THE DOMINICAN SCHOOL OF SALAMANCA AND THE SPANISH CONQUEST OF AMERICA: SOME BIBLIOGRAPHICAL NOTES THOMAS F. O'MEARA. O.P. University of Notre Dame Notre Dame, Indiana S ALAMANCA, northwest of Madrid and Avila and not far from Spain's border with Portugal, preserves the atmosphere of a medieval, Renaissance, and Baroque university even as it develops the schools and clinics of a contemporary center of studies. There are associations with Teresa of Avila, who spent the night there just after her reform was approved by Rome, with the young Cervantes, with Luis de Leon and Ignatius Loyola, and with John of the Cross, who was a student there. A bridge from the time of Trajan spans the river Tormes, and the Romanesque cathedral still reserves a chapel for the Mozarabic rite. The University of Salamanca The city brings to mind sixteenth century Dominicans like Francisco de Vitoria, often called the founder of international law, and Domingo Bafiez, confessor to Teresa of Avila. The Order of Friars Preachers, however, came to Salamanca in 1222 at the same time that Dominic's missions were taking root in ·Paris and Bologna; the friars founded a priory and soon a school under the patronage of St. Stephen (San Esteban). The " Dominican School of Salamanca " means formally the line of great theologians reaching from Diego de Deza at the end of the fifteenth century to Tomas de Lemos, a main protagonist in Rome in 1607 in the controversy over grace entitled De Auxiliis. Today, after seven and a half centuries of existence, the Salamancan SSS 556 THOMAS F. o'MEARA, O.P. Dominicans remain a vital community, active m teaching, research and publishing. My attention was directed to the Dominicans at Salamanca by two volumes of essays reporting on congresses concerning the "Dominicans and the Discovery of the New World." My interest was not church history but the history of theologies of how grace might exist outside of explicit faith and sacramental baptism. The following report is a bibliographical survey of recent research on a theological era and school. Focusing on the thought of the theologians stimulated by the experiences of the missionaries in the Indies, it treats the Dominicans during the first decades after the voyages of Columbus. In the 1480s, as it entered its golden age, the University of Salamanca had a hundred professors and almost 7000 students. University records begin late, but they show that in 1546/47, one hundred thirty-four Dominicans were studying at the university, and in 1598/99, eighty. J. L. Espinel has written. a historical guide to the Dominican buildings and institutions. 1 The great period of the Dominican school at the University began with Diego de Deza ( 1480-1486), professor and archbishop of Seville, and Matias de Paz (1518-1519), a professor of Scripture. Francisco de Vitoria (1526-1546) and Domingo de Soto (15321549) were its most gifted thinkers, but the school's achievements continued with Melchior Cano (1546-1552), Juan de la Pefia (1561-1565) and Domingo Banez (1581-1604 ). These t San Esteban de Salamanca, Historia y Gufa, Siglos, XIII-XX (Salamanca: Editorial San Esteban, 1978); see also R. Hernandez, "Convento y estudio de San Esteban," La Universidad de Salamanca (Salamanca: Universidad, 1989), pp. 369ff.; A. Martin Melquiades, "La Escuela de teologia de Salamanca," Atti del Congresso internazionale, Tommaso d'Aquino nel suo settimo centenario, Tommaso d'Aquino nella storia del pensiero, 1 :2 (Naples: Edizione Domenicane Italiane, 1975), pp. 242ff. A Salamancan Dominican of the 1930s, Vicente Beltran de Heredia, pioneered research in the history of the university and in the writings of the Dominican speculative masters. His writings can be found in past issues of Ciencia Tomista (CT), and some of his books and several recent collections of his most important essays are available from Editorial San Esteban. Similarly initial research in the United States can be found in the writings of Lewis Hanke. SALAMANCA AND THE SPANISH CONQUEST 557 are joined by lesser figures like Pedro de Sotomayor (15601564 ), Mancia de Corpus Christi (1564-1576), and Bartolome de Medina (1576-1581). The occupants of the chair in theology of the liturgical hour of prime from Vitoria in 1526 to Bafiez's retirement in 1604 were all Dominicans, while the chair of vespers was held by Dominicans from Domingo de Soto's inception in 1532 to Pena's concluding lectures in 1565. In the late autumn of 1486 and the winter of 1487, Christopher Columbus was in Salamanca to explain his transoceanic plans to professors in cosmology and the arts. While the university cosmologists were unreceptive, a catedratico in theology, Diego de Deza, became his supporter (according to a letter from Columbus in 1504), and according to firm tradition Columbus resided in the Dominican's buildings for a while. De Deza was also tutor for the son of Isabel and Ferdinand, Prince Juan, and so he could support Columbus's plans at the court of the Catholic Monarchs, and that support continued later when de Deza became archbishop of Seville.2 The sixteenth century is often designated "the golden age " of the university and of the Dominican studium of San Esteban. An important neo-scholastic and neo-Thomist revival was underway. Some of the theologians who worked for a humane policy in the Americas were later to be important figures in the deliberations of the Council of Trent and in the changing theological discussions over spirituality, grace and free will, and moral theology. Research and Congresses In October, 1508, Thomas de Via Cajetan, the superior general of the Dominicans, urged the Spanish Dominicans to send men to the Indies, and the first group arrived in 1509 or 1510. This theme of Dominicans in the Americas, as Spain and Europe were extending their geographical perspective, has called forth a 2 Ramon Hernandez, "Fray Diego de Deza, un hombre entre dos mundos,'' CT, 81 (1990), 495ff., and L. Espinel, "Colon en Salamanca,'' Congreso Internacional sabre los Dominicos y el Nuevo Mundo 2 (Salamanca: ESE, 1990), pp. 16ff. 558 THOMAS F. o'MEARA, O.P. flood of research, finding expression in congresses and books. In the early 1980s, Spanish Dominican historians founded a special group, HIVEDA, to work in this area in an intensive way, and they planned a set of congresses, leading up to the Columbian anniversary. The first assembly was held in Seville in 1987, and forty essays from it have been published as Actas del I Congreso Internacional sobre Los Dominicos y el Nuevo Mundo. 8 A second congress was held in 1989, and its dozens of specialized articles are published by Editorial San Esteban (ESE) as Congreso Internacional sobre los Dominicos y el Nuevo Mundo. Actas de II Congreso Internacional. 4 A third congress focusing on the seventeenth century was held in 1990 (that volume will also appear), while a concluding assembly will take place in Cadiz in the anniversary year, 1992. In Rome in 1985, a conference was held on the two figures of Francisco de Vitoria and Bartolome de Las Casas; among those thirty-one studies are essays on the relationship between the two Dominicans, on Vitoria's education, world-view and influence, and on natural law or pastoral practice in Las Casas. 5 All in all, these hundreds of articles treat a wide range of topics (pastoral as well as theological) like free will, natural law, styles of evangelization, catechisms, schools, bishops, canon law, and libraries. ESE has also published the early catechism by Pedro de Cordoba, O.P., Doctrin'a cristiana para instrucci6n de los Indios; writings by Las Casas (Brevissima Relacion .. . ) and Vitoria (Doctrina sobre los Indios); the diary of Tomas de la Torre, O.P., Diario de Viaje, Desde Salamanca a Ciudad Real de Chiapas, 1544-1545. 6 Recent issues of the Salamancan Dominican journal in theology Ciencia Tomista (CT) give further reports and articles in this area. s (Madrid: Deimos, 1988), 1056 pages. 4 (Salamanca, ESE, 1990), 1037 pages. J. Barrado gives a history of HIVEDA in Los Dominicos 2, pp. 7ff. and a lengthy report on the second congress in CT 80 (1989), 393ff. 5 I Diritti dell'Uomo e la pace nel pensiero di Francisco de Vitoria e Bartolome de Las Casas (Milan: Massimo, 1988), 684 pages, including a bibliography of essays (pp. 309-321ff.). 6 All recent publications of Editorial San Esteban. SALAMANCA AND THE SPANISH CONQUEST 559 The Dominicans have not been alone in studying their history. Two volumes of similar essays on the Franciscans in the Americas can be found in Archivo-lbero-Americano,7 and a second pair of books offers two thousand pages of essays on their theology and praxis in this period. 8 The Franciscans bring different, often creative approaches to pastoral problems, as well as sometimes a certain mystical and millenarian mentality. Stimulated by the important Augustinian in Mexico, Alonso de Veracruz, two volumes of essays from an Augustinian congress in Valladolid in 1990 are being published. 9 There are also dozens of essays in Evangelizaci6n y teologia en America (Siglo XVI). 10 Mention should be made of an on-going series, Corpus Hispaniorum de Pace, begun in 1963. Thirty volumes have appeared: some give documents on issues confronting the imperial government and the church from the first decades after 1492 ; others treat topics like evangelization. Two particular volumes are devoted to the Dominicans Pefia and Vitoria. Volume twenty-five, Francisco de Vitoria y la Escuela de Salamanca. L'Etica en la Conquista Americana (1492-1573) (FVE), 11 stands out as a collection of fourteen essays on two topics : the polemics and deliberations between professors and government, and the influence of Salamanca. The Society will offer its own theologians writing on these issues, for instance, Francisco Suarez, but with its foundation only in 1541 it does not take part in the work of the first decades. In the tenth volume of this Corpus there is a good survey of the activity of the 1 Volumes 46 (1986) and 48 (1988) . .s Actas del I Congreso Internacional sobre los Franciscanos en el Nuevo Mundo (Madrid: Deimos, 1987); Los Franciscanos en el Nuevo Mundo, Actas del II Congreso Internacional (Madrid: Deimos, 1989); see L. Gomez Canedo, Evangelizaci6n y conquista: experiencia franci'scana en Hispanoamerica (Mexico: Pordua, 1977). ·9 For the works of Veracruz see volumes published by E. J. Burrus between 1968 and 1976, publications of the publishing house of Estudio Agostiniano at Valladolid, and P. Cerezo de Diego, "El Pensamiento Americano de un Discipulo de Vitoria: Alonso de Veracruz," I Diritti, pp. 255. 1.0 (Pamplona: Universidad de Navarra, 1990). 11 (Madrid: C. S. I. C., 1984). A bibliography of manuscripts and early publications in this area is in A. Rodriguez, " Fuentes y Bibliografia. Manuscritos," FVE, pp. 546ff. 560 THOMAS F. o'MEARA, O.P. Jesuits and in volume twenty-five the thought and project of Jose de Acosta from 1576. Colonists and Critics in Espanola The first Dominican missionaries to Espanola had been educated in a major theological center and were members of a province influenced by reform movements (Cajetan's letter had mentioned that " the friars may take their books with them " 12 ). Articles by Ramon Hernandez and others give a picture of Dominican evangelization in the years after 1510 through letters, reports, and descriptions coming from the Dominican missionaries.13 There was a sense of being a community evangelizing through preaching and an exemplary life; to this was joined a conviction that living a poor life was necessary to preach the Gospel to the Indians, and particularly to those who had already begun to suffer from imperial Spain. The Christian message was presented by beginning with the creation of the world and then by tracing the nature and love of God up to Christ and his saving cross. 14 In the following decades, despite contacts with many peoples, many Dominicans rejected rapid evangelization and hasty baptism; they noted that Aquinas held that it was not enough for those who freely wished to become Christians to know the creed, but they had first to show by their life that they in12 Registrum litterarum fr. Thomae de Via Cajetani, O.P., Magistri Ordmis (1508-1153), A. Meyer, ed. (Rome, 1935), p. 7. 13 See R. Hernandez, " Pobreza y evangelismo de los dominicos en Indias," CT 8 (1987), 437ff., and "Rasgos modelicos de la primera evangelizaci6n lascasiana en America," CT 81 (1990), 499ff.; D. Barobio, et al, Evangelizacion en America (Salamanca, 1988); P. Castenda, Los Memoriales del P. Silva sabre le predicaci6n pacifica y las repartimientos (Madrid: C. S. I. C., 1983) ; A. Huerga, "La Obra intelectual de la Orden de Predicadores en America," Los Dominicos 1, pp. 689-714; the lengthy article by M. A. Medina, " Metodos y medios de evangelizaci6n de los Dominicos en America," Los Dominicos 1, pp. 157-207 as well as other articles from the first congress and the essays in "Special Number Dedicated to the V Centenary of the Discovery and Evangelization of America: 1492-1992," International Dominican Information 291 (September, 1991), 114ff. 14 B. de Las Casas, Historia de las Indias 2 (Madrid: Biblioteca de Autores Espaiioles, 1961), p. 134b. SALAMANCA AND THE SPANISH CONQUEST 561 tended to be followers of Christ. 15 The Dominicans were convinced that a native clergy must be established and that a range of educational projects would benefit the indigenous peoples. Needless to say, this pastoral theology was not universal or dominant. On the Fourth Sunday of Advent, 1511, Anton de Montesinos, one of the first four Dominicans in America, delivered in Santo Domingo an initial, dramatically critical sermon against the mistreatment of the Indians. 16 Montesinos did not hesitate to call this cruelty to the Indians-they were human beings like the Spaniards-a mortal sin which would bring eternal damnation (some scholars think that later back in Spain he wrote a defense of the Indians which is now lost). Bartolome de Las Casas described Montesinos : " He had the grace of preaching, was sharp in criticizing vicious people, heated, effective. . . . With great animation he gave the first sermon on this subject, totally new among the Spaniards on this island." 17 Letters of protest against Montesinos soon reached Spain, and the royal court commanded the superior of the Dominicans in Espanola, Alonso de Loaisa, that he advise his preachers to temper their inflammatory preaching. In 1512 the Royal Council requested from the superior in Espanola (and perhaps in Salamanca) Dominicans who would present the critical position, and the Dominicans sent Montesinos and Pedro de Cordoba to explain in person the situation. A commission of experts in theology and law was assembled the same year in Burgos to consider colonial policy, for King Ferdinand had accepted the idea that these issues needed study. The result15 J. A. Barreda, " Primera anunciaci6n y bautismo en la obra de Bartolome de Las Casas,'' CT 80 (1989), 291ff.; I. Perez, "El 'tiempo dorado' de la primera evangelizacion de America, hechura del Padre Las Casas,'' CT 80 (1989), 27lff. (both in Los Dominicos 2). 16 R. Hernandez, " Primeros dominicos del convento de San Esteban on America," CT 77 (1986), 392ff.; "Doctrina Americanista de los te6logos de San Esteban." in Humanismo cristiano (Salamanca: Caja de Ahorros y Monte de Piedad de Salamanca, 1989), pp. 205ff. 11 B. de Las Casas, Historia de las Indias 3. 562 THOMAS F. o'MEARA, O.P. ing laws treated largely conditions of work; in terms of admitting the rights of the Indians, they were incomplete and deficient. Matias de Paz, Dominican professor of Scripture at Salamanca, was present at this first moment of Spanish critical reflection on the conquista. Paz was reacting to both the Burgos meeting and the reports of Montesinos' preaching when he wrote in 1512 Del Dominio de los Reyes de Espana sobre los Indios, the first intervention of theologians on the problems of the Indies. 18 Paz rejected denying the Indians their rights, dominion or social structure because they lacked Christian faith (some Spaniards even thought that the new life of baptism deprived the Indians of their goods). Now it is that the Indians, as is stated, after knowledge of the name of Our Lord Jesus Christ has arrived, have most freely received the sacrament of baptism. And so it seems that in no way is it licit to hold them as slaves with " despotic rule " and those who so burden them are held to restitution. . .. For through grace divine "jus" does not take away that which is of human "jus ".19 But Paz's work is a circumscribed treatise of aspects of dominion and is concerned with justifying papal jurisdiction over all peoples, albeit for preaching the Gospel. By 1516 the Dominican superior in the Indies, de Loaisa, although defending a papally approved presence of the Spanish, was questioning the growing number of opportunistic invasions. Meanwhile back in Spain in the 1520s, Bernardo de Mesa, preacher at the Spanish court and designated bishop of Cuba, denied that the Indians were natural slaves or were condemned to any loss of freedom by their lack of faith; he observed that whatever commission was given to European monarchs by Pope Alexander VI was given solely to preach Christ to new lands. A group of Dominicans had already met in 1513 at the priory of St. Paul in '18 V. Beltran de Heredia, "El tratado del Padre Matias de Paz, O.P. Acercera del Dominio ... ," Archivum Fratrum Praedicatorum 3 (1933), 133ff.: see Hernandez, "Doctrina americanista," pp. 197ff. and "La Escuela Dominicana de Salamanca ante el Descubrimiento de America," in Los Dominicos l, pp. lOlff. io" El tratado ... ,'' p. 141. SALAMANCA AND THE SPANISH CONQUEST 563 Valladolid to discuss ways of opposing further invasions (which some Spaniards justified by recalling Joshua). 20 The reports of Cordoba and later of Las Casas gave their confreres in Salamanca a picture of the increasingly horrible conditions in the colonies. This began, through countless letters and personal visits, an exchange in theory and praxis concerning the mistreatment of the Indians, a conversation lasting for fifty years between the university professors in theology and the friars at work in what was for them a new world. Carlos Baciero writes : " The Dominicans were deeply involved with the problems of the Indians . . . and possessed better information concerning the changing situation in America, and they kept working to expand their knowledge." 21 Bartolome de Las Casas Bartolome de Las Casas (1474-1566) was a missionary and a colonial chaplain, but he was also a social activist, a writer and speaker, and his thinking built upon the neo-Thomism of his Salamancan confreres. He went to Espanola in 1502 as a colonial adventurer and participated in various expeditions and received an encomienda, land with indentured Indians. Perhaps the first person ordained in the Americas, he became a priest about 1512 and took part as chaplain in the conquest of Cuba. Having first resisted the critical preaching of the Dominicans, he was converted on the feast 2 0 On these very early critics of Spanish policies, not all Dominicans, see A. Garcia y Garcia, " El Sentido de las primeras denucias," FV E, pp. 72ff. 21 " Conclusiones definitivas de la secunda generacion," FVE, p. 416. There is the rather eccentric theory that the efforts of the Salamancan friars were not aimed at the Indians but at the refutation of the ideas of Protestant reformers; see Q. Skinner, The Foundations of Modern Political Thought (Cambridge: Cambridge University Press, 1978), 2, pp. 135ff.; A. Pagden, "Dispossessing the barbarian, ... " The Languages of Political Theory in Early Modern Europe (Cambridge: Cambridge University Press, 1987), pp. 79ff. The presentation mixes together Dominican and Jesuit thinkers from over fifty years, and finds a few vague references to Luther in works on civil society or church. For the Dominicans in Salamanca after 1510, Wiclif is a condemned figure from the distant past, while Calvin's writings have yet to arrive. This view runs contrary to the close link between the Dominican friars, theologians or mission2ries. 564 THOMAS F. o'MEARA, O.P. of the Assumption, 1514, and soon announced he was setting free the Indians and working to end the encomienda system. He sought advice from Pedro de Cordoba (whose letters must be considered as very early defenses of the Indians 22 ) on how to present to the king the agonizing situation of the exploited Indians. Las Casas returned to Spain in 1515 to formulate a peaceful alternative to colonialization. Diego de Deza, now Archbishop of Seville, recommended him to the court. Ferdinand was dying and Cardinal Cisneros supported the Plan para la reformacion de .' , las I ndias, a plan for ideal communities of Spaniards and Indians; it was written in the same year, 1516, that Thomas More published Utopia. The plan was brought back to America but was blocked by the colonial administration and a further plan for an enlightened missionary approach by Hieronymite friars, who could not withstand the pressure of the colonists, failed. Las Casas defended the Indians before the Spanish parliament and Charles V in 1518 and 1519, and the Emperor accepted the idea of founding free towns, for farming rather than mining, of Indians and Spaniards in Venezuela. Violence on all sides in the Americas made this project unsuccessful; returning to Santo Domingo, Las Casas entered the Dominican novitiate in 1522 and retired to work in parishes while laboring on historical studies of the exploitation of the Indies (which he requested be published after his death). In 1530 he was again stirred into action for the Indians and published his pastoral plan The Only Method of Attracting All People to the Faith in 1537 and then, while awaiting an audience with the Emperor in Spain, composed his Very Brief 2 2 R. Hernandez, " Pedro de Cordoba, primer mentor de la lucha por los derechos del Indio," in " Doctrina Americanista de los teologos de San Este ban," Humanismo cristiano, pp. 213ff.; see Saranyana, "Principales tesis teologicas,'' Los Dominicos, 1, pp. 323ff.; V. Rubio, "Una carta inedita de Fray Pedro de Cordoba, O.P.," Communio 13 (1980), 417ff. S. Boria, Fray Pedro de Cordoba, O.P. (1482)-1521 (Tucuman: Universidad del Norte Santo Tomas de Aquino, 1982); M. A. Medina, Una communidad al servicio del indio. La obra de Fr. Pedro de Cordoba, 0.P., (1482-1521} (Madrid: Instituto Pontificio de Teologia 0.P., 1983); on Cordoba's catechism see J. I. Saranyana, "Principales tesis teologicas de la 'Doctrina cristiana' de Fray Pedro de Cordoba, O.P.," Los Dominicos 1, pp. 323ff. SALAMANCA AND THE SPANISH CONQUEST 565 Account of the Destruction of the Indies. "The reason," Las Casas wrote, " why the Christians have killed and destroyed such an infinite number of souls [which Las Casas estimated in 1531 to be over a million] is that they have been moved by their wish for gold and their desire to enrich themselves in a very short time." 28 The practice of requerimiento was to announce (in Spanish) to an Indian village the arrival of the preaching of the Gospel and then to use any indigenous resistance to justify force and bondage; in that way evangelization was joined to colonial expansion. The "New Laws" of 1543, owing something to Las Casas, seemed to guarantee some improvement. Las Casas was named bishop of Chiapas (Guatemala), but his strict rejection there of holding the Indians as bestowed property alienated the laity and even some clergy who were arguing for exceptions. His prophetic stance ended with him leaving his diocese, and travelling north to Mexico City, the center of opposition to the New Laws. He was requested by the viceroy to remain in Oaxaca until the threat of a riot over the arrival of the Dominican reformer diminished. The New Laws remained but with a modification which permitted the encomienda. After attending a meeting of all 2a Brevissima relacion •.. , p. 36. For the works of Las Casas in a critical edition see P. Castaneda, ed., Obras Completas (Madrid: Allianza, 1980 ), 9 vols., and De Regia Potestate, Corpus Hispaniorum de Pace, vol. 8. For the work Unico Modo .•. in English, see H. R. Parish, The Only Way (New York : Paulist, 1991) . On Las Casas and others see the essays in I Diritti dell'Uomo ... , Bartolome de Las Casas and in Symposium Fray Bartolome de Las Casas. Transcendencia de su obra y doctrina (Mexico City, 1985), and the volumes of Los Dominicos. An extensive bibliography of works by and on Las Casas can be found in En El Quinto Centenario de Bartolome de Las Casas (Madrid: Instituto de Cooperacion Iberoamericana, 1986), pp. 185-222. Recent works on Las Casas and the Dominicans of the first decades have appeared in France: Le Rendez-vous d S. Domingo (Paris, 1990), Autour de Las Casas (Paris, 1987), F. Orhant, Bortolome de Las Casas, Un Coloni-' sateur saisi par l'evangile (Paris, 1991), and books by Marianne Mahn-Lot like Bartolome de Las Casas et le droit des Indiens (Paris, 1982) and her editions of his writings. From Germany there are M. Neumann, Las Casas (Freiburg: Herder, 1990), T. Eggensperger, Bartolome de Las Casas, Dominikaner, Bischof, V erteidiger der Indios (Mainz: Matthias-Grunewald, 1991), J. Meier, Zeuge einer befreienden Kirche, Bartolome de Las Casas (Leutesdorf: OTC, 1988). 566 THOMAS F. o'MEARA, O.P. the bishops in New Spain he returned to Spain for good in 1547. There at the age of seventy-six he vigorously opposed in verbal and written debates after 15 50 the arguments of Juan Gines de Sepulveda (whom Juan de la Pena described as " gifted in canon law but mediocre in theology " 24 ) that the Indians were children entrusted to Spain. At ninety he was still publishing works critical of the colonial system, opposing policies at the court and revising his historical writings. The ideals of Las Casas continued and expanded in the work of some professors and in the lives and writings of dozens of zealous followers throughout the Americas like the Franciscan Juan de Zumarraga, first bishop of Mexico, and bishops in Guatemala, Panama and Columbia. No small number of priests, little known today, wrote their own " relations " attacking the condition of the Indians and offering alternatives. 25 The Salamancan School Ramon Hernandez's articles sketch the tradition of the Salamancan school from 1500 to 1600 in its theological critique of colonial exploitation. 26 This " second Thomism " was a conservative theology, drawn from the scholasticism of the thirteenth and fourteenth centuries and expounded in occasional pieces and in commentaries on the Summa theologiae and the Sentences of Peter Lombard. If Vitoria and Soto were the central and catalytic figures, the tradition of writing on the Indies continued in Banez and Cano, and some experts think that Juan de la Pena, lecturing on the Summa theologiae in the 1550s and 1560s, ranks with Debello contra insulanos, Corpus Hispaniorum de Pace, vol. 9, p. 212. a list see G. Lohmann Villena, "La projecci6n en las Indias de las doctrinas de Vitoria y Las Casas: de la teoria a la praxis," I. Diritti, pp. 140-151. '2 6 The best survey of the school's theology defending the Indians as stimulated by Dominican missionary reports is R. Hernandez, " Doctrina americanista de los teologos de San Esteban" in Humanismo cristiano, pp. 197-351 (a shorter version, "La Escuela Dominicana de Salamanca ante el Descubrimiento de America," appears in the acts of the first congress ; Los Dominicos I, pp. IOlff.). 24 25 For SALAMANCA AND THE SPANISH CONQUEST 567 Vitoria. 27 One stimulus for the Spanish theological Renacimiento in the sixteenth century was the burning issues raised by the meeting of new peoples in the Americas. 28 Andres Martin Melquiades lists the following characteristics of this Spanish Dominican school, and aspects of its tradition and approach: ( 1) the elimination of useless, antique or linguistic issues; ( 2) a continuity with the past, not only with Aquinas and previous Salamancan friars but with Scripture and the Fathers; ( 3) an attention to contemporary moral and pastoral issues ; ( 4) a literary clarity and balanced judgment; ( 5) an interest in methodology but also a search for truth in ideas which reflect realities-in short, a practical realism but one opposed to a positivism of logic and authorities. 29 In researching this school there is much work to be done. Some writings on the Indians (for instance, by Cano) exist only in manuscripts, while some of the commentaries on the Summa theologiae by professors like de Soto and Banez-precisely in the areas of divine image, faith, baptism, grace and the headship of Christ-are not yet published. Thomist Theologians and the Human Person L. Perefia gives a bibliography of " Academic Sources on the Indies " which lists eighty-nine authors from all religious orders between 1534 and 1588 who wrote on the situation of the Indians. so Experts distinguish three periods in the sixteenth century of theological and pastoral conflict over the Indies as the church came to the Americas. The years 1540 and 1570 were dividing lines. A marked creativity existed in the first period; next came 27 For biographical and bibliographical information on Juan de la Pena see his Ecclesiologia. Replica a la Iglesia de Lutero, R. Hernandez, ed. (Salamanca: ESE, 1987), essays by Hernandez, and Corpus Hispaniorum de Pace, vol. 9. 28 V. D. Carro, "Introducci6n General," to Domingo de Soto, De la Justicia y del Derecho ... Introducci6n Hist6rica y Teol6gico-Juridico, V. D. Carro, ed. (Madrid: Instituto de Estudios Politicos, 1967-1968) 1, p. Liii. 29 Melquiades, pp. 243£. ao "Fuentes Academicas Indianas (1534-1588), "FVE, pp. 661-699. 568 THOMAS F. o'MEARA, O.P. a time of expanding theological reflection on the directions already established; the third period brought an acceptance of fixed ecclesiastical and colonial institutions, discussions over precise ethical and colonial issues, and a reflection of the problems and themes of the Council of Trent. 31 Vitoria represented the central period of exposition. His colleague and successor, Domingo de Soto, presented in his De Dominio of 1535 and De Justitia et Jure of 1553 mature critiques through natural law of using the preaching of the Gospel to exploit the Indian nations : the Indians have true civil power," for faith does not destroy nature but leads it to its fullness." 32 The tradition continued with theologians like Cano and Banez, well known for their writings in other theological areas. The Salamancans worked to formulate and present convincingly a theory which was also a praxis. Rapid colonial expansion, traditional and new issues brought shifts in philosophical and theological emphases. And yet, the authority of Aquinas kept the thought-forms and conclusions much the same. The Dominicans worked largely in a philosophy of human rights grounded in the thought of Thomas Aquinas. Maurice Beuchot sums up : " The school of Salamanca defended natural law, a natural law based on the divine law and itself establishing the basis of the law of nations. This key perspective of a theology of law defended divine law because this proceeded from the free and gratuitous revelation of God which helped the natural without destroying it. It defended a positive law of nations because si For the 1560s and 1570s, see L. Perena, " La Escuela de Salamanca y la duda indiana," FVE, pp. 319ff. s2 De Justitia et Jure lib. IV, q. 4, a. 1. See Relecci6n "De Dominio ". Edici6n critica :v Traducci6n con Introducci6·n ... , J. Brufau Prats, ed. (Granada, 1964). On Domingo de Soto see V. Beltran de Heredia, Dominga de Soto, Estudio biografico documentado (Salamanca: ESE, 1960); see also Carro, La Teologia :v los Teologos-juristas espanoles ante la Conquista de America (Salamanca: ESE, 1951), El Maestro Fr. Pedro de Soto (Salamanca: ESE, 1944). See too J. Brufau, " Revision de la primera generacion de la escuela," FVE, pp. 383ff., a summary of his La Escuela de Salamanca ante la conquista de America (Salamanca: ESE, 1988); "Francisco de Vitoria y Domingo de Soto," Los Dominfros 2, pp. 43ff. SALAMANCA AND THE SPANISH CONQUEST 569 this law, as interpreted within an Aristotelian-Thomist tradition, ... offered some universal norms," 33 It is a mistake to view the thought of the Dominican Thomists as only political philosophy. In some works and authors biblical themes and patristic citations are prominent and in some they are not. Nonetheless, the foundation of this political theology lay in the scholastic interpretation of the essentials of the Gospel through philosophy; this theology had not yet been compartmentalized into, e.g., dogmatic and moral theology. Behind the defense of natural rights lay a view of the Creator as 'a planning and loving intellect whose orders of creation and of holiness followed similar patterns respecting the activities of created causes: this was not the view of an Ockham or a Luther. The view of human nature, the challenge of the fallen human condition, and the "time of grace" after Christ form the background to philosophical and juridical questions. The ultimate principle is a theology of the incarnation brought to an intense form in Aquinas : grace does not remove, destroy or create human nature but heals and enhances it, leading to that deeper life which is its destiny. 34 Sermons, treatises, commentaries, lectures and meetings unfolded their reflections on civil law, canon law, philosophy and theology defending the Indian nations. A dominant theme was the defense of the rights of the Indians against the various justifications for invasion, war, conquest and enslavement. Here one can see five sets of issues: ( 1) the justifications for violence against native peoples based upon their religious practices; (2) the justifications for violence against native peoples in terms of the natural law articulating true human behavior; ( 3) the pretensions of papacy and emperor to have dominion over non-Christian peoples; ( 4) the conditions for evangelization, the depth of preaching and the order of catechesis, the degree of commitment of the neophyte and the timetable for baptism and the other sacraments ; ( 5) brief allusions to a theology as B. Beuchot, "El primer planteamiento teologico-juridico sobre la conquista de America: John Mair," CT 68 (1976), 213. 34 Summa theologiae,I, 1, 1. 570 THOMAS F. o'MEARA, O.P. of the image of God, the extent of the influence of original sin, and implicit faith and the absence of faith. 85 Principles from the Summa Theologiae The Dominican professors lectured on the thought of Thomas Aquinas in Salamanca's university halls. Their basic arguments affirming the rights of the Indians and criticizing the increasingly violent methods of the Spanish conquest (even the entire conquista) were drawn from a few articles of Aquinas's Summa theologiae. The neo-Thomist revival and membership in the Dominican school kept them focused on the works of Aquinas. They knew and argued against nominalist and Scotist positions, and they referred briefly to a distant precursor of the Reformation, John Wiclif ( 1329-1384), condemned by an ecumenical council, because his two books on divine and civil dominium suggested that jurisdiction and political exercise and rights depended upon the presence of grace. This theology was cited as an opinion which might justify the treatment of infidels as creatures without rights (something Wicliff never foresaw), but no Spaniard would want to be associated with a distant position ecclesiastically condemned. The Salamancans' creativity, informed by two to six decades of contacts with missionaries, teachers, and bishops in the Indies, lay in applying a few ideas to a dramatically new situation. The Salamancan defense of the Indians found support in one particular question on faith by Aquinas. Indeed, from Paz to Cano this question is a central source, and some of the writings on the Indies are a gloss on the tenth question of the II-II in the Summa theologiae. To combat the colonial excuses for exploitation the friars in chairs of theology expounded the distinction between negative and positive infidelity. " If unbelief is taken as a pure negation," Aquinas wrote, " it is not a sin " ( 10, 1). Ignoras Las Casas lists six similar issues in his debate with Sepulveda (R. Hernandez, "Las Casas y Sepulveda frente a frente," CT 102 [1975], 232) and Vitoria lists four ( [l] servants or slaves by nature? [2] sinners who cannot exercise social dominion? [ 3] infidels who can have no human or social power? [4] creatures lacking reason ?) ; De lndis, pp. 13f. SALAMANCA AND THE SPANISH CONQUEST 571 ance of Christ (and consequently life without baptism) did not in itself damn. The absence of the Christian message and faith were not excuses for conquest, nor was forced entry into the church for individuals or groups encouraged. Through no fault of their own the Indians had not heard of Christ; their lack of belief was not a sin but an absence. Like Cornelius they might have " implicit faith since the truth of the gospel was not yet manifest " ( 10, 4, 3). In the same articles on faith Aquinas spoke against coercing anyone, child or adult, into religion and church. The Dominican of the thirteenth century rejected coercion in religion (" nullo modo" [10, 8,]) because it was contrary to natural justice ("repugnat justitiae naturali" [ 10, 12] ) . The later Salamancan Dominicans often mentioned that Scotus had offered an exception or two. 36 If an Indian people was involved in perpetuating superstitious religion, dubious rituals, and practices against the natural law, should they not be conquered? Were not actions against the natural law (cannibalism and human sacrifice were prominent examples) reasons for conquering and controlling these nations? Soldiers, adventurers, viceroys, and colonists expected an affirmative answer. The Thomist theologians, however, responded that civil leaders were not obliged to try to correct every evil, to play God. In the Americas greater evils like warfare, conquest, and enslavement would result. Aquinas had written that war might come " not indeed for the purpose of forcing belief ... but to stop those impeding faith " ( 10, 8), but force in this defensive mode was always dubious because of scandal, i.e., permanently alienating a people from any interest in the Gospel (10, 10). The Indian culture had its special nature, goodness and identity. Indian political structures emerged out of natural law and 8 6 " Scotus argued that forcing infidels, even if they do not become true believers in their spirit, is less evil, for then they do not serve illicit laws with impunity . . ., and later their offspring will be among the faithful." Domingo de Soto, Commentariorum in IV Sententiarum (Salamanca, 1557-1560), dist. V, q. 1, a. 10. 572 THOMAS F. O'MEARA, O.P. not from a humanity totally corrupted by the fall. Aquinas had concluded: "Divine law's realm, which is from grace, does not take away the realm of human law which is from natural reason " ( 10, 10). Neither the fact that the Indians were not Christians nor their involvement in questionable forms of cult or immorality argued for the employment of violence against them, although such excuses had been eagerly sought and applied by colonizing forces. Evangelization and baptism did not render political structures invalid. To fashion arguments against the justifications for war brought forth by figures like Sepulveda-Aristotelian natural servitude and sins against the natural law-the Thomists built upon two basic principles : the natural liberty of the Indians as rational creatures made in the image of God, and a critique of the colonizing state's reasons for invading, conquering and enslaving the Indian nations. Wars whose legitimacy can even be discussed, Vitoria stated, result not from attacking people for their religious and moral limitations but from a clash of positive quests for freedom. 37 Baciero describes the generation of the 1530s and 1540s in this way: "They are preoccupied above all with resolving the human problem, with safeguarding the concrete rights of the Indians by giving a new and definitive orientation .... They want to offer a new model of Indian society which fosters a peaceful coexistence among Spaniards and Indians. The Indian problem has been amplified by so many direct testimonies from experience and direct contact, and this is a characteristic of this second generation at Salamanca. The serious problem of the Indians in this phase of maturation calls for the application of definitive remedies ... " 38 This movement reached even to Rome and the papacy. Around 1535 a Dominican missionary, Bernadina de Minaya, interrupted his evangelical labors to return to Spain to protest the treatment of the indigenous. Since he found little support, he went to Rome to complain to Paul III that the view of the Indians as subhuman 37 Baciero, 38 Baciero, " Conclusiones," p. 455. " Conclusiones," p. 456. SALAMANCA AND THE SPANISH CONQUEST 573 was used as a shallow excuse for conquest. Minaya was continuing approaches to the papacy by Dominicans begun in 1512 and still pursued in 1535 by Julian Garces, bishop of Tlaxcala (Las Casas in 1517 and Vitoria in 1532 had also challenged the charge that the indigenous lacked freedom and intellect). Apparently taking seriously these representations and overcoming his tendency to vacillation, Paul III issued in 1537 the pastoral letter "Pastorate 0 fficium" to the Archbishop of Toledo, Primate of Spain. The Pope began with the picture of one human race called to eternal life and possessing " the nature and faculties enabling it to receive that faith." Those living in all the vast regions of "the Indies" were human beings with liberty and dominion, capable of faith and salvation, and they were to be drawn to the Gospel by preaching and good example. The letter threatened with excommunication those who deprived them of their goods and dominion or who led them into slavery. 39 Two years earlier Las Casas had written to the court that from Nicaragua twentyfive thousand slaves had been sent to Panama, and the same number to Peru. 40 We want to look further at theologians from two periods : Francisco de Vitoria and Domingo Bafiez. Francisco de Vitoria Vitoria's is not the first theological protest, but he is a theologian of human rights from that century and that school. Entering the Order in 1505, he studied in Paris and was exposed through Erasmus and others to humanist and nominalist perspectives which perhaps directed him toward concrete problems. He studied in Paris with Peter Crockaert, a professor who in the 89 Denzinger-Schonmetzer, Enchiridion Symbolorum (Freiburg: Herder, 1963), 1495; on the papal documents of this period see J. Muldoon, "The Spanish Experience," Popes, Lawyers, and Infidels. The Church and the Non-Christian World, 1250-1550 (Philadelphia: University of Pennsylvania, 1979), pp. 137ff., and on the Dominicans' influence on Paul III, Lewis Hanke, "Pope Paul III and the American Indians," Harvard Theological Review 30 (1937), 65ff. 40 B. M. Biermann, "Zwei Briefe von Fray B. de Las Casas,'' Archivum Fratrum Praedicatorum 4 (1934), 187ff. 574 THOMAS F. dMEARA, O.P. lecture hall had replaced Lombard's Sentences with Aquinas's Summa theologiae. Vitoria's lectures drew together contemporary social and ecclesial issues and the medieval text. 41 After 1523, he taught in Valladolid and after 1526 in Salamanca. He wrote fifteen special treatises, among them the famous De lndis (finished in 1532 and published in 1557) and De jure belli. As his commentary shows, he found in Aquinas both framework and insights for the issues of imperial Spain and Christianity 42 But in 1539 a letter came from Madrid, from Charles V to the Dominican superior in Salamanca: it demanded the theologian's cessation of publication and lecturing, the seizure of his manuscripts, and the prohibition of their circulation. Vitoria was already exhausted and sick; he stopped teaching in 1540, was unable to guide his texts toward publication, and died in 1546. Victoria's thought was fashioned by what he learned of the invasions of Peru, Mexico, Guatemala and Chile, and this led him to conclude that civil and canon law were not the field of battle. Rather, the central issue was the theological and philosophical nature of the human being. He saw all human beings as fundamentally equal : all were free and all were images of God; differences came from culture and education. Therefore, the Spanish were not to exploit the riches of the Americas to the detriment of the populations. The Indians had domination over their own goods; their nations and towns were autonomous. Differences between them and the Spaniards did not provide reasons for depriving them of their social and human rights. For Vitoria the only reasons for a conquest which could be brought forward were those which protected human rights-but such reasons were not 4 1 On Vitoria's intellectual life see the many essays in I Diritti, particularly R. Hernandez, " Francisco de Vitoria en la crisis de su tiempo," pp. 31-62; Hernandez's Un espanol en la ONU, Francisco de Vitoria (Madrid: EDICA, 1977), and his introductions to Doctrina sobre los Indios and Derechos Humanos en Francisco de Vitoria, Antologia (Salamanca: ESE, 1984), and "La Hip6tesis de F. de Vitoria," FVE, pp. 345ff. On the legal and canonical sources of Vitoria and the issue of "dominium" see Muldoon, pp. 143ff. 4 2 And yet he could observe : " Some treat Aquinas or Scotus like a Gospel." Hernandez, "Francisco de Vitoria," I. Diritti, p. 55. SALAMANCA AND THE SPANISH CONQUEST 575 present in Spain's expansion of its empire. The Indians could be confided to the tutelage of the Spaniards for a time so that their human life might be improved, but free and prior consent must be present. The emperor should rule over a community of free peoples, and his laws were just when they preserved and promoted the totality of their life. The Indians had a right to good government, one which was gradual and progressive, one which expanded education and permitted the imperfect social structures it could not correct. At the end of his examination in De Indis of the eight false " titles " which Spain proffered justifying its colonialization, Vitoria concluded: "From this entire study it appears one must conclude, that, if all these titles are false, the Hispanic expeditions must cease." 43 L. Perefia observes: "This project of colonial society defined by Vitoria and his disciples surely constitutes the greatest revulsion ever against European colonialization." 44 In his daily lectures, scholarly commentaries and public " relecciones" Vitoria worked to attract committed followers to his view. The main university chairs of theology were occupied by disciples of Vitoria. His manuscripts passed from hand to hand . . . The doctrine of peace acquired its real dynamism and identity in a community of thought; it unfolded within a common approach which found completion in some great academic syntheses. For the faculty of theology constituted the center of the schools, and the chairs of theology were the main channels for presenting his doctrine of dynamic peace and helping it infiltrate national awareness. 45 Professors of a legalistic and conservative mentality, not to mention ministers of imperial power, objected to his beneficent principles admitting of few exceptions. But Vitoria saw Spain's dominance as temporary and legitimated by the free agreement of the ·4BRelectio de lndis, L. Perefia, ed. (Madrid: C. S. I. C., 1967), p. 98; Relectio de lure Belli o Paz Dinamica, L. Perefia, ed., Corpus Hispaniorum de Pace vol. 6 with bibliography, essays and writings from other Dominicans on the topic of war in the Indies. 44 L. Perefia, "La Escuela de Francisco de Vitoria," I Diritti, p. 93.; see L. Perefia, "Francisco de Vitoria: consciencia de America," Los Dominicos 2, pp. 93ff. 4 5 Perefia, "La Escuela de Francisco," p. 94. 576 THOMAS F. O'MEARA, O.P. occupied nations. He argued for a new approach, a renewal which was expressive of a theology and a philosophy of human rights; it would end the numerous evils and unjustified institutions in place in Cuba and Peru. Such a renewal would offer guidelines for fashioning societies where all human beings, European and Indian, Christian and non-Christian, would live not only in justice but in increasing cultural progress. 46 Domingo Banez Experts see in Bafiez, who occupied a chair of theology in Salamanca after 1581, someone continuing the teaching of Vitoria. Bafiez did not compose many monographs on the Indies but treated these issues in his commentary on the Secunda secundae of the Summa theologiae, in the questions on faith, hope and charity published not long after he began his lectures on this text. 47 Elaborating the ideas of Aquinas on the perdurance of natural rights in non-believers and on the positive relationship of natural law to the arrival of grace, Bafiez (explicitly referring to Las Casas and Vitoria) treated at length certain specific issues like arguments cited to support the invasion of Indian villages because of human sacrifice. The problem of Christian " liberty " (Mt. 17 :26) had become prominent. This liberty might encourage the Indians to abandon all social structures and leadership after baptism; or, strangely, it might imply that baptismal new life brought the new Christian to the lowest rung of every social ladder. Christian freedom is a deeper reality than escaping from one society to another, and grace does not destroy the structures of natural society. Moreover, non-Christians could have dominion over Christians. Interestingly, while compulsion was repugnant to true faith, Bafiez concluded that Indian peoples could be compelled to hear preaching on the Gospel "at least once," but then they should be free of pressure. issues and Decades of colonial expansion explain why conclusions were complex. Like the practical issues of the Indies, 46 Perefia, " La Escuela de Francisco," pp. 94£. 4 7 See R. Hernandez, " Domingo Banez, Continuador de Francisco de Vitoria en la doctrina internacionalista sobre las Indias,'' Los Dominicos2, pp. 6Uf. SALAMANCA AND THE SPANISH CONQUEST 577 the theological issues had become intricate. And yet, seventy years after his confrere, Matias Paz, first addressed the situation, the same Thomistic texts were being employed to combat the same colonial abuses. We might end our considerations of the Salamancan theologians defending the Indians by looking at two facets of this theological enterprise : one of strength, one of weakness. Study and experience led this school to conclude that neither the pope nor European Christian monarchs had jurisdiction over the Indian nations. The natural law which brought individual rights also brought the structures of human societies, and these grace met but did not destroy. Vitoria's chapter headings in the De Indis repeatedly demolished the tenets "that the pope could entrust to the Spanish alone the preaching of the Gospel," or that the pope is civil or temporal lord of the whole world or has any jurisdiction over the Indies. De Soto concluded: "In the pope there is no power which is merely temporal." 48 A marked weakness in their thought was the view of slavery. Generally they could not escape from the texts of Aristotle holding that slavery was in theory possible. The Salamancans thought that slavery could result from only one situation, being a prisoner of a just war. Consequently war became for the colonists an instrument of legitimizing slavery: they sought excuses for wars against towns so that the losers might legitimately be enslaved. So abstract principles, even in their minimal exemplification, opened the door to slavery in the Indies and were used to justify the condition of slaves from Africa then beginning to arrive m the western hemisphere. 49 In IV Sent., dist. 5, q. unica, a. 10. de Mercado after spending some years in Mexico entered the Dominicans in 1552 in Santo Domingo; at Salamanca he received further education so that he might teach in the Mexican university, and at the end of his schooling in Spain published his Suma de Tratos y Contratos which discussed slavery. While he bemoaned the extension, conditions and effects of slavery (his example was African slaves), he said there was general agreement that such commerce could be " a licit sale and de jure gentium." See L. Sastre, "Teoria esclavista de Tomas de Mercado," CT 80 (1989), 27ff. and his articles in Los Dominicos 1, pp. 675ff. and Los Dominicos 2, pp. 287ff. 48 49 Tomas 578 THOMAS F. o'MEARA, O.P. Wider Grace For Christianity-for Augustine and for Aquinas-there were no people existing in a state of pure nature. The Indians were neither automatically damned nor inhabitants of paradise but they too lived in a world permeated by two atmospheres, sin and grace. Aquinas had briefly pursued the mystery of how wider worlds beyond Christendom might be touched by grace. 50 Grace might reach the nations who had not heard the Gospel through theologies of baptism ex voto (III, 68, 2), implicit faith (II-II, 2, 7, 3), and the orientation of 'the first adult human act (I, 89). There had been historical degrees of belonging to Christ (III, 8, 3), and the image of God was universally present in human intelligence and freedom (I, 93). Aquinas concluded that God's grace is not limited to sacraments (I-II, 113, 3). Scholars have yet to examine all these themes in the commentaries of all the Salamancan Dominicans in the sixteenth century. Unfortunately for us, these theologians did not discuss the issue of the existence of grace in the Indians' lives to any great extent. 51 As an illustration of the shock of the discovery of the Indies, we find Mattias Paz convinced that surely in the distant past an Apostle or an apostolic disciple had once brought the Gospel to "the Indies." But Vitoria's lectures on the Summa's questions on faith (given between 1527 and 1534) did treat what he called "this major question" of salvation and faith in Christ. He noted that faith is a kind of knowledge and comes not as a test or an obstacle but as a help moving us towards God. Vitoria noted the different degrees of faith even among Christians, some of whom are little instructed in the Gospel. Observing that 5'0 See Otto Pesch, Thomas von Aquin (Mainz: Matthias-Grunewald, 1988) ; J. Quigley, Salvific Faith and the Non-Evangelized: An Appraisal of Aquinas' Theology of Implicit Faith (Rome: Angelicum, 1984); G. Sabra Thomas Aquinas' Vision of the Church (Mainz: Matthias-Grunewald, 1987) ; M. Seckler, "Dan Haupt alter Menschen," Virtus Politica (Stuttgart: Fromann, Holzboog, 1974), 107ff.; "Das Heil der Nicht-evangelisierten in der Sicht des Thomas von Aquin," Theologische Quartalschrift 140 (1960), 38ff. u Slight information drawn from often inaccessible texts of Vitoria, de Soto, Cano and Banez is in L. Caperan, Le Probleme du salut des infideles, Essai historique (Toulouse: Grand Seminaire, 1934), pp. 251ff. SALAMANCA AND THE SPANISH CONQUEST 579 Aquinas considered the question of how people had faith in Christ before the incarnation of Jesus, he concluded (but without ever mentioning the populations newly contacted): It must be said that those (living) in natural law were able to be saved, as all say, if they believed God to be a rewarder to all seeking him, and in that faith is included the faith in a Mediator .... So this is the resolution of the Doctor (Aquinas) : in the law of nature human beings can be saved with that faith which Paul states in Hebrews, chapter eleven. We do not deny that in the law of nature revelation of Christ has been revealed to many; moreover, in general, if anyone following nature's light would know those two thingsnamely, that God is and that God is a rewarder to those seeking him-and worship God, that one would be saved.52 Vitoria concluded (apparently alluding to a special treatment of this topic which he was planning) that an adult, even invincibly ignorant of the Gospel, can be met by grace, " for a special conversation of God with the human being occurs always in the condition of the natural law and so a kind of revelation takes place." 53 Here we have an early theory of how, in a psychological milieu of grace, grace discloses in free action some kind of orientation and even content of " revelation " related to meaning and love. In the 1540s, Domingo de Soto found this an uncertain problem. For him the acknowledgements of God's existence and of his rewarding relationship to humanity as well as a respect for the natural law were openings toward justification. A kind of actual grace aided these movements. There were degrees of implicit and explicit faith. And yet, too implicit a faith might require one more explicitly Christocentric before attaining its eschatological reward. 54 In the 1580s, Bafiez's theology of salvation outside of baptism and prior to evangelization centered around the issue of implicit 52 Francisco de Vitoria, Commentarios a la Secunda secundae de Santo Tomas, V. Beltran de Heredia, ed (Salamanca: ESE, 1932), 1, pp. 66f., 77ff. 53 Vitoria, Comentarios a la Secunda secundae, 1, p. 1, n. 11. 54 De Natura et Gratia (Venice, 1547), II, xi. An edition of this work two years later (Paris, 1549) holds that more than reason's acceptance of natural law is required. 580 THOMAS F. O'MEARA, O.P. faith and baptism of desire. This had been debated at length in the second half of the sixteenth century by his predecessors like Cano and de Soto but also by Franciscan and Jesuit theologians. He began a treatment of baptism by noting that faith and grace are necessary not as arbitrary rules from God but as unavoidable means of encountering grace and eschatological life. Baptism exists not only in its liturgical form but " in voto " : an intention, will or orientation from which arise faith and love. At issue is not the legitimacy of an acceptance of grc:1.ce by desire but the intensity and religious content of that desire. Does an implicit desire for that which baptism sacramentally and symbolically offers suffice? It does when this intention holds a general but real intent of keeping the law of God and of pleasing God.55 This is present in the newly discovered lands when people "do what lies within them by observing the law of nature", for the Gospel has not been universally preached effectively.56 On the one hand, Banez argues against the purely spiritual baptism of some of the Protestant reformers; on the other hand, his commentary shows breadth but also careful qualifications in the treatment of grace outside of baptism. Still, the Salamancan Dominicans were sparse in their theologies of this topic. They were concerned with warding off the attacks of those who believed that the Indians were by birth or nature evil, that they were non-human, incapable of faith, fixed in sin, or intrinsically immoral. From the Gospel and Aquinas they learned that grace was tied to faith, and so, as the sixteenth century progressed, discussions of degrees of implicit faith adequate for the arrival of salvific grace proliferated. The theologians were obviously convinced that all Indian life would benefit from the teaching and the morality of the Gospel as well as from learning arts and crafts. Perhaps the reports of cannibalism and human sacrifice were exaggerated, but both Augustine and Aquinas 55 Comentarios ineditos a la tercera parte de Santo Tomas, q. 68, 2; V. Beltran de Heredia, ed., II (Madrid: C. S. I. C., 1953), p. 179; see D. Banez De Fide, Spe et Charitate ... Scholastica Commentaria in 2am 2ae (Venice, 1602) II, a. 8, dub. ult. col. 362ff. 56 Commentarios ineditos a la tercera parte ... , pp, 182, 185. SALAMANCA AND THE SPANISH CONQUEST 581 taught that original sin, unchecked by grace, was a contagion which spread and easily corrupted human life, individual and social. That central text of the Summa theologiae, II-II, 10, 1, after stating that negative infidelity was no sin, implied that damnation might come not infrequently from other sins exacerbated by original sin. The theologians presumed evangelization to be of value, indeed worth the sacrifice of the lives of their many brothers who left Salamanca for Espanola, Mexico, Guatemala, Peru, and even more remote lands. Salamanca and the Americas Salamanca and the Dominicans at San Esteban contributed to the modern law of nations, the foundations for social ethics, and the defense of human rights over against encroachment by state or religion. In theology they became famous for their positions in the argumentation and exposition of Tridentine and Baroque theologies of grace and freedom. Their writings, however, also touched on the historical stages of religion and revelation and on the psychological modes of the acts and degrees of faith. Historians today are busy describing what they call the " projection" of Salamanca-the university and the Dominican school -into Central and South America. That university provided the first teachers, bishops and university professors in the Americas. Scholars have researched several hundred people of some significance who studied at Salamanca and were connected with the Americas. 57 The Dominicans founded a studium in Espanola in 1533, a single university chair of theology in 1534, and a uni5 7 See A. Rodriguez Cruz, Salmatica docet, La Proyeccion de la Universidad de Salamanca en Hispanoamerica, 1 (Salamanca: Universidad, 1977); two more volumes are to appear. See A. Ortega, "El Humanismo Salmantino en la conquista de America," Humanismo cristiano, pp. 135ff. and F. Martin, "Universidades, colegio y otros centros de formacion," Humanismo cristiano, pp. 7ff. A. Rodriguez Cruz, "La Influencia de la universidad de Salamanca •.. , " Los Dominicos 1, pp. 663ff. offers an alphabetical list of 136 Domini· cans active as teachers or missionaries in the sixteenth century; see also Cruz' wider list, "Alumnos de la universidad de Salamanca en America," in FVE, pp. 503ff. 582 THOMAS F. o'MEARA, O.P. versity in 1538.58 And then they founded (from 1538 to 1791) universities in Lima, Mexico City, Bogota, and Santiago, as well as the universities of San Carlos in Guatemala, of Santo Tomas in Quito, Ecuador, and of San Antonio in Cuzco, Peru. A bibliographical study similar to these pages could be done for the Franciscans or Augustinians, or for particular regions. The range of the hundreds of essays appearing in this anniversary year is wide. They treat unknown theologians and early bishops, juridical tracts and theological commentaries, Matias Paz and Juan de Zumarraga, Indian grammars and Indian art, catechisms, styles of evangelical preaching, and the canon law of marriage as interpreted for the culture of the Indians. A few of these articles are repetitive and some are summaries of other essays. But anyone interested in the philosophy of human rights and ethics, in issues like the presence of grace outside of baptism or the pastoral expression of the Gospel in new cultures will be excited and sobered by many thousands of pages of research with more volumes yet to appear. 58 A. Huerga, "La Obra intelectual de la orden de predicadores en America," Los Dominicos 1, pp. 703ff. AQUINAS ON DISORDERED PLEASURES AND CONDITIONS ANTHONY c. DALY, S.J. St. Louis University St. Louis, Missouri I T IS A COMMONPLACE that various philosophies, besides being supremely important intellectually and morally to individuals, have exercised a powerful influence on culture through their proponents acting individually and in schools. Sometimes, too, philosophers and theologians made venerable by antiquity are cited in policy disputes, both secular and ecclesiastical, which have a definite political aspect. The obvious hope is that the struggle can be won more easily with the added support of a revered authority. This seems to have been the case recently in the debate over homosexuality. Bruce Williams, O.P., wrote a commentary 1 on a letter from the Roman Catholic Congregation for the Doctrine of the Faith, " On the Pastoral Care of Homosexual Persons," in which he adopts the position that the homosexual condition cannot be considered "all right". He bases his argument explicitly on the scholastic maxim ' agere sequitur esse' (acting fol.., lows being) ; if the action is distorted, so is the condition from which it follows. But in disputing this position another commentator on the Roman letter, Gerald D. Coleman, S.S., 2 has named Thomas Aquinas as a key scholastic philosopher who should logically be counted as his own ally. Coleman seems to say 1 "Homosexuality: The New Vatican Statement," Theological Studies 48(1987), pp. 259-77. My thanks to Jesuit Fathers Harry R. Kloeker, Robert W. Mulligan, and David A. Wayne for advice and encouragement during the preparation of this article. 2 "The Vatican Statement on Homosexuality,'' Theological Studies 48(1987), pp. 727-34. 583 584 ANTHONY C. DALY, S.J. that although Thomas" would name the homosexual activity ... as ' distorted '," he would not think of the homosexual condition in this way. 3 Before entering in detail into Thomas's actual thought on the matter, it seems important for humanitarian reasons to note specifically, as did the Roman Letter, Williams, Coleman, and Thomas himself, that a disordered condition need not imply moral culpability. The case is clearer when the disordered condition is a physical handicap. 4 In that case it isn't morally wrong to be handicapped, yet it isn't " all right " to be physically handicapped either, except insofar as "it's all right" means that a person would rightly accept and love himself or herself, handicap and all. A disordered condition may involve a physical evil or perhaps a psychological evil, but does not necessarily involve a culpable moral evil. With this proviso the way is open for a frank discussion of Thomas' s actual ideas about homosexuality. They are certainly worth the consideration of any contemporary philosopher or theologian who might be interested in this issue, and for others the subject involves a facet of the history of ideas well worth noting, expecially since from this angle it is easy to focus on Thomas's general thought about disordered conditions and pleasures. The investigation also forms a case study in the way Thomas used philosophy in forming and articulating his theology. Here, despite the fact that much of the material as Thomas expressed it has a theological formality and purpose, it is from philosophy that he derives his arguments, their thought structure, and their underlying insight. Pleasures, Actions, Habits, and States In order to help him refute Williams's point that a homosexual 8 Coleman, "Statement," pp. 732-34 (quotation from p. 733); Williams, "Homosexuality," pp. 263-69. 4 See Williams, " Homosexuality," p. 266, quoting Marc Oraison, The Homosexual Question (London: Search, 1977), p. 115; Coleman, " Statement," p. 734 and n. 30 (Coleman does not think of homosexuality as a distorted condition). Thomas's thought on the matter is treated below. AQUINAS ON DISORDERED PLEASURES, CONDITIONS 585 orientation is a disordered condition, Coleman quotes Thomas Aquinas, Summa Theologiae I-II, 31, 7. 5 Coleman argues that Thomas had no idea of the contemporary notion of " homosexual orientation", but were he aware of it or something like it, he would logically have to call homosexual acts distorted, but would not call the homosexually oriented person distorted. This seems to mean Thomas would not call the homosexual orientation objectively disordered. 6 Coleman's use of "person" here seems to contravene Williams's caution not to confuse the person as a whole with a condition which is only part of the picture. 7 But perhaps Coleman has simply not attended sufficiently to the distinction discussed above between a moral evil and a physical evil such as a handicap. In any case, a straightforward reading even of the occasionally misleading translation of Article 7 offered by Coleman (p. 733) indicates just the opposite from what he suggests it means. Homosexual relations along with cannibalism and bestiality are classed there by Thomas as activities which can be enjoyed only by someone ailing psychologically. Parallel to these activities are the eating of earth and coals, pleasurable to one suffering from some dispositional disorder, and finding sweet things bitter, and vice versa, as fever patients do. Thomas's obvious point is that these activities are pleasurable to those who do them out of some disordered state, either physical or mental. The pleasures, the acts, and the states from which they proceed are inextricably bound together and all are seen as disordered. The point becomes inescapable when one looks at the whole of Article 7, "Whether any pleasure is unnatural." According to 5 The reference as given in Coleman's article, 1-2, 31-39 (p. 733 n. 29), appears to have been a slip of the pen. It corresponds to the questions contained in vol. 20 of the Blackfriars edition of the Summa [St. Thomas Aquinas, Summa Theologiae: Latin Text and English Translation, Introductions, N ates, Appendices and Glossaries (New York and London: Blackfriars in conjunction with McGraw-Hill and Eyre & Spottiswoode); vol. 20, Pleasure, 1975, tr. Eric D'Arcy]. e Coleman, " Statement," pp. 733-34. 7 Williams, "Homosexuality," pp. 267-69. 586 ANTHONY C. DALY, S.J. his usual format, Thomas first gives the view contrary to his own "It seems that no pleasure is unnatural." This seems to be the case, the argument continues, first because only something connatural can satisfy a bodily appetite. Secondly, whatever is against nature is violent and painful, not pleasant. Third, to become confirmed in one's proper nature, when this is sensed, causes pleasure. But to become confirmed in one's proper nature is natural, since a movement which tends toward the natural completion of each thing is a natural movement. The third point identifies the process of realizing the potential of one's proper nature as a pleasurable process. But since the change or movement which accomplishes this is natural in that it tends toward the natural end or the complete development of each thing, no pleasure is unnatural. 8 Thomas argues against these opinions when he expresses his own view on the matter. Unnatural pleasures are in a sense natural, he says, but only in that they are connatural with the state capable of enjoying them, which in this case is itself contrary to human nature. Thus, strictly speaking and in an unqualified sense these pleasures and their connatural states are contrary to human nature; nevertheless, in a qualified sense these pleasures are natural to the state capable of enjoying them. T e:i:tual Interpretation Although this interpretation of Article 7 is arguable even from the translation offered by Coleman, the translation should be purged of its misleading elements if the case is to be made totally clear. The translation appears to be in fact a verbatim copy of Eric D' Arcy's version in the Blackfriars edition (vol. 20, p. 25). What follows is a transcription of the Coleman translation with italicizing of phraseology I consider misleading in this context and with numbering for easy reference. 8 Praeterea, constitui in propriam naturam, cum sentitur, causat delectationem; ut patet ex definitione Philosophi supra posita. Sed constitui in naturam, unicuique est naturale : quia motus naturalis est qui est ad terminum naturalem. Ergo omnis delectatio est naturalis (Leonine edition). AQUINAS ON DISORDERED PLEASURES, CONDITIONS 587 Now with regard to pleasures of either of these two kinds, there are some which are unnatural, absolutely speaking, ( 1) but may be called natural from a particular point of view. For it sometimes happens that (2) one of the principles which is natural to the species as a whole has broken down in one of its individual members; the result can be that something which runs counter to (3) tho nature of the species as a rule, to be in harmony nith nature for a particular individual, ( 4) as it beco1nes natural for a vessel of water which has been heated to give out heat. ( 5) Thus something which is (6) "against human nature" either as regards reason or as regards physical preservation, ( 5) may happen to be (7) in harmony with the natural needs of this man (8) because• in hini nature is ailing. He may be ailing physically: either from some particular complaint, as fever-patients find sweet things bitter, and vice versa; or from some dispositional disorder, as some find pleasure in eating earth or coals. (9) He may be ailing psychologically, as some men by habituation come to take pleasure in cannibalism, or in copulation with beasts or with their own sex, ( 10) or in things not in accord with human nature. The original Latin runs Secundum utrasque autem delectationes, contingit aliquas esse innaturales, simpliciter loquendo, ( 1) sed connaturales secundum quid. Contingit enim in aliquo individuo corrumpi (2) aliquod principiorum naturalium speciei; et sic id quod est contra ( 3) naturam speciei, fieri per accidens naturalo huic individuo; ( 4) sicut huic aquae calefactae est naturale quod calefaciat. (5) !ta igitur contingit quod id quad est (6) contra naturani hominis, vel quantum ad rationem vel quantum ad corporis conservationem, ( 5) fiat ( 7) huic homini connaturale, (8) propter aliquam corruptionem naturae• in eo existentem. Quae quidem corruptio potest esse vel ex parte corporis, sicut ex aegritudine, sicut febricitantibus dulcia videntur amara et e converso; sive propter malam complexionem, * sive aliqui delectantur in comestione terrae vel carbonum, (9) vel aliquorum huiusmodi: vel etiam ex parte animae, sicut propter consuetudinem aliqui delectantur in comedendo homines, vel in coitu bestiarum aut masculorum, (10) aut aliorum hujusmodi, quao not sunt secundum naturam humanam. 9 9 Emphasis added throughout. The Latin here, and in all the quotations from the Summa which follow, is from the Leonine edition. Here it varies from the Piana edition employed by the Blackfriars edition only in punctua- 588 ANTHONY C. DALY, S.J. If only the elements I consider misleading were changed, the new translation would read Now with regard to pleasures of either of these two kinds, there are some which are unnatural, absolutely speaking, ( 1) but which are in harmony with nature in a qualified sense. For it sometimes happens that (2) one of the natural principles of the species has broken down in one of its individual members; the result can be that something which runs counter to ( 3) the nature of the species becomes natural to a particular individual in respect to the qualification it has undergone<, ( 4) just as it is natural for sonie particular heated water to give out heat. ( 5) Thus it comes about that something which is (6) against human nature either as regards reason or as regards physical preservation, (5) becomes (7) proportioned with his own nature in the case of this man (8) '.be·cause of some corruption of nature which exists in him. He may be ailing physically: either from some particular complaint, as fever-patients find sweet things bitter, and vice versa; or from some dispositional disorder, as some find pleasure in eating earth or coals (9) or things of this sort. He may be ailing psychologically, as some men by habituation come to take pleasure in cannibalism, or in copulation with beasts or with their own sex, ( 10) or with othe-r such things which are not in accord with human nature. I want the quotation marks removed from " against human nature " ( 6) because they seem to imply that Thomas does not mean the phrase literally. In so far as this is implied the D' Arey translation is misleading since there are no grounds in the Latin text for such an interpretation. The other emendations represent a closer approach to a word-for-word translation. The freer D'Arcy translation seems at these points to soften Thomas's theme that unnatural pleasures are in a qualified sense natural to an individual, but only in so far as a corresponding corruption of nature exists in him; and that absolutely speaking the pleasure in question and the corresponding corruption of nature are both contrary to human nature. In the case of the last phrase ( 10), the clause " or in copulation with beasts or with their own sex, or in things not in accord with human nature" cannot be made to retion and in that the Piana edition has sicut for the Leonine sive marked with an asterisk above. In his translation D' Arey, and after him Coleman, followed the Leonine edition in this detail. AQUINAS ON DISORDERED PLEASURES, CONDITIONS 589 place "or in copulation with beasts or with their own sex, or in other such things not in accord with human nature." Curiously the translation of Eric D' Arey in the Blackfriars edition reads " or in other things not in accord with human nature " for Coleman's "or in things not in accord with human nature." Even D'Arcy's translation, arguably, would be more accurate, I think, if it read, " as some men by habituation come to take pleasure in cannibalism, or in copulation with beasts or with their own sex or with other such things, which are not in accord with human nature." Thomas's point about water ( 4) seems to be that in its natural state water is cool and cooling, but if heated it becomes hot and warming. He obviously uses the example of water for purposes of illustration and doubtless does not mean to imply that hot water is contrary to nature in the same sense that cannibalism is. Implications In Article 7 Thomas is paraphrasing a passage in Aristotle's Nicomachean Ethics. Aristotle's point, which is discussed further below, is the same as Thomas's 'agere sequitur esse ', acting follows being. For both, if the action is in a primary sense and without qualifications unnatural, it proceeds from a disordered state. My overall inference is that even if either Thomas or Aristotle had been convinced (along the lines suggested by Coleman) that the homosexual orientation is in a primary sense not contrary to nature, neither would have fallen into the inconsistency of saying, on the one hand, that homosexual activities and their corresponding pleasures are disordered, and on the other hand that the condition from which they spring is not disordered. They would instead have classed homosexual pleasures among those natural pleasures enjoyed by some persons and not by others (such as enjoying hot food in preference to cold food), a category listed by Aristotle at the beginning of his discussion of pleasures contrary to nature and noted, received favorably, and illustrated with 590 ANTHONY C. DALY, S.J. examples by Thomas in his commentary on that section of the Nicomachean Ethics. 10 In this commentary Thomas expresses succinctly his view of the relationship among actions, habits, and states. " Because habits are diversified by a complete distinction of objects," he says "corresponding habits will answer to these individual pleasures under discussion; thus some habits will be natural and others unnatural." 11 Unnatural pleasures ( delectabilia non naturaliter) arise in turn from a congenital malignant nature (ex natura corporalis complexionis quam acceperunt a principio) or from the onset of physical or mental sickness (propter aliquas supervenientes aegritudines corporales aut etiam tristitias animales). As a third possibility Thomas says such habits can arise over time through conditioning (propter malam consuetudinem). He does not specify whether this conditioning is freely chosen or imposed by others. In either case the habit itself becomes a quasi nature, a quasi mental illness (fit quasi quaedam natura) .12 Thus he views actions, habits, and states as linked together forming a whole which is either natural or contrary to nature. In this Thomas is on the side of Williams, who worries about the inconsistency of viewing the homosexual condition as not involving an objective disorder and yet maintaining for ecclesiastical reasons that the activities connatural with it are not to be practiced. 13 10 See Aristotle, E.N. 7.5, in the Oxford edition [Aristotle, Ethica Nicomachea, ed. I. Bywater (London: Oxford University Press, 1894)], p. 139 (1148b), 11. 15-16; and Thomas Aquinas, In Eth. Nie. 7.5, in the Leonine edition, vol. 47.2, p. 399, 11. 18-28. See at n. 19 below. 11 Thomas Aquinas, In Eth. Nie. 7.5: Et quia secundum diversitatem objectorum diversificantur habitus, necesse est quod singulis praedictorum delectabilium respondeant similes habitus, puta quod sint quidam habitus naturales, et quidam non naturales (Leonine edition, vol. 47.2, p. 399, 11. 42-46). The Translation is that of C. I. Litzinger, Commentary on the Nicomachean Ethics (Chicago: Henry Regnery Company, 1964), p. 641. Cf. S.Th. I-II, 96,3,R.; 54,2,3; 60,1 ; 62,2. 1 2 See In Eth. Nie. 7.5, in the Leonine edition, vol. 47.2, p. 399, 11. 29-35; p. 400, 11. 82-89. See at n. 29 below. 13 Williams, "Homosexuality," pp. 264-65. AQUINAS ON DISORDERED PLEASURES, CONDITIONS 591 As a curious consequence of this line of thought, if the homosexual condition is in fact contrary to nature one would conclude, as Williams does, that a homosexually oriented person would be under some sort of obligation to change his or her orientation if possible.14 But on the other hand, if homosexuality is to be classed among conditions experienced by some but not by others, all of them natural in the primary and unqualified sense, not only homosexuals but heterosexuals too (and that is the curious point) would presumably be free either to remain as they are, or if it be possible, to change their orientations as they see fit. My point here, though, and in what follows, is not so much to argue the question whether or not a homosexual orientation is in fact an objective disorder, nor is it to discuss a possible obligation to change orientation, but only to set the record straight on the historical question of what Thomas actually said. The Homosexual Orientation As a crucial part of his argument Coleman maintains that St. Thomas had no concept of homosexual orientation similar to what is current today. 15 The basic elements of this concept include, according to Coleman a predominant, persistent, and exclusive psychosexual attraction toward members of the same sex. A homosexual person is one who feels sexual desire for and a sexual responsiveness to persons of the same sex and who seeks or would like to seek actual sexual fulfillment of this desire by sexual acts with a person of the same sex. A distinction is drawn by a majority of authors on the subject between the homosexual condition and the homosexual act.16 To this Coleman adds the notion that many or perhaps most persons do not choose to have a homosexual orientation; instead they discover it as part of their makeup.17 Thus we have a con14 Williams, "Homosexuality," pp. 267, 274-75. See Coleman, " Statement,'' pp. 731-34. 15 Coleman, " Statement," p. 733. 1s Coleman, " Statement," p. 732, quoting George A. Kanoti and Anthony R. Kosnik, " Homosexuality: Ethical Aspects," Encyclopedia of Bioethics 2 (New York: Free Press, 1978), p. 671. 11 Coleman, "Statement," pp. 731-34. 592 ANTHONY C. DALY, S.J. cept of the homosexual orientation which envisions 1) an abiding condition, 2) which is sometimes if not most times discovered rather than chosen, and, implicit in this point, 3) a disagreement discussed by Williams as to whether the homosexual condition arises genetically, through conditioning, through both together, or variously in various cases.18 The Nicomachean Ethics The textual evidence will not support the claim, though, that Thomas, and before him Aristotle, were unaware of the basic elements embraced by today's concept of the homosexual orientation; on the contrary, it is completely possible and even fairly likely that they thought something very similar to it. This is born out in the case of Aristotle in the passage in the N icomachean Ethics (7.5) which Thomas paraphrases in Article 7. The relevant sections are as follows ( 1) Epei d' estin enia men hedea physei, kai touton ta men (a) haplos ta de (b) kata gene kai z66n kai anthr6p6n, ta d' (2) ouk estin, alla ta men (a) dia per6seis ta de ( b) di' ethe ginetai, ta de (c) dia moktheras physeis, esti kai peri touton hekasta (2) paraplesias idein hexeis·leg6 de (2c) tas theriodeis ... hoiois kairein phasin enious ton apegri6men6n peri ton Ponton, tous men 6mois tous de anthr6p6n kreasin, taus de ta paidia daneizein allelois eis euokian, e to peri Phalarin legomenon. hautai men theriodeis, hai de (2a) dia nosous gignontai (kai dia manian eniois, h6sper ho ten metera kathiereusas kai phagon . . . ) hai de nosematodeis e (2b) ex ethous, hoion trikon tilseis kai onukon troxeis, eti de antharkon kai ges, pros de toutois he ton aphrodision tois arresin · tois men gar physei tois d' ex ethous sumbainousin, hoion tois hybrizomenois ek paidon.19 ( 1) Some things are pleasant by nature, partly (a) without qualification, and partly ( b) pleasant for different classes of animals and 1s See Frank M. DuMas, Gay ls Not Good (Nashville: Thomas Nelson Publishers, 1979), pp. 55-103. Even if cast in a deliberately polemic style and featuring sometimes questionable generalizations drawn from the history of culture, philosophy, and religion, this book is an interesting and scientifically informed discussion of the issue of homosexuality. See Williams, "Homosexuality," pp. 265, 273-75, and n. 26 below. rn Taken from the Oxford edition, p. 139 (1148b), 11. 15-19, 21-31. AQUINAS ON DISORDERED PLEASURES, CONDITIONS 593 humans. Then (2) there are things which are not pleasant by nature, but which come to be pleasant (a) through physical disability, ( b) through habit, or ( c) through an [innate] depravity of nature. We can observe characteristics corresponding to each of the latter group (2), just as [we did in discussing (1), things pleasant by nature]. I mean (2c) characteristics of brutishness, for instance ... what is related about some of the savage tribes near the Black Sea, that they delight in eating raw meat or human flesh, and that some of them lend each other their children for a feast; or the story told about Phalaris. These are characteristics of brutishness. Another set of characteristics ( 2a) develops through disease and occasionally through insanity, as, for example, in the case of the man who offered his mother as a sacrifice to the gods and ate of her. . . . Other characteristics are the result of disease or (2b') of habit, e.g., plucking out one's hair, gnawing one's fingernails, or even chewing coal or earth, and also sexual relations between males. These practices are, in some cases, due to nature, but in other cases they are the result of habit, when, for example, someone has been sexually abused from childhood.20 The numbers and letters in parentheses in the English text, which I have duplicated in the Greek text, represent the translator Oswald's interpretation of a very challenging passage. If his interpretation is in error it errs on the side of putting too much definiteness into the categories Aristotle is discussing. For instance, the translator has inserted in the second paragraph the code '2b' which, judging from the first paragraph, indicates " things which are not pleasant by nature, but which come to be pleasant ... through habit." The insertion of '2b' in the second paragraph thus seems to indicate that the items following it are said by Aristotle to be caused by habit. But this is not necessarily so, since '2b' has been inserted into a sentence which reads, " Other characteristics are the result of disease or ( 2b) of habit . ... " On another front, the final sentence of the second English paragraph could refer only to " sexual relations between males," 2 0 E.N. 7.5. The translation is that of Martin Oswald, Nicomachean Ethics: Aristotle (Indianapolis: Bobbs-Merrill Educational Publishing, 1980), p. 189. For Thomas's comments, see at n. 29 below. 594 ANTHONY C. DALY, S.J. but it could as easily refer to the entire second paragraph, as seems most likely to me. It could also conceivably refer in summary fashion to all the unnatural pleasures listed in both English paragraphs. If the final sentence refers only to "sexual relations between males," Aristotle is saying that sometimes they are pleasant due to habit and sometimes due to nature. But he is not specifying here whether the natural defect which is in some cases the cause rendering homosexual relations pleasant is inborn or acquired through some disease. On the other hand if the final sentence of the second paragraph refers either to all the items in the second paragraph or to all the items in both paragraphs, it is still not clear that Aristotle is here assigning only habit as the reason why homosexual relations are pleasant to some persons. He could mean that habit is only sometimes the reason. Nor are these the only ambiguities. Another instance is represented by the very sentence in the second paragraph which received the translator's symbol '2b '. It could just as legitimately be translated, " Other characteristics are the result of quasi-disease, i.e., of habit .... " But even in that case the possible interpretations of the last sentence would retain the same implications as to Aristotle's view of the cause or causes of the homosexual orientation. Obviously the text cannot be pressed with respect to Aristotle's idea of the origins of the homosexual orientation. This conclusion is strengthened by his reference to Phalaris in the first English paragraph quoted above. " The story told about Phalaris " may refer to the sadism and cannibalism of that legendary king of Acragas in Sicily, as Oswald suggests in a footnote, but it could also refer to his pederasty, for which he was also noted. A little later Phalaris is cited as afflicted either with brutishness, which Aristotle seems to class as congenital, or with disease, which Aristotle seems to class as acquired after birth, so that in either case natural disability is the cause for Phalaris of his desire both for cannibalism and for pederasty. 21 21 To further complicate matters, in his commentary Thomas identifies the phrase to peri Phalarin /egomenon with torture: Et primo de his quae fiunt AQUINAS ON DISORDERED PLEASURES, CONDITIONS 595 delectabilia propter perniciosam naturam hominum qui sunt quasi bestiales ... . . . kai ton aphronon hoi men ek physeos alogistoi kai monon te aisthesei zontes theriodeis, hosper enia gene ton porro barbaron, hoi de dia nosous, hoion tas epileptikas, e manias nosematodeis. touton d' esti men ekein tina eniote men monon, me krateisthai de, lego de hoion ei Phalaris kateiken epithumon paidiou phagein e pros aphrodision atopon hedonen. . . .22 In the case of folly, those who are irrational by nature and live only by their senses, as do some distant barbarian tribes, are brutish, whereas those whose irrationality is due to disease, such as epilepsy, or to insanity, are morbid. Sometimes it happens that a person merely possesses one of these characteristics without being mastered by it-I mean, for example, if a Phalaris had restrained his appetite so as not to eat the flesh of a child or so as not to indulge in some perverse form of sexual pleasure. 23 To this last point it might be objected that Aristotle seems to refer to pederasty in the case of Phalarus, whereas his earlier reference seems to be to homosexuality generally, so that in ascribing causes Aristotle might be referring to what he considers two separate matters. Aristotle is of course aware of the difference between pederasty and homosexuality between persons of similar age. 24 But he does not seem to be making a distinction in this context, probably because he is not addressing homosexuality directly here. It comes up only as a part of his overall point that unnatural pleasures derive from unnatural conditions. Like the eye that focuses on a point of interest and leaves the rest of the scene blurred, Aristotle is frequently casual in his treatment ea quae dicuntur circa Phalarim quendam, scilicet crudelissimum tyrannum qui in ipsis cruciatibus hominum delectabatur (Leonine edition, vol. 47.2, p. 399, 11. 49-51; p. 400, 11. 61-63). Nevertheless, he notes the pederasty of Phalaris later and may well consider it part of his brutish condition. See n. 30 below. 22 Oxford edition, p. 140 (1149a), 11. 9-15. 2a Oswald, Ethics, p. 190. 24 In Politics 2.4 Aristotle distinguishes pederasty from homosexual relations between agemates and objects to both there because in that context such love would be incestuous. Thomas interprets the whole matter as heterosexual incest. See the Leonine edition, vol. 48, p. 127, 11. 35-36, and p. 128, l 1. 44-84. 596 ANTHONY C. DALY, S.J. of items peripheral to his main argument. This tendency seems to be in harmony with his announced principle that in any discussion only that precision need be employed which is proper to the subject one is treating, and that strict precision is not possible when treating human behavior. He enunciates this principle at 1.3 and 2.2 of the Nicomachean Ethics and Thomas notes and accepts it in his commentary. 25 All in all, it is quite clear that Aristotle recognized a homosexual condition, that he saw it as contrary to nature, and that, despite his vagueness and imprecision he seems to have envisioned a condition which is not freely selected by the individual who has it. Furthermore the weight of probability inclines heavily toward the view that in Aristotle's opinion the love of male for male arises either from conditioning-a man's experience of being violated as a boy, for instance-or by reason of some mental illness, either contracted or perhaps even genetic. Since heredity and conditioning are the two factors advanced today-though not without controversy-as the putative causes of the homosexual orientation, it is highly likely that Aristotle had something close to today's notions in these respects. 26 This in itself creates a good probability that St. Thomas had the same idea. Thomas's View In point of fact in Article 7 Thomas names habit or conditioning ( consuetudinem-not necessarily habit personally initiated, but perhaps imposed experiences, or even the custom of an area) 25 For Aristotle see in the Oxford edition pp. 2-3 (1094b), 11. 11-14, 23-27, and p. 25 (1103b-1104a), 11. 26-27, 34-2. For Thomas's commentary see in the Leonine edition, vol. 47-1, p. 11, 11. 7-18, 76-p. 12, 1. 84, and p. 80, 11. 15-24, 30-33, 56-p. 81, 1. 67. 26 An important controversy today centers on whether or not the homosexual condition is a mental disorder. Although the American Psychiatric Association no longer lists homosexuality under this category, thousands of psychiatrists in this country and others abroad still regard it as such. See James P. Hanigan, The Test Case for Christian Sexual Ethics (New York, Mahwah: Paulist Press, 1988), pp. 23-26, and the bibliography under notes 16-22 on pp. 32-33, and Frank M. DuMas's older Gay is Not Good, pp. 22-23, 127-28. AQUINAS ON DISORDERED PLEASURES, CONDITIONS 597 as a cause of the homosexual condition. 27 However, this should not be taken as the only cause he envisioned. Like Aristotle in the Nicomachean Ethics, Thomas in Article 7 is speaking about homosexual acts only as an example of something -else which has his direct attention : acts which give pleasure contrary to nature to persons who are deficient in their constitution for one reason or another. His treatment of homosexuality is therefore a subordinate part of a larger argument, and although he should be held to what he actually says on the topic, he should not be presumed to be denying some further point-namely that there might be a physical or even a genetic cause for the homosexual orientation-simply because he has not said so in this context. Indeed, certain material discussed below from his commentary on St. Paul's Epistle to the Romans makes it appear likely that he did have heredity in mind. Causes Variously Assigned The subordinate nature of Thomas's interest in homosexuality in Article 7 becomes more obvious through a comparison between Article 7 and his commentary on the related portion of Aristotle's Nicomachean Ethics (7.5). Between the two texts Thomas mixes up the putative causes of some of the conditions he considers unnatural, attributing to genetic constitution in Article 7 what he attributes to habit or conditioning in the Commentary on the Nicomachean Ethics, and vice versa. 28 Thus in Article 7 he attributes cannibalism to habit or custom ( consuetudo), but in the Commentary he attributes it to a genetically corrupt temperament (perniciosa natura) or alternatively to acquired insanity ( orbitates : furia vel mania). In Article 7 the cause of eating coals 21 Quae quidem corruptio potest esse . . . ex parte animae, sicut propter consuetudinem aliqui delectantur in comedendo homines, vel in coitu bestiarum aut masculorum, aut aliorum huiusmodi, quae non sunt secundum naturam humanum. See the section "Textual Interpretation" above for a fuller text and translation. Here consuetudinem seems to include cultural conditioning. See note 42 below. 2s For the text of Article 7, see the section "Textual Interpretation" above. The relevant text of the C ommenta.ry can be found in the Leonine edition in vol. 47.2, p. 399, 1. 49-p. 400, 1. 89. 598 ANTHONY C. DALY, S.J. and earth is a genetic dispositional disorder ( mala complexio), while in the Commentary it is caused by habit or custom (consuetudo ). Also, it is not clear in the Commentary that he rules out heredity as an alternative cause for eating coals and earth, homosexuality, and pulling out one's hair and biting one's nails, or, indeed, that he rules out any of the causes for any of the conditions. The classifications in the Commentary (7.5) run as follows: ... eorum vero quae sunt delectabilia non naturaliter, quaedam fiunt propter orbitates, id est propter aliquas supervenientes aegritudines corporales aut etiam tristitias animales ex quibus transmutatur natura ad aliam dispositionem, quaedam vero fiunt delectabilia propter malam consuetudinem quae fit quasi quaedam natura, quaedam vero fiunt delectabilia propter perniciosas naturas, puta cum aliqui homines habent corruptas et perversas complexiones corporis et secundum hoc sequitur quod in his sint pervertissimae tam apprehensiones imaginationis quam etiam affectiones sensibilis appetitus, quas quidem vires, cum sint organorum corporalium actus, necesse est quod sint corporali complexioni proportionatae. (Leonine edition, vol. 47.2, p. 399, 11. 28-42). Et primo de his quae fiunt delectabilia propter perniciosam naturam hominum qui sunt quasi bestiales, quia propter corruptelam complexionis assimulantur bestiis. (p. 399, 11. 49-52). Secundo ibi: Hi autem propter aegritudines etc., exemplificat de his quae fiunt innaturaliter delectabilia propter orbitates. Et