The presence of Las Casas in Hispaniola infused new courage into the Dominicans, who had been discouraged in recent years by the difficulty and hopelessness of contending against public opinion on the subject of the Indians and had consequently ceased to preach and agitate in their favour: some members of the community had even been affected by the prevalent opinion that the Indians were really a race of a different order, servile by nature, and destined by Providence to a life of subjection to their superiors. Learned arguments were found to sustain this opinion. The well-known chapters of Aristotle's Politics were quoted, the Scriptures were drawn upon, and, as not infrequently happens, many good men adopted the easier line of not contending with the views of the rich and powerful.

There now ensued a sort of revival of the old enthusiasm in the defence of the natives; sermons were preached which stirred up great wrath and provoked protest from the authorities. It was easy to adopt reprisals on the friars, and the colonists did not hesitate to do so, refusing alms and supplies to the convents. Threats of violence, even of shooting Fray Tomas Casillas, whose sermons had been particularly offensive, were not wanting, though fortunately they were not executed. The friars were reduced to the last extremity and, but for the charity of some few sympathisers and the generous aid of the Franciscan monks who fed them, they would have found themselves in want of the absolute necessaries of life in the midst of a hostile populace. At this juncture a notable conversion was effected by their preaching; a widow named Solano, who was reputed the richest person in the colony, came one day to the convent and declared that she was convinced of the truth of all the preachers had expounded concerning the iniquity of slavery and that she had in consequence resolved, not only to liberate her two hundred and more slaves, but to make restitution of her tainted wealth in as far as she could, by transferring her plantations to the Order, as her awakened conscience forbade her enjoyment of it. This event stirred the entire colony profoundly, and as the action of the friars was so clearly contrary to their own temporal interests as to place the sincerity of their convictions and the purity of their motive beyond question, a certain revulsion in public sentiment began to manifest itself. It is not recorded that anybody else followed the widow's example, but such a change was operated in the disposition of the better class of people that when the time for Las Casas and his friars to leave arrived, regret for their departure was expressed on all sides. On December 14th they embarked on what proved to be a long and tempestuous voyage, attended by many and great dangers; owing to the ignorance of the pilot, the Bishop himself had to take the wheel. Christmas was celebrated at sea, and it was not until the fifth of January that they finally landed at the port of Lazaro on the coast of Campeche. The first episcopal function performed by the Bishop in his new diocese was the pontifical celebration of the vigil and mass of the Epiphany, during which he delivered an earnest discourse on the one theme that furnished material for all his sermons and writings—the injustice and sin of slavery and the obligation resting on all Christian Spaniards to liberate their slaves in conformity with the laws of the Emperor, and to provide for their humane treatment and conversion, according to the law of God.



CHAPTER XVII. - RECEPTION OF LAS CASAS IN HIS DIOCESE. EVENTS IN CIUDAD REAL. THE INDIANS OF CHIAPA

Although the Bishop of Chiapa, upon landing in his diocese, determined to follow the dictates of prudence rather than the promptings of zeal in bringing his spiritual subjects into submission to the New Laws, the question of Indian slavery was one so closely bound up with their temporal interests that no moderation or persuasion on his part could have availed to bring about their renunciation of the established system. In the first sermons preached by his friars, the subject of slavery was not mentioned, and Las Casas sought, more by private conversation and argument with individuals, to convince them of the grave infraction of morals as well as the open violation of the law, they committed in holding the Indians in slavery. His arguments fell upon deaf ears, nor did a single Spaniard accept his admonitions or entertain for a moment the idea of liberating his slaves. Nor did their resistance confine itself to a passive form, for within a short time, the colonists openly refused him obedience and withheld his lawful tithes, declaring that they would not receive him as their Bishop, and occasioning him every annoyance and discomfort they could invent. The refusal of his tithes caused the Bishop serious embarrassment, as it left him without funds to pay for the ship he had chartered in Hispaniola for his journey to Campeche. The priest of the town managed to raise about one hundred castellanos for this purpose and Las Casas signed a note for the remainder.

The Governor of those regions at that time was Francisco de Montejo, who had played a conspicuous part in the affairs of Mexico, whither he had gone with Fernando Cortes. He was absent when Las Casas landed at Campeche and became the object of such general and determined hostility, and his son was governing in his stead. In response to the announcement of the Bishop's presence, the Governor despatched his brother-in-law, who was a person of some authority, to welcome the Bishop, instructing him to treat him in all respects with the highest consideration and in case he wished to come to Merida, to arrange everything necessary for his journey thither.

It was decided to make the journey by sea rather than by the more difficult overland route, and one boat-load of friars sailed, carrying a large part of the stores, which included vestments and altar plate and other church furnishings. Hardly were the preparations for the departure of the Bishop and the remainder of his people completed, when the distressing news of the total loss of this vessel and its cargo reached them from Champoton, an Indian village, where the few survivors of the wreck had found refuge. Nine friars and twenty-three other persons perished in this disaster, the news of which threw a heavy cloud of sadness over the little band of missionaries. Thousands of miles from their native land and in a new world, these men were sustained solely by their faith in their mission and their confidence in the leadership of their venerable Bishop, for they were not only cut off from hope of succour but were exposed to the persecutions of their own countrymen, because of their zeal for justice, in defending the oppressed against cupidity and cruelty. Despite the many causes for discouragement Las Casas decided, on the advice of the pilot of the ship that was to carry them, to profit by the fair weather then prevailing, and set the example to the others of going first on board the vessel. The friars followed in silence, and so entirely were their thoughts given to the premature fate of their lost comrades, that the whole of that night and the following day were passed in silence and prayer: when the ship reached the place where the wreck had occurred, the prayers for the dead were solemnly recited by the tearful company. This becoming tribute rendered to the memory of the departed, Las Casas seated himself at table and, setting the others a wholesome example, he began to eat, for until then no one had had the heart to touch food. The weather suddenly changed for the worse and a perilous Norther, which was the greatest enemy of navigation in those waters, sprang up, forcing the vessel to put in at the island of Terminos, where some fragments of the wreck were found, but the sea had given up no dead. Three days passed in waiting for better weather, and though Las Casas desired to re-embark and continue the voyage, Fray Tomas Casillas was in favour of waiting for the shipwrecked people at Champoton to overtake them, and then to continue the journey overland. This difference of opinion led to a division of the company, the Bishop re-embarking with Father Ladrada and a few of the others, while the majority were left to follow the overland route.

The chief city of the diocese of Chiapa was Ciudad Real, and the Bishop, on his arrival, was accorded a warm welcome and was lodged in one of the best houses in the place, belonging to a Spaniard who was absent at that time, while the friars were accommodated in another, just opposite. The clergy of the immense diocese was scanty enough, being composed of two priests in that town and three others elsewhere; of these latter common report did not speak well, as their secular occupations and efforts to enrich themselves brought discredit upon their clerical character. The cathedral was a small church, of poor construction and meagrely furnished with the necessaries for celebrating the religious offices. One of the new Bishop's first disciplinary acts was to summon the three vagrant priests to Ciudad Real, where he might constrain them to a more sacerdotal life under his immediate authority. Las Casas lived according to the strict rule of his Order, eating only fish, eggs, and vegetables, and, though he permitted meat to the others who sat at his table, there was so little to tickle the palate of the epicure that two out of the three renounced allegiance to their Bishop and betook themselves beyond the confines of his diocese where they speedily fell into evil ways. His life at this period was one of truly apostolic simplicity; although seventy years old, his habits were as frugal and austere as those of any anchorite. Towards the Spanish colonists he at first manifested mild and affectionate sentiments, which blinded them so entirely to the indomitable energy and fearless spirit that animated him, that they, on their part, showed themselves obsequious and generous. The deception was mutual, and disillusion only awaited the moment when the material interests of the Spaniards should be touched, to declare itself. Slavery flourished throughout the diocese, to the great affliction of the Bishop: he first sought by private conversations with the principal persons of the colony, by arguments, explanation of the New Laws and of the Emperor's wishes, to effect the liberation of the Indians, but failing in this, he next preached publicly on the subject. No headway was made by one or the other means employed, while shocking cruelties were of daily occurrence and the Indians, who recognised the Bishop as their only protector and advocate, brought him tales of their sufferings which left him no choice but to have recourse to stronger measures.

The Easter season of 1545 was approaching, and the fulfilment of the precept of confession, which marks the farthermost frontier of Catholic observance, within which even the most lax must remain under penalty of excommunication ipso facto, afforded the Bishop his opportunity. He withdrew from all his clergy, except the dean and canon of his cathedral church, their faculties for granting absolution, reserving to himself all questions involving the relations of the Spaniards to the Indians. He furnished the two appointed confessors with a detailed list of cases in which not merely the questions of holding slaves and cruel treatment were involved, but likewise those which had to do with the right to hold property acquired unjustly from the natives and by violation of the law.

This treatise was doubtless the same that was published in 1552 entitled Confesionario, etc., or in any case it contained the root doctrines of which that tract may have been an elaboration. Both upon the ability and the fidelity of the two confessors he had selected, the Bishop felt he could rely, but in the case of the Dean he was again mistaken in his choice, for in certain of the reserved cases the latter declared that he found no grounds, either in canon law or in any authorities, for his Bishop's decision. The Mercedarian friars, who also had a community in the diocese, were likewise opposed to the severity of the Bishop, and as none of the colonists were disposed to ruin themselves by liberating the Indians, the situation was a grave one for a Catholic community, for no matter how little in conformity with the Church's teaching were the daily lives of many, excommunication was intolerable to all of them. Remonstrances and petitions against his trenchant decision poured in upon the Bishop, and the Dean, supported by the Mercedarians, undertook to intercede for the Spaniards and, if possible, to obtain some relaxation of the obnoxious ruling. Their efforts were vain, for the simple reason that Las Casas held that it was not within his competence to recede from his decision without practically denying his life's mission. As the tension became daily more severe, the colonists addressed to the Bishop, a formal "requirement" drawn up by a notary public, containing arguments to support their claims, based on the terms of the Bull of Alexander VI. and threatening, if he persisted in refusing them the sacraments, to appeal to his metropolitan, the Archbishop of Mexico, and ultimately to the Pope: meanwhile they would denounce him to the King and his Council as a disturber of the public peace and a formenter of dissensions and troubles in the country. To this threat the Bishop answered: "O blind men! How completely does the devil deceive you! Wherefore do you threaten me with your complaints to the Archbishop, to the Pope, and to the King? Know then that though I am obliged by the law of God to do as I do, and you to obey what I tell you, you are likewise constrained thereunto by the most just laws of your sovereign, since you think yourselves such faithful vassals to him." After reading some of the articles of the New Laws forbidding slavery to them, he continued: "According to this, it is I who might much better complain of you, for not obeying your King." The situation was a deadlock, for the Bishop was immovable, neither would the Spaniards give way. From murmuring against his decision and questioning his authority to impose such unreasonable and ruinous commands, they passed to calumny and ridicule, and as these weapon are forged by evil imaginations and their exercise is unhampered by the restrictions of truth, many fantastic accusations were invented against Las Casas, and diligently circulated. The most frugal and abstemious of men was accused of gluttony and intemperance; his learning, which was certainly varied if not vast and was by no means mediocre, was declared to be superficial and insufficient to enable him to properly weigh nice questions of theology and law, and finally it was insinuated that some of his opinions were heretical and that his refusal to allow the sacraments of penance and the eucharist in his diocese proceeded from his dissembled Lutheranism. As a hint of what might overtake him if he persisted in his course, a musket was fired into the window of his room one night. Even the children were taught scurrilous couplets which they sang at him, when he appeared in the streets: only his Dominicans remained faithful to him in this difficult season and their fidelity, though doubtless a source of great consolation to him, had for its chief visible effect, to involve the friars in the popular execration visited on the Bishop. It was a repetition of the incidents in Hispaniola, for likewise in Chiapa the people turned against the friars, refraining from their ministrations and refusing them alms and support. (57)

The first act of open rebellion came from the Dean, who administered the communion during Holy Week to various persons who not only continued to hold their Indians in spite of the Bishop's remonstrances and admonitions, but were notoriously engaged at that very time in buying and selling slaves. The disobedience of his subordinate could not be left unnoticed and the bishop resolved to reprimand him, but paternally, in presence of the other clergy, as an example. This intention was more easily formed than executed, for the Dean refused to appear, although the first summons came in the form of an invitation to dinner: three times was the summons repeated but each time, on one pretext or another, it was evaded, until there only remained to summon him officially and to censure his violation of his Bishop's instructions and his refusal to appear before him. As even this severe measure left him unmoved, Las Casas ordered his arrest and sent his alguacil and some of the clergy to bring the recalcitrant Dean before him. The news of what was passing had spread through the town and when the diocesan authorities went to make the arrest, quite a crowd of people had collected to see the outcome of the ecclesiastical duel. The appearance of the Dean, being conducted by force to answer to the Bishop for disobedience that had been prompted by his compliance to the Spaniards' desires, provoked a demonstration in his favour. He, seeing his opportunity, began to call for help, crying: "Help me to get free, gentlemen, and I'll confess everybody! Get me free and I'll absolve all of you!" A great hubbub ensued; men armed themselves to attack the Bishop's alguacil; some barricaded the Dominicans in their convent to prevent their coming to the assistance of the arresting party, others freed the Dean from his captors, and thus, with great uproar and shouts for the King and his justice against the Bishop, the mob arrived at the latter's house, into which a crowd forced its way with clamorous disorder.

A gentleman named Rodriguez de Villafuerte, who was in the ante-chamber in company with Fray Domingo de Medinilla, managed to somewhat calm the turbulence of the people. The leaders of the mob burst into the room beyond, where Fray Domingo had insisted that the Bishop should remain, instead of coming out to face the rioters as he wished, insulting him in the coarsest language and even threatening to kill him. The storm of popular fury broke itself against the imperturbable serenity and inflexible determination with which Las Casas met and dominated it. Though the crowd dispersed, cowed and sullen, to their houses, the murmuring continued, and the friars dared not leave their convents, for fear of provoking a fresh outbreak.

The Bishop cancelled the ecclesiastical faculties of his Dean and excommunicated him.

The man who had threatened to kill Las Casas was the same one who had once before fired a musket shot through the Bishop's window, by way of warning him, and as he was known for a hot-headed reckless person, the friars were seriously apprehensive lest he might execute his threat; they begged Las Casas to leave and go to a place of safety. "Where," he asked in reply, "would you, Fathers, have me go? Where shall I be safe as long as I act in behalf of these poor creatures? Were the cause mine, I would drop it with pleasure, but it is that of my flock, of these miserable Indians, wearied and oppressed by unjust slavery and insupportable tributes, which others of my flock have imposed upon them. Here I wish to remain; this church is my spouse, it is not mine to abandon. This is the purpose of my residence [here]. I wish to irrigate it with my blood, if they take my life, so that zeal for God's service may be absorbed by the very ground I hold, to make it fertile, to bring forth the fruit of desire—the end of the injustice that stains and infects it. This is my wish, this is my determined resolve, and I shall not be so fortunate that God will permit the inhabitants of this city to fulfil it; other times have I found myself in greater dangers and, because of my unworthiness, God has withheld from me the crown of martyrdom. These disturbances, and the hatred of the conquerors for me, are of ancient date; I no longer feel their insults nor fear their threats, and in comparison with what has happened to me in Spain and the Indies, those of the other day were very moderate."

Against such steadfast resolution, the colonists could not hope to prevail, and one of the first results of the violent attack upon the Bishop, was a certain reaction in public sentiment when calmer Judgment reasserted itself. There was even some counter demonstration, and the news was brought to Las Casas that the man who had threatened to kill him had himself been badly mauled and beaten. The Bishop was the first and most assiduous of the injured man's visitors, even preparing with his own hands, bandages and ointments to dress his hurts. Such charity and abnegation could not but touch even the rude object of these attentions, and after repeatedly begging the Bishop's forgiveness for his recent violence, the man attached himself to him from thenceforth, and became one of his warmest defenders.

Nevertheless, the attacks on the Bishop and on the friars did not lessen for long, nor was the resentment against them diminished amongst the greater number of the colonists, who pushed their reprisals to such an extent that, not only were the priests reduced to the barest necessities of life, but even wine for the celebration of mass was wanting and unobtainable. To remedy this necessity, Indians were sent out into the province to beg for the friars, but the Spaniards learned of this measure and, after forbidding the natives to give them anything, they seized whatever these messengers obtained in spite of the prohibition, and gave them a sound beating as a preventive of any future excursions.

Existence in such surroundings was no longer possible, and the friars resolved to leave Ciudad Real. They sent out four of their number in advance, after which Fray Tomas de la Torre announced from the pulpit their intention to abandon the convent and the reasons which forced them to go.

Learning from those who had gone ahead that they had been well received in Chiapa, and that everything seemed propitious for the foundation of a convent there, the community prepared to follow. Before definitely abandoning Ciudad Real, it was thought well to deliver a final address to the people, explaining clearly and fully the righteousness of their doctrine concerning slavery. This discourse was pronounced by Fray Alonso de Villabra, who cited many authorities to show that the iniquity of slavery was beyond dispute and that it was condemned by the laws of God and man alike. The sermon failed to convince the hostile and unwilling listeners, whose interests were bound up in slavery, and the only result of this last well-meant effort was to intensify, if possible, the irritation against the Bishop and the friars.

The reception of this interesting band of apostolic men by the people of Chiapa, was in striking contrast to the menacing demonstrations which provoked and accompanied their departure from Ciudad Real. More than a league outside the town, the exiles found a large number of Indians, decked out in their best gold ornaments and plumes, carrying crosses made of feathers and flowers, awaiting their arrival, to escort them to the quarters prepared for them.

As soon as the Bishop was housed, an immense number of natives came from all parts of the neighbourhood, begging to be taught the Christian religion. The joy of the tormented Bishop at this demonstration may be imagined, and he urged the friars, after such proofs of the disposition of the Indians to receive the faith, to send to persuade other religious to come and join them in the work of converting the willing people.

The Spaniard who held the encomienda of Chiapa was an astute person, in reality quite as vicious as any of the others but more adroit in concealing his evil doings; he found small difficulty in deceiving the simple friars and, by showing them hospitality and professing great respect for the New Laws, he succeeded in persuading them that he was their friend and protector. The harmony of their relations could not however remain long undisturbed; from professing friendship he passed to more or less open acts of hostility, and from flattery he resorted to calumny. An incident which occurred may serve admirably to illustrate the deceptions practised by the colonists on the ignorant Indians. One of the more intelligent of the natives came one day to the Dominicans and spoke as follows:

"Fathers, behold we are becoming bewildered. Our master told us when you came, that he had written a letter to the Emperor his brother [sic] asking that you be sent to say Mass for us and that it was by his order that you came to live amongst us. Since then, he tells us that you are poverty-stricken people, who come here to be supported by our labour, because you have not enough to eat in your own country. He has forbidden us to give you the ground for your convent and to allow the church to be altered. You, on the other hand, tell us we should not call him our master, for no man other than God whom you preach, is that; you tell us, also, that this man is a mortal like ourselves, subject to the Emperor, King of Castile, and that the Alcaldes at Ciudad Real may punish him. He tells us that he is next to God and has no master in the world. I don't understand you; you speak ill of our master; he speaks ill of you, and with all this we see you going about together good friends, neither of you daring to speak in the other's presence of what each tells us in the other's absence. If you are honest, speak clearly, for we are in a cloud of smoke from your manner of proceeding." (58)



CHAPTER XVIII. - LAS CASAS REVISITS THE LAND OF WAR. AUDIENCIA OF THE CONFINES. EVENTS AT CIUDAD REAL. LAS CASAS RETURNS

Everywhere throughout the province of Chiapa, the heart of Las Casas was wrung by a repetition of the same tales of violence and rapacity; women stolen, property wrested from the defenceless Indians, and the people bought and sold like cattle, to be mercilessly overworked until more merciful death released them from bondage. The Bishop was helpless, having no power or authority to enforce obedience either to the moral law he perpetually preached, or to the New Laws he everywhere expounded to the obdurate colonists. This condition of things, to which no end was apparent, determined him in June, 1545, to lay the matter before the Audiencia of the Confines and to demand that the provisions of the New Laws be enforced. To reach the town of Gracias a Dios from Ciudad Real, whither he had returned, he took the road through Guatemala, yielding to the entreaties of his former companion Fray Pedro de Angulo, who desired him to see the admirable results achieved in the Tierra de Guerra. Truly after such disappointments, sufferings, and persecutions, the Bishop deserved the consolation he derived from beholding the transformation of those formerly savage idolaters, into peaceful and civilised Christians, living in their towns in an orderly fashion far beyond what his highest hopes had allowed him to believe possible. The caciques of the different towns vied with one another in celebrating his arrival, and Las Casas spoke to them all in their own language and delivered to them the cedulas he had obtained for them from the Emperor in Barcelona on May 1, 1543, in which their exemption from every kind of servitude was promised in perpetuity.

The journey from Tululatzan to Gracias a Dios was both a difficult and a perilous one, especially at that season when the rains had swollen the rivers and destroyed the mountain roads. It is significant that throughout the life of Las Casas in America, he is never once mentioned as being ill or obliged on account of any infirmity to defer or alter his plans. His constitution was evidently one of steel. In spite of his seventy-one years, he reached his destination in due time, where he met the bishops of Guatemala and Nicaragua, the latter of whom was about to be consecrated. The Bishop-elect of Nicaragua was Fray Antonio de Valdivieso, also a Dominican, who fully shared the opinions and sympathies of Las Casas. All three of these prelates had grievances and petitions for redress of abuses and for the stricter administration of the laws in favour of the Indians, to lay before the Audiencia. Since that particular tribunal had been created for the purpose of executing these laws and was composed of men whom Las Casas had either chosen himself or recommended, the bishops were justified in anticipating a favourable hearing and a speedy adjustment of their complaints. They obtained neither however, and especially towards Las Casas was the opposition of the auditors directed. When he first entered the council room, some of them cried: "Out with that lunatic!" and on another occasion, when Las Casas declined to withdraw, the President, Maldonado (well named indeed!), ordered him to be ejected by force. Again, when the Bishop, with great solemnity, demanded that the Audiencia should correct the abuses complained of and should relieve the Indians from unlawful oppression, Maldonado answered: "You are a cheat, a bad man, a bad bishop, a shameful fellow, and you deserve to be punished."(59)

Such language in open council, addressed by the presiding officer to a bishop, sounds incredible, and considering the great influence of religion on all Spaniards of that time, it is not wonderful that after such insolence, this petty official was regarded by the entire community as excommunicated; a half-hearted apology, ungraciously made, sufficed however to avoid an open scandal.

Las Casas had already assured his friars in Ciudad Real that he neither felt insults nor feared threats, so the vulgar abuse of Maldonado did not touch him; he drew up and presented a wordy memorial to the Audiencia, divided into seven articles. The first article affirmed that the Bishop was hindered in the exercise of his ecclesiastical jurisdiction, by the opposition of the officers of justice. The second asks for the aid of the secular arm to punish those guilty of disobedience and sacrilege. The third asks that the Indians may be relieved from tyrannous oppression, particularly from the excessive taxes and forced labour exacted from them. The fourth article solicits the transfer of all causes affecting the Indians from the civil to the ecclesiastical courts. The fifth begs the Audiencia to forbid all wars, conquests, invasions of territory, and the establishment of Spanish haciendas in Yucatan. The sixth article petitions orders for the good treatment of the few Indians still held by the Crown in Yucatan, and the seventh asks that the officials of the Audiencia transfer to the Crown, all Indians and all villages affected by the royal ordinances already published. The answer of the Audiencia was brief and amounted to a denial of the Bishop's allegations. (60) Foreseeing, doubtless, the rupture which must inevitably follow the presentation of his memorial, Las Casas had already written to Prince Philip, regent during the Emperor's absence from Spain.

On the 25th of October, a letter signed by the Bishops of Chiapa and Nicaragua was despatched to Prince Philip complaining of the conduct of the Audiencia towards the churches, and declaring that since the New Laws were ignored and left in abeyance, the cruel treatment of the Indians had increased. It was alleged that the President, Maldonado, and his associates possessed more than 60,000 Indians and that he encouraged his governors in every kind of tyranny and robbery of the natives for all of which the too compliant Audiencia neglected to provide any remedy. The destitute and helpless condition of the bishops and clergy was set forth, and they were described as the only faithful subjects whom the sovereign had in those regions, for all the other royal officials were solely occupied with their own interests and in opposing the clergy in the discharge of their pastoral duties. The two bishops urged upon the Prince to liberate all the Indians absolutely and immediately, as the only means to stop the growing evil. The more to impress the Prince with the independent spirit of the colonial officials in ignoring royal orders and violating the express provisions of the New Laws, the bishops affirmed that most of them—with but few exceptions—were even inclined to independence and were secretly as much rebels as those in Peru. An increase in the number of bishops was asked of the Prince, with new dioceses in Yucatan and Chiapa, which were too extensive for one bishop to govern. It plainly appears in this letter that the writers were aware that the Audiencia had written, asking that a metropolitan judge should be sent out with superior powers of jurisdiction to hold them in check, but far from opposing this project, they agreed to it, suggesting, however, that he should be a papal legate and that meanwhile, until such a one could arrive, some one of the bishops should be deputed to hear appeals and decide cases with arch-episcopal powers.

The scandalous affair of the Dean in Ciudad Real was also recounted to the Prince and some displeasure expressed that the Bishop of Guatemala, Marroquin, should have seen fit to receive this rebellious priest in his diocese. Priests, however, were so scarce, that any one who could say a mass and baptise a pagan, no matter what his defects of character or conduct might be, was apt to be welcomed.

On the 15th of November, Las Casas addressed a letter to the India Council repeating his grave charges against Maldonado and explaining the reasons why he connived at resistance to the New Laws.

Simultaneously the Audiencia likewise wrote to the Council giving their version of the situation. This letter was not signed by the licentiate Herrera, one of the auditors, who afterwards wrote to the Emperor, explaining and justifying his abstention, by saying that he disapproved of the violent language used against the bishops and did not share the views of his associates concerning them. Although he found Las Casas over-zealous, he considered that the Indians were harshly treated and that the Audiencia failed to protect them against oppression. They would even be better off in slavery than they were in their present condition, for then at least their owners might care for them.

Perhaps nothing could more completely vindicate Las Casas than the contents of this letter.(61) Herrera was almost alone, however, in siding with the Bishop for even those of the colonists whose temporal interests were not at stake in the question of liberating the Indians, were unwilling to antagonise the Audiencia and to face the condemnation of their fellow-citizens. Even the Bishop of Guatemala, who had formerly been a close friend and warm sympathiser, proved unequal to the pressure brought to bear upon him. He deserted his fellow-bishop, and his letter of August 17, 1545, to the Emperor, was singularly unworthy of his episcopal character, especially when dealing with one of equal dignity to his own.(62)

At this juncture, news of the gravest and most disquieting nature reached Las Casas from Canon Juan Perera, whom he had left as Vicar-General at Ciudad Real during his own absence. Armed with powers granted by the town authorities, Luis de Torre Medinilla and the alguacil mayor, Diego Garcia, had presented themselves to the Canon to institute an inquiry into the cases in which the Bishop had ordered absolution to be refused, founding their action upon the terms of Alexander VI.'s Bull, which gave the Indies to the kings of Castile; from the terms of the Bull they deduced the right of conquest and the disposal of the persons and property of the conquered natives.

The Canon stood firm, however, declaring that he could only grant absolution to those who released their slaves and restored—as far as possible—their ill-gotten profits. They asked that his answer should be given them in writing, as they wished to refer it to the Pope, to which the Canon agreed on condition that he be allowed thirty days in which to prepare a properly expressed statement. The period fixed elapsed without the authorities again asking for the document, for they had devised a new plan to overreach the Bishop. They offered the Canon the keys of the church if he would accept them as curate, abandoning his character as Vicar-General of the Bishop, promising him a generous salary and other advantages if he would agree. The Canon did not agree but reported the situation faithfully to Las Casas, who thus learned that his spiritual subjects were in open rebellion against his authority.

The Audiencia had ended by agreeing to send an auditor to Ciudad Real to see that the New Laws were executed, and a gentleman of Santiago de Nicaragua wrote the news of this decision to the Council saying, "The Bishop is returning to this country to complete the destruction of this unhappy city, bringing with him an auditor to still further tax the country. We don't know how it is that your lordships do not remedy such great evils." An open council was held on December 15, 1545, which was attended by all the householders of the town, and upon opening the sitting, the secretary called attention to the fact that the Bishop had been exercising his episcopal authority without having shown the required papal bulls or royal cedulas to the Council; moreover he had introduced novel doctrines, reserving certain cases for absolution, concerning which, the Emperor's final decision had not yet been received in reply to the petition addressed to His Majesty; as it was evident to them all that the Bishop's ideas, if acceded to by the colonists would result in the total ruin of them all and a general rebellion of the Indians, it was incumbent upon them to notify the Bishop that he must follow the example of other bishops in the colonies, abandoning his novelties until the return of the procurator, who had been sent to Spain to present the colonists' appeal on these matters, when the Emperor's decision would be made known; any disturbances which might arise from the present unsettled state of feeling must be laid to the Bishop's charge. These sentiments encountered general approval, and it was unanimously decided that should Las Casas refuse to acquiesce in them, they would refuse to receive him as their lawful bishop and would suppress his tithes. This last decision was published and a fine of one hundred castellanos imposed on any one violating it.

Fray Tomas de la Torre learned of these decisions and sent from Cinacatlan, where he then was, to warn a lay brother, Fray Pedro Martin, and a servant of the Bishop who were in Cuidad Real, and to advise them to put the Bishop's books and household goods in a place of safety, for he feared that in the excitement, popular resentment might burst all bounds and everything belonging to Las Casas might be destroyed. His warning was not unwarranted, for the two men were obliged to fortify themselves as best they could in the sacristy of the church, where they were attacked at midnight by a body of men, who were determined to expel them from the town. After besieging them in vain for some time, the attacking party left, intending to return by daylight, but the besieged took advantage of their absence to escape and managed to reach Cinacatlan barefoot, where their account of the state of things in the town greatly increased the anxiety of the friars.

While these turbulent events were happening, Las Casas had arrived at the Dominican monastery at Copanabastla on his way to Ciudad Real, where it was his intention to celebrate Christmas in his cathedral; he took the precaution of sending a trusty messenger ahead, who brought back a full account of the decisions of the Council and the preparations for resisting the Bishop's entrance. On his way back to Copanabastla this messenger passed by Cinacatlan and told the friars of the Bishop's whereabouts, so they also wrote him full information of all that had happened and the kind of reception awaiting him in the city.

The citizens of Ciudad Real were also kept informed of the Bishop's approach and, with unswerving resolution, began to take their measures to stop his advance unless he accepted their conditions; pickets were established at different points of the road to give warning of his approach. Singular indeed was the activity displayed in arming as large a force of men as could be mustered, to oppose this aged monk who, like his apostolic forebears, came alone, on foot, with a staff in his hand and neither purse nor scrip. Although there were not wanting those among the friars who counselled him not to brave the popular fury, Las Casas refused to follow their advice, saying: "If I do not go to Ciudad Real, I banish myself voluntarily from my own church and it may be said of me, with reason, the wicked fleeth, when no man pursueth. How do we know that they want to kill me and that the sentinels are placed for this express purpose? I do not doubt the truth of what the fathers at Cinacatlan say, but there are our Lord's words to his disciples when they sought to deter him from returning to Judea, because they [the Jews] had sought to kill him the day before. The day has twelve hours, in each one of which, or in each minute or in each instant, the minds of men may change. If I do not enter into my church, of whom may I complain to the King and the Pope for putting me out of it?"

The Bishop's serenity was as perfect as his resolution was unchangeable, and, gathering his scapular in his hand, he rose from his chair and set out on his journey, amidst the tears and remonstrances of the friars. Upon reaching the first post of sentinels he found the men off their guard, as a report had spread that he had abandoned his intention to advance. The Indians, when they recognised him, completely forgot the orders they had received from their Spanish masters, and in mingled joy at seeing their beloved Bishop again and distress at being there under such duty, they threw themselves at his feet, weeping, protesting, and imploring his forgiveness for their compulsory part in opposing him.(63) Knowing that the poor creatures would pay dearly for their neglect of orders, Las Casas had them bound, as though he had surprised and captured them.

That night Ciudad Real was shaken by a terrible earthquake which drove the frightened people into the public square. Talking amongst themselves, some declared that this upheaval heralded the Bishop's approach and was the beginning of the destruction he would bring upon their town.



CHAPTER XIX. - OPPOSITION TO LAS CASAS. HE LEAVES CIUDAD REAL. THE MEXICAN SYNOD

At dawn Las Casas entered the city unnoticed and reached his cathedral, from whence he sent Father Nicola Galiano, one of the clergy, to notify the Council of his arrival and that he was awaiting them. The Bishop's arrival, did in reality, cause a greater disturbance than the earthquake. The members of the Council debated as to what was now to be done; the Bishop was in the city and in his cathedral, despite their efforts to exclude him. Finally it was decided to go in a body to the church, where they seated themselves as though for a sermon. When the Bishop entered from the sacristy to speak to them, no one rose or showed any of the customary marks of respect. The notary immediately read the "requirement" it had been their intention to present before Las Casas was admitted to the city, omitting however the passages which denied his authority.

Las Casas replied to this with great benevolence, saying that as he was ready even to shed his blood for them, he had no intention of interfering with their properties except in so far as was necessary to prevent sin against God and their neighbour: he exhorted them to consider matters calmly and not to allow themselves to be carried away by irreflection. His manner, as well as the sense of this speech, were surprisingly conciliatory, but one of the council, less impressed by the persuasive eloquence of the Bishop, observed from his place that as Las Casas was but a private individual, he had presumed too far in summoning such an important body as the council, composed of the most illustrious gentlemen of the colony, to come to meet him, instead of going himself to them. The Bishop, with much dignity, answered; "Look you, sir,—and all of you in whose name he has spoken,—when I wish to ask anything from your estates, I will go to your houses to speak with you; but when I have to speak with you concerning God's service and what touches your souls and consciences, it is for me to send and call you to come to wherever I may be, and it is for you to come trooping to me, if you are Christians." Nobody ventured to reply to this rebuke and the Bishop, rising immediately withdrew, towards the sacristy. Then the notary of the council approached him respectfully, saying that he had a petition to present on behalf of the townspeople, which there was no need to read as it merely asked that they should be treated as a Christian people and have confessors appointed to grant them absolution. The Bishop assented, but as he named the Canon Juan Perera and the Dominicans, who all notoriously shared his views on the question in dispute, the council demurred, saying that they were unacceptable. The Bishop therefore named a priest from Guatemala and a Mercedarian friar, whose sentiments he knew to be in harmony with his own, though they had taken no part in the controversies and hence their opinion had never been publicly manifested. Both were men of exemplary piety and zeal in their ministry. Even Fray Vicente Ferrer, who accompanied the Bishop, was unaware of the real sympathies of the two confessors, and fearing his superior was unwittingly making a blunder, he tugged at his vestments saying: "Let your lordship rather die than do this."

Immediately those present broke forth into imprecations on Fray Vicente and all but maltreated him, in the midst of which uproar, the Mercedarian friars, who had heard of the Bishop's return, appeared in the church to welcome him. The disturbance was somewhat quelled by their arrival, and they managed to conduct the Bishop and the offending Fray Vicente in safety to their own convent.

The fatigue of the journey and the excitement of these disturbing scenes through which he had passed left the aged Bishop exhausted, but his trials had in reality only just begun, and hardly had he seated himself in the cell the friars provided for him, to take a little bread and wine, when a fearful uproar was heard outside, which proved to be caused by an immense crowd of armed people who had surrounded the convent. Some of these men forced their way into his presence, but so great was the noise and clamour that the friars, who sought to learn the cause of this hostile demonstration, could neither hear nor make themselves heard. Finally it appeared that this fresh outburst was occasioned by the discovery that the Bishop had captured and bound their Indian sentinels as prisoners. Las Casas at once assumed the entire blame, explaining exactly how he had surprised them and why he had bound them. A storm of vituperation greeted his explanation—all semblance of respect, either for his age or office, was abandoned—and one taunted the protector of the Indians with himself tying them up and draging them three leagues.(64) Amidst all these reproaches and insults Las Casas replied to one of his tormentors saying: "I do not wish, sir, to answer you, so as not to take from God the task of punishing you, for the insult you offer is not to me but to God."

While this scene of violence was proceeding inside the Bishop's cell, his negro servant Juanillo was being baited in the courtyard where some one who accused him of tying the Indians, gave him a thrust with his pike, which laid him, wounded, on the ground. The friars rushed to the rescue of the unfortunate negro and two of the younger monks finally succeeded in getting all the armed men out of their convent.

All these riotous happenings had taken place between dawn and nine o'clock, and so true was the Bishop's saying that in each hour of the twelve, men changed their minds, that before noon order was not only entirely established, but the extraordinary spectacle was offered of the members of the same council who had insulted and outraged the Bishop, coming in great humility to the convent, accompanied by the alcaldes, without their wands of office or their swords, to beg his forgiveness and to acknowledge him as their rightful Bishop. Not content with this act of reparation, they carried him in procession from the convent to the house of Pedro Orozco de Acevedo, one of the principal citizens, where an apartment was prepared for his habitation. To complete this transformation and illustrate even more fully the vagaries of the human temper, they determined to celebrate his arrival by holding a grand tournament in his honour, the day after Christmas. Remesal does not say whether this form of festivity met with the Bishop's approval, but it may be permitted to imagine that had he been consulted, he would have found some more fit means for celebrating the reconciliation.

Las Casas was probably not at all duped by the sudden conversion of his enemies, which was indeed more indicative of a mercurial and capricious temperament than of a sincere desire to make amends for their conduct: the real reason of these sudden demonstrations must be sought in the fears that were aroused in the minds of the better citizens, of the punishment sure to fall upon them, when the news of their actions should reach Spain.

Proofs of their bad faith are not far to seek. Even while the festivities were preparing, a body of men rode off to Cinacatlan where they robbed and terrorised the Indians, bullied and threatened the frairs, and finally returned with great rejoicings to Ciudad Real. The friars being in no way deceived, for they also understood but too well the volatile character of the Spaniards, took the precaution of provisioning the Bishop, so that he might not be starved out when popular resentment should again nullify the present reconciliation.

The Indian porters who were to carry these provisions, were so fearful of being set upon and beaten or even killed by the Spaniards, that it was only after much persuasion that they consented to deliver them: fortunately they were not molested and the supplies reached their destination intact.

A short time after these events, the Auditor, Juan Rogel, sent by the Audiencia of the Confines, arrived at Ciudad Real just as the Bishop was preparing for his journey to Mexico where one Francisco Tello de Sandoval, whom the Emperor had sent as Visitor-General of New Spain, had convoked a meeting of all the bishops and prelates in America to confer upon the vexed questions concerning the Indians, about which opinion was so divided as to render hopeless any acceptable legislation from Madrid. The celebrated Sepulveda, one of the most learned scholars and ablest men of his times, led the opposition to the doctrines of Las Casas and sustained the theory that servitude was the rightful and natural state of the Indians and that it was justifiable to subdue them by force to Spanish rule.

On the 20th of November, 1545, the Emperor, in response to the arguments and petitions of the representatives of the colonists, had abrogated the most important articles of the New Laws—in fact had substantially revoked them, though this action was not yet known in Chiapa, where the Bishop received the Auditor Rogel, to whom he highly praised the New Laws, whose application was the object of Rogel's visit. The Auditor, after hearing him out, said: "Your lordship well knows that though these New Laws and Ordinances were framed in Valladolid by the agreement of such grave personages,—as your lordship and I witnessed—one of the reasons which has rendered them so hateful in the Indies has been the fact that your lordship had a hand in proposing and framing them: for the conquerors consider your lordship so prejudiced against them, that they believe that what you obtain for the natives is not so much for love of the Indians as for hatred of them. Entertaining such a suspicion, they would feel it more, were I to deprive them while your lordship is present, than the loss itself of their slaves and estates; Senor Don Francisco Tello de Sandoval has summoned your lordship to this meeting of prelates which takes place in Mexico and I would be glad if you would prepare for your journey and hasten your departure, for until your lordship is gone I can do nothing. I do not want it said that I am doing what is necessary out of respect, as everything would thereby be lost."

This plain speaking, in which Las Casas recognised much truth, convinced him that by remaining, he would only retard the cause he desired to help, so he quickly completed his preparations and left Ciudad Real in the first week of Lent in 1546, hardly a year after his first entrance into it. His departure was signalised by some demonstrations of sympathy, and a few people accompanied him as far as Cinacatlan, where he remained for several days counselling with the friars concerning the stand to be taken on Indian matters in the council or synod he was going to attend in Mexico.

As the other American bishops disapproved of his action in refusing the sacraments to slave-holders and the Visitor General, Tello de Sandoval, had already written him a sharp letter of reproof for his imprudence in obstinately persisting in his views despite the fact that he was alone in holding them, formidable opposition would have to be encountered in the synod. Neither Las Casas nor his Dominican brethren were at all dismayed by their isolation, nor did they for a moment consider the possibility of abandoning or even relaxing their convictions. The Canon, Juan Perera, who had stood loyally by his Bishop, assisted at these conferences, but as he had previously expressed contrary opinions, he desired to make an act of public reparation for his past errors. He returned to Ciudad Real especially to preach a sermon of retraction and to read a paper prepared for him by Fray Tomas de la Torre, containing a full vindication of his Bishop's opinions. This recantation produced no small effect upon the colonists, some of whom were moved to express regret for their part in the maltreatment of Las Casas and the friars. This business terminated, the Canon rejoined Las Casas at Cinacatlan and accompanied him to Mexico.

Before setting forth on his last journey, the Bishop transferred his property to the Dominicans and, though there was a conditional clause in the deed of gift, there was no reservation in the donor's mind, for he knew that he was leaving Chiapa for ever and would never again govern a diocese. Accompanied by the friars Rodrigo Ladrada, Vicente Ferrer, and Luis Cancer and by the Canon Perera he journeyed to Antequera in the province of Oaxaca—the marquisate of Cortes—where he was received in the Dominican convent. But so intense and wide-spread was the feeling against him that both the Viceroy and the Visitor-General wrote to him that he should not advance farther towards Mexico, until they summoned him, lest his appearance might provoke a disturbance. The march of a hostile army upon a defenceless city could hardly have stirred up greater excitement than the arrival of this aged Bishop with his four humble companions. He finally entered the city of Mexico at ten o'clock one morning, and not only was there no disturbance of the peace when he was recognised, but his followers even heard some comments of admiration for him as he passed through the streets to the Dominican monastery where he was to lodge.

The very day of his arrival, Las Casas betrayed his lack of those conciliatory qualities, without which no man can negotiate debatable questions with any hope of success. During his several visits to Spain, where he handled delicate questions with consummate skill, he had shown tact in seeking to disarm opposition and conciliate opponents, but in Mexico he displayed no wordly wisdom whatsoever. He replied to the message of the Viceroy and the auditors who sent to welcome him, that he would not visit them as they were excommunicated because they had cut off the hand of a priest in Antequera.

The news of this message was spread throughout the city and still further inflamed the popular ire against him. Just at a time when so much depended upon winning supporters to his side and conciliating, as far as possible, the conflicting principles of the contending parties, Las Casas alienated the powerful Viceroy and the auditors, and rendered himself inaccessible to any possible overtures from the more reasonable and moderate men of the opposition, whom it should have been his first duty to placate by every possible concession.

The synod or council was composed of the five bishops of Mexico, Chiapa, Guatemala, Oaxaca, and Mechoacan, with possibly a sixth from Tiazcala; besides these, there were the prelates and chief theologians of the religious orders, and finally, all the learned men of the colony. The outcome of their deliberations was contained in eight propositions, of which the five principal ones were as follows:

1. All infidels, of whatsoever sect or religion they may be or whatever may be their sins, hold and possess in conformity with the natural and divine law and the law of nations, the property they acquire without prejudice to others; and likewise their principalities, kingdoms, estates, lordships, dignities, and jurisdictions. 2. Although four different classes of infidels exist, there is but one method instituted by divine providence for teaching the true religion, namely, persuading the understanding by reasoning and attracting the will by gentleness. This is common to all men in the world, without regard to difference of errors or sects, or corruption of morals. 3. The sole and final cause why the Apostolic See granted supreme sovereignty and imperial jurisdiction over the Indies to the Kings of Castile and Leon was the preaching of the Gospel, the spread of the Christian religion, and the conversion of the nations of those regions, and not to increase their dignity or to make them richer princes than they were. 4. The Holy See, in granting the said supreme sovereignty, did not intend to deprive the native sovereigns and rulers of their estates, lordships, jurisdiction, honours, and dignities, nor did it intend to give the Kings of Castile and Leon any license by which the spread of the Gospel should be impeded and the conversion of the people of those regions be retarded. 5. The said sovereigns of Castile, who offered and bound themselves of their own choice to see that the faith was preached and the Indians converted, are obliged by divine precept to bear the necessary expenses for accomplishing these ends.

These were the most important of the eight articles approved by the synod, and they were grounded upon and defended by a multitude of arguments drawn from the Fathers and General Councils: they were not adopted without opposition, and every point was fought over in endless debates, for the conquerors and all holders of encomiendas contested stoutly for what they held to be their rights. The synod also established the conditions on which sacraments should be administered to the colonists, and addressed a full report of the proceedings to the Emperor, soliciting his confirmation and the royal authority for executing all that had been enacted.

Although Las Casas had several times essayed to bring the question of slavery before the council, no direct or explicit decision was given on that important point, and as his efforts were embarrassing, the Viceroy quickly told him that reasons of State had compelled him to defer a definite solution of that question. Far from quieting Las Casas, this information aroused his zeal all the more, and as a hearing in the council was denied him, he preached a few days later when the Viceroy was present, taking for his text this significant passage from the thirtieth chapter of the prophet Isaias: "For this is a rebellious people; lying children, children that will not hear the law of God. Who say to the seers, see not; and to the prophets, prophesy not right things unto us; speak unto us smooth things, prophesy deceits."

The sermon was not without the intended effect, and the Viceroy began to regret the exclusion of the subject of slavery from the council: as a compromise, he consented that separate meetings should be held in the convent of San Domingo to consider this subject, offering to transmit to the Emperor the conclusions adopted. Las Casas was ably seconded in the proceedings of these meetings, by Fray Luis Cancer, and a declaration was drawn up declaring that the Indians—with few exceptions—had been unjustly enslaved and that those who held them were bound to set them free: slave-holders were described as tyrants and all personal services exacted from the defenceless natives were condemned. Those who took part in these meetings and signed the decisions, were destitute of any means to give effect to them, but they adopted measures to publish and distribute copies of them throughout the colonies, in the hope that they might influence public opinion in the right direction.

Las Casas named the Canon, Juan Perera, as his Vicar-General in the diocese of Chiapa, on the ninth of November, 1546, and at the same time appointed as confessors the friars Tomas Casillas, Tomas de la Torre, Domingo de Arana, and Alonso de Villabra, to whom he furnished copies of the instructions approved by the council of Mexico, in which were comprised the twelve rules. The colonists appealed to the Emperor against the instructions, which they held to be unduly severe and onerous for them, and, in reply to their petition, a royal order dated in Valladolid on the twenty-eighth of November, 1542, was received by the Audiencia of Mexico ordering a copy of the disputed regulations to be sent to Spain for examination.

In the early part of the year 1547, Las Casas arrived in Vera Cruz to embark for Spain, and after some delay there, until a ship could be found for the voyage, left the shores of America for the last time(65)



CHAPTER XX. - LAS CASAS ARRIVES AT VALLADOLID. THE THIRTY PROPOSITIONS. DEBATE WITH GINES DE SEPULVEDA

Rejected by his flock in Chiapa, abused and denounced by the Spanish colonists in America, the venerable Bishop's arrival in his native country was preceded by accusations intended to prejudice the young Prince, Don Philip, who was regent during the Emperor's absence, against him. Long years of championship of an unpopular cause rendered him impervious to these baseless attacks of his enemies. At a time of life when most men think to rest, Las Casas prepared himself with undiminished vigour to continue the struggle in the cause of freedom. Upon his arrival in Spain, he repaired at once to Valladolid where the court was usually in residence, only to find that Don Philip had gone to hold a Cortes in the kingdom of Aragon. With his habitual promptness, the Bishop followed him thither, and was received with great kindness by the Prince, who, after listening attentively to all that he had to recount, wrote to the Dominicans in Chiapa commending their conduct and offering to send more men of their Order to reinforce them, if they were required.

The Indians were ever uppermost in the mind of Las Casas and he likewise obtained that the Prince should write letters to the caciques in Chiapa and Tuzulutlan, who had become Christians, congratulating them on their conversion, praising their zeal, of which the Bishop had informed him, and urging them to follow the counsels of their Dominican friends. To celebrate his pacific victory in the "Land of War," Las Casas also had the sinister name Tuzulutlan officially changed to that of Vera Paz or True Peace.

The formal resignation of Las Casas from the diocese of Chiapa was made known to the Spanish Ambassador in Rome, Don Diego Hurtado de Mendoza, in a letter from the Emperor dated September 11, 1550, with instructions to announce the same to the Pope and to present the name of Fray Tomas Casillas for the vacant bishopric.

Mention has been made of the Confesionario, or book of instructions written by the Bishop of Chiapa and distributed to the clergy of his diocese. In this little manual, Las Casas demonstrated that the armed invasion of America by the Spaniards and the conquest of the various countries were contrary to all right and justice: he argued that the Bull of donation given by Alexander VI. charged the Spanish sovereigns with the right, or rather the duty, of converting the inhabitants of the New World to Christianity; once their conversion was effected, they might be induced, if possible, by gentle and pacific means to place themselves under Spanish rule. Arguing from these premises, the Bishop directed his clergy to refuse absolution and the sacraments to all who refused to liberate their slaves or continued to oppress and rob the natives.

Reduced to a formula the doctrine of Las Casas may be summed up: Convert the Indians first and they will afterwards become Spanish subjects; as against the contention of his adversaries that they must first be conquered, after which their conversion would follow.

His enemies were not slow in seizing upon these definitions and in twisting them into a denial of the sovereign rights of the Crown. Formal denunciations of the teachings contained in the Confesionario were laid before the India Council, (66) and that body having summoned Las Casas to explain his doctrines in writing, he submitted an exposition of the contents of his book, in the form of thirty propositions, the substance of which may be summarised as follows: (67)

1. The power and authority which the Pope holds from Jesus Christ, extends over all men, whether they be Christians or infidels, as far as everything touching their salvation is concerned. Their exercise should, however, be different over pagans than over those who have received or have refused to receive the true faith. 2. The primacy of the Pope imposes upon him the obligation to diffuse the Christian religion throughout the world and to see that the Gospel is preached to the heathen wherever they will receive it. 3. The Pope is bound to choose proper missioners for such propaganda. 4. It is evident that Christian rulers are his most suitable and efficient assistants in this work. 5. The Pope is free to invite or justified in obliging Christian rulers to lend their help, by the exercise of their power, by the expenditure of money, and by sending suitable men to conduct missions. 6. The Pope and the Christian sovereigns should act together for this end, in agreement with one another. 7. The Pope may distribute heathen lands among Christian rulers, designating where each is to labour for the conversion of the infidels. 8. Such distribution should be made, however, for the purpose of ensuring the instruction and the conversion of the pagan nations but not at all to increase the territories of the Christian sovereign or to augment his revenues, titles, and honours, at the expense of the natives. 9. It may follow that Christian princes may incidentally derive some profit from this conversion of such infidels, and all such may be permitted to them, but the primary object must be the propagation of the Faith, the extension of the Church, and the service of God. 10. Native kings and rulers hold their authority and jurisdiction by a just title and have a right to the obedience of their lawful subjects, nor should they be deposed or violently treated. 11. Injustice, cruelty, and every form of wickedness are produced by the violation of this law. 12. Neither idolatry nor any kind of sin justifies Christians in usurping the authority of native rulers or in seizing the lands and goods of their subjects. 13. As long as such infidels have not opposed the propagation of the Gospel and have not refused to receive the Faith preached to them, no Christian tribunal or judge has a right to punish them for the practice of idolatry or for the commission of any sins, no matter how heinous. 14. The New World was discovered during the pontificate of Alexander VI., hence that pontiff was obliged to designate some Christian prince under whose protection the propagation of the Faith should be carried on. 15. Since the Catholic sovereigns of Spain, Ferdinand and Isabella, had protected and aided Columbus in making his discovery, and had, moreover, expelled the Mahometans from their land, the Pope perceived the special claims they had to receive this privilege, and the great advantages to religion of confiding this mission to them. 16. The Pope, having authority to grant such a privilege, has power likewise to annul, revoke, or suspend it for just cause; or he may transfer it to some other ruler and forbid all others to interfere. 17. The jurisdiction over the Indies held by the sovereigns of Spain is lawful. 18. The native rulers in the Indies are therefore obliged to submit to the jurisdiction of the Spanish sovereigns. 19. Once the native rulers have voluntarily and freely accepted the Faith and been baptised Christians, they become bound by another title than before to acknowledge the Spanish sovereignty. 20. The law of God imposes on the Spanish sovereigns this duty of selecting proper persons and sending them to preach Christianity to the natives, and to neglect nothing that may ensure their conversion. 21. They share this obligation with the Pope and, before the conversion of the natives has been accomplished, they have the same power over them as has His Holiness. 22. The Catholic Faith may be best spread throughout the New World by imitating the example of our Lord in establishing His religion upon earth. The natives are submissive, docile people, who may be won by kindness, charity, and good examples of holy living. They should be encouraged and favoured, and treated as brothers. 23. The Romans, Mahometans, Moors, and Turks have propagated their doctrines by the sword, but such means are tyrannical, and it is blasphemy for Christians to imitate such cruelties; what has already been done in the Indies has caused the natives to believe the Christian God to be the most merciless and cruel of all deities. 24. It is only natural that the Indians should defend their countries from armed invasion, thus they resist the propagation of the Faith. 25. The Spanish sovereigns have from the outset repeatedly forbidden wars, conquests, and acts of cruelty. Those officials who have pretended to act by royal authority in such wars and acts have lied, and the warrants they have shown are forgeries. 26. It follows that all the wars, invasions, and conquests that have been made, have been tyrannical, contrary to justice and authority, and hence, in fact, null and void: this is proven by the record of the proceedings in Council against all such tyrants and usurpers who have been found guilty. 27. It is the duty of the Spanish sovereigns to maintain and re-establish all laws and usages amongst the Indians which are good, and that is to say the most of them; those which are bad should be abolished, and the preaching and application of the Gospel is the best means for effecting this. 28. The Devil himself could not have worked greater harm than have the Spaniards, by their tyranny and cruel greed; they have treated the Indians like beasts, worked them to death, and persecuted those who have wished to learn from the friars, even more than others. 29. The system of giving the Indians in encomienda and repartimiento is absolutely contrary to the royal commands issued by Queen Isabella to Columbus and his successors during her reign. The Queen ordered all Indians who had been brought to Spain as slaves, to be sent back and set free. What would she think could she but witness the present state of things? The present sovereign has been kept in ignorance of the true condition, and his long journeys and absences have prevented him from informing himself. 30. It follows, therefore, from these propositions that all the conquests, acquisitions of territory, invasions, and usurpations, whether by the Crown officials or by the colonists and individuals, are illegal, because all have been accomplished contrary to the orders of the Spanish sovereigns and in defiance of their authority. (68)

Without pausing to examine the origin or trace the development of the papal claim to dispose of the western hemisphere, which Las Casas admits in these Thirty Propositions, it should be borne in mind that Alexander VI. made no unusual exercise of his prerogative in so doing, nor was there anybody, whether philosopher, jurist, or statesman, who, at that time, contested his pretension; arguments which Las Casas presented as almost axiomatic are now obsolete, and of interest merely as illustrating the political doctrines of his times. He was, perhaps, the first to limit the exercise of the papal power by describing it as conditional, and in denying that the bull gave the sovereigns of Castile any property rights in the New World. According to his doctrines, the Pope was exercising his purely spiritual power. Charged by the Founder of Christianity with the obligation to cause the Gospel to be preached to every creature, he might delegate to the sovereign of his choice the right, or rather the duty of sending his subjects to convert the heathen within a prescribed portion of the Indies—but for no other purpose. Equally clear is the limitation he places to the action of the prince. The latter receives no authorisation from the Pope to invade, occupy, or govern territory in America. His mission is exclusively religious, and any advantage accruing to himself must be merely incidental. Since he may not rightfully use force to establish his rule over the Indians, the rights of sovereignty conferred by the Bull, only become effective in cases where the native rulers, after their conversion, voluntarily acknowledge them.

In these definitions, Las Casas had gone far, but his adversaries despite their subtlety were impotent either to force or inveigle him into a position, where even constructive heresy and disloyalty might be imputed to him. More adroit than they, he skilfully evaded their snares, without sacrificing one jot of his contention. The India Council was well satisfied with his defence of the Confesionario, but the resentment of his enemies was inflamed the more by his victory, and it was felt to be more than ever necessary to fix upon some one able to refute his arguments and discredit him in the estimation of statesmen and theologians.

One of the foremost of Spanish theologians and Jurists at that period was Gines de Sepulveda, whose distinction as a master of Latin style had caused Erasmus to describe him as the Spanish Livy. Born in Cordoba of noble parents in 1490, he had passed many years in Italy and had but recently returned to Spain, where he was named royal historiographer by Charles V. During his sojourn in Rome, Sepulveda had published a dialogue entitled Democrates, in which he sought to prove that war was consonant with the doctrines of Christianity: "De convenientia, disciplinae militaris cum cristiana religione."

Whether or no Sepulveda was deliberately chosen by the opponents of Las Casas to dispute the Bishop's propositions in defence of the Indians, does not positively appear, (69) but just before the latter returned from America, he composed a second dialogue, Democrates II. De justis belli causis apud Indios, in which he upheld the right of the Spaniards to make war on the Indians. This dialogue was apparently written in Valladolid and called forth an episcopal reprimand from the Bishop of Segovia. The fraternal admonition of the Bishop, instead of disposing of the subject, provoked a reply from Sepulveda in the form of an Apologia of an Democrates II.

The India Council having refused to permit the publication of this dialogue, Sepulveda petitioned the Emperor, who referred the matter to the Council of Castile. That body having given its assent, the Emperor signed a royal cedula at Aranda de Duero, authorising the printing of the book.

In the midst of the interest excited by this controversy, Las Casas arrived in Spain. He prevailed upon the Council of Castile to reconsider its decision, and to submit Sepulveda's work to the universities of Salamanca and Alcala, for an opinion on the soundness of his doctrine. The reply of the universities was adverse, and the authorisation to publish was consequently annulled. (70)

Prohibited from publishing his book in Spain, Sepulveda sent it to Rome where the censorship of the press was freer and where, in fact, the condemned dialogue was printed, together with the author's Apologia addressed to the Bishop of Segovia. An edition of the work was prepared in Spanish for the benefit of those who did not read Latin, but the Emperor forbade the entrance of the one and the other into Spain.

Las Casas took but the time necessary to master the propositions of Sepulveda, before he seized the cudgels in defence of his Indians. From this moment the controversy took another complexion. Sepulveda had so far crossed weapons with learned theologians, men of study rather than of action, who carried on the dispute along purely scholastic lines and according to the recognised rules governing debates between scholars.

His new adversary, who was the best informed man in the world on the special subject under dispute, transferred the debate from academic to practical ground, of every foot of which he was master. Though inferior in learning to the polished humanist, who affected to regard him as a furious fanatic whose crude Latin shocked his scholarly sensibilities, Las Casas was his match in fervid eloquence, overmatched him in the ardour of his feelings, and ended by pulverising him under the weight of facts he hurled upon him.

The controversy assumed such proportions that the Emperor, in the fashion of the times, ordered the India Council to assemble in Valladolid in conjunction with certain theologians and scholars, to decide whether or no wars for conquest might be justly waged against the Indians. (71) Before this learned jury both Las Casas and Sepulveda were summoned to appear in 1550.

In the first session of the assembly, Sepulveda stated his propositions and expounded his defence of them, presenting, under four heads, his reasons why it was lawful to make war on the Indians:

1. Because of the gravity of their sins, particularly the practice of idolatry and other sins against nature. 2. Because of the rudeness of their heathen and barbarous natures, which oblige them to serve those of more elevated natures, such as the Spaniards possess. 3. For the spread of the faith; for their subjection renders its preaching easier and more persuasive. 4. On account of the harm they do to one another, killing men to sacrifice them and some, in order to eat them.

These reasons were defended by their author in an able discourse, in which all the resources of his vast learning and forensic ability were called into play.

Las Casas occupied five sessions in reading his Historia Apologetica, after which the assembly directed the Emperor's confessor, Fray Domingo de Soto, to prepare a summary of the arguments of both parties, of which fourteen copies should be made for distribution to the members of the conference.

After the reading of Fray Domingo's summary, which was drawn up with perfect impartiality and great clearness, Sepulveda presented twelve objections to the arguments of Las Casas, each of which he argued with great subtlety and erudition. The refutation of these twelve objections by Las Casas, closed this memorable controversy; in none of his writings is the character of the Protector of the Indians more fully revealed than in this final discourse before the conference at Valladolid. To give it in its entirety would occupy too much space in this place, but the following translation of the speech with which he introduced his twelve answers, is worthy of our closest attention.

After the introductory phrases required by the etiquette of such debates he continued: "So enormous are the errors and scandalous propositions, contrary to all evangelical truth and to all Christianity that the Doctor Sepulveda has accumulated, set forth, and coloured with misguided zeal in the royal service, that no honest Christian would be surprised should we wish to combat him, not only with lengthy argument, but likewise as a mortal enemy of Christendom, an abettor of cruel tyrants, extirpator of the human race, and disseminator of fatal blindness throughout this realm of Spain. But the least we could do, having regard to the obligations imposed by the law of God, is to answer each point here presented, and this will complete his confusion."

From this vigorous opening, the Bishop went on to examine the nature of the Bull of donation and the intention of Alexander VI. in granting it. He demonstrated the irrefutable fact that the Catholic sovereigns and the Pope were in absolute agreement, and that the clearness of the language of the Bull left no room for two interpretations. The better to illustrate and drive home this argument, he cited articles from the last will of Queen Isabella, of which the following translation proves the truth of his contention:

"Forasmuch as when the islands and terra-firma discovered, or to be discovered, in the Ocean Sea, were granted to us by the Holy Apostolic See, our principal intention, when we asked the said concession from Pope Alexander VI. of happy memory, was to provide for attracting and winning to us the natives, and to convert them to our holy Catholic faith; and to send to the said islands and and terra-firma, prelates, religious, clerics, and other learned and God-fearing men, to instruct the inhabitants in the Catholic faith: and to use all necessary diligence in teaching them and in introducing good customs among them; all this according as may be more fully seen in the wording of the said concession. I therefore very affectionately beseech my lord the King, and I charge and command the said Princess, my daughter, and the said Prince, her husband, that they shall execute and accomplish this, making it their principal object, and using the greatest diligence therein. They shall not consent, or furnish occasion that the Indian natives and inhabitants of the said islands and and terra-firma, sustain any injury, either in their persons or their belongings, but they shall rather order that they be well and justly treated. And if they [the Indians] have received any injury, they shall correct it and shall take measures to prevent what is conceded to and enjoined upon us by the wording of the said concession, from being exceeded."

Reviewing the conditions in the colonies, Las Casas described the richness of the soil and the vast resources of the Indies, declaring that what was wanted there, were industrious, honest, and frugal emigrants, who would develop the agricultural sources of wealth, instead of the horde of rapacious adventurers and dissolute soldiery then engaged in depopulating and ruining them. One by one he stripped Sepulveda's propositions of their brilliant rhetoric, exposing the hollowness and sham beneath the specious reasoning, with which the latter sought to cloak his poverty of facts. Las Casas closed his case with the following brilliant and prophetic peroration: