Bartholomew de Las Casas; his life, apostolate, and writingsMacNutt, Francis Augustus
History
Bartholomew de Las Casas; his life, apostolate, and writings
MacNutt, Francis Augustus
Casas, Bartolomé de las, 1474-1566
To be thus placed between the ban of excommunication and the renunciation
of their illegally held slaves, was an intolerable prospect. Appeal or
protest to the Prior being useless, they despatched complaint to the King
and chose for the bearer of it a Franciscan friar, Alonso de Espinal, who
was instructed to unite his efforts to those of two other agents, who had
already been sent to obtain an extension of the encomienda privileges.
The Dominicans sent as their representative to contest the case, the
offending preacher himself, some generous sympathisers having been found
in the colony to furnish the money for the expenses of his journey.
The advocate for the colonists found all doors open to him and his way
made easy, for there were not a few of the courtiers and other great
personages in Spain who derived large profits from the abusive traffic in
the Indies, but the Dominican was friendless and met with obstacles on
every hand which barred his access to the King. He managed after some
exercise of patience to outwit the gentlemen in attendance, and, forcing
his way into the King’s presence, begged to be heard. Upon receiving the
royal permission to speak, the monk unfolded such a tale that the King sat
stupefied with horror at his ghastly recital. “Did your Highness order
such deeds to be done?” asked the monk. “No, by God, never on my life,”
replied the King. The immediate result of King Ferdinand’s aroused
conscience was, that a commission was formed to inquire into the case and
to take information on which to base a report to his Majesty. The sense
of this report was that the Indians were freemen, but must be instructed
in the Christian religion; that they might be made to labour, but not in
such wise as to hinder their conversion nor in excess of their strength;
that they should have houses and be allowed sufficient time to cultivate
their own lands; that they should be kept in touch with the Christians and
that they should be paid wages for their work, which might be in clothing
and furnishings rather than in money.
While the discussions inside the commission were going on, the agents of
the colonists were active in presenting their side of the case. Fray
Antonio was likewise losing no time, and was astonishingly successful in
that he won over the very Franciscan whom the colonists had sent to plead
their cause, and converted him into his staunch ally and supporter.
The outcome of this controversy was the code of laws promulgated at Burgos
on Dec. 27, 1512, and known as the Laws of Burgos. They were afterwards
considerably added to by another commission, in which the Prior, Pedro de
Cordoba, who had come to Spain and seen the King, sat, and their
provisions, had they been conscientiously carried out in the sense their
framers designed, would have considerably ameliorated the condition of the
Indians. They constitute the first public recognition of the rights of
the Indians and an attempt, at least, to amend their wrongs.
Public-domain text, read in full here on John Shaqi.
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