Both Fray Antonio and Dr. Palacios Rubios approved these articles and the latter somewhat added to and improved them, recomposing them in the proper legal terminology of the time, after which they were again submitted, discussed, and in some unimportant details, amended, in the above-mentioned council presided over by the Cardinal, The next important step was to place the execution of these new provisions in the hands of trusted delegates who would apply them rigorously and in the sense designed by the council, for there had been no lack of excellent decrees, having the same end in view, but which had, in the past, been rendered null and of no effect, through the connivance of the colonial authorities, to whom their execution had been entrusted. Las Casas, for the best of motives, declined having any part in designating such officers and in consideration of certain rivalries existing between the Franciscan and Dominican Orders, especially in Indian affairs, the Cardinal finally decided to confide the necessary powers to the monks of St. Jerome, an Order which had thus far taken no part in colonial affairs. Upon receiving the Cardinal's notification of this intention, the General of that Order, who resided at San Bartolomé de Lupiano, summoned a chapter of all the priors of Castile, in which twelve monks were designated, amongst whom the regent might make his selection. Four priors came to Madrid to notify this result to his Eminence, and one afternoon [pg 81] the two regents, accompanied by the entire court, rode out to the monastery of St. Jerome near the Buen Retiro Gardens, where they lodged, to receive the formal answer of the chapter. Las Casas was, of course, present, and the regents were received by the monks in the sacristy of the church, which had been appropriately prepared for the great occasion. Cardinal Ximenez addressed the assembly, highly commending the willingness of the Jeronymites to undertake such a meritorious task, and then ordered that Las Casas be summoned to hear the result.
The boyish enthusiasm of Las Casas's character appears on this occasion, for, consumed with impatience, tortured by hopes and fears, he had waited outside in the upper cloister as long as he could stand it and had then finally descended a staircase which brought him unexpectedly to the sacristy door, just in time to hear that he was being searched for; some one asked him if he knew Las Casas, to which he meekly replied, “I am he.” As he could not get in at that door, he had to go round through the church, which obliged him to traverse the choir, where all the great people of the court in attendance on the regents were waiting and who, so Las Casas observes, were all glad to see him, except perhaps the Bishop of Burgos. This hour of Las Casas's triumph was complete; on his knees before the Cardinal-regent, in the presence of the assembled Priors of Castile and the entire court, he heard, with ill-repressed tears, the announcement that all he had most earnestly striven and prayed for was now [pg 82] to be realised and that he himself was designated to confer with the General of the Jeronymites concerning the choice of the men who were to execute the new laws in the Indies. The Cardinal, who unbent to few, treated Las Casas with genial familiarity and when the latter declared that he did not need the money his Eminence had provided for his expenses, as he had enough of his own, he smilingly observed, “Go to, father, I am richer than you.”
Not a moment of time was wasted, and that very evening Las Casas received his instructions and twenty ducats for the expenses of his journey to Lupiano, whither he set out the following morning. One of the twelve monks amongst whom the selection was to be made was in that monastery, and the General had him called and presented him to Las Casas, who was as pleased with his robust appearance, which promised to support the physical hardships of colonial life, as he was with all that he heard of his virtues and learning, though his face was as ugly a one as ever a man had; this was Fray Bernardino de Mazanedo, the Prior of Mejorada, and he was selected as one of the commission; Luis de Figueroa and the Prior of St. Jeromino in Seville were finally agreed upon between Las Casas and the General to complete the number.
No sooner had the Jeronymite monks arrived in Madrid than the agents of the colonists, and all those who were interested in maintaining the encomiendas and repartimientos, whose suppression [pg 83] meant the diminution of their incomes, laid instant siege to them. Las Casas was abused and even threatened in the public streets, and a well organised campaign of calumny and misrepresentation was set actively in motion. The Indians were represented as lazy, filthy pagans, of bestial morals, no better than dogs, and fit only for slavery, in which state alone there might be some hope of instructing and converting them to Christianity. Las Casas was flouted as a fanatic, bent on destroying the Spanish colonies, and as an enemy of his country's interests. So adroitly were these and other arguments presented, and so overwhelming was the mass of testimony favourable to the colonists that constantly reached the Jeronymites from all sides, that they began to be ill-affected towards Las Casas and to disregard his suggestions. Dr. Palacios Rubios was so disturbed by their new inclination, that after conversations with them, in which their changed views were plainly manifested, he declared it would be disastrous to send such men; he forthwith determined to stop their departure, if possible, before it was too late.
Cardinal Ximenez fell seriously ill at this time and Palacios Rubios sought access to him in vain. As soon as his Eminence had sufficiently convalesced to attend to business, he ordered the final instructions to be given to the Jeronymites and their departure to be hastened. One of the orders directed them, upon arriving in Hispaniola, to at once annul the encomiendas held by members of [pg 84] the Royal Council for the Indies. This struck a hard blow at Conchillos and the Bishop of Burgos amongst others, for the former lost eleven hundred Indians and the latter eight hundred, [29] nor from that time forth did any member of the Council openly hold property in slaves, though Las Casas was sceptical as to whether they did not continue to have private interests. Another similar order obliged all judges and royal officials in the colonies to surrender their slaves. The general sense of the instructions furnished to the Jeronymites for their guidance was in conformity with the ideas of Las Casas and the articles were indeed drawn up by him, although certain concessions which did not meet with his approval had been made to public opinion, and the important property-owners in the colonies were sufficiently powerful at court to obtain some modifications and to suppress some provisions in favour of the Indians, which seriously hampered the original proposals. In spite of the declaration formally set down in the will of Isabella the Catholic that the Indians were and must be considered free men, the contrary opinion had come to prevail, and in the beginning of his negotiations in Spain Las Casas himself had not ventured to insist too much or too openly on this point, until one day, when in conversation with Cardinal Ximenez, he queried by what principle of justice the Indians were held in subjection. His Eminence answered with some vivacity: “With no justice, for are they not free men? And who can doubt [pg 85] they are free?” From thenceforward Las Casas sustained this opinion unflinchingly.[30] The licentiate Zuazo of Seville was appointed to accompany the Jeronymites and to open an inquiry (tomar la residencia) into the administration of the colonial officials. The powers of the friars were the fullest possible and enabled them to inquire into all matters touching the welfare of the Indians and to correct abuses, but they were not “governors” as has been supposed and stated by many writers, but rather overseers, charged to ensure the proper execution of the laws which had been enacted to protect the natives.
As soon as the instructions were delivered to the Jeronymites, Las Casas received the following order from the Cardinal-regent:
“The Queen and the King. Bartholomew de Las Casas, priest, native of the city of Seville, and resident of the island of Cuba which is in the Indies.”
“For as much as we are informed that you have been and are resident in those parts for a long time, from which you know and are experienced in their affairs, especially in what touches the well-being and usefulness of the Indians, and you know and are acquainted with their life and conversation from having dwelt with them, and because we know your good zeal in our Lord's service, from which we hope that you will execute with all diligence and care what we shall charge and command you and will see to what contributes to the welfare of the souls and bodies of the Spaniards and Indians who live there; by these presents we command you to repair to [pg 86] those regions of the said Indies, such as the islands of Hispaniola, Cuba, San Juan, and Jamaica as well as to the mainland; and you shall advise, inform, and give your opinion to the pious Jeronymite fathers whom we despatch to effect the reformation of the Indies, and to other persons who may assist them in this, concerning everything which touches the liberty, good treatment and welfare of the souls and bodies of the said Indians in the said islands and mainland; and that you shall write to us giving information concerning everything that may be done or should be done in the said islands; and that you shall do everything required for our Lord's service; for all of which we give you full power, with all its casualties, dependencies, emergencies, annexes, and connexes; and we command our Admiral and appellate judges and all other justices whatsoever of the said Islands and Tierrafirma that they protect you and cause this power to be protected and that they shall not oppose or go contrary to its form and tenor nor consent that such be done at any time or in any way under pain of our displeasure and of 10,000 maravedis for each person who may act to the contrary.”
“Done at Madrid the 17th day of September in the year 1516 F. Cardinalis, Adrianus Ambasiator—By command of the Queen and the King her son, our sovereigns, the governors in their name. George de Baracaldo.”
In addition to this full power, Las Casas was given the title of Protector-General (or Procurator-General) of all the Indians, to which office an annual salary of one hundred dollars was attached, an amount which, for the times, was a considerable one.