most holy sacrament was
kept, in order that he might proceed with the said visit, "which he
was to obey immediately under penalty of the greater excommunication,
_latae sententiae ipso facto incurrenaa_, and four years' suspension
from the office of the ministry of souls." The father minister, having
been informed of the act, insisted on his reply, basing his action
on the pontifical privileges of his order. In respect to the royal
decrees, he said that he was obeying them, but that it was necessary
that they should be communicated to his own regular superior, who
had the right of answering them; "and consequently, that in virtue
of the said briefs, by which he is exempt from the jurisdiction of
the bishops in regard to the ministry and visit that his Excellency
intends to make; and by law, inasmuch as he is not the archbishop's
sheep or subject, the said excommunication ... does not oblige or
bind him. Accordingly, let his most illustrious Lordship determine
that matter with his superior, whom the said father is bound to obey;
and, while this matter is not clear, he does not consider as harmful
the penalties and censures imposed by his Excellency. He affixed
his signature, witnesses being Captain Gregorio de Galarca, Alferez
Antonio de Viana, and Don Melchor de Valdes, and many other persons.
_Fray Alonso de Valdemoro_, definitor.
Before me, and I attest it:
_Licentiate Alonso Ramirez_"
Thereupon the archbishop ordered his notary to read the act passed
on the twenty-second of the same month, "in which is discussed the
right of his Excellency to make this visitation. Together with it
the archbishop ordered the clause of the brief of Gregory Fourteenth
to be read and communicated to him, which treats of this visitation
and the decrees of his Majesty which are in these acts, so that the
said father should not pretend ignorance of it. Thus did he order,
and he affixed his signature.
_Fray Miguel_, archbishop."
The definitor responded "that in consideration of the fact that when
his Holiness concedes any indult, and orders any new mandate, he is
seen to address himself, as is his constant custom, to the chief men,
to whom it pertains to carry out any new mandate, the same law extends
to the decrees sent by his Majesty, which are directed to the chief
persons, to whom it pertains to answer the said decrees and mandates
of his Holiness. Consequently, as it does not appear that his prelate
and superior, to whom
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