Guerrero, Father Francisco Perez Processes in the Provision of one of the two canonries of the Cathedral Church of New Orleans in regard to Father Francisco Perez Guerrero.

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1795 Aug. 18

Guerrero, Francisco Perez

to Bishop Luis Penalver y Cardenas
(New Orleans)

(1) Father Francisco Perez Guerrero, former chaplain of the royal fleet, encloses with his petition to Bishop Penalver y Cardenas two documents: (a) The Royal Mandate in virtue of which His Majesty presents Francisco Perez Guerrero for one of the two cannonries of the Cathedral Church of New Orleans. (b) A pledge to pay half of an annat. (The two documents are presented later on).
(2) Moreover Father Perez Guerrero states that he is to make application within the legal time, and that he has only to prove: (a) that he has not been expelled from any religious order, and for proof of this he offers certification of two, three or more witnesses. (b) That he does not have any benefice incompatible with one he seeks.
(3) Furthermore he asks the Bishop: (a) For the canonical collation. (b) That after he has made his profession of faith, the legal possession may be granted him.
--To this document is added a note signed by the Bishop, in which he certifies that the royal order and the pledge have been presented, and that he orders the two above mentioned witnesses to appear.
--To this document is added a certification by the Secretary Joseph Maria de Rivas that the above decree was issued by Bishop Penalver y Cardenas who signed it at New Orleans on Aug. 18 of 1795.
--To this is added another certificate or note by the same Secretary, that he notified on the same day Father Francisco Perez Guerrero of the above decree.

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1794 Nov. 24

Charles IV (San Lorenzo)
King of Spain

to Bishop Luis Penalver y Cardenas
(New Orleans)

(1) The King reminds the Bishop that the right of patronage belongs legally to him and that this right has been recognized by apostolical bulls. So in virtue of this power: (a) He has the right to present the candidates for the dignities, the canonries and the ecclesiastical benefixes both in the Peninsula and in the Indies. (b) He also has the right to set up new dioceses and divide them, when he judges it convenient, with the proper dignities and pretends (c) that in the particular case of Louisiana he has decided after consulting the Council of Champer of the Indies on Oct. 22, 1792, canonries, each one of them having the annual rent of 600 "Pesos." (d) These amounts will be paid by the Bishoprics of Mexico, Puebla de los Angeles, Valladolid de Michoacan, Caracas y Habana. For that purpose the schedules have been sent to the Bishops dated Nov. 23 of 1793 in order that they understand their obligation. (e) After having consulted the Council of the Indies on Aug. 6, 1794, the King presents Father Francisco Perez Guerrero for the canonry resigned by D. Joseph Gorrsales Aguirre.
(2) (a) Moreover the King asks the Bishop to examine in conscience the merits of Dn. Francisco Perez Guerrero. (b) To give him the appointment. (c) That Perez Guerrero must come in person before the Bishop of Louisiana within two years from the date of the royal Order. (d) Guerrero must give guarantee of the payment of the half an annate within the time allowed him. (e) Finally he has to prove that he was not expelled from any religious institution and does not have any dignity, Canonry or Benefice in the Indies, or that if he has had, he has already resigned them.
(3) If the Bishop does not act accordingly, the King's appointment will be considered as null.
(4) Finally, His Majesty commands this Order to be written down in the general auditorships of the Distribution of the exchequer and in those of the Council of the Indies, both in the Peninsula and in New Orleans, with the guarantee of the payment of the half an annate; otherwise this grant to Father Perez Guerrero will be considered as null. Signed by the King.
--To this is added a certification by the secretary of the King, Don Antonio de Ventura Taranco, that by royal order he caused the above decree to be drawn up.
--Another note certifies the receipt of 180 "reales de Pesets."
--Another note added certifying the presentation of C. Francisco Perez Guerrero for one of the canonries of the Bishopric of Louisiana and Florida and that the Marquis of Bajamar, Bernardo Friarte and Joseph Cirtud have been consulted.
--Other Certifications of the course of the royal process follow:
A copy of the royal order has been made in the general auditorship of the distribution of the Exchequer. Dated Nov. 26, 1794, Madrid. This is certified by Eugenio Achurra because of the indisposition of the general auditor. Countersigned by Juan Augusto de Cerain. Eleven "Pesetas" were charged as rights; and twelve "pesetas" as official rights. A copy of the real Order was made in the general auditorship of Indies on Nov. 26, 1794, Madrid. This is certified by Lorenzo de Vioz because of the occupation of the general auditor.
--There is also the signature of Juan Augusto Cerain, lieutenant of the high Chancellor. Fourteen "pesetas" were charged as rights. This document is sealed. To this document is added a certification, Aug. 17, 1795, New Orleans, that the Bishop Penalver u Cardenas received the royal order about Father Perez Guerrero and ordered it to be delivered to Father Perez Guerrero who arrived yesterday at N. Orleans in order to expedite the process. This is signed by the Bishop and witnessed by Joseph Maria Rivas as secretary.
--Another note is added by Francisco Rendon Aug. 17, 1795, New Orleans in which he certifies that a copy of the royal order will be placed in both the general auditorship of the army and in the Exchequer of these provinces.
Finally another note is added by Jose de Orue certifying that a copy of the royal order was placed both in the general auditorship of the army and in the royal Exchequer.

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1795 Aug. 17

Jorda, Jaime

to Jose Orue in behalf of Francisco Perez Guerrero

Jaime Jorda, lieutenant of Militia, (New Orleans) obliges himself to answer to the Exchequer for payment of the half an annate or three hundred pesos, which must be paid by Father Francisco Perez Guerrero. The time to pay id two years after Father Perez Guerrero enters into possession of the canonry. This document is signed by Father Perez Guerrero and Jaime Jorda.
--To this is added a decree dated as above by Rendon in which he approves the above obligation and pledges in behalf of the Exchequer. It is signed by Rendon and by Orue certifying his intervention.
--Another note dated as above is added in which Jose de Orue certifies that the above document is a copy of the original that exists in the general auditorship of the Army.

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1795 Aug. 18

Father Perez Guerrero presents the following witnesses:

(1) Joseph Maria de la Barba, warehouse keeper of the Royal body of artillery, 35 year old witness presented by Father Perez Guerrero, appears before Bishop Penalver and testifies that: (a) Father Perez Guerrero is not a religious nor has been expelled from any religious order. (b) He testifies too that Father Perez Guerrero did not have or has any dignity, canonry or benefice in the Indies.
The document is witnessed by the Bishop and is signed by Joseph Maria de la Barba and is notarized by Joseph Maria Rivas.
(2) Immediately, Father Perez Guerrero presented as witness D. Diego Berez Pardo, chaplain of the first battalion of the regiment of Mexico. When he was asked by the Bishop, said that: (a) He had known Perez Guerrero for seventeen years as a chaplain of the Royal fleet and certified to the same facts.
This was signed by the Bishop, Diego Berez Pardo and noto(?)rized by Joseph Maria Rivas as secretary.1795 Aug. 19

Penalver y Cardenas, Luis
(New Orleans)

The Bishop announces
(1) that Father Francisco Perez Guerrero was proposed by the king in his royal order of Nov. 24, 1794 to occupy one of the two canonries of the Cathedral Church of Louisiana with the annual rent of 600 "pesos."
(2) That Father Guerrero fulfilled all the prerequisites for occupancy of the above mentioned prebend by (a) the testimonial proof and notoriety; (b) arrangement for the payment of the half annate.
(3) That in view of these facts, the Bishop decrees that in obedience to the royal order, he granted Father Perez Guerrero the canonry.
Furthermore, the Bishop ordains that Father Perez Guerrero appear before him (a) to make the declaration of faith and the oath of fidelity. (b) To receive afterwards the canonical collation and get possession of the Benefice. (c) So that he will have the right to the annual rent with all the emoluments.
--Signed by the Bishop and witnessed by Joseph Maria de Rivas as secretary.
--To this document is added a note by Joseph Maria de Rivas as secretary.
--To this document is added a note by Joseph Maria de Rivas in which he certifies that he notified Father Perez Guerrero of the above decree on the same day.

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1795 Aug. 20

Certification that Father Francisco Perez Guerrero has received the collation of his office from Bishop Penalver y Cardenas
(New Orleans)

The ceremony took place in the Cathedral Church of New Orleans before the following witnesses: Father Antonio de Sedella, Capuchin and Pastor of the mother church; Father Joaquin de Portillo, Capuchin; Dn. Ramon Palao, Procurato, and many other persons.

--The cannonical collation comprehends the following parts: (a) The protestation of faith and the oath of fidelity. (b) The symbolical collation. (c) The royal possession of the chair Father Guerrero will occupy in the chair of the Cathedral.

The Protestation of Faith

Before the Bishop Penalver sitting in his episcopal chair of the Cathedral Church, the canon Guerrero, on his knees, made his declaration of faith. This declaration contains the whole Nicene Creed; the doctrine of the Church about the sacraments, the apostolical traditions, the holy scriptures, about the declarations of the Tridentine Council, about the sacrifice of the Mass and the transsubstantation, about the Purgatory, etc. In fine, Father Guerrero pledges to believe and teach all the Church believes and teaches.

The Oath of Fidelity

Father Perez Guerrero swears: (a) To obey the mandates of the Church. (b) Not to oppose directly of indirectly to the rights of the
Church. (c) Obedience to the occupant of the Holy Church of Louisiana and
to all his legitimate successors. (d) That he will not act against the capitulars or enter into any
conspiracy. (e) That to obtain this prebend he did not make use of any
illicity means. (f) That he will defend the mystery of the immaculate conception. (g) That he will not teach even under the title of probability the
bloody doctrines of regicide and tyrannicide.

The Symbolical Collation

Afterwards the Bishop made the Symbolical Collation putting a berettam on the head of Father Perez Guerrero who kissed the episcopal ring in signal of gratitude. Signed by the Bishop.
--A note is added by the secretary, Joseph Maria de Rivas in which he certifies that he was present and ordered it to be written according to the episcopal order.

The real Possession

(1) Immediately and in the same Cathedral Church, the Bishop Penalver gave Father Perez Guerrero the real possession of the prebend. (2) Ceremony - The Bishop took Father Guerrero by the hand and gave him possession of the chair of the Cathedral, sitting him down and standing him up as a sign of the possession without encroachment on the rights of Father Thomas Hassett, another canon of the Cathedral who has not yet arrived at New Orleans.
--Signed by the Bishop, Father Francisco Perez Guerrero and witnessed by Joseph Maria de Rivas, Secretary.

IV-5-b L&D.S. 18pp, 4to. (Spanish)
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