never be repair'd by any advantage they may allow 'em for they take a course to destroy both their Souls and Bodies Therefore seeing the Conversion of the Indians depends principally on your Majesty's Title and Jurisdiction over 'em you ought not to do any thing that may blast the hope of this Design and will infallibly hinder these People from embracing Christianity And it must be remember'd they have freely and willingly chose your Majesty for their Soveraign which is a kind of Contract they have made with your Majesty that cannot be violated without their Consent unless it be to put 'em in a condition more easy advantageous and secure than what they enjoy under your Majesty's Dominion And your Majesty is oblig'd to promise and swear to 'em that you will always preserve their Privileges as they are ordinarily kept in the generality of Kingdoms when a free People submit themselves to the Government of a new King This Practice is almost as antient as the World for ever since Men began to spread themselves upon the face of the Earth it has always been the custom of Princes to promise and swear to 'em to employ all their Power in preserving and defending 'em from Oppression Which evidently proves that your Majesty has not power to give up the Indians to the absolute Dominion of the Spaniards who have had the cruelty to destroy such numerous Nations of 'em without any legal Process or leave to make their Defence For it would be to act contrary to the Law of God and Nature to expose 'em to so many Miseries which are as so many invincible Obstructions to hinder 'em from turning Christians Nor is there any Prince on Earth who can justly pretend to have such a Power for Soveraign Princes have no Authority to do any thing that may provoke the Justice of God who has not set 'em over their People for their ruin and destruction or for the overthrow of the Church but on the contrary has set 'em in the World to defend the Church to bring their People to espouse the true Faith and edify 'em in it Reason and the Law of Nature direct that those who have made an ill use of the Privileges granted to 'em should be depriv'd of ' em Now the Jurisdiction allow'd the Spaniards over the Indians was only on condition they would instruct 'em in Religion and defend 'em from their Enemies and they have not only fallen short of this Engagement but even barbarously abus'd those they were oblig'd to protect 'T is remarkable in the Laws of Spain that if a Master treats any one of his Slaves inhumanly he is oblig'd to sell him because 't is but just that he who tyrannizes over his Subjects should lose his Jurisdiction over 'em which of right devolves on the Prince He that abuses his Title is not worthy to possess it and a Man neither owes Homage nor Obedience to a Tyrant So that your Majesty ought in quality of Soveraign Lord of the People of the New World to defend 'em and do 'em Justice when they are wrong'd and consequently to rescue 'em from the power of the Spaniards that they may enjoy their Liberty 'T is moreover a Custom establish'd by the Laws of Spain That if the King grant any Privilege contrary to the Catholic Faith 't is null and void as much as if it were contrary to the civil Good and Welfare of the Kingdom or to the Rights of any particular Persons And the same account is to be made of any Privilege given contrary to the Law of Nature as for example if a King should take away any private Man's Estate to bestow it on another Therefore your Majesty cannot divest the natural Princes of the Indians of their Dominion over 'em to invest the Spaniards with it who not only are Foreigners to 'em but also treat 'em after a tyrannical manner 'T is therefore necessary for your Majesty to revoke so unjust a Privilege destructive to the People and directly opposit to the Catholic Faith as well as to your Majesty's Service the advantage of your Kingdom in general the good of many Members of the Commonwealth in particular and which is contrary to Reason and the Law of Nature 'T is farther constituted by the Customs of Spain in conformity to the Imperial Laws of your Majesty as well as those of the Church that when a Privilege in process of time proves injurious and occasions more hurt than good it ought to be immediately abolish'd without so much as consulting the Prince that granted it because from that very moment wherein this Privilege began to be detrimental it ought to be suppos'd the Prince design'd to revoke it so that it can have no more force or authority because not according to the Prince's Intention who always ought to have Equity and the Divine Will in view Now since the Privilege granted the Spaniards to subject the Indians as Vassals is become so pernicious and occasions an irreparable damage to the Christian Religion and to the Crown of Spain and has bin the cause of the ruin of such vast numbers of People and of the desolation of some of the finest Countries in the World and seeing in all appearance it is the very reason of those Calamities with which God is now afflicting Spain 't is necessary to apply a speedy Remedy and to go to the root of the Disease in revoking so pernicious and tyrannical a Grant Besides the Dominion of the Spaniards over the Indians has never bin judicially approv'd by the Kings of Spain He that first shar'd these poor People among 'em as if they had been so many Sheep had no order to make this distribution which absolutely desolated and unpeopled New Spain but exceeded the limits of his Power so that no just Consequence can be drawn from what he did It was the great General d'Alcantara who began this irregular course in America In the year 1502 the most serene King Ferdinando and Queen Isabella sent General De-Larés from Grenada to govern the new Conquests At which time there were but three hundred Christians in the Island of Hispaniola This Governor was expresly charg'd to treat the Indians as free Nations to be very kind tender and charitable toward 'em to do 'em exact Justice on all occasions and not to impose too severe a Yoke on 'em or to inslave 'em in a word to protect 'em from all Injuries lest any Violence should prove a Stumbling-block to divert 'em from entertaining the Christian Faith and inspire 'em with an aversion to the Professors of it General De-Larés carried with him three thousand Spaniards who landed at St. Domingo where they soon found themselves reduc'd to great straits for want of Food However the strict Orders he had receiv'd would not permit him to do any Violence to the Indians or to infringe their Liberty in the least upon which he writes many things to the Queen against the Indians hoping to
and embrace his Word that they may be sav'd And I cannot choose but extremely pity Spain my native Country because I am greatly afraid God will utterly destroy it for the enormous Crimes committed by the Spaniards who go into the Indies both against God against the King and against their Neighbours I don't doubt but divers illustrious Persons of this Court who are truly zealous for the Salvation of Souls are very sensibly touch'd with the Calamities and Miseries those multitudes of poor Creatures suffer in the New World who are abandon'd to the fury of the Spanish Souldiers I resolv'd long ago to draw up an exact relation of these matters but have been still hinder'd by the continual urgency of those affairs in which I have been engag'd till now However I have at length accomplish'd this design at Valence the 8 th of December Anno 1542. This Treatise gives a short account of the Violence Tyranny Persecutions Robberies Massacres and Devastations committed by the Spaniards in all the parts of America where they have dispers'd themselves These Calamities and Disorders are advanc'd to a degree that surpasses all belief and is the more surprizing in that the Spaniards are much less furious and cruel every where else Indeed the People of Mexico and of the places adjacent are now treated much better than others insomuch that no body there dares offer violence to any Indian openly 'T is true they exact immense Sums of 'em but the forms of Justice are at least so observ'd that the People are protected from the Insults and Affronts of such as have more power than themselves I have great hope our Illustrious Lord Charles the Fifth Emperor and King of Spain who begins to take cognizance of the Tyranny and ill behaviour of the Spaniards toward the Indians will undertake the protection of these miserable People who are persecuted against his will as well as against the will of God All the miseries that have bin inflicted on these newly discover'd Nations have bin hitherto conceal'd from our Prince with no less subtilty and address than malice Yet now 't is not to be doubted but this wise Emperor into whose hands God has cast the Government of those vast Regions and who bears so sincere an affection to Justice will give effectual Orders to put a stop to these Persecutions May God preserve this Illustrious Emperor in all the Glory and Prosperity that attends him for the Salvation of his Soul and the Preservation of the Church Amen A year after the writing of all of these matters above recited there were published in the City of Madera certain Laws and Constitutions made by his Majesty at Barcelona in the month of December in the year 1542. which were calculated according to the urgent necessity of Affairs to rectify the Disorders that were then commited with so much Insolence both against God and Man to the utter destruction and desolation of the New World For the constituting of these wise Laws his Majesty assembled a great many Persons illustrious both for their Quality and Learning and moreover endued with great Piety who deliberated on these important Affairs in divers Sessions at Valladolid At length by the unanimous Consent of the whole Assembly divers Propositions were ratified and publish'd and which appear the more conformable to the Rules of Christianity in as much as the Persons who compos'd this famous Assembly had never been any way concern'd in the Outrages offer'd the Indians they were such as had neither wash'd their hands in their Blood nor reap'd any advantage by the immense Treasures that had been taken from 'em with so much Violence after the murder of incredible numbers of innocent People For the Avarice and Cruelty of those Spaniards who first set foot in America have been the fatal Causes of all the Miseries that new World has undergon After the publication of these new Orders for regulating the Affairs of the Indies the Protectors of those cruel Tyrants who had still some Credit at Court procur'd several Precepts to constitute Officers to send into divers Provinces of the Indies for they were much concern'd to see the course of their Violence likely to be stop'd and their wonted Robberies and Extortions obstructed And thus they to whom the care of suppressing these Disorders and preventing the farther Insults of these Tyrants was committed made no conscience of violating that Equity and Fidelity they ow'd both to God and their Prince for they knew very well what effect the Edicts that were made must needs have and therefore alarm'd the People before the arrival of the Judges who were sent to the Indies to publish the Laws of their Prince and to put 'em in execution so that as soon as these Judges came into America they appear'd to be of the same stamp with those that sent 'em and neither regarded God nor Man they immediately forgot the King's Orders and laid aside the Reverence due to so great a Prince and being willing to take part with those Tyrants that they might have a share of the Booty behav'd themselves with a Cruelty beyond imagination and justified those Villanies which they were sent to punish So that since the year 1542 such Rapine and Violence has been committed in Peru that the like has not been heard of either in the Indies or any other part of the World Nor do they exercise their Cruelty only on the Indians whom they have almost exterminated but are suffer'd by the just Judgment of God to turn their Arms one against another with great fury to their mutual destruction Some of the People of this new World under the protection of these Rebels were encourag'd to refuse Obedience to the Emperor's Orders others pretending they were desirous to address Petitions to his Imperial Majesty have suffer'd themselves to be carried down the stream with the rest and have revolted too For the Spaniards are not easily perswaded to surrender those Treasures they have unjustly usurped or to release those Indians whom they have inslav'd If they don't so often massacre 'em they increase the weight of their Irons and impose Laws on 'em more and more unjust and rigorous And the King with all his Authority has not yet been able to stop the course of these Mischiefs because they are generally link'd together in a Confederacy both small and great and all use the licentious trade of robbing and spoiling more or less according to their power some more publickly and others after a clandestine manner But that which yet further discovers the Boldness and Insolence of these Hypocrites is that they still make pretences that they consult nothing but the King's Interest and the Glory of God in all they do while 't is most apparent they are continually robbing the King and that with impunity and are always dishonouring God and Religion by their criminal and scandalous Practices That which next follows is a Fragment of a Letter of a certain Person who accompanied the
toward those that either are or have been Believers II Proposition St. Peter and his Successors contracted an indispensible Obligation founded on the Divine Precept to procure the publication of the Gospel and the propagation of the Christian Faith in the whole World that all Infidels may be brought to the knowledg of the true God when there is any hope that they will not oppose the promulgation of the Faith and the Doctrin of the Gospel III Proposition The Pope by the Authority of his Apostolic Ministry may and ought to send capable Ministers from all the States of Christendom to preach the Doctrine of Jesus Christ through the Universe Nay he may oblige 'em by virtue of his power to accept this Mission and Employ and they on the other hand are oblig'd to undertake it in obedience to the Pope as to Jesus Christ IV Proposition Among all the Instruments that can be chosen for the publication of the Catholic Faith and the Conversion of Infidels Christian Princes are capable of contributing most to the carrying on of this Work because their Authority their Forces and temporal Riches are a great help to preserve and defend Ecclesiastical Ministers that may be sent and to furnish 'em with proper means to attain the end propos'd V Proposition The Pope by the Authority which Jesus Christ has given him upon Earth ought to exhort Christian Princes to contribute all their Assistance to remove the Obstructions that impede the publication of the Christian Faith to employ their Mony in advancing this Work and to send such of their Subjects as are capable of instructing Infidels The Pope may moreover in some sort oblige all Christians in general according to their ability to bear the necessary Charges of those Missionaries in so pious a Work as occasion may require VI Proposition No Christian Kings or Princes ought to engage in this Work without the participation of the Holy See and of the Vicar of J. Christ And if any Prince should think himself oblig'd for the advantage of his Kingdom to send Evangelic Ministers to instruct the Infidels he ought to consult the Pope about it who will use such means as he thinks most proper to advance this design VII Proposition To avoid confusion the Vicar of Christ may distribute the Kingdoms and Provinces of the Infidels of what Sect soever they be among the Princes of Christendom and may exhort 'em to be zealous for the propagation of the Faith and vigorously to apply themselves to the work of enlarging the Universal Church by the Conversion and Salvation of Souls as the only end they ought to have in view VIII Proposition In making this division the Pope ought not to regard the increase of the Honors Titles Riches and Territories of Princes but only to have respect to the Conversion of the Infidels since this alone is the Intention of Christ in the trust he reposes in 'em to take care of the Instruction of Souls which is a difficult and careful Charge and of which they will be one day oblig'd to render an account before the strict Tribunal of God For this Employ respects the advantages of Infidels more than the particular Interest of Christian Princes IX Proposition Christian Princes ought to have no consideration for any thing but the Service of God and the Advancement of the universal Church when they apply their endeavors to propagate the Faith of Christ In this affair they ought to have no temporal Advantage in their eye but to look upon all earthly things as transitory and of small consequence Yet it would not be just if they can do any thing for the advantage of their Dominions while they are procuring the Augmentation of the Kingdom of Christ to oblige 'em to neglect so favourable an occasion provided it be done without any considerable prejudice to the Infidels or to the Princes that govern ' em X Proposition Those Infidels that live in Countries remote from Europe and have never heard of Jesus Christ or the Christian Religion have their own lawful Kings and Princes who are the natural Rulers of the particular Countries they govern and have right to make Laws and to establish all things necessary for the good Government of their respective Dominions so that they can't be expell'd out of 'em or depriv'd of what they possess without doing violence to the Law of God as well as to the Law of Nations XI Proposition That Opinion which contradicts the Principle just now laid down is erroneous and pernicious and if any Persons set themselves obstinately to defend it they 'l become guilty of Heresie For it opens a door to all Impieties and Villanies to Robbery and Cruelty in a word to many irreparable Mischiefs and hainous Sins which dishonor the name of Christ hinder the progress of the Catholic Faith and bring the greatest Miseries on Mankind in this life together with the inevitable destruction of multitudes of Souls ransom'd by the Blood of Christ So that this would be the way to stifle all the Sentiments of Piety Humility and Evangelic Meekness nay of all Christian Virtues in general to introduce Violence Treachery Revenge and other vices that are most contrary to the Maxims of the Gospel in their stead XII Proposition Infidel Princes ought not to be depriv'd of their States for their Idolatry nor any other of those great Sins they commit nor may their Subjects be depriv'd of their Estates or Honors for the like Crimes XIII Proposition Idolaters ought not to be punish'd for their Idolatry or other Sins how enormous and great soever during the time of their Infidelity before they have voluntarily receiv'd Baptism There being no Tribunal or Judg in the world that has a right to molest 'em on that account unless they directly oppose the publication of the Gospel and after they have been admonish'd and warn'd of it obstinatly persist to obstruct it out of mere malice XIV Proposition Pope Alexander VI. under whose Popedom the West-Indies were discover'd was indispensibly oblig'd by the Divine Law to chuse a Christian Prince to whom he might commit the care of making provision for the preaching of the Gospel in this new World for the advancement of the Universal Church the Catholic Faith the Worship of God the Conversion and Salvation of the Inhabitants of America and for all things necessary to attain this end XV Proposition King Ferdinando and Isabella his Queen had some special Advantages preferable to those of all other Catholic Princes to induce the Pope to chuse them rather than any other Potentates of Europe to confer on 'em the Trust of publishing the Catholic Faith in the Indies and without any other reason by the Authority which God has given him to invest 'em with this Dignity and constitute 'em the Ministers of the Apostles in the Indies Among other Privileges peculiar to them this is the principal that they have taken a world of pains to rescue those Kingdoms which they
inherited from their Ancestors out of the hands of Infidels and Mahometans who are declar'd Enemies of the Catholic Faith For this they expos'd their Royal Persons to imminent danger when they attempted to enter again into the Kingdom of Grenada to which they had a lawful Title and which they at length reduc'd under the Yoke of Christ and the Catholic Church Another Reason to their advantage is that they sent the famous Christopher Columbus to America at their own charge and honor'd him with the Title of Chief Admiral of the West-Indies when he had discover'd those rich and vast Countries XVI Proposition The Pope might well chuse them as the most proper Persons to establish Christianity in the new World just as he made choice of the Emperor for his Son to be the Defender of the Catholic Faith But if this Choice should in the issue become prejudicial to the establishment of the Faith 't is not to be doubted that the Pope might revoke it by the Authority he has receiv'd from God And for the same reason he might forbid all other Christian Princes to send Missionaries into the Indies without the consent of the holy See on pain of Excommunication And whoever should act contrary to this Prohibition would grievously offend God XVII Proposition The Kings of Castille and Leon are the lawful Soveraigns of many Princes and Kings of the new World therefore this universal Jurisdiction over the Indies of which we have been speaking belongs to them XVIII Proposition The Soveraign Empire which the Kings of Spain have over the Indies obliges the natural Kings of those subjected Nations to submit to the Jurisdiction of the King of Spain XIX Proposition All the natural Kings and Princes all the Nations Cities and Communities of the Indies over whom the Kings of Spain have acquir'd a lawful Right ought to acknowledg them for their rightful Soveraigns in the manner we have said since they have freely and voluntarily receiv'd the Catholic Faith and Baptism But before they receiv'd it or submitted to Christianity and before the Kings of Spain had acquir'd any right over 'em they depended on no Tribunal nor Jurisdiction of any Judg in the World XX Proposition The Kings of Spain are oblig'd by the Law of God to chuse out and send into the Indies such Ministers as are capable of preaching the Gospel and the Catholic Faith to exhort all the People of the new World to embrace the Doctrine of Christ and to seek all just and necessary means to accomplish this Work XXI Proposition The Kings of Spain have the same Power and Jurisdiction over these Infidels before their Conversion as the Pope has in quality of Christ's Vicar because the charge and care of spreading the Light of the Gospel amongst these Idolaters and of doing all that 's possible for their Conversion is committed to them XXII Proposition The manner of establishing the Christian Faith in the Indies ought to be conformable to that which our Saviour used to introduce his Religion into the World that is it ought to be a mild peaceable and charitable method Humility and the good Examples of a holy and regular way of living are to be imploy'd to gain upon all Infidels especially the Indians who are naturally of a sweet and easy Temper and ready to submit to the Yoke of Christ They ought moreover to be engag'd by Presents and we should with alacrity give 'em a share of what we have without regarding their Riches By this means they would be easily perswaded that the God whom the Christians worship is good just and gracious they would more readily give ear to his Word and would make no difficulty to forsake the Worship of their false Gods XXIII Proposition To go about to subdue the Indians by force of Arms is a course utterly against the Law of God who is full of Kindness Grace and Love 'T is to follow the method which Mahomet and the Romans before him us'd to spoil and conquer the World and the Turks and Moors to this day take the same course but 't is unjust tyrannical infamous and unworthy of Christians It would be the occasion of many blasphemous Reflections on the Name of Christ and the Christian Religion as we have been taught by sad Experience since the Spaniards have exercis'd so many Cruelties on the Indians for they believe that the God we worship is the most unjust unmerciful and cruel of all Gods Therefore the way of Violence and Severity would be an invincible Obstacle to the Conversion of the Indians XXIV Proposition 'T is to be expected that Infidels will alway oppose such as attempt to invade their Country in order to take possession of it by the Title of Conquest so that to go about to subdue 'em as the proper way to convert 'em is to lose time and ruin so holy an Enterprize XXV Proposition From the time when Christopher Columbus discover'd the Indies the Kings of Spain have always expresly forbidden their Subjects to make War upon the Indians so that the Spaniards can shew no Authority or Permission that was ever given 'em by the King of Spain to commit any Act of Hostility in the new World or if they can shew any such Commissions they are forged or have bin surreptitiously obtain'd by false Informations invented to obtain a power of taking away the Riches of the Indians or of making them Slaves with impunity On the contrary the Kings of Spain have often on this account renew'd their Orders to obviate the Cruelties and Outrages that were committed on the Indians XXVI Proposition Seeing the Spaniards have not been supported either by the Authority of their Prince or any lawful reason to make War against the Indians who liv'd peaceably in their own Country and had done the Spaniards no wrong All such Conquests that have been or may hereafter be made in the Indies are to be accounted unjust tyrannical and null being condemned by all the Laws of God and Men. For the proof of this Proposition one need only produce the Proceedings against these Tyrants which are yet to be seen in the Archives of the Royal Council or those Prosecutions that might still be made against 'em every moment For both Heaven and Earth cry aloud against the Violence they have offer'd the poor Americans XXVII Proposition The Kings of Spain are by the Law of God oblig'd to establish so good a Government in the Indies by causing those Indian Laws and Customs that are good to be observ'd and by abolishing the bad which are less numerous than the other that nothing contrary to good Manners and the Rules of civil Policy may be tolerated And the most likely way to succeed in such a design is to publish the Gospel among those People by which means both the King's Interest and that of the Indians will be provided for effectually XXVIII Proposition The Devil could never have invented any thing more pernicious for the extirpation
of the People of this New World and the desolation of so many great and populous Kingdoms in a little time than the distribution the Spaniards have made of these Nations among themselves taking possession of the Inhabitants as their own Property and then treating 'em as ravenous Wolves do a flock of Sheep For this is the most barbarous kind of Tyranny that can be imagin'd because it hinders all those Nations from embracing the Christian Religion For the Spaniards employ 'em night and day in the Mines and all other kinds of Labor sometimes obliging 'em to carry heavy Burdens forty or fifty Leagues so that their condition is worse than that of Beasts Besides they persecute those Indians with fresh Cruelty who apply themselves to the Monks to be instructed in the Gospel because they are afraid if these Religious Men should be encourag'd to come among the Indians they would be witnesses of their Robberies and Cruelties XXIX Proposition The distribution which the Spaniards make of these People among themselves as if they were so many head of Cattel was never commanded nor allow'd by the Kings of Spain since the Spaniards enter'd the Indies They never thought of authorizing so injust and tyrannical a kind of Government and which so much tends to the destruction of the People of the new World Queen Isabella of immortal memory under whose Reign the Indies were discover'd gave express Orders to Christopher Columbus who was the first Governor and chief Admiral of the Indies and to Francis Bobadilla who succeeded him and also to General De Larés who came after both the former to preserve Peace and Liberty among the Indians and to do 'em Justice in every thing Admiral Columbus gave only three hundred Indians to such of the Spaniards as had done great Service to the Crown and for his own part contented himself with having only one Indian to serve him The Court of Spain was then at Grenada where the Queen issued out an Order that these three hundred Indians should be releas'd and sent home only she permitted Columbus to keep one Indian whom he had taken for his Service What then would this great Queen now say to see how the Spaniards have inslav'd the People of America The continual Avocations the King has had and the frequent Journys he has been oblig'd to make into Italy having not permitted him to inform himself exactly of the Miserie 's those People endure from the hands of the Spaniards XXX Proposition From all that has been said it may well be concluded that if the soveraign Jurisdiction of the Indies belongs only to the Kings of Spain the Conquests that private Men appropriate to themselves are injust and tyrannical that the shares they have made among themselves are founded upon no lawful right and that those who usurp the Lands of the new World without the Consent and Authority of their Prince are absolute Tyrants in acting as they do directly contrary to his Orders and the Regulations of the Royal Council which is a matter so public and notorious that there 's no Spaniard in the Indies can justly excuse himself by pretending ignorance A Dispute between Don Bartholomew de Las-Casas Bishop of Chiapa and Dr. Sepulueda DR Sepulueda at the instigation of some Spaniards who had committed great Ravages in the Indies wrote a very elegant Book in Latin in the form of Dialogues which contain'd principally two Conclusions namely that the Wars of the Spaniards in the Indies were very just and that they might lawfully subjugate the People of this new World and that the Indians were oblig'd to submit to the Spaniards and acquiesce in their Government because these are more wise and prudent than the others And in case they refuse to submit this Doctor asserts that they may be constrain'd to it by force of Arms. These are the two Points that have occasion'd the ruin of incredible numbers of Indians so that the Country is almost entirely unpeopled for the space of two thousand Leagues where the Spaniards have left the marks of their boundless Cruelty This Doctor to give some color and shew of Truth to his Reasons declar'd that he had no other design in writing than that of justifying the King of Spain's Title to the Indies He presented his Book to the Royal Council and was very importunate to obtain leave to print it which was several times refus'd after which he applied himself to some of his Friends who were in the Emperor's Court to patronize this Work The Bishop of Chiapa being well inform'd of the steps this Doctor made with all his might oppos'd the Impression of his Book plainly demonstrating what ill Consequences the publication of it might produce The Members of the King's Council perceiving this matter was purely Theological resolv'd to dismiss it to the Universities of Salamanca and Alcala desiring them to make a thorow Examination of this Treatise to see if it contain'd any thing that might justly obstruct the printing of it These two Universities after they had accuratly examin'd it declar'd that it was not fit to be printed as containing unsound Doctrine The Doctor now despairing of seeing his Book obtain in Spain sent it to Rome earnestly recommending it to the Bishop of Segovia who was one of his particular Friends When it was printed it was prohibited by the Emperor 's express Order who caus'd the Copies to be seiz'd forbidding any of 'em to be sold in Spain but because it was impossible to prevent divers Copies in the vulgar Language from being spread among the People the Bishop of Chiapa thought himself oblig'd to refute this Book in defence of the Indians and to let all the world know how scandalous Doctrine it contain'd being accommodated to open a door to all manner of Disorders Dr. Sepulueda was cited to give an account of his thoughts on this Subject by word of mouth and the Bishop of Chiapa was engag'd to answer him The Dispute lasted five whole days after which Dominic de Soto a great Divine and Confessor to his Majesty was desir'd to give a summary account of this Dispute which he did before the Assembly in these terms Most Illustrious most Magnificent and most Reverend Lords and Fathers YOU have bin pleas'd to order me to give a succinct and summary account of the Dispute maintain'd between the famous Dr. Sepulueda and the Bishop of Chiapa without adding any thing of my own or troubling my self to seek other Reasons to support the Sentiments of either of ' em The Point about which you desire to be inform'd is in general what method ought to be us'd for the publication of the Catholic Faith in the new World which has bin lately discover'd by the permission of God and how the Emperor may subject those Nations to his Government without offending his Conscience in conforming himself entirely to the Bull of Pope Alexander 'T is first necessary to enquire whether the Emperor may justly make War with
wild Beasts and would be a great piece of service to the World to reduce 'em to any tolerable Disciplin But as for the Indians that tho they have some extravagant Customs but not any good Policy yet they ought not to be look'd upon as properly Barbarians seeing they are of a quite contrary disposition being meek civil and tractable in their Manners that they are a numerous People who have Cities and Laws and understand divers Arts that they have Princes over 'em and live under a kind of regulated Government that they not only punish Sins against Nature but have Laws that award capital Punishments for some Crimes of lesser consequence That their Policy has its particular Rules that upon all these Accounts their pretended Barbarity is not a sufficient Reason for any to declare War against 'em but would be a piece of visible Tyranny and Injustice and that this Course would be so far from promoting the Gospel that 't would be the very way to cut off all hope of establishing Christianity among them That therefore the best expedient would be to send Preachers into the Indies to endeavour to convince some of the principal Indians of the truth of our Religion and to make Treaties of Peace with 'em to favour the entrance of the Europeans into the Indies by such a gentle and peaceable Method as this that if any danger should arise after this we might build some Forts upon the Frontiers and so treat with 'em with the greater Security and make 'em gradually relish our Religion by setting 'em good Examples The Royal Council for the Indies having heard this Dispute between the Bishop of Chiapa and Dr. Sepulueda concerning the manner in which the Indians ought to be treated order'd the Bishop to draw up his Thoughts of this matter in Writing whereby they should be the better able to determin this question Whether they might lawfully inslave the Indians or were oblig'd to set at liberty all they had hitherto reduc'd to slavery In answer to their desire the Bishop farther explain'd his Sentiments after the following manner All the Indians taken in the Indies since the discovery of the New World to this day have bin unjustly inslav'd and the Spaniards who retain 'em in bondage against their wills can't do it with a good Conscience because they had no right to declare War against 'em for it follows by consequence they could not lawfully deprive 'em of their Liberty nor were they ever authoriz'd by their Prince to make War upon ' em Now there are but two Motives that can render any War just namely some righteous Cause or the Authority of one's Prince And what just motive then could the Spaniards have to declare War against the Indians who never did 'em any wrong nor ever gave 'em any disturbance They were people they had never seen they had never made any descent into any Country that belong'd to the Spaniards to spoil and ravage it they had never profess'd Christianity as the Moors of Africa had done who were Christian in the time of St. Augustin or as the Kingdom of Grenada the Empire of Constantinople and the Kingdom of Jerusalem did formerly Nor can we justly reproach the Indians as declar'd enemies to our Religion or that they ever attempted to destroy it by open Persecutions or secret Perswasions by Presents or any other manner whatsoever that can be used to engage Christians to renounce their Faith and turn Idolaters For neither the Law of God nor that of Nations ever permitted War to be made against any People merely to establish Christianity among ' em Unless any one will pretend that the Gospel of Christ which abounds with Charity Meekness and Humanity ought to be introduc'd into the World by Force like the Religion of Mahomet The Spaniards can't say that they had no other end than that of protecting the Innocent seeing they have made it their whole business to rob pillage and murder the poor Indians taking upon 'em to usurp their Goods and Lands Besides if the War they undertook had bin in defence of those poor Wretches the Indians unjustly put to death for Sacrifices it would not have bin carried so generally thro' the Indies but would have bin a sort of Civil War kept up only in some particular Places Nor would the Spaniards have had right even in such Places to have made Slaves of those whom they took in such a War They can't so much as pretend that ever they had a Command or Order to this day from their Prince to declare War against the Indians 'T is easy to evidence such a Fact as this for the Governors and Generals have nothing to do but to show their Commissions if they have any There 's not one of 'em who has any fear of God or respect for his Prince that will pretend to shew any such Commission except the Vice-Roy Don Antonio and Don Sebastian Ramire Bishop of Cuenza all the rest that have made War on the Indians are Thieves and Robbers Murderers and declar'd Enemies of Mankind Seeing then the Spaniards have had no lawful reason to support their Declarations of War against the People of America nor have bin authoriz'd in such Proceedings by their Prince it evidently follows that the War they have made is injust and contrary to the Laws of God and Men and consequently that the Indians ought not to have bin treated as Slaves All the ways the Spaniards have us'd to compass this end of inslaving these People have bin monstrously wicked made up of nothing but Fraud and Treachery unlawful Tricks and Artifices and such unheard of Villanies as can't but fill the Minds of all that hear 'em with astonishment and horror Some to insnare the poor Indians that liv'd among 'em have constrain'd 'em to own themselves their Slaves in Courts of Justice after which extorted Confession the Governors have order'd the King's Arms to be fix'd upon their Skin with a hot Iron tho they were not ignorant what an unlawful Course had been taken to abuse the poor Creatures Others hir'd the Indians with a little Wine or a Shirt or by giving 'em some other trifle of small value to bring 'em fatherless and motherless Children whom they put on Shipboard and transported into other Countries where they were sold for Slaves especially into New-Spain the Islands of St. John and Cuba or other neighbouring Islands But at first the Spaniards us'd open Violence attacking the Indians that liv'd peaceably in their Houses setting their Towns on fire massacring some and after the exercise of all this Cruelty carrying away those they could take alive to sell 'em for Slaves They us'd without any formal process to brand 'em with the King's Arms which was enough to make 'em pass for Slaves and accordingly they were sold from one hand to another till they were transported into the Islands These were all the forms of Justice the Spaniards observ'd in carrying away the Indians from
more evidently two things must be suppos'd First that there were no Slaves in New Spain on the Borders of which there dwelt divers Nations especially the Mexicans that are more dexterous and politic than other Indians This every one knows who is acquainted with the new World Secondly That the term Slave does not signify the same thing among the Indians as among the Europeans but only denotes a Servant with the former or one that has some particular obligation to assist us in our necessary Affairs so that to be the Slave of an Indian is to be but one degree below his Son 't is to dwell in his House to take care of his Goods and Silver to wait on his Wife and Children which is consistent with the enjoyment of his Liberty He sets the House in order sows the Land and does any necessary work as occasion requires And his Master on his part treats him with a great deal of Kindness and Humanity as if he were not oblig'd to render him this Service Those Missionaries that have learn'd the Indian Language and know the import of their words can testify the truth of what I say It is farther to be suppos'd that in New Spain and Mexico many unlawful ways have bin us'd by the Spaniards to inslave the Indians in so much that one would have thought they knew nothing of the true God nor had ever heard of the Precepts of the Gospel When there was a Famin there which seldom happens in those rich and fertil Countries those Indians that had a stock of Corn perswaded them that were poor to sell 'em their Children for some of their Corn with this proposal they comply'd very willingly because their Servitude is so easy their Slaves not being oblig'd to any very hard Labor And the Indians are naturally obsequious and submissive to those on whom they depend they would give one of their Children for five Bushels of Corn and this was the ordinary Price they gave 'T is true this was an unjust method of making Slaves because all things ought to be common in a time of extreme Necessity for the Law of Nature obliges us freely to give or lend to those that are under pressing want Another occasion on which the Spaniards made the Indians their Slaves was this when any one had found an Indian with some Ears of Corn which he had stolen he had Authority to make him his Slave The Missionaries have observ'd that some of 'em would maliciously scatter Ears of Corn in the High-ways that they might seize those for Slaves that had innocently gather'd 'em up Besides this the Parents and Relations of him that had the Corn found upon him were made Slaves for this imaginary Theft which is a very unjust and criminal Artifice They likewise had invented a sort of Play among 'em in which he that lost was made a Slave the best Players would make as if they knew not how to play to insnare those that were ignorant into their Service If any one whom they had thus caught presum'd to run away his nearest Relations were forc'd to supply his place When a Free-man had lain with a Woman that was a Slave her Master had power to seize him or his Wife if he were married and to oblige him to serve him till she was brought to bed Which Custom obtain'd throughout the whole Country He that had a young Maid to his Slave would inslave any one that lay with her which was attended with great Inconveniences for the Masters of these young She-slaves would put 'em upon enticing Men to lie with 'em on purpose to catch 'em in this Trap. If a Slave took any thing out of his Master's House to give it to his Relations they all immediately became his Master's Slaves When several Merchants went into other Countries for Slaves to sell in New Spain where they had the best trade for 'em they lent those that were poor their Goods and Corn upon Usury and when they were not in a condition to pay for what they had bought they seiz'd 'em for Slaves If he that ow'd the Sum died before the Debt was discharg'd and his Wife and Children were not capable of paying the Creditor they became his Slaves In time of Famin Parents would sell one of their Children to serve a Master for a certain number of years but indeed there was no end of this Servitude for if the Master dy'd his Relations would take possession of his Slave But the Bishop of Mexico who is a very pious and virtuous Prelat has written an account in Latin of all the Tricks the Spaniards have us'd to inslave the Indians by which 't is easy to see with how much Injustice they have abus'd the Simplicity and Necessity of these poor wretches to reduce 'em to a miserable state of Bondage From what I have been relating it appears that the Indians being Idolaters and destitute of the knowledg of the true God and the Rules of Christianity don't regulate their Actions by such Motives as the fear of Hell and the desire of Heaven and the hope of having their good Works rewarded hereafter Therefore they are vicious and corrupt in many respects for instance they don't observe the Law of Nations in the Wars they make one upon another by which one may well guess there are many other injust things done among ' em But the Faith of Christ and the Precepts of the Gospel are for preserving only good Laws and Customs and for abolishing those that are bad especially such as are opposite to the Law of Nature and prejudicial to Human Society Therefore those Indians that are converted who have bin guilty of Polygamy are oblig'd to put away all their Wives but one according to the prescription of the Law of God as well as to restore all the Goods they have gotten by unlawful ways of Robbery or Extortion If Christians follow the evil Customs of Infidels or tolerate 'em when they can hinder 'em they manifestly render themselves Accomplices in the Crimes of those Idolaters because we are oblig'd by the Divine Law to abstain from such Actions as may occasion Scandal or any way injure the temporal or spiritual Welfare of our Neighbor For this reason St. Paul commanded Christians not to eat things offer'd to Idols lest it should be thought they approv'd of those damnable Sacrifices tho they might eat of those very meats provided the Pagans did not see 'em and so were not scandaliz'd by the Action All Christians are oblig'd by the Divine Word to do what in 'em lies for the Abolition of sinful Customs or at least to abstain from 'em and disapprove 'em themselves And when a man doubts whether any Action he is about to do is just or injust he can't do it with a good Conscience this is a general Rule that admits of no exception because Christians are oblig'd by the Doctrin of the Gospel rather to lose all they have than to commit the least