Page:Vol 2 History of Mexico by H H Bancroft.djvu/197

This page has been proofread, but needs to be validated.
MARRIAGE REGULATIONS.
177

cerned marriage. Although the greater part of the people, the lower and middle classes, possessed but one wife, yet many of the rich and the noble had quite a number, and since the Christian religion permitted no such indulgence, the polygamists were ordered to discard all but one spouse, to whom they like the other husbands must be joined anew with Christian ceremonies. It was found no easy matter to determine which of the wives, as the legitimate consort, had the right to be preferred, and so it was decided, after years of doubt, to accord it to the first wife, and when this could not be determined, to the one chosen by the husband.[1] Meanwhile little attention was paid by polygamists to the exhortations of the fathers, and even in later times the law was disregarded.

These and other rites in connection with Indians were discussed in a council of friars and jurists which appears to have been held in the autumn of 1526, with the assistance of Cortés. Therein were determined not only points bearing on baptism, confession, and communion, but on the treatment and rule of natives, the more difficult questions being embodied in representations to the transatlantic authorities. The importance of the meeting, both in respect to the number and quality of the attendants, and to the discussions, has caused it to be signified as the first synod of the church in New Spain.[2]


    more 'satisfactory,' a term used also by Archbishop Lorenzana in his comments on the sweeping baptism. Concilios Prov., 1555-65, 2 et seq.

  1. This is the bull of Paul IIL, the wisdom of which must have been inspired by God, exclaims Torquemada: 'Non recordantur, quam primò acceperint, Conversi ad Fidem unam ex illis accipiant, quam voluerint.' About the same time was issued another bull reprimanding those who had hinted at the incapacity of Indians to partake of holy communion, and affirming their capacity. Before these decisions were sought, Bishop Zumárraga had sent to Spain for advice, and Cardinal Cayetano among others proposed the husband's choice when the legitimate wife could not be pointed out. Concilios Prov., 1555-65, 5, 6. Herrera blames the inexperience of the friars in not being able to select the true wife. dec. iii. lib. iv. cap. viii. The first native marriage with Christian rites was Prince Fernando's, at Tezcuco, October 14, 1526. Seven of his retinue followed the example. Motolinia, Hist. Ind., 124.
  2. There is a great uncertainty among the authorities as to the time it