Page:History of California, Volume 3 (Bancroft).djvu/35

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RECALCITRANT FRIARS.
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indicated by Padre Esténega's participation in the religious services at San Francisco as well as by ocurrences of a later date. Sarría defended his action in letters to the governor.[1] Anterior obligation to the king of Spain was the ground on which he based his refusal, with special reference to the fact that the new constitution required him to take up arms and resist invasion by a foreign power, including Spain. Thus he might have to resist the king himself at the head of his army, in a province which was justly a part of his dominion, which would be to disobey the divine law and teachings of the saints. He foresaw the objection that his previous oath to independence under Iturbide had required the same opposition to Spain; but he answered it by claiming that before Spain was not under her primitive government, the king was deprived of liberty, and religion was threatened; that under the plan of Iguala, Fernando VII. was to be called to the throne, with some chance of Spanish approval; and moreover, that the previous oath had not only been ordered by his diocesan, but had been formally decided on by a majority of the friars, including the prefect.

On the 7th of April the diputacion took up the matter. Francisco Castro urged immediate steps to learn at once who of the padres would follow the example of their prelate in refusing allegiance. He also proposed that such as took this course should be


  1. Feb. 11, 1825. 'My Venerable Sir and Master: After reflecting on the oath we are ordered to take to the federal constitution of the United Mexican States, for which oath you have designated next Sunday, 13th inst., I have decided that I cannot do it without violating what I owe to anterior obligations of justice and fidelity; and this I announce to you, though not without much and very grave regret on my part, since I would like so far as possible to give an example of submission as I have done up to this time; but I cannot, the decision of my conscience opposing. For the same reason I shall not use my influence that the other padres take the oath, nor that they sanction it with mass, te deum, etc., as ordered in your communication of the 3d. I understand that we are threatened with expatriation; but I will pass through all, though with tears at leaving my beloved flock. That which I took up for God, I will always leave if it be necessary for the same God, to whom I have prayed, etc. In other things very much at your service,' etc. Arch. Arzob., MS., iv. pt ii. 135-6. Also letters of March 30th and April 14th, in Id., 137-9.