SAMANIEGO, Francisco de.

The very scarce first edition printed in Mexico of this unusual work on ecclesiastical ‘irregularities’ – e.g., canonical impediments which prevent the reception of holy orders or invalidate orders already received. The Spaniard Francisco de Samaniego (b.1600), trained at Seville, spent over a decade as a judiciary officer in Mexico City, before taking up a similar post in the Philippines, where he died in 1666. ‘De la irregularidad’ presents several examples of irregularities that are ‘occult’ (i.e., cannot be proved), on which bishops in New Spain were allowed to issue dispensations, according to Post-Tridentine regulations. Each of the four sections begins with the description of a specific case, and continues with Samaniego’s commentary, summarising, or quoting verbatim, previous canon law regulations or documents. For instance, the first concerns Pedro, born in Spain as an illegitimate son, then emigrated to Mexico where he had always presented himself as legitimate; could he now be ordained a priest, could the bishop of Mexico issue a dispensation for him? The others deal with how to proceed if an irregularity is public (i.e., proved) in that someone’s homeland but occult in Mexico, in case of clerical incontinence, and if the bishop refuses to issue a dispensation as he is not convinced the irregularity is not occult or does not proceed from a crime (in which case two papal indults could be used). Samaniego’s work provides a snapshot of canon law issues in C17 New Spain, and therefore a particular slice of social history, as well as interesting observations: ‘The inequality of government which is had here in America is the cause behind a recklessness towards power which would not ever be attempted in Spain’ (cf. Beristain III,108). A scarce work.

Another ed. was allegedly published in Spain the same year (USTC 5033271), priority not established.