The Philippine Islands, 1493-1898, Volume 45, 1736: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
History
The Philippine Islands, 1493-1898, Volume 45, 1736: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
Royal permission, beyond any doubt, was obtained, although by an
indirect method. For law liii, of título xxii, [book i] (which treats
of universities and general and private studies in the Yndias) declares
that "by the license of the ordinary and governor of the Filipinas
Islands, and the decision of the royal Audiencia of those islands,
the religious of the Order of St. Dominic in the city of Manila,
founded a college where grammar, arts, and theology were read, in
which they placed two religious of each branch, and twenty secular
collegiates. Great gain resulted therefrom," and it is ordered that
for the present and so long as his Majesty orders no other thing,
"the religious make use of the license which the governor gave them
for the foundation." That was not to be understood "to the prejudice
of what was ordained in regard to similar foundations, so that they
should not be instituted or commenced without express permission"
from the king.
With such requirements, respect for the foundation is declared not
only by the judicial force of the foundation itself, but also by
the above-cited law xliii of título vi; for that respect is equally
capable of being required from persons and authorities who are
strange to the institution, and from the patrons, administrators,
and ministers of the institution itself. The will of such patrons
would have no power against the fundamental law whence proceeds their
authority. Their end is to preserve and obey that law strictly, and
to cause it to be respected by others without any change or violation
of it by them. The admissible innovations in the institutions under
discussion have the limit and form which were laid down by the
foundation. Consequently, therefore, those innovations which might
have been made in the patronage, in the administrative management, or
in the academical order, provided that they respected that limit and
observed the jurisdiction and formality laid down by the writ of 1611,
could not be considered as violations, but as faithful applications
of the peculiar law of the college.
The first part of the conference admits only the following categorical
reply: "In the college-university, the ministry has no right to
reorganize the instruction." It has a right, beyond any doubt, to
organize the public instruction in Manila, in the manner which it
considers most adequate for obtaining the ends of the same. One of the
fundamentals which it may adopt could be the elimination [as teachers]
of the fathers of the said order. But that will not fall within
the college whose foundation we have before us, and the funds and
properties of the same cannot be applied totally or partially to the
university or college which the government may erect in such manner.
Public-domain text, read in full here on John Shaqi.
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