The Dominican monks of Hispaniola, grieved at the barbarities practised towards the natives of that unfortunate island, had entered an indignant protest against the treatment which was meted out to the vassals of Queen Isabella. These monks were about twelve or fifteen in number, and they soon gathered for themselves an idea of the cruelties which were being practised around them. As they determined that their protest should be a collective one, they agreed that a discourse should be preached before the inhabitants of San Domingo, to which they should all attach their names. The preacher, taking for his text “I am the voice of one crying in the wilderness,” declared to his audience with piercing words that they were living; in mortal sin by reason of their tyranny to the Indians, and he demanded what authority there was for the imposition of this servitude, and what ground for these wars? The sermon was heard to the end, but on reflection the principal persons amongst the audience went to the monastery to make a fierce remonstrance.
They insisted on seeing the preacher, and required that he should make a retractation on the following Sunday. Next Sunday came, and the place of worship was crowded by a congregation brought together to hear the expected apology. The same preacher again ascended the pulpit; but Father Antonio only repeated his former statements and insisted upon their conclusions. He moreover added that the Dominicans would not confess any man who should have made incursions amongst the Indians. The congregation again listened to the discourse; but they determined to send a complaint to the king, and afterwards to despatch a Franciscan monk to argue their case at court. Thus were two orders of the Church arrayed against each other; the one urged on by motives of Christianity and humanity, the other by religious rivalry.
The Dominicans likewise resolved to send their advocate, and amongst the colonists some pious persons were found to defray the expenses of his voyage. The advocate selected was Father Antonio. When the letters from the authorities of San Domingo had reached the king, his majesty had sent for the head of their order in Spain, and had complained to him of the scandal occasioned in the colony by this preaching. Soon after this the envoys arrived, Father Alonso, the Franciscan, being well received by the authorities, and having free access to the king, whilst the doors of the presence-chamber were closed against the Dominican. Father Antonio, however, watching his time, obtained the desired audience. King Ferdinand was inexpressibly shocked at his statement, and gave orders that the matter should be diligently looked into forthwith. He was true to his word, and summoned a junta to consider the matter. This board was formed partly of the king’s council and partly of theologians.
According to Las Casas the junta came to the decision—“That the Indians were free men; that they ought to be instructed in the Christian faith; that they might be ordered to work, but so that their working should not hinder their conversion, and should be such as they could endure; that they should have cottages and lands of their own, and time to work for themselves; that they should be made to hold communication with the Christians; and that they should receive wages, not paid in money, but in clothes and furniture for their cottages.” Such was the reply of the junta to the king. Meanwhile Father Antonio, being much grieved at not obtaining a sufficient hearing, determined upon the bold course of convincing his opponent the Franciscan. He told him that others were but using him as a tool; that he was perilling the reward of a life of sanctity by doing the devil’s work without being paid even in the devil’s wages, and appealed to his own experience as regarded the inhumanity he had witnessed. Strange to say, the Franciscan was entirely gained over, and put himself under the guidance of his rival.
On receiving the reply from the junta, the king’s ministers requested that body to draw up a set of laws in conformity with the principles which they had affirmed; but this they declined to do. Meanwhile the king’s conscience seems to have become uneasy in the matter, and he was willing that the question should be further considered. He asked an opinion in writing from his two preachers; and as this coincided with that of the junta, it was adopted by the king, and nothing remained but to carry it into execution. A set of laws was accordingly drawn up by certain members of the council, who took as their basis that the system of encomiendas was to be retained. The laws were to the following effect:—“The Indians were first to be brought amongst the Spaniards; all gentle means being used towards the caciques, to persuade them to come willingly. Then, for every fifty Indians four bohios (large huts) should be made by their masters. The bohios were to be thirty feet in length by fifteen in breadth. Three thousand montones (the hillocks which were used to preserve the plants from too much moisture) of yuca, of which they made the cassava bread, two thousand montones of yams, with a certain space for growing pimento, and a certain number of fowls, were to be assigned for the living of these fifty Indians.”
Every Spaniard having an encomienda of Indians, was to construct some sort of chapel in which prayers were to be read morning and evening, and a church was to be erected for the general neighbourhood. It was enacted that the Indians were to work at the mines for five months at a time, when they were to have forty days in which to till their own land, when they were to return to the mines. Certain regulations were made concerning their food, which Las Casas condemns in entirety. The employment of the Indians in the mines was not only encouraged but insisted upon. One peso of gold was to be given to each Indian annually, with which to provide his clothes.
Two visitors were to be appointed for each Spanish settlement; but as these were permitted to have encomiendas, it was scarcely to be expected that their proceedings should be impartial. The caciques were to have not more than six Indians set apart for their service, and the cacique and his attendants were to go to whatsoever Spaniard had the greatest number of the same tribe allotted to him. They were to be employed in light and easy services.
Such is a brief summary of the laws promulgated at Burgos, in December 1512, and which have ever since been called the Laws of Burgos.
When the king had spoken to the provincial of the Dominicans condemning the sermons of Father Antonio, the provincial wrote to the head of the order in Hispaniola, upon which Pedro de Cordova came over to Spain and presented himself at court. When he had read the laws of Burgos and had expressed his dissatisfaction with them, King Ferdinand said to him, “Take upon yourself, then, Father, the charge of remedying them; you will do me a great service therein; and I will order that what you decide upon shall be adopted.” With inexplicable diffidence the vicar replied, “I beseech your highness, do not command me.” And he thus lost the golden opportunity of effecting the reforms to bring about which he had come all the way from Hispaniola.
On receiving this culpable and deplorable reply, King Ferdinand summoned another junta to see if the laws could be ameliorated. Pedro de Cordova assisted, but did not succeed in doing much, although what little was done was in accordance with his views. The additions to the laws were mainly with a view to the cultivation of decorum and of family ties amongst the Indians.