Briones, Merced, Father Josef de and
Serrano, O.P., Father Joseph
Proceedings by the chaplains of the First and Third Louisiana Battalions for the prohibiting of burials of soldiers by the Chaplains of the Royal Hospital of this place and Pensacola.
--------
(1798)
Briones, Merced, Father Josef de and
Serrano, O.P., Father J(ose)ph
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Briones, chaplain of the First Battalion and Serrano of the Third in Pensacola, through information from Father Agustin Lamare, O.F.M., chaplain of the Second Battalion and Father Ant(oni)o Merino, O.F.M., former chaplain of the third, that Father Patrick Walhs (Walsh), chaplain of the Royal Hospital and Father James Colman, pastor of Pensacola and chaplain of the hospital there, are burying soldiers of the battalion who die in their respective hospitals taking not only the fee from the funerals but also one-fourth of the Masses in their wills, without leaving enough to repay the claims of the above priests. It is a transgression of the royal order of October 31, 1781 in which the king directs that the chaplain of a regiment or military group should retain these fees for himself, which is the same as the instructions given by the Vicar General of the armies for the governing of the chaplains. They ask that (Penalver) notify the chaplain of the Royal Hospital at New Orleans and the one at Pensacola in the future not to bury soldiers who die in their hospitals.
L.S. (Spanish)
--------
1798 Jan. 15
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
(The above) is to be given to the chaplain of the hospital for explanation. Father Isidro Quintero acts as secretary.
A.D.S. (Spanish)
--------
(1798)
Briones, Merced., Father J(ose)ph
( )
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
(Penalver) turned over to Wals(h) the letter which Serrano and Briones sent. Walsh not having answered after a month's time, Briones asks Penalver to order him to reply.
A.L.S. (Spanish)
--------
(1798) Feb. 9
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
He is to reply at the first hearing.
D.S. (Spanish)
--------
(1798)
Walsh, Father Patrick
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
In Walsh's case this information is ill-founded. Chaplains in all the principal places of the dominion, as in Europe and America, are like pastors and perform functions without limit while not enjoying fees or emoluments as represented but most of the time giving over these privileges to the chaplains. His duties as vicar general and pastor of the English and Anglo-American residents of New Orleans sometimes do not permit him to perform these burials so that he has not even taken what belongs to him by Article 1 of the royal order of October 31, 1781 cited, for burials in the cemetery of his hospital because burials of soldiers in the common cemetery as also in the military cemetery are always made by the chaplains of the corps although the persons died in the Royal Hospital. Father Fran(cis)co Perez Guerrero, who was chaplain of the Royal Hospital in Cadiz, assured Walsh that there the burials were made by the chaplains who received a monthly gratuity besides their salaries and that the chaplains of the regiments received nothing for this. As chaplain of the navy, he was in Carthage, Feral and Havana and in these places no one performed the burials except the chaplains of the hospital and they received the fees. Therefore, the chaplains have no right to the fees nor to contest the 3 pesos, 2 reales which is offered by ancient custom for each burial if the deceased leaves the wherewith to pay for it. So he is astonished at the claims of the chaplains whose gratitude he tried to enlist by his fair and generous actions.
A.L.S. (Spanish)
--------
1798 Feb. 13
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
More evidence is to be provided by Walsh about his appointment, salary and fees.
D.S. (Spanish)
--------
(1798)
Walsh, Father Patrick
New Orleans, Louisiana
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Walsh replies to the (above) decree by:
1. Presenting the original letter from the Intendant of the Army,
Fran(cis)co Rendon, contained in the royal order which was his
patent;
2. A copy of the instructions for his ministry. The 40 pesos he
receives is not as chaplain of the hospital but as pastor of the
English, Irish, Anglo-Americans. He has no further emoluments in the
hospital except 26 reales for some of the burials of those who died at
the hospital and added to this the benefice of living in a royal house
near the hospital.
A.L.S. (Spanish)
--------
1798 Feb. 26
Penalver y Cardenas, Bishop Luis
New Orleans, Louisiana
A copy is to be made of the letter and instructions so the original may be returned.
A.D.S. (Spanish)
--------
1795 Jul. 16
Rendon, Fran(cis)co
New Orleans, (Louisiana)
to Father Patrick Walsh
(New Orleans, Louisiana)
In a royal order of February 15, Eugenio de Llaguno told him: "The king, in compliance with the proposal made by you in a letter of September 16 of last year, approved the appointment of Walsh, as one of the Irish priests who came to this province in the last mission, for the chaplaincy of the hospital to replace the deceased Father Fran(cis)co(?) Valdes with the same assignment of 40 pesos a month in compliance with the frugality of the royal treasury." Rendon sends it on to Walsh.
L.S. Copy (Spanish)
--------
1798 Mar. 24
Quintero, Father Isidro
New Orleans, (Louisiana)
Quintero notified Walsh of the above decree to which he replied that he did not know from what the instructions were copied nor who had formulated them but he had received them from the comptroller of the hospital who had others from the Minister of War which prevail in all the hospitals of Spain and clearly set forth all the obligations and fees of the chaplains. Walsh promised to show it and to find out the author.
A.D.S. (Spanish)
--------
1798 Mar. 30
(Penalver y Cardenas, Bishop Luis)
New Orleans, (Louisiana)
The document is to be presented at the second hearing. Quintero notified Walsh and Briones on April 11.
A.D.S. (Spanish)
--------
(1798)
Walsh, Father Patrick
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
The author of the rules was Nicolas Jose Rapun, Intendant-General of Cuba dated 1776, ordered to be observed here. The comptroller also had a book certified by Pedro Barruehy(?) secretary and official of the Office of War of Spain and the Indies on July 8, 1793 which contains the ordering of hospitals in 1739. Walsh promised to show it but the comptroller does not wish to hand over the book. Walsh copied item 24 and 25 as follows: "When someone dies in the hospital who has money or goods for his burial and Masses the chaplains as pastors should have a will or declaration made before two other witnesses. Particular care should be taken that the employees and servants fulfill their Easter duty so that their pastors may be notified." From all this it is seen that the chaplains of the hospitals are true pastors of all the ill and dependents of the hospitals and can perform burials either in the cemetery or parishes. They are prohibited only from interfering with wills.
A.L.S. (Spanish)
--------
1798 Jul. 13
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
(The above) to be kept with the proceedings.
A.D.S. (Spanish)
--------
1798 Jul. 14
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
The royal order of October 31, 1781 gives the chaplains of the regiments a right to one-fourth of the funeral fees and Masses of all the soldiers and persons subject to their pastorate even if they die outside the corps and go from a church. This conforms with the instruction for chaplains of August 3, 1778. Therefore it is indisputable that for those of Louisiana the 26 reales which is the fourth of the funeral fees for each burial of those who die in the hospital or anywhere else and are buried in the parish or hospital cemeteries and one-fourth of the Masses, all belong to whoever performs the burial without regard to any contrary custom in Spain or America.
D.S. (Spanish)
--------
(1798)
Walsh, Father Patrick
(New Orleans, Louisiana)
to (Bishop Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Walsh has been notified of (Penalver's) definitive decree. This is harmful to Walsh as a true pastor of the hospital and opposed to the practice in Spain and America. Here there was never more than 26 reales collected for all the fees so that when the chaplains of the regiments had made their collection nothing remained for the hospital. Walsh appeals from this decree before the Vicar General of the Armies, Cardinal Patriarch of the Indies or before the Rota or before whoever has authority and asks (Penalver) to have copies made of these proceedings so the original can be sent up.
D.S. (Spanish)
--------
1798 Jul. 23
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
A transcript is to be made.
A.D.S. (Spanish)
--------
(1798)
Briones, Father Jose de
(New Orleans, Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
Briones has seen Walsh's appeal. The practice, alleged by Walsh of the chaplains taking only 26 reales could be because of the custom of his predecessors or because of ignorance of the rights they had but whatever it was it could in no way destroy the royal order of October 31, 1781 and the Instruction of August 3, 1778. They strove only with what little they collected and the 29 pesos of salary to live frugally and not to have to beg. Did Walsh judge that the small salary was sufficient for them while the 40 pesos he received and the house to live in were not enough for him so that they would remain silent while deprived of what legitimately was assigned to them. Briones asks Penalver to waive(?) the petition.
A.L.S. (Spanish)
--------
1798
Penalver y Cardenas, Bishop Luis
(New Orleans, Louisiana)
It is granted(?).
A.D.S. (Spanish)
--------
(1799?)
Briones, Father Josef de
New Orleans, (Louisiana)
to Bishop (Luis Penalver y Cardenas)
(New Orleans, Louisiana)
A long time ago Briones answered the letter which Walsh presented July 23, 1798 appealing the decree of July 14 and not having received a judgment he asks (Penalver) to decide what is best.
A.L.S. (Spanish)
--------
1799 Sep. 17
Penalver y Cardenas, Bishop
(New Orleans), Louisiana
The petition is granted.
A.D.S. (Spanish)
--------
1799 Sep. 23
Penalver y Cardenas, Bishop Luis
(New Orleans), Louisiana
Penalver has warned that Walsh's ministrations to the English, Irish, and Anglo-Americans is to extend only to hearing their confessions and aiding them and with the permission of the pastor to give them Holy Communion and Extreme Unction. (Translation uncertain).
D.S. (Spanish)
--------
1799
Quintero, Father (Isidro)
New Orleans, (Louisiana)
Quintero notified Walsh of the above decree.
A.D.S. (Spanish)
V-2-f L.S., A.D.S., A.L.S., D.S., and copies (Spanish) 30pp. 4to.
13