Note 2 — Jesuit Protest against the Dominican University

But without calling in question the matter which is already settled, or his other representations which he insists on and firmly maintains—without appearance, however, of abandoning his claim in case of its rejection—the point that now may be discussed relative to a regular university and general studies is as follows: Has the college of Santo Tomas the needed requisites therefor? or are there new conditions by which their claim can be supported, and which would deprive your Majesty of all ground [for refusing it], although you do not support it? In case a new foundation should be deemed advisable, this more suitably should be established in the said college of San Ignacio, for the reasons to be gathered from the acts of the said trial, from the reports that have been made in favor of the Society, and from the excellent progress which, as is proved by experience, has resulted from their learning and teaching in those islands, with the general applause and approval of their inhabitants and citizens. All this [the writer] again brings forward in the interest of this plea; and he represents that the college of San Ignacio is one founded by your Majesty, and the earliest, and is older than that of Santo Tomas; he also asserts its precedence and other prerogatives adjudged to it in the said trial. Its teaching staff has been, as it will continue to be, adorned with the needed endowments and learning; and that the Society will, as is usual in such cases, carefully teach and train youth follows from its statutes; and the results of its labors in this direction are well known. For its teachers it has never demanded any fees, nor have they any other reward than the luster which is derived from the learning and uprightness of the scholars. They need no royal endowment for their support and maintenance, nor will they ever apply for one. From the revenues enjoyed by the college and the favor shown by your Majesty from the beginning of their earliest establishments they will maintain themselves and be gladly occupied in the fulfilment of this duty. Your Majesty will be their only patron and will give them such statutes as he shall please for their better government. Moreover, without having the royal exchequer put to the slightest expense, application will be made to his Holiness for bulls whereby this institution may win greater renown; while it will be subject in all things to the behest and commands of your Majesty and your Council, as ever has been the notable course of the Society of Jesus in those regions, in order that you may clearly see and understand its mode of procedure and how consistent are its actions. As a favor from your Majesty, it prays with the utmost earnestness and respect that you will be pleased to command that the papers and reports bearing on this matter in the secretary’s office be examined and compared—not only those from the present governor, but those from his predecessor; and especially what the latter wrote in the year 49, on the occasion of his referring [to the Council] this lawsuit. Therein will appear the arguments in opposition to the college of Santo Tomas, and the decisions thereon—among others, the fact that its graduates and students have to take oath that they will uphold the teachings of Saint Thomas [of Aquino]. As a matter of fact, in the renowned universities of the world an oath is taken to defend whatever the consensus of Christian piety has decreed—as during these days was sworn to amid public demonstrations and applause, in the presence of your Majesty—relative to the mystery of the conception of the most holy Virgin our Lady.2 Besides this, by express enactments of law they are forbidden under censures to read and teach other faculties and sciences than those of philosophy and theology. It is therefore unbecoming and in conflict with the said enactments, as well as incompatible with their institute and profession, which forbid them to conduct public universities in the form now claimed. It, moreover, is in manifest prejudice to the right conferred by bulls and privileges on the Society of Jesus, as well as to what has been decreed in its favor with so much toil and expense. And, besides, it may be remarked that the establishment of a university, with courses of medicine, and canon and civil law, in the convent of Santo Domingo would be an improper and absurd proceeding, as they have no teachers who are acquainted with the first principles of these sciences, in default of which there could be but poor instruction, whereas the law requires that the teachers thereof be very learned, besides being endowed with singular talents and qualifications. As the matter is well and generally known, it may be observed that in the Philippines and the city of Manila, where the only persons who treat the sick are Chinese, there is no graduate physician; for no one wishes to go thither from Mexico, as he would be unable to get a living. As regards canon and civil law, graduates therein might go thither every year, if only they could obtain a living and find scholars to whom they might lecture and give instruction. But the city of Manila is so small and confined that—as is evident from the paper here presented with the necessary formalities from Don Sebastian Hurtado de Corquera—it numbers no more than two hundred and seventy citizens. Behold then, your Majesty, under what conditions and in what sort of a place it is sought to establish a regular university of sciences and arts, with chancellor, rector, secretary, beadle, and other officials and teachers who make up its stall—for whose support would be needed twelve thousand ducados of income, no matter how moderate the salaries; whereas, if a portion of this were applied in increasing the number of settlers, with a consequent saving of burdens on the royal exchequer, this would redound to the greater benefit and service of your Majesty. With consideration of the same and whatever besides in fact or law may be of moment, the writer prays and beseeches your Majesty to order the said memorial to be rejected, and allow no other of similar import to be received—with the addition of the declaration, if needed, that the case has already been settled, and the claim is not entitled to a hearing. In conclusion, without prejudice, however, to his plea nor with abandonment of the same, he [i.e., Solana] prays that, should a university be established, it be founded in the college of San Ignacio of the said Society; and on each and every matter relating thereto he files all the petitions needed therefor, wherein he will receive favor with justice, etc.3