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The fall of Constantinople (1453) to the power of Islam and the fall of Granada (1492) to the power of Christendom are two facts which without doubt are related. The first event was a resounding and decisive victory for eastern Islam. For the first time, there was permanently established on European soil a Muslim state upon the ruins of the former powerful empire of Byzantium. The second event, the fall of Granada, constituted, on the other hand, the final victory of the cross over western Islam. After seven centuries on Andalusian soil, the [followers of ] the crescent, decisively defeated, again crossed the narrow passage of the sea which at the beginning of the eighth century the triumphant Arabo-Berber army had passed. Thus the erroneously called reconquest came to an end. And Spain, overflowing with military enthusiasm and apostolic passion, launched out across the unknown and niysterious seas to conquer a new world for the faith of Christ. Another event of decisive importance to the history of humanity, the discovery of America, is thus associated, as if by prolongation, with the struggle which King Don Pelayo had started in the high Asturian mountains. But this interlacing of American history with that of mediaeval Europe is not purely a matter of fact. A closer analysis reveals new involvements. The attitude of the Spanish colonizer confronting the primitive and savage life of America brings to mind memories of the Reconquest. It may be said unequivocally that the image of al-Andaliis engraved on the retinacof the reconquistador once again appeared in the eyes of the conquistador of the New World. The men of Cortks and Pizarro, some of whom had taken a direct part in the struggle against the Muslims either in Africa or Spain, called the Indian temples nzezquitas. 1 The battle cry “Santiago,” which in the Christian-Muslim wars in Andalusia was the war cry against the Moors, continued to exercise its mysterious power whether in the torrid regions of the Antilles or in the placid regions of the South American mountains. The Spaniard in the lands opened up by Columbus called the natives “infidels.” A chronicler like Jerez pointed out that the Inca army, in its formation and good order, recalled that of the Turks. In brief, when the Spanish colonizer wished to describe the
* In response to the request of the editor, Professor Rafael Guevara Bazan, President of the Instituto Peruano de Alto Estudios Isl&nicos, Lima, Peru, kindly prepared this article for publication. We are indebted to Professor-emeritus Irven Paul of the Hartford Seminary Foundation and Professor Willie Ballard of Southwestern College, Winfield, Kansas, for their collaboration in rendering it from Spanish to English [E.H.D.]. 1 From Arabic masjid, mosque.
THE MUSLIM WORLD
customs, rustic or Eden-like, of the newly discovered peoples, he usually brought to mind the Moors. G6mara (1510-1560) describes the singing and dancing of the West Indians as similar to a Moorish festival. It is worthy of note, not merely as a fact arousing curiosity, but as one which is conclusive as a demonstration of these involvements, that the Inca Garcilaso de la Vega (1539-1616), in his Comentarios Reales (Part 2, book 2, chapter 23), 2 points out that to help the Spanish emperor in his campaign against Tunis, 3 the Spaniards of CUZCO gave permission to Manco Inca to look for gold in the Valley of Yucay, which act marked the beginning of the bloody Indian uprising of 1536. All these relationships which we are discovering between Islam, mediaeval Europe and the colonization of the New World lead us to formulate comments for consideration. The first, and perhaps the only one we can interject in this study, is the following: If the seizure of Algeria by the Ottoman Turks (between 1512 and 1529) had taken place forty years earlier, or about 1480, without doubt the whole aspect of the history of America would have been different. In truth, the Spanish enterprise in America would have suffered a reverse because the Catholic kings would have devoted their efforts to the defense of Andalusia, and America would have followed a different course. 4 These ties which unite mediaeval Europe with the first years of American colonization explain, among other things, the Spanish concern to see the newly acquired possessions free of all contact with Islam. In truth, an attack of the Turks on the new colonies would have been a terrible blow to the crown of Austria. These apprehensions on the part of Spain did not cease until the sixteenth century had well begun. Indeed, about 1559, it was feared that Turkish galleys, together with French ships, would attack some Caribbean port. 5 Thus the strengthening of the Muslim power in the East was observed with justified fears. The Sevillian chronicler Francisco L6pez de GClmara, speaking with horror of the strength of the Ottoman Empire, wrote that “it was dominating the greater part of Asia, Africa and Europe.” 6
Spanish edition 1608 or 1609; English translation, Buenos Aires, 1943. Charles I, who became Emperor Charles V and reigned from 1516 to 1556, conquered Tunis on the North African coast in 1535. See Don Martin F Navarrete et als. Coleccibn de documefgtos in6dito.q para la kistork dc EspaEa (Madrid, 1842; Kraus reprint, Vaduz, I&), Vol. I, pp. 159-207. 4 See especially C. Sanchez Albornoz, La Edad Media y la empresa de Ame‘rica (La Plata, 1g33), a book which has the undisputed merit of having initiated mediaeval studies in their relation to the New World. Cf. J. Durind, La transformacidn social del conquistador (Lima, 2nd ed., 1958), ch. 3, p. 53. 6 J. A. Del Busto D., El Conde dc Nieva, Virrcy del Perzi (Pontificia Universidad Catolica del per^, Lima, 1963), ch. 3, p. 120, n. 4. 6 L6pez de Gbrnara, Crdnica dr 10s Burbawojas, in L6pez de Gbmara, Sclcccidn y prdlogo de Dario Ferna’ndez Florcz (Madrid, 1945), Vol. I, p. 41.
MUSLIM IMMIGRATION TO S P A N I S H AMERICA
A whole body of laws and regulations (of greater or lesser efficacy) was created by Spain to build a wall of defense against Muslim infiltration. Nevertheless, in spite of these provisions, it is evident that some Muslims, whose numbers it is impossible to establish, succeeded in entering surreptitiously the new continent as slaves, merchants or sailors. 7 These immigrants were motivated by several considerations, especially by the hope that on the American continent, perhaps, they would encounter less difficulty in the free exercise of their Islamic faith. In this hope they were not disappointed, for, during the liberal reign of Ferdinand “the Catholic,” in spite of some excesses, one could see, especially in the Caribbean colonies, how some of these followers of Muhammad engaged publicly in the practice of their faith. Having had news of this, Cardinal Cisneros 8 in Madrid, on July 22, 1517, delegated his powers as General Apostolic Inquisitor to the Bishops of Santa Maria of the islands of Santo Doming0 and Conception. This was done, as the eminent statesman said, because in these dioceses so f a r away from the metropolis, some of the inhabitants practiced, among other crimes, the religions of Moses and Muhammad, “holding their rites, teachings and ceremonies to be offensive to our Christian religion and evangelical law, and a grave scandal to Christian believers.” 9 By 1531 this illegal immigration was so prevalent that the Queen was obliged to issue, in Medina del Campo, an edict stating that no Berber slave could be taken to the West Indies “without a special license from He r Majesty.” That is, the transportation of Muslims to the new world was not entirely prohibited, but was subject to a royal license. Such an attitude is, without doubt, very admirable from the point of view of tolerance, if one takes into account the “Islamophobia” which prevailed in Spain as a result of the centuries of secular struggle between Christians and Muslims. Consequently, perhaps out of a desire to take advantage of this privilege, that is, the royal license, the immigration of Muslims to America, instead of decreasing, increased “with great harm and annoyance” to the new colonies, especially since many Jews also joined this flow of immigrants.
7 “In spite of the prohibition and care taken that no one go without a license, many go to all parts under the name of merchant or sailor” (Juan L6pez de Velasco, Geografia y Descripcidn Universal de las Indias, recopilada desde el aGo .7 1 de 1 5 1 a 1574, Madrid, 1894, pp. 36-37. 8 Francisco Jemenez (also Jimenez, XimCnez, 1436-1517), Archbishop of Toledo, became regent of Castile in 1506, Grand Inquisitor in 1507, and Cardinal the same year. H e initiated the system of forced mass conversion of the Moors to Christianity which resulted in the class of Moriscos. See note 12. Q J. T. Medina, L a primitiva inquisicidn americana (1493-1560), which is the first volume of the author’s Historia dcl Tribunal de la inquisicidn de Lima (1569-182o), the second volume being Documeu2tos (Santiago de Chile, 1914; 2nd ed. 1956). Cf. the ordinance of D o h Juana sent from Burgos, Oct. 5, 1511, Coleccidn de docuwzentos ine‘ditos dr Indias de la Real Academia de la Historia, Vd. Pp. 307-309.
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I n order to put an end to these dangers and annoyances, the King, engaged in open strife against North African Islam, issued a decree in 1539 which, in energetic terms, prohibited the transfer to the West Indies of sons or grandsons of persons burned at the stake (quemados), 10 Jewish or Moorish aljjurcrs (reconciliados), 11 and Jews and Moors recently converted [to Christianity] (convertidos). 1 2 Those who disregarded this decree were to be punished by sequestration of their goods and deportation. In 1543 Charles V, who was in Valladolid, encouraged by the triumphs of Andrea Doria over the Algerians, ratified these decrees, ordered the expulsion of the Muslims who already were settled in America, and imposed a new penalty of 10,000 maravedies upon those who disregarded the law. Less than ten years later, as a result of the work undertaken by Fray BartolomC de las Casas on behalf of the Indians, the price of Negro slaves in Portugal, Guinea, and Cape Verde was considerably increased. And as this evil traffic was directed especially toward American soil, this increase had its repercussions in the recently established colonies. In fact, Sardinia, Majorca, Minorca and almost all of the Levant began to supply Negroes for the market “because,” it was said, “in these parts the slaves are cheaper.” Soon a problem became obvious. Many of the Negroes purchased in these areas were Muslims, either because they belonged to the “race” (cmta) of Moors or because of their constant dealings with them. Consequently the transfer of these slaves to American soil infected the newly discovered lands with their “Muhammedan sect.” In consequence, therefore, the sending of all Negro Levantine slaves to the West Indies was prohibited. This prohibition affected other Negro slaves who had been raised with Moriscos 13 though belonging to the race (casta) of Negroes from Guinea.” The laws, decrees and writs so multiplied as to form a binding chain.
10 The qwmados were those who had been executed by burning. This form of execution was performed by the civil authorities after condemnation for heresy by the authorities of the Inquisition. 11 The reconciliados were those who had become “reconciled” to the Church, through formal repentance, after apostasy or heresy. “Reconciliation” was in fact a form of punishment, for the penitent must accept the penances and penalties imposed after appearance at trial (auto de f e ) in humiliating garb and abjuration of his errors. Penalties might include imprisonment, obligatory wearing of the penitent garb (sanbenito), confiscation of property, scourging, the galleys. See Henry Charles I,ea, A History of the Inquisition of Spain (Macmillan, New York, 1906, 4 volumes), Vol. 111, pp. 146 i f ; also idem, The Inquisition in the Spanish Depcndertci~s(Macmillan, New York, 1922), passim. 12 Converted to Christianity voluntarily or involuntarily. These were in the category of “new Christians” as distinguished f ram the “old Christians.” 13 Moors who became Christians were called Moriscos. See Encyclopaedia Britannicu, 1965, Vol. 12, p. 1085; Vol. 15, p. 84. In this technical usage they must be distinguished from the nioors who were Muslims, though often the word Morisco is used in the sense of Moor or Moorish in general, especially after the Spanish reconquest.
MUS1,IM IMMIGRATION TO S P A N I S H AMERICA
Unfortunately the legal corpus has been forgotten, in spite of the tremendous importance it has for the best understanding of the process of American colonization. An examination of this web of documents reveals some aspects which are of vital importance. For example, the following paragraph is of specal value as one that discloses in the Spanish thought of the time the particular feeling of Spain toward the Muslim problem: “YOU are informed that if such Moors are by their nationality and origin Moors, and if they should teach Muslim doctrines, or wage war against you or the Indians who are subject to us or in our royal service, YOU are authorized to make them slaves. But the Muslims who may be Indians or who may have adopted the Muslim religion you shall not make slaves by any means whatever. On the contrary, you shall try to convert them or persuade them by good and legitimate means to accept our holy Catholic faith.” From this quotation one may infer that in the thinking of the Spaniard of that time there was the consciousness of being Muslim (islamidad) in a racial sense, as well as of being Muslim by adoption. It is fitting to make this point clear on account of its importance for the history of ideas. It throws much light on the comparative study of the quality of being an Arab (arabidad) and of being a Spaniard (hispanidad), and it helps us in any effort we may make to define the characteristics of the well established ecumenicity which Hispanic influence produced in the New World. The statement that an Islamic racial consciousness (islamidad racial) can be detected in the ideological process of the New World colonization must be interpreted as something unique. In truth the Islamic consciousness was related at this time to a race (raza), that is, the Arab “race.’’ Thus, since both “Arab” and “Morisco” [sic] have a racial connotation, they are closely bound to the faith of Muhammad. Therefore it is possible to discover in the Spanish mind the idea of a “religious race,” even though such an expression may sound strange to our ears. All this serves as a starting point to demonstrate how it was that the fierce “Islamophobia” which developed in Spain during the centuries of the Reconquest contained not the least trace of racism. It was, rather, a doctrinal and religious struggle. Or, better said, it was a theological anti-Arabism similar, nzutatis mutandis, to the antiSemitism of the Fathers of the Christian Church. Such a concept can be documented by innumerabIe texts and, within this body of laws, with that statute which speaks of the “heretical depravity through male or female lineage.” Going further into the matter, we come to the so-called “purity of bIood,” a typical Spanish expression as judged by Marcel Bataillon. Of course, the “purity of blood,” correctly understood in the light of these and other documents, permits us to dissociate such a concept from
THE RilUSLlM WORLD
all ideas of a physical race. Remote antecedents may be found in the primitive Semitic society. In that society the divine \rocation was not individual but solidary. It included the ‘(chosen one” and all his descendants. It suffices only to remember the call of Abraham, Isaac, Jacob and, above all, David “in whose name the Lord envisioned a future which went far beyond the individual person.” 14 Therefore, the “purity of blood” which has been believed to be SO exclusively Spanish, is an idea which goes back to early Semitic origins. To be of the nobility (hijodalgo), one should be an “old Christian” free from Jewish or Moorish ancestry as far back as the fifth (three grandparents back) generation. In 1532 the Spanish parliament urged that this type of proof should be required only up to the fourth generation. 15 The exclusively religious, not racial, character of “purity of blood” is affirmed, further, by the aggregate of pertinent ordinances which were prescribed, and which were mentioned in the De Iustitiu et Iure by the Jesuit Luis de Molina (1535-I~OO), example: “The for infidel who has had carnal relations with a young woman or a widow shall be punished by stoning in accordance with the laws of the Kingdom.” 16 Finally, the religious character of ‘(purity of blood” is confirmed by an analysis of the early prejudice of the Spanish conquistador against the American Indian, a prejudice born of the Indian’s being “newly converted.” There was not, then, between Spaniard and Indian a mortal antagonism of race with the will to exterminate. Proof of this is that for centuries past the Spaniard did not hesitate to mix his blood with that of the American aborigines. There was no such racism, therefore, in the Spain of the sixteenth century, as those who wrote under the impulse of old anti-Spanish sentiments sought to affirm. No doubt the discrimination between “new Christian” and “old Christian” gave rise to innumerable injustices. The force of this prejudice was great in the soul of the Spanish conqueror, so great that even a saint like Ignatius of Loyola (d. 1556), wise, strong and determined in all his acts, had to face this issue with great sagacity. In fact Ignatius did not admit, in accordance with the spirit of Christ, such discrimination within his Company. Nevertheless, the Spanish susceptibility of the age, in reference to Islam, was so excessive that Ignatius at times closed the door to the “new Christians” as aspirants for membership in the Company of Jesus. He was obliged to sent them to Italy.17
14 Antonio M. Javierre, La Primrra diadochk dc la patristica y los ellogimoi de Clemente Romano (Turin, 1958), p. 63. l6 Cf. Ludwig Pfandl. Cultura v costombres dt.1 burblo esbanlol de 10s sialos X V I y X V I I (uBarcelona, 1929), 135. 16 Tract. 111. dim. CIV. No 6. tom. IV. D. I I ~ Coloene. 1 6 1 ~ . 17 See Paul ’Nwiia, Ibn’ CAbbdd dc Ronda (Bdirut, 19&),’ pp. 37 f f
MUSLIM 1PI.IMIGRATION TO S P A N I S H AMERICA
The following transcribed documents are published for the first time in the field of Arabic-Islamic studies. They have been extracted largely from the Cedulario Indian0 (Indian Documents) of Diego de Encinas, hereafter referred to as CIDE. 18 These constitute rich source material for the study of the process of the Spanish colonization of America, and its involvements, now undeniable, with the historic events of Europe in the later mediaeval period, principally with Islam which was agonizing in Andalusia.
From the instructions given to Fray Nicolis de Ovando, when he was appointed Provincial Governor of Tierra Firme [coasts of Columbia and Venezuela] in the year 1501, ordering him to prohibit entrance in said Tierra of Moors, Jews, heretics and abjurers (reconciliado) : Since we with great solicitude are to seek the conversion of the Indians to our holy Catholic faith, and if there should be persons whose conversion to the faith is suspected-there could be some obstacle-you shall not consent to it or provide a place for Moors, Jews, heretics or abjurers or persons newly converted to our faith to go unless they be Negro slaves or other Negro slaves who have been born in the possession of our native Christian subjects ( C I D E , book I, P. 455). 11 No recent convert to our holy Catholic faith, be he Moor or Jew, or children of such, may go to the Indies without our special license (Law 15, book 9, title 26, vol. 4, p. 4 of the Recopilacidn de Leyes de 10s Reynos de I n d i a (ordered, printed and published by His Catholic Majesty King Don Carlos II), Madrid, 1841. 19 This law is dated Sept. 15, 1522).
I11 We ordain that no female or male slaves, white, black, brown or mulatto, may go to the Indies without our special license granted at the House of Trade (Casa de lo: Contratacidn). 20 The
18 First printed in 1596. The writer has used a facsimile of this Cedulario, printed by Ediciones de Cultura Hispinica (Madrid, 1946), and has modernized the spelling. 19) The Catalogue of the Library o f the Hispanic Society of America (Boston, I@z), Vol. 9, p. 8779, lists four editions or printings of the Recopilucidn de LeyyFs in Madrid: 1681, 1756, 1791, 1943. In 1582 Diego de Encinas, secretary of the House of India, completed the compilation of decrees and laws after laboring for twelve years on them. The first printing, in four volumes, was in 1596. See Ernest Schafer, El Consejo Real y Supremo dc las Indias (2 volumes, Seville, 1935), Vol. I , pp. 306-322. 20 The Casa de la C o n t r a t a c h of Seville was founded in 1503, during the reign of Ferdinand, as a center for the administration and oversight of Spain’s
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penalty for infraction of this ordinance is that, if the slave should be taken to the Indies by any other means, he shall be forfeited (perdido) by this deed and come before our Chamber of the Exchequer, and the magistrates of the House of Trade, royal officials and magistrates of the Indies shall apprehend him [them] for us and not give him [them] liberty or allow freedom on bail. If the slave who has thus entered without a license should be a Berber, of the Moorish or Jewish race (casta), or mulatto, the general or commander of the navy or fleet must return such slave to the House of Trade at the expense of the one who had provided passage, and must hand him over to the judges of the House for us. The- person providing passage for a Morisco slave shall be fined one thousand gold pesos, one third of which shall go to the Chamber of the Exchequer, one third to the accuser, and the other third to the judge who sentences him. If the sender should be a rogue (vd) and without means to pay, the judge may punish him as he wills (Ibidem, law 17, book 9, title 26, dated Feb. 25, 1530, Madrid).
Year I 5 3 1 Document which ordains that no white Berber slave may go to the Indies without a special license from Her Majesty. The Queen. To our officials who reside in the city of Seville, at the House of Trade of the Indies. You know well how we have decreed and ordered that no white Berber slave should go to the Indies without our license. And now I am informed that many people have gone there and taken with them the said Berber slaves, declaring that they are registered as slaves without indicating whether they are white or Negroes. Since this is a matter which in no case should be tolerated, I order you from now on to be very careful that no persons give to any white Berber slave passage to our said Indies without our special license. Done in Medina del Campo, the nineteenth day of December, 1531. I the Queen. By order of Her Majesty. Juan de Samano, with seal of the Council ( C I D E , book 4, p. 383).
Proviso which orders that no son or grandson of one burned at the stake (quenzado) or abjurer (reconciliado) may go to the Indies or remain there. Don Carlos, etc. Inasmuch as experience has shown that great harm and annoyance have followed the passage to the Indies of sons of those burned at the stake and Jewish or Moorish abjurers
foreign trade and for the control of emigration. See E. Schafer, op. cit., Vol. I,
p. 10; Huguette et Pierre Chaunu, Shville et I'Atlantique (Paris, 1955, 8 volumes), Vol. I, p. 31 ; Encyclopaedia Britannica ( I & ) , Vol. 20, pp. 400 f.
MUSLIM IMMIGRATION TO S P A N I S H AMERICA
(reconciliudos), and new converts, and with the aim of putting an end to such annoyances, with the approval of our Council of the Indies it was agreed that we should have this our ordinance given for the above-mentioned reason, which to us seemed good, by which ordinance we prohibit, will and order that from this date on our ordinance should be publicized and proclaimed from the steps of Seville, to the effect that no son or grandson of one burned at the stake or of abjurer, whether Jew or Moor, in the Holy Inquisition, or a newly converted Moor or Jew, may by any means go to our Indies, islands or mainland overseas. The penalty for infraction is confiscation of all of their property for our Chamber of the Exchequer, besides being exiled from the island or province wherever he may have gone. We order that our officials who reside in the City of Seville, at the House of Trade of the Indies, should take great care to fulfill and execute the mandate contained in our ordinance that none of the aforesaid persons should go to our Indies. And if, after this ordinance has been proclaimed, any of the aforementioned should pass to our Indies secretly or without our special license, we give order, therefore, to our presidents and judges of our courts and royal chancelleries who live in the cities of Tenuxtitan, Mexico of New Spain, and Canto Doniingo of Hispaniola, and Panami in the Province of Tierra Firme, and to any of our governors or judges in our said Indies, that they shall have them leave the Indies and shall apply said penalty. And that the aforementioned may be made public and known to all, we order that this our ordinance (cartu) be proclaimed on the steps of the City of Seville by a town crier and before a public notary. Given in the Villa of Madrid, October 3, 1539, I the King. By order of His Majesty, Juan de Sarnano, Doctor Veltran, Doctor Bernal, Licentiate Gutierre Velhsquez. Recorded. Bernaldarias for the Chancellor, Blas de Saavedra ( C I D E , book I , pp. 452-453).
VI Additional proviso which ordains that all Berber slaves who may be in the Indies, although they may be considered as having been forfeited (perdido), be expelled from the Indies and sold for His Majesty’s sake. Don Carlos, etc. To you the presidents and judges of our courts and royal chancelleries of our Indies, islands and Tierra Firme, and any other of our governors and other justices in said islands and provinces of our Indies, and to any other of you to whom this ordinance may be shown, or a transcript thereof signed by a notary, grace to you and greetings. Be it known to you that we decree and give our ordinance, signed by our most serene Prince Don Philip, our very dear and beloved grandson and son, issued
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from our Council of the Tndies, the contents of which are in the copy which follows: Be it known to you that we are informed that Berber slaves and other free persons, recently converted Moors and their sons, have gone, and each day continue to go, to those parts, [though] we have decreed that under no condition should they go, on account of the many annoyances which seem, from practical experience, to follow those who have gone. And in order to prevent the harm which those who have gone there or those who may go there in the future may cause, since in a new land like that where the Faith is newly established it is advisable that every risk be removed, in order that neither the sect of Muhammad nor any other may be propagated and proclaimed there in offense to God our Lord and to the detriment of our holy Catholic faith, we declare: After consideration and discussion in our Council of the Indies, it was resolved that we should ordain that all male and female Berber slaves, newly converted Moors and their children, as said, who may be in those lands, shall be expelled from the island or province where they happen to be and sent to this Kingdom, so that they should by no means remain in those parts, and concerning this [it was resolved] to ordain to send you this our order with the said reason which we consider good. Therefore we order each and every one of you, as stated, that instantly and most diligently you should search out and take cognizance of what male or female Berber slaves or aforementioned persons are in those islands and provinces, and those whom you shall find you should expel from them, sending them to this Kingdom on the first ships to come here, so that by no means should they remain in those parts. And you shall do the same to those who thereafter may go there. Let no one do otherwise, therefore, under penalty of our judgment and a fine of ten thousand maravedies for our Chamber. Given in the Villa of Valladolid, August 14, 1543.I the Prince. I Juan. I Samano, secretary to His Catholic Majesty. I had it written by order of His Highness. Doctor Bernal, Licentiate Gutierre Velisquez. Registered, Ochoa de Luyando. For the Chancellor, Martin de Ramoin. Furthermore as we are informed that in some of those islands and provinces there are some male and female Berber slaves and other recently converted Moors and their children, some of whom emigrated surreptitiously and some of whom are accounted by our officials in the ports of embarcation as forfeited (perdidos) in order to send them without our license and sell them for our treasury, and under this color they remain in those parts instead of being sent to this Kingdom, as we have ordered. And because in the service of our Lord, and in ours, it is fitting that said
MUSLIM IMMIGRATION TO S P A N I S H AMERICA
proviso be incorporated, kept and observed, I order that you observe, keep and fulfill it and see that you have it kept and fulfilled completely by everyone in accordance with its stipulations. And in keeping and fulfilling it you shall see to it that all the male and female Berber slaves who have been or shall be taken there, or shall be found there, shall be returned to this Kingdom, even though we may have considered them forfeited (perdidos) and though they may have been sold in our name. You shall take them from whoever has them, and their owners should be paid from our treasury whatever they paid for them, and they should be returned, as stated, to this Kingdom. These shall be sent for us to our officials who reside in Seville at the House of Trade of the Indies so that they may dispose of them as we may order. You shall not, therefore do otherwise under penalty of our judgment and the fine of ten thousand maravedies for our Chamber. Given at Valladolid, Nov. 13, 1550. Maximiliano. The Queen. I, Francisco de Ledesma, secretary of Their Imperial and Catholic Majesties, had it written by order of Their Highnesses in their name. The MarquCs. Licentiate Gutierre Velksquez. Licentiate Gregorio L6pez. Doctor Hernin PPrez. Licentiate Biruiesca. Registered, Ochoa de Luyando. For the Chancellor, Martin de Ramoin (CIDE, book 4, pp. 381-382. Documents repeated on July 13, 1556, from which followed Law 29, title 5, book 7). VII Document which ordains that no slaves or Negroes who have been reared with Moriscos shall go to the Indies even though they be of the Negro race. The King. To our officials who reside in the City of Seville, at the House of Trade of the Indies. We are informed that, because of the increase in the price of Negro slaves in Portugal and in the islands of Guinea and Cape Verde, some merchants and other persons who intend to have them for our Indies have gone or sent to buy Negroes in the islands of Sardinia, Majorca, Minorcaand other parts of the Levant in order to send them to our Indies because they say that there they are cheaper. And because many of the Negroes in those parts of the Levant are of the race (custa) of the Moors and others have trade with them, and [since] in a new country where at present our holy Catholic faith is being established it is not fitting that people of this quality should go there, on account of the difficulties that could come from it: I order you that under no circumstances or by any means shall you consent to the passage to our Indies, islands or Tierra Firme of any Negro slaves who may be from the Levant o r who may have been brought up there, or of other Negroes who may have been reared with Moriscos, even though they be of the race
THE MUSLIM WORLD
of Negroes of Guinea. Made in Valladolid, July 16, 1550. Maximiliano. The Queen. By order of His Majesty, His Highness, in his name, Juan de Samano. Seal of the Council (CIDE, book 4, PP- 383-384).
VIII An ordinance of the House of Trade of Seville, year 1552, which forbids the passage to the Indies of slaves without a license, and the penalty imposed on those who send slaves or Berbers there. Furthermore, we ordain that no male or female slaves, be they black o r white, brown or mulatto, may go to the said Indies without our license. Such license must be presented to the said officials of the House of Trade. The penalty for infraction is that, if the slave is sent by any other means to the Indies, he by this act be forfeited (perdido) and turned over to our Chamber of the Exchequer. Our aforementioned officials of the House of Trade as well as the other officials of the Indies and the magistrates there may seize such slave(s) for us without granting him (them) liberty o r allowing him (them) to go free on bail. If the slave thus shipped without license is a Berber, or of the race of Moors or Jews or a mulatto, he must be returned, at the expense of those who shipped him, to the House of Trade and turned over to our officers there for us. The person who provided passage for such a Moorish (Morisco) slave shall be fined one thousand gold pesos, one third for our Chamber [of the Exchequer], one third for the judge who sentences him, and, if he should be a rogue (Vil) and unable to pay, he should be given one hundred lashes ( C I D E , book 4, p. 381). IX Y e a r I552 Ordinance of the House of Trade of Seville, which provides that no one newly converted, whether Moor or Jew, no abjurer, no child or grandchild of one burned at the stake (quemado), of one condemned for heresy, or of one who has worn penitent garb (sanbenito) 21 may go to or remain in the Indies. Moreover, we decree and ordain that no Moor or Jew newly converted to our holy faith, or child of such, may go to or remain in our Indies without our special license, and likewise we forbid and ordain that no abjurer and no son or grandson of one who has publicly worn the penitent garb (sanbenito), and no son or
21 The sanbenito (sambcnito, sac0 bendito) was a special garb with a distinctive insignia, as, for example a yellow cross on the front and one on the back which the authorities of the Inquisition obliged penitents or the "reconciled" to wear for a limited or indefinite period in public as a mark of shame. See note I I and references.
MUSLTM IMMIGRATION T O SPANISH AMERICA
grandson of one who has been burned at the stake (quemado) or condemned for heresy or for the crime of heretical depravity by the male or female lineage, may go to or remain in the said Indies, under penalty of confiscation of all his property by our Chamber of the Exchequer, and of having his (their) person(s) subjected to our clemency, and of being banished forever from our Indies. If he has no possessions, he should be given one hundred lashes publicly ( C I D E , book I , p. 455).
Decree directed to all the prelates in the Indies providing that each one should ascertain whether Lutherans, Moors or Jews are present in his diocese and prosecute them: The King, [to thelmost reverend in Christ, Fathers, Archbishops of the cities of Santo Doming0 of Hispaniola, Mexico of New Spain, and City of the Kings of the provinces of Peru, and [to the] reverend in Christ, Fathers, Bishops of the provinces of the Indies, islands and Tierra Firme, and to each and every one of you to whom this my decree may be shown, or a transcript thereof signed by a notary public: As you may have known, our Lord has permitted, because of our sins, that in this Kingdom there have been some who have embraced the opinion and heresy of Luther-many of whom have been punished-and all others who are found guilty of this shall be treated likewise-and because it is possible that the iniquity be so great and the Devil so clever in sowing heresies in Christendomthere may have been sent or traveled to those parts some Lutherans and others of the race of Moors and Jews who wish to live according to their law and rites. It is fitting that wherever our Catholic faith has recently been established great vigilance be observed that no heresy be sown or found. And if such be found, it should be exterminated, destroyed and punished with vigor. Thus I beg of you, each and every one in our dioceses, archbishoprics and bishoprics, to be on the alert to inform us and let us know if any Lutherans, Moors, Jews or those who may follow any heresies have gone there, and, finding such, to punish them. We send the same warning to our viceroys, presidents, judges of our royal courts in these parts, and to any of our governors there, that they give you all the support and help that you request and need. Likewise you should inform them if any Lutheran books or other forbidden books have been sent or are sent to those dioceses, and, if so, seize and collect them all and send them to these our kings, to our Council of the Holy and General Inquisition, and prosecute those in whose possession you find such books, in accordance with the law. And, in order better to discover if such heretics or forbidden books reach those parts, whenever
THE MUSLIM W O R L D
ships leave from this Kingdom you should do your utmost to ascertain if these are in the cargo or on board. It is understood that you will do this with all possible diligence and care, and we are confident that you will see the importance of this and act accordingly. Made in Valladolid, July 13, 1559. The Princess. By order of His Majesty, in the name of Her Highness. Ochoa de Luyando. Seal of the Council ( C I D E , book I, pp. 454-455).
XI From a letter (carta) which His Majesty wrote to Mr. Martin Enriquez, July 4, 1570, ordering that no Indians be taken as slaves although they may have adopted the faith (secta) of Muhammad: [ I am writing] regarding your statement that fourteen or fifteen slaves were brought on board the ship “San Juan” from the Philippine Islands, some of whom were of those taken from the Portuguese and others of whom, you understood, were of those who were captured on the same islands. You were told that these are educated persons and, though they are Moors, they are recent converts. Since previously they were Gentiles, you must not believe that these are slaves, or that it is our will that they be such. YOU should have them returned to their land in order not to open this door to the people there. So write to the Governor that in your opinion these things should not be permitted, until we give orders regarding what should be done about it. You should do the same in the case of an Indian woman who was taken, because it is not good that the natives of those lands with whom we have good relations be oppressed or badly treated. Rather than have them punished, we should deal with them otherwise. You have done well in this matter. From now on observe what we have decreed and ordered in a chapter of a letter which we ordered written to Miguel L6pez de Legazpi our Governor in that land, which is more or less as follows: Also you have asked us to be aware that there are Moors in that land (island) who come to buy and sell and who impede the preaching of the Holy Gospel and give you concern. We authorize you to make slaves of such Moors and to confiscate their property. You are advised that if such Moors are Moors by nationality and by birth, and have come to teach their Muslim faith (secta), or to war against you or the Indians who are subject to us or in our royal service, you have power to make them slaves. But those who are Indians and have embraced the faith (secta) of Muhammad you shall not enslave by any means whatsoever. Rather, you shall try to convert them or persuade them by good and licit means [to embrace] our holy Catholic faith (CIDE, book 4, p. 374. Cf. the law of May 29, 1620, against the inhabitants of Mindanao con-
MUSLIM IMMIGRATION TO S P A N I S H AMERICA
verted to Islam, in Recopilacidn de Leyes de Indiar, book 6, title 2, law 12). XI1 A letter (carta) which His Majesty wrote to the court of Mexico, May 20, 1578, ordering that the slaves of the Kingdom of Canada who were in New Spain [Mexico] be sent to this Kingdom with their children: With regard to your statement about what we have ordained to the effect that no Berber slaves should go to those parts under penalty of their confiscation from those who transport them, this has been observed. Until now some Moriscos of the Kingdom of Granada have gone with our authorization. With them there are the same problems that we have with the Berbers. It is expedient that from now on they should not go, for the reason you have stated. Because we have ordained that thus it should be, and that it should be borne in mind that this authorization should no longer be granted, as soon as you receive this you shall embark and send to this Kingdom all the slaves and freemen, Berbers as well as those from the said Kingdom of Granada, without allowing under any circumstances any of them to remain there, or their children who may have been born there, notwithstanding whatever decrees or any authorizations they may have from us. Whatever you do, keep us informed, and you shall do the same for the Moriscos (CIDE, book 4, p. 383).
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