaspar de Aranda, a native of Villalpando,
Kingdom of Leon, appeared before Bishop Penalver y Cardenas and
answered the questions asked as follows:
1. That he does not know whether the Vicar Patricio Walsh, the pastor
Joaquin de Portillo, his substitutes and other ecclesiastics have
failed in any of the points listed from no. 1 to no. 13, inclusive, in
the General Edict of the present Visit. He does not have anything to
state against them.
2. That most of the lay people live in public concubinage; that among
the Negroes he could say that all do so; that they allow their sons to
do the same. Decency is found only among the white women.
3. That there are some lenders at interest. He does not know about
other contracts.
4. That, although there are many protestants, he does not know of any
who, after having abjured their errors, have returned to them; that
meetings of Freemasons were held at Mr. Lafon's. A man named Seguiu
was the main brother.
5. That he does not know whether there are wizards, superstitions and
blasphemers against God.
6. That he does not know whether the testamentary executors fulfill
the pious legacies, or Masses.
7. That, among the married people who live away from their wives, he
knows only Don Antonio Argote and Don Ambrosio Liebana.
8. That he does not know whether there are clandestine marriages or
marriages with relatives without dispensation.
9. That, among the physicians, one is protestant and he does not know
whether the others warn the sick of their condition. Accordingly, many
die without receiving the sacraments.
10. That Father Ubaldo Delgado teaches in his school the Christian
Doctrine by approved catechisms. Very seldom do the parents teach the
children in the same way and he does not know of any master who does
that among his slaves. There is also the French school directed by
Coden (Coclen?) who is a man of good reputation.
11. That very few go to church; that among the people some are led by
mere curiosity because they do not look even at the altar. He has not
seen any indecency but only some women with plumages and small veils on
their heads.
12. That he does not know whether they profane the local or personal
immunity.
13. That very few men fulfill the annual obligation of confession and
communion, and some among the women do so. Some of the men say that it
is not customary, others that it is an absurdity to reveal their own
faults.
14. That very few attend Mass during holydays and much less during
ordinary days.
15. That very few persons fast during Ember Week, Vigils, Lent and
Fridays.
16. That they do not sanctify the Holydays but work as in ordinary
days, with the exception of a few who go to church or such as may have
some Christian exercise at home. This document is signed by the Bishop
Penalver y Cardenas, Jaspar Aranda, and witnessed by Rivas.
Immediately d. Jose Ocon, native of Saragoza, appeared before Bishop
Penalver y Cardenas and gave sworn testimony to the same points
witnessed by Jaspar Aranda. Signed by Bishop Penalver y Cardenas, Jose
Ocon and witnessed by Rivas. On Aug. 14, 1795, the ensign of frigate,
Jose de Hevia appeared before the Bishop and gave sworn testimony to
the same points witnessed by Jaspar Aranda. Signed by Bishop Penalver
y Cardenas, Josef Hevia and witnessed by Rivas. Immediately D. Antonio
Morales, treasurer of the General Administration of Rents of New
Orleans, appeared before Bishop Penalver y Cardenas, and gave sworn
testimony to the points witnessed above. This is signed by Bishop
Penalver, Antonio Morales and witnessed by Rivas. On Aug. 17, 1795, D.
Diego Berez Pardo, Chaplain of the first battalion of the Regiment of
Mexico who has been living for fifteen months in New Orleans, appeared
before Bishop Penalver y Cardenas, and gave sworn testimony to the
points witnessed above. This is signed by Bishop Penalver, Father
Diego Berez Pardo, and witnessed by Rivas. On Aug. 18, 1795, D.
Francisco Ramon Canet appeared before Bishop Penalver y Cardenas, and
gave sworn testimony to the points witnessed above. This is signed by
Bishop Penalver, Francisco Ramoncanes and witnessed by Rivas. To this
is added a decree by Bishop Penalver y Cardenas, dated Aug. 19, 1795,
ordering that Father Agustin Lamare, Chaplain of the Regiment of
Louisiana, and Father Ubaldo Delgado, teacher of primary schools,
should appear to be asked about matters concerning their ministries.
Signed by the Bishop. To this is added a note by Rivas, dated as
above, certifying that he notified Father Agustin Lamare of the above
decree, who stated that he would do so as soon as the disease he now
suffers would permit.
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1795 Sep. 1
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That Father Agustin Lemare appeared before the
Bishop and, under oath, answered the questions asked as follows:
1. That he has been chaplain of the second battalion of the Regiment
of Louisiana for a year and eight months; that he serves also the same
in absence of Father Manuel Garcia of his order; that he administers
also a company of artillery.
2. That his administration is that of pastor. He says Mass during the
Holydays in a chapel of the quarters, confesses the soldiers in
fulfillment of the annual obligation, buries the corpses, and preaches
the word of God to the soldiers.
3. That, during the first year, he had received a list of those in the
regiment who had fulfilled the annual obligation towards the Church.
But in the present year he did not receive it. However, he can say
that every year, among five hundred or six hundred men, only twenty-
five or thirty fulfill the annual obligation.
4. That he explains to the soldiers the doctrine of the Church eight
days during Lent to dispose them to the annual obligation.
5. That, among officers and soldiers, only twenty-five of thirty have
confessed and received communion during the two years he has been
serving in the Regiment. Furthermore, Father Agustin Lamare assures
that what he said is the truth. This document is signed by Father
Agustin Lamare, the Bishop and witnessed by Rivas. To this is added a
note by Rivas certifying that by the Edict of Aug. 7 published in this
Cathedral Church, by the Bishop, the instructions which must precede
and follow the sacrament of Confirmation, were announced. To this
another note is added by Rivas certifying that by the Edict of Aug. 26,
it was ordered that the three public offices of this town should
certify the testaments executed since Jan. 1790, with the donations of
Masses and the pious legacies left, so that the fulfillment of
unfulfilled legacies can be demanded. To this is added another note by
Rivas certifying that by the document of the first of September
(today), circular orders were ordered to be sent to all the Pastors of
the Diocese that they must draw up a census of their parishes with all
the details. This is to be done every year. To this is added another
note by Saldivar certifying that, on Sep. 1, 1795, he notified Father
Ubaldo Delgado of the above decree of Aug. 19.
--------
1795 Sep. 3
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That Father Ubldo Delgado appeared before Bishop
Penalver y Cardenas, and, answered the questions asked as follows:
1. That he is teacher of the Spanish primary school.
2. That his assistant is D. Fernando Ibañez. They teach in the same
house. During Summer, the school starts in the morning at seven
o'clock and ends at eleven; in the afternoon it starts at three and
ends at five-thirty. During Winter, it starts at eight o'clock and
ends at eleven-thirty in the morning; in the afternoon from two-thirty
to five o'clock. All those who go to school are white and they number
a little more than one hundred. Father Ubaldo Delgado teaches the
Christian doctrine by the catechism of Ripalda everyday; he teaches
also how to read, to write and to count. Saturdays are dedicated to
the teaching of the mysteries and to the worship of the Most Holy
Virgin; on Sundays, in the afternoon, the catechism is explained, and,
during Lent, even on working days. The parents maintain the children
at school until they learn how to read, to write and to count, that is
to say, until they are eight, nine or ten years old. Thus they remain
at school during a year, a year and a half or two years.
3. That the French language is not taught although there are several
French students. The only language employed is Spanish.
4. That Father Ubaldo Delgado knows of three French schools for white
people; the one under the charge of Mr. Coden; another of Mr. Lartir,
and the third one he does not remember. In these schools the youth is
taught how to read, to write and to count; the Christian doctrine is
taught by the catechism of Avignon. Besides these, there is another
school for Negroes and Half-breeds directed by Mr. Brichel. The method
is the same as that of the other schools.
5. That the founding of the schools is allowed by the government.
Father Ubaldo Delgado assures that what he said is the truth. This
document is signed by the Bishop, Father Ubaldo Delgado and witnessed
by Rivas. To this is added a note by Rivas, dated on Sept. 19, 1795,
certifying that by the document of Sept. 10, 1795, the visit of the
Royal Hospital of charity whose patron is D. Andres Almonaster y Roxas,
was begun. Even though the latter showed a Royal letters patent, dated
Aug. 14, 1794, that exempts him from giving account of his
administration, he offered of his own will to submit to the
examination. The "ocular" of the Hospital was also visited in the
procedures of Sept. 14 and 18.
--------
1795 Oct. 13
Penalver y Cardenas, Luis Bishop
(New Orleans)
a) The Bishop states: That, examining the books of burial, he noticed
the great number of those who die without the sacraments. This is due
only to the neglect of the physicians and surgeons who do not fulfill
the Canonical regulations which order them to warn the sick when it is
necessary.
b) Accordingly, the Bishop states the obligation they have of so
doing, and the censure imposed by law to those who fail to do so. The
document is signed by the Bishop and witnessed by Rivas. To this is
added a note by Rivas, dated Oct. 19, 1795, certifying that the doctors
have been notified personally on Oct. 15, 16, 17, of the above
decree.
--------
1795 Oct. 20
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop decrees: That Father Antonio de Sedella, pastor of the Cathedral Church, recognize the schools of Santiago Coquelin, Pascual Lartigue, Estevan Albrier, and Mr. Brichel, examine their licenses, their teaching concerning the precepts of the Catholic Religion and inform him about everything. This is signed by Bishop Penalver y Cardenas and witnessed by Rivas. To this is added a note by Saldivar certifying that, on the same day, he notified Father Antonio Sedella of the above decree.
--------
1795 Oct. 22
Sedella, Father Antonio de
(New Orleans)
Father Sedella states:
1. That he has examined the primary schools of Santiago Coquelin, a
native of New Orleans, an old man who has licenses from the government
and from Dr. Teodoro Tirso Enriquez, who was Vicar of these Provinces;
that of Pascual Lartigue, a native of Bayonne, and that of Estevan
Albier, a native of Paris.
2. That all these men are Roman Catholics. The first has had his
school for a very long time; the second for eleven years, and the third
for two years.
3. That Lartigue said that he had had a license but it was burnt in
the fire; Albier said that he would solicit it.
4. That Father Sedella examined them concerning the Catholic Religion
and all answered in a learned way. Their conduct also is good. The
method of teaching seems regular.
5. That Mr. Brichel does not have school; he teaches some in their
houses. That is all Father Sedella can state concerning the decree of
Oct. 20. This is signed by Father Antonio de Sedella.
--------
1795 Oct. 23
Penalver y Cardenas, Luis Bishop
(New Orleans)
a) That Pascual Lartigue and Estevan Albier, since the information of
Father Sedella is in their behalf, must be notified that they can carry
on their ministries with the license of the Governor.
b) That Mr. Brichel should appear before Bishop Penalver to determine
what is suitable. Signed by Bishop Penalver y Cardenas. To this is
added a note by Rivas certifying that the above decree was issued and
signed by the Bishop on Oct. 23, 1795. To this is added a note by
Saldivar certifying that, on the same day, he notified Estevan Albier
of the above decree. In another note Saldivar certifies that
immediately he notified Pascual Lartigue of the above decree. Another
note is added by Saldivar that he immediately notified Juan Brichel of
the above decree.
--------
1795 Oct. 24
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That Juan Brichel, Father Antonio de Sedella being present, appeared before the Bishop and was asked concerning the Christian Religion. He answered in a very satisfactory way; and since he has a license from the government to teach Negroes and Mulatoes and there is nothing against his life, the Bishop permitted him to continue his teachings on the same terms. This is signed by the Bishop, Father de Sedella and Rivas. To this is added a note by Rivas, dated Oct. 24, 1794, certifying that in virtue of the decree of Sep. 28, the monastery of the Ursulines whose superior is Sister Tereza de St. Xavier Farjon, was visited. The procedures of the visit are contained in the documents of Oct. 6 and 23. to this is added a decree by the Bishop, on Nov. 26, 1795, ordering that the provisional instructions he made for the government of this parish, be added to the set of the documents of the visit. Signed by the Bishop. to this is added a note by Rivas, dated Nov. 26, 1795, certifying that licenses of preaching, celebrating and confessing were sent to fathers Agustin Lamare and Thirso Peleagonzalo, which by the procedures of Aug. 10 remained pending.
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1795 Nov. 25
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop stated that since his arrival in New Orleans on July 17,
1795, he has been establishing some points to better the ecclesiastical
discipline and for the respect of the Church. Accordingly the Bishop
formed the following instructions to be carried out in the Cathedral
Church of Louisiana:
1. The two assistant Canons have the annual income of 600 "pesos" each
one, without any other obvention or emolument.
2. the Pastor "del Sagrario" of the Cathedral has the income of forty
"pesos" every month; two substitutes with twenty-five "pesos" each,
another with thirty, and the obligation of serving the chaplaincy of
the Ursulines; a main sacristan with thirty "pesos." All this is paid
by the Royal Exchequer, although the last position is vacant.
3. The Canons will have to sing alternatively, when the Bishop cannot,
the Masses specified in the Pontifical, and other solemn Masses, to
wit: Circumcision of our Lord; Epiphany; Purification; Annunciation;
St. Peter and St. Paul; Ascent of Our Lady; St. Louis, patron of New
Orleans, all Saints; Conception; Christmas; Ashes; Palm, Sunday; Holy
Thursday; offices of Good Friday; Holy Saturday; Resurrection; Ascent
of our Lord; Pentecost; Corpus Christi; Dedication of the Church.
4. The other holy days of the year will be in charge of the Pastor.
He will be helped by the substitutes whenever it may be necessary to
explain the doctrine of the Church to the parishioners.
5. Besides the above mentioned Masses, the Bishop lists the other
Masses, vespers and communions of the other clergy of the Cathedral
Church.
6. He lists the functions of the other clergy of the Church.
7. He lists the order of seating in the Cathedral.
8. He lists the rituals and special liturgical guides to be
followed.
9. He sets the days for preaching in the Cathedral.
10. The Pastor has three substitutes for better and quicker
administration of the sacraments. The substitutes will take turns
every week. The one who is on duty will give the sacraments. He will
notify the Pastor of everything. At the end of his week he will notify
the Prelate of what has happened in the Parish.
11. To this end the substitute on duty must stay near the church. The
others, because they are not on actual duty are not excused from
hearing confessions, or any other thing that the Pastor may order.
12. Every year during Lent, or immediately after Easter, the Pastor
will go or send one of his substitutes to the Farms to confess and
administer other sacraments, and exhort the faithful to come sometimes
to the Parish in an act of gratitude to the mother Church. Before the
departure, the Bishop will give the instructions he may judge suitable,
and authorize with the opportune faculties.
13. The Church has a mui or sacristan, a sub-chanter, three singers,
one of which is organist, and four acolytes. All are paid by the
income of the "Fabrica."
14. He lists the obligations of the sacristan, and the acolytes.
15. He lists the obligations of the sub-chanter and the singers; also
of the acolytes on week days. The document is signed by the Bishop of
Louisiana and witnessed by Dr. Rivas. To this is added a note by Rivas
that, on the same day, he notified Father Francisco Peres Guerrero of
the above instructions. Another note that he notified on the same day
Father Tomas Hasset. Another note that he notified Father Antonio de
Sedella], Pastor of "el Sagrario." Another note that he notified
Father Ubaldo Delgado. Another note that he notified Father Agustin
Lamare. Another note that he notified Father Patricio Walsh. Another
note that he notified Father Ramon Palao. Another note that he
notified the substitutes of the Pastor, Fathers Luis de Quintanilla,
Tirso Peleagonzalo and Estevan de Valoria. Another note that he
notified the singer and the organist. Another note that he notified
the sacristan and the acolytes. To this is added another note by
Rivas, dated November 25 for the government of the parish. To this is
added a decree by Bishop Penalver y Cardenas, dated Dec. 22, 1795, The
Bishop orders:
a) That, since he has issued yesterday an instruction for the
government of the Pastors of the Diocese in use and exercise of their
ministries, a record of it should be added to the other procedures;
likewise the regulations (Arancel) addressed to them concerning their
income. The Bishop will opportunely notify the King of this.
b) That the visit of the side altars of the Cathedral church which
should have taken place according to the procedures of Aug. 2, should
take place now. This is signed by the Bishop and witnessed by
Rivas.
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1795 Dec. 22
Rivas, Dr. Joseph Maria de
(New Orleans)
Rivas certifies: That the Bishop went to the Cathedral Church to examine the side altars: the bigger one whose procedures remained pending on Aug. 2; the one on the right dedicated to our Lady of the Rosary, made with the alms of the faithful, and that on the left dedicated to St. Francis of Assissi, and made with the legacy left for this purpose by Father Francisco Caldes. The painting and gilding of both altars were taken care of by D. Andres Almonaster y Roxas who built also the Cathedral Church. This is signed by the Bishop and witnessed by Rivas. To this are added the following documents:
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1795 Dec. 21
Penalver y Cardenas, Luis Bishop
(New Orleans)
to the pastors of the Diocese of Louisiana
The Bishop dictated the following instructions whereby the pastors of
his diocese should be directed until a synod fixes these ecclesiastical
matters.
1. Reasons of these instructions. The Bishop's first care when he
arrived in the Diocese was the spiritual good of the sheep charged to
his care. Many of these parishioners are 500 leagues away from New
Orleans and it is impossible to take proper care of them. Wherefore,
he addresses to the pastors of his diocese these instructions, which
shall remind them of their duties which they must accomplish.
2. The Pastors in word and in deed must be as mirrors of virtue. The
Pastors as rectors, and spiritual physicians of the flock, must live
according to their status and comfort the parishioners by their words
and virtues, and by waiting with humble confidence the recompense of
their deeds.
3. Neither very grave nor very familiar. The conduct of the pastors
in regard to their parishioners must be such as neither their gravity
may make them hateful, nor their familiarity, despicable.
4. Residence of the parish. The residence is essential for the
accomplishing of one's duties. As far as possible, the residence must
be contiguous to the Church, in order that the service may be carried
out with greater promptitude. the pastors can never, without a written
license of the Prelate, leave the territory of the parish.
5. Reading and study. He who may not have the necessary instruction
cannot become a teacher. The Ethics learned at the Seminary has to be
revised not to be forgotten. The Pastors must study continuously
Liturgy, the Catechism (of Pius V, Holy Tridentine Council) and the
"Rituale Romanum." The Bishop will check up all these circumstances in
the Pastoral Visit.
6. Zeal and diligence. The obligations of the Pastors are very
serious. They must take care with zeal, diligence, promptitude, and
vigilance of the administration of the Holy Sacraments.
7. To visit and console the sick. Whenever the distance permits it,
the Pastor must visit the sick to console and comfort them until
recovery or death. In the case of death, the dying must be helped in
the last moments.
8. To exhort the sick to make their wills. The Pastor as soon as he
knows that one of his parishioners has been ill for three days, must
exhort him to dispose of his goods, making his will.
9. Obligations of the Notary and Pastor in regard to dead persons who
have made wills. If the dead parishioner has made a will, the Notary
before whom the testament was declared, must carry out the testamentary
clauses, as it is ordered by the Royal letters patent of Feb. 11. 1671,
that the Pastor, insofar as he is concerned, and the executors may
fulfill the pious legacies.
10. Discrete, prudent and fraternal correction. The Pastors must make
their corrections in a discrete, prudent and fraternal way so as not to
exasperate the parishioners, and to win them. When the parishioner is
living a scandalous life in concubinage, the Pastor must notify the
Royal Justice, and the Bishop of any known omission to the Royal
letters patent of Dec. 21, 1787, and give an account to His Majesty so
he can take the proper measures.
11. Married persons without the legitimate wives. The Pastors must
proceed likewise if some of the married parishioners are not living
with their legitimate wives so that the Royal Judges may apply Law 14,
Title F, book I of the abridgment of the Indies.
12. Relations with the Civil authorities. The Pastors must maintain
the best harmony with the Governors and commanders seeking to gain
their good will with honor and without degradation of the State. Thus,
they will serve better God and the King.
13. The prerogatives of the Crown. The Pastors must defend the
prerogatives of the crown and the persons that represent them as well,
in such way that it may appear that the custody of these prerogatives
is privately entrusted to them.
14. To avoid discords and seek peace. In controversies the Pastors
must always seek to mediate whenever such a position does not offend
God. They will advise their parishioners to the same conduct in
injuries and litigations.
15. Divorced matrimonies. If there may be some separated couples, the
Pastors shall charitable [charitably?] warn them to live together,
offering intervention to settle their misunderstandings. If the
counsel is not sufficient, the Pastors must exhort them to appear
before the Ecclesiastical Tribunal in order to make use of the rights
they may have. Because they do not have authority to separate at
will.
16. Arrest to prevent escape. In the case when arrest to prevent
escape may be necessary, the Pastore must solicit in formal style the
help of the Royal Justice.
17. Limits of the parishes. All the parishes have their limits; the
pastors must respect them. They must not administer the sacraments in
alien territory, unless with the consent of the respective Pastor or in
the case of some urgent necessity.
18. To know all the parishioners, even the non-Catholics. The pastors
must know all the parishioners that live within the limits of his
parish, even those of diverse religion. For this purpose, the Bishop
ordered by his circular of Sept. 3, 1795 that they draw up every year a
census of the parishes which is to be sent to the Bishop.
19. Fulfilling of the Paschal Precept. In that circular of Sept. 3,
it was ordered also that the pastors should take notes of: a) persons
who have not fulfilled the Paschal precept; b) persons who belong to
other religions than the Roman Catholic; c) the state of the Church; d)
all that may be necessary for the welfare of the parish. They must
inform the Bishop of these points and place a copy in the Archives of
the parish.
20. The Mass of the festive days must be applied for the people. Both
the proprietary pastors and the provisional ones must apply the Mass of
the festive days for the people, according to the declarations of the
Pope Benedict XIV in his Bull "Cum Semper."
21. To teach the Christian Doctrine and combat errors. The Pastors
have the obligation to teach Christian doctrine on the festive days and
mainly in Advent and Lent. This is one of the principal obligations of
their ministry. Furthermore, they must combat atheism, deism,
materialism, and other errors against the dogma, and the Christian
Morals, which infest the Diocese.
22. The teaching must be according to the capacity of the hearers.
The Pastors in their teachings must conform themselves to the capacity
of their auditors. Even though there are public schools of the best
quality and sermons in other churches when the spiritual nourishment is
furnished plentifully, because the contrary doctrines have been
condemned by Innocent XIII in his Bull for the reformation of the
clergy in Spain.
23. The Pastors themselves must give the Paschal Communion to the
parishioners. All the parishioners must receive the Paschal communion
from the hands of their pastors and in the case of some impediment from
the assistants, all the privileges claimed by the Regulars on this
point are abrogated.
24. Publication of the Pascal obligations. The pastors must publish
the time for fulfilling of the Paschal Precept in the High Mass. The
time for fulfilling it will be until Dominica in Albis (Low Sunday).
Nevertheless, the Pastors where there is no vicars to make one or two
extensions whenever it may be necessary. But these extensions must
never be beyond Trinity Sunday. They must give an account of all this
in the census as it was ordered in numbers (8 and 19).
25. Sick parishioners. When some of the parishioners cannot fulfill
the Paschal Precept on account of illness, the Pastors have to confess
them in their houses or farms, taking to them the Eucharist.
26. The carrying of the viaticum to distant places. When the Pastors
have to carry the Viaticum to distant places, in the country, they
shall go on horseback, with surplice and stole, bare headed and the
Holy Sacrament in a Reliquary within a purse hanging on the neck by a
string. He must be accompanied by two assistants each one with a
lantern, and a third one will carry a parasol to protect the pastor
from the inclemencies of the weather.
27. The Sacrament of Penance and the reading of the penitential
canons. Penance is the sacrament in which the fruit of God's word is
reaped. The Pastors, in regard to this point, must abide by the
teachers of Morals and the Tridentine Catechism. The Bishop recommends
them the frequent reading of the Penitential Canons.
28. As to the place where the Sacrament or Penance is to be
administered. The Sacrament of Penance will be administered in the
private houses only to sick persons. It cannot be administered by
night in concealed places, as this has been forbidden by the holy
tribunal of Inquisition, except in those cases determined by Law.
29. Matrimony has to be celebrated in the churches. The pastors must
assist at marriages which must be celebrated in church, unless there is
a dispensation by the Ordinary. The ceremonies are to be carried out
according to the precepts of the "Rituale Romanum," and the pious
exhortations of the Rituale are to be read.
30. Procedures in celebrating the matrimony. When some neighbors,
natives of the parish, want to contract matrimony, the pastor must draw
up a formula in which is given an account of the filiation,
nationality, celibacy and parish of the contracting parties. All these
facts have to be witnessed not only by the contracting parties but by
at least two known witnesses.
31. Permission or consent of the parents to get married. The
witnesses above mentioned must prove the permission or consent of the
parents of the couple seeking marriage, in order that they may get
married. For want of parents, the permission which must be approved by
the Justice. For want of relatives, the permission is to be given by
the "vice-relative." If the parents or relatives do not grant the
permission, judicial determination that declare the opposition without
foundation is sufficient for the marriage.
32. Matrimony of (strangers) and military persons. If one of the
parties is a stranger who generally does not have either parents or
relatives in these regions, the permission or consent will be given by
the "vice-relative." If one of the pretenders is a military person,
the license will be given by the King when he is an officer or by some
superiors of his Regiment. The Royal ordinance and the later Royal
letters patent will be strictly observed.
33. Procedures to prove the celibacy of the strangers in parishes
farther than 20 leagues from New Orleans. The strangers shall prove
judicially their celibacy. In the parishes farther than 20 leagues
from New Orleans, the pastors are permitted to receive the pertinent
proofs. For this purpose, they will avail themselves of two witnesses
who will supply the Notary's place. Two or three witnesses, under
oath, will declare the celibacy of the stranger, and, according to
these proofs, the license to get married will or will not be given.
Having this license and the certification of baptism or another
information replacing it, the pastors will proceed to the banns of
marriage.
34. Procedures to prove the celibacy of strangers in parishes distant
less than 20 leagues from New Orleans. In this case, the strangers
come to the city to take out papers. In the parish of San Augustine,
Florida, they must go to the Vicar. Both in the archives of the
respective parishes a copy will be kept of all the judicial proceedings
and the matrimonial papers with all the testimonial documents in order
that they may be checked during the Pastoral visit.
35. Publication of the banns and of their dispensation. The pastors
will publish the banns after the offertory on three festive days. The
publication of the banns must be made in clear and distinct voice in
order that the parishioners may get well acquainted with their content.
The Pastors will never dispense from the banns because this is not
their concern nor celebrate the marriage without this requisition or
without the necessary licenses. In a case of acting on the contrary,
they will be held responsible in the most strict sense.
36. Marriages between non-Catholics and mixed marriages. In the
marriages of non-Catholics or between a Catholic and a Protestant, the
Pastor will follow the instruction of Nov. 30, 1792, ordered to be
observed by the Royal Order of Dec. 16, of the same year. The
celebration of these will be carried out in the following manner: a)
The marriage will be assisted by the Pastors without sacred ornaments,
outside of the church and with two witnesses. b) There will be no
nuptial benedictions and the sacramental words: "Ego vos conjugo" will
not be pronounced. c) The pastors will record in the special book the
names of the contracting parties and witnesses, the sect they belong
to, the place and the date, all according to the instructions of
1792.
37. The parochial books. Besides the above book, the pastors must
have the following books: a) Two books of baptism; b) two books of
matrimony; c) two books of burials. One book of each pair will be for
the white parishioners and the other for the Indians and Half-breeds.
They must have also a book of confirmations. The census mentioned in
numbers 18 and 19 will be considered as the book "De statu
animarum."
38. How the registering of the entries is to be done. They must be
written down in Spanish according to the order prescribed by the
formulas of the Rituale Romanum. In the records of baptism, the first
and last names of the grandparents must be added; otherwise the pastors
will be held responsible for failing to fulfill these dispositions.
39. Administration of Baptism. The Bishop has had the opportunity to
observe that private Baptism is administered to many in their own
houses. Moreover, it is usual to postpone for several years to send
them to church to receive the holy oil and Chrism. Private baptism
will be administered only in case of necessity. The pastors must warn
the parishioners to take the newly born to church to be baptized eight
days after their birth. If any of the parishioners opposes this order,
the pastor must notify the Bishop.
40. Delegation of faculties only with just motive. The pastors are
the ordinary ministers of the sacraments and they can delegate their
faculties. However, they will delegate only when there is a just
reason. They ought to prefer as delegates the substitute approved by
the Ordinary because of the danger the administration of the sacraments
is exposed to.
41. Obligations of the substitute pastor. When the pastor has a
substitute, he is not by this mere fact excused from his ministerial
obligations. On the contrary he must continue to administer the
sacraments, and his assistant will administer them only when the Pastor
is not able to do it either because of the territorial extension of his
parish, because of sickness or because the quick and suitable
administration of the sacraments demands it.
42. The high Mass must be celebrated at the most suitable hour for all
the parishioners. Realizing that the parishes of the Diocese have the
most diverse climates and that in some of them the parishioners are
scattered over separated places, the Mass, in the festive days, must be
celebrated in the hour that suits best, in order that the greatest
number of parishioners may attend it.
43. The banns, the days of fasting, etc. will be announced in the high
Mass. The pastors, at the high Mass, will announce the banns of
marriage, the festive days, the days of fasting and rogations of the
following week, and they will explain, at the same time, the Christian
Doctrine mentioned in number 21.
44. The high Mass must be celebrated with the greatest solemnity. The
pastors will celebrate the high Mass in such way as to inspire the
people with respect. The colors of the ornaments and all the liturgy
must be in agreement with the rites of the secular clergy, according to
the concessions made to the dominions of Spain.
45. Use of the bells. a) Before the hour or the high Mass in the
festive days, three peals will be given, with a short interval, to
convoke the people. b) At daybreak, 18 peals will be given; at twelve
o'clock, three; at three o'clock in the afternoon, another three; at
nightfall, 18; at eight or nine o'clock in the evening, a tolling with
the usual pauses. In regard to the other peals the regulations about
bells will be observed.
46. Material care of the church. The pastors must see to the
cleanliness of the tabernacle, altars, ornaments and churches. There
must be always light in the sanctuary lamp. The pastors must see that
the sacristans, acolytes and singers fulfill their duties.
47.Renovation of the Hosts. Every Thursday of the year, the pastors
must renew the Hosts, or oftener if the circumstances demand it.
48. Public exposition of the Blessed Sacrament. 1. The public
exposition of the Blessed Sacrament must take place on the following
occasions: a) Corpus Christi day and its octave. b) During
Quinquagesima, Sundays, Monday and Tuesday. c) On the third Sunday of
every month or when some public necessity may demand it, with the
approbation, however, of the Bishop. 2. a) During the exposition of
the Blessed Sacrament, there must be on the altar twenty lighted wax
candles. b) During adoration a cleric must be present with surplice
and some laymen, either on knees, or standing. c) All must be done in
order to cause respect even in the most dissipated sinners.
49. Annual remittance of small cases for the holy oils. Annually the
pastors must send to New Orleans small cases for the Holy Oils. These
small cases must be kept in the sacristies with the proper decency, and
after the reception of the new oils, the old ones must be burned.
50. Mendicants without license and vagrant ecclesiastics. The
mendicants when collecting alms for any particular image, in the
parochial territory must have a license from the Bishop and the
pertinent Royal justice. Likewise the vagrants ecclesiastics to
exercise any function whatsoever must have the Bishop's written
permission.
51. Perpetual tombs. The pastors cannot concede perpetual tombs to
any person or family either by alienation or under pretext of
remuneration of services. Only the Bishop can decide who can have a
perpetual tomb.
52. Prerequisites to open a primary school. 1. To this end there is
necessary a license from the royal justice, and the teachers must be
approved by the ecclesiastical authority, who examine mainly on the
religion, life, and customs of the candidate. The pastors whose parish
is farther than 100 leagues from New Orleans are authorized to take
care of this examination and grant the approbation. The Bishop will do
so for the parishes less than 100 leagues from the Capital.
53. Duties of the pastors in regard to the schools. The pastors must
take care that the teachers fulfill their duties, because thereon
depends the good education, sense of religion, and good customs in the
children.
54. Conversion of the Indians. The Bishop has observed that, despite
the great number of Indians around this province, mainly in the
parishes of the upper Mississippi and Floridas, very few enter the
Church through baptism. It is the obligation of the pastors to work
for the conversion of the Indians, and all they may do in this respect,
will be very meritorious before God and the King who is generous for
the propagation of the Catholic faith.
55. Method for the religious instruction of the Indians. The Bishop
does not prescribe any special method for converting the Indians; the
character, circumstances and occurrences will determine it.
Nevertheless, the Bishop suggests that the Pastors should teach some of
the Indians' children, at school, not only how to read and write but
also religion, all in Spanish. This method will contribute towards
bringing into the church their parents.
56. Right of asylum. When some criminal resorts to the right of
asylum (the churches were privileged places for the delinquents), the
Pastors will permit his extraction under caution, notifying immediately
the Bishop in order that he may fairly deliberate about the question of
immunity, according to the Canonical law and the Royal letters patent,
dated at 'el Pardo' 1787, Mar. 15.
57. Faculties of the church warden. The church wardens are permitted
to make extraordinary expenses up to five "pesos." For expenses above
this sum there is necessary the knowledge and approbation of the
Bishop. If the parish is less than 100 leagues, and the expenses are
above 50 "pesos," there is necessary the knowledge and approbation of
the Bishop.
58. The pastors must be free from the spirit of ambition. The
ministers of the altar, especially the pastors must never have the
spirit of ambition. They should attend the parishioners in their
necessities, even when the latter may not have money. They have, of
course, the right of charging later on.
59. Regulations. The pastors and the "Fabrica" have to be paid
according to the corresponding rights. To this end, the Bishop adds to
the present instruction, regulations, (arancel) according to which the
stipends will be asked.
60. Collector of fees. When there is no collector of fees, the pastor
will take his place. To this end he should have a special book in
which all the details must be indicated. This book is to be sent
annually to New Orleans to be balanced. The pastors will be held
responsible for this during the Pastoral visits.
61. Right of bequeathing. The law of "Castilla" permits the pastors
to bequeath the acquired goods "intuitu beneficii." However, it is
definitive also that, besides their mere support, the rest must be
employed in the cult and for the poor. Therefore, the Bishop warns the
Pastors to read ch. I, Section 25 "De Reformatione" of the Holy Council
of Trent.
62. Illness or death of pastor. If a pastor gets seriously ill, the
nearest pastor must come to help him in his last moments. If he dies,
the same pastor will bury him and will take care of the church,
archives, and inventory, notifying the Bishop.
63. As to what has not been determined in these instructions, the
synodal decrees of Cuba are to be followed. As to the form and matter
of the sacraments, the teaching of the most competent moralist is to be
followed. The Bishop finishes these instructions begging the Father of
Mercy to enlighten the pastors in the carrying out of their ministries.
(He includes also the following:)
Regulations concerning the fees that have to be charged by the collector of the parish of the Cathedral of Louisiana and others of its jurisdiction, drawn up by the Bishop Luis Penalver y Cardenas, unless His Majesty determines otherwise.
1795 Dec. 21
Penalver y Cardenas, Luis Bishop
(New Orleans)
The Bishop makes up the following regulations:
1. Sepulture will be given gratis to every pauper according to his
quality, and if any alms is gotten, the Pastor is to invest it in
private Masses for his soul.
2. For the funeral of any white person from seven years on, 26
"reales" to the benefice, and if he is a child, 28 "reales."
3. For the funeral of mulattoes and free negroes will be 20 "reales"
and if a child 16.
4. That of a slave 16 "reales" and if a child 12, all to the
benefice.
5. For using a leathern Cape, when requested, 20 "reales," cross with
staff 12 "reales," pectoral cross 4 "reales." The cape belongs to the
benefice; the high cross to the "fabrica" and the short one to the
major sacristan.
6. For a vigil "de Tres Lecciones" 32 "reales" and if more nocturns
are asked 32 "reales" for each one, all to the principal fees of the
prebends.
7. For high Mass with ministers 40 "reales," 10 for the priest, 4 for
each deacon and subdeacon, 4 for the "fabrica," and the rest to the
"rent." If there is no minister 8 "reales" less.
8. For last respousory sung, 16 "reales," to the "rent." In the
funeral honors and anniversary office of the dead this right is not to
be paid nor that of cape and high cross.
9. For incensory, if asked 4 "reales" to the Sacristan.
10. The gifts voluntarily given in the funerals, funeral honors and
anniversary office of the dead, if in cash go to the rent, if in fruits
to the assistant ministers.
11. The ecclesiastic asked to accompany the burial will get 8 "reales"
and if they assist at the services all the way through, 12
"reales."
12. In the case of a convent of religious, the one to be buried in its
church is not to be in detriment of these rights and the Mass will be
sung by the pastor in the parish.
13. In the burials with vigil, in the funeral honors and anniversary
offices of the dead, the parties may put on the lights allowed by the
Law of the funerals and the fee for the four of altar, if there is
funeral pile that five the two of the other altar if they want to put
them on, will be for the benefice of the "fabrica."
14. The alms of the high Mass is 10 "reales," of the low Mass 8.
15. ringing of four bells, 16 "reales," of three, 12 "reales," of two,
8 "reales," half the amount being for the fabrica and the other half
for the sacristan.
16. Concerning burials, in which at least a ringing of the bells will
be given and that in which three, after the hours and numbers of bells
have been fixed, reference must be made to the edict that accompanied
the Royal Cedule of March 10, 1794.
17. In a funeral with vigil, in the funeral honors and anniversary
office of the dead, there are at least two ringings at the beginning of
the prayers and at the end of the office.
18. Every sepulture in the burial ground 12 "reales," and of children
6 "reales." The sexton and the lime will be provided by the
"Fabrica."
19. As the "Fabrica" is very poor, everyone who wants to be buried in
the church, which is divided into four grounds according to the order
of the Arcs, he will pay 160 "pesos" for the first next to the steps of
the presbyterium; 140 for the second, 120 for the third and 100 for the
fourth. If a child, the half of these charges, all the amount going to
the "Fabrica."
20. In the other parishes outside of New Orleans, the right to be
buried in the church will be that which has been in use, until other
decisions may be made considering their grounds and territories.
21. A festivity with Vespers, high Mass, 80 "reales," 10 out of which
for the priest, 8 for the deacon and subdeacon, 4 for the "fabrica," 4
for the incensory, and the rest for the benefice. If there is
procession 12 more "reales" for the benefice.
22. A high Mass 40 "reales," ten for the celebrant, 8 for the
ministers, 4 for the "Fabrica," and the rest for the benefice. If he
does not have ministers, 8 "reales" less.
23. Any procession of a confraternity outside of the church 44
"reales," 12 out of which goes for those who carry the cross and the
candlesticks, and the rest for the benefice. If assistants are asked 8
"reales" for each one.
24. Mass of wedding of white and free persons, 48 "reales," out of
which 8 "reales" are for the priest, 9 for the "Fabrica," 13 for
"arras" and the 8 remaining for the benefice. The Fabrica is in charge
of putting four candles for those to be married and sponsors, and 2
candles on the altar. If they bring the candles 9 "reales" less; the
candles remaining for the "Fabrica."
25. Mass of wedding of slaves, 40 "reales," 8 out of which are for the
priest, 9 for the Fabrica, 13 for the "arras," and the remaining ten
are for the benefice. The Fabrica will have the same expenses as in
the preceding item. When the bride has received other"venditiones,"
"arras" will not be paid.
26. Those who have permission to get married at home, will pay 12
"reales" for the minister of the weddings.
27. No taxes will be charged for a matrimonial "pliego." However, 2
"reales" will be charged for each bann of marriage for the minister who
reads it.
28. No charges for the administering of baptism. The "Fabrica" is in
charge of the fee and if the parties bring candles, it is for the
"Fabrica."
29. The listings of the baptismal entries, confirmations and weddings
will be without charges. If the parties ask for certificates, 4
"reales" for each one for the minister who may give them.
30. The Indians will not pay taxes for burials or Nuptial
benedictions, except only the alms of the Mass and whatever they may
voluntarily offer, that will always be for the chief part of a
prebend.
31. Out of this will be taken the fourth Episcopal, and afterwards the
fifth for the major sacristan will pay also the fourth episcopal of the
rights that these regulations assign to him.
32. The "fabrica" is exempted from that charge.
33. Although the net income assigned to the benefice, belongs to the
Pastor, and as his assistants do not share in his stipends, he will
receive only half and the other half will be divided, in equal parts,
among them. When the pastor can maintain his assistants, he will get
all his income, and they will make a suitable arrangement.
34. When there is no major sacristan, all the fees assigned to him in
this parish, both in particular and in the total amount, will be
received by the Fabrica since it pays the costs of the sub-chanter and
the minor sacristan. The Fabrica bears also all the charges of the
bells.
35. All the fees of the Fabrica here and in other parishes and those
of the major sacristan when there is not such official, will be taken
care of by the church wardens who pay the costs of bread, wine, and
wax, and other things.
36. Bishop Penalver who draws up these regulations yields in behalf of
the participants the fourth Episcopal, while it is due to him.
37. These regulations will last as long as the ministers are paid. In
case they may be suspended by some event, the ministers can demand
changes in them. Signed by Bishop Penalver.
IV-5-d D.S. (Spanish) 97pp. 4to.
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