Chapter 20

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 à 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 à 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.