Disclaimer: Zorro belongs to ZPI and "Death and Taxes" was written by Robert L. McCullough and Philip John Taylor. Anything you recognize from the episode isn't mine.

Summary: Risendo escalates his campaign with threatening the church as well as more directly targeting the de la Vegas.

Author's Notes: All right. We're continuing with the second episode of the finale and getting closer to the end. And thank you to all of you who have reviewed so far.

The Fox and the Snake

(Death and Taxes)

Part 1

Letter from Graciela del Castillo to Ynez Risendo

6 June 17–

Dear Ynez,

Though your last letter speaks of your successes at midwifery, I still would wish you would come and visit us; you have been too much alone since your Gilberto died. I have missed you, and soon my beloved Rafael will be off to defend king and country, leaving me alone here. Or I would come to you for a short time if it would not be too troublesome. Time will be emptier here without my husband, though he is of good cheer.

Just last night he, Alejandro (I suppose I should not call him that now that he is Rafael's commander, but old habits die hard and they are both officers) and Alejandro's younger brother Alfonso were out celebrating for hours and came home drunk and singing of their victories at the card tables. Rafael and Alejandro at least, Alfonso had to be carried between the two of them, as he has not yet their heads for wine. Though I am surprised they managed to keep their winnings considering their states. Now, do not fret for Rafael's funds; I have put them aside as always. He never takes more than we can afford to lose. I do not begrudge him his fun. I pray that his luck holds as he goes into battle that he may return safe home to me, but with such a friend as Alejandro looking after him, I have little doubts.

Do let me know if you will come to me, or I may come to you once my husband is away.

Your loving sister,

Graciela

~Z~Z~Z~

The next morning, Diego and Victoria walked into the dining room hand in hand. He pulled her chair out for her to sit before taking his own. Breakfast had already been laid out, and Maria walked over and poured out coffee for each of them. "Thank you," Diego said.

"Yes, everything looks delicious," Victoria chimed in.

"Do you need anything else?" Maria asked.

"No, thank you," Victoria replied, with a glance at Diego. "Everything is fine. You can see to anything else you need to do. I don't think we'll require anything else here."

Maria quietly vanished as Diego took a sip from his coffee. He put the cup down and stretched as he yawned.

"Are you all right?" Victoria asked.

"Yes, just still tired," Diego said. "It took me quite awhile to get to sleep last night."

"Well," Victoria said as a sly smile spread across her face, "that's not entirely a bad thing. You didn't seem that tired."

Diego returned her smile. "No, not bad thing at all." He took her hand and kissed it. "And I'm never that tired."

At that moment, Don Alejandro strode in saying it was time to go to mass. Diego barely managed an acknowledgment, still staring into Victoria's eyes.

"Well, what kind of scene do you think the Emissary will make today?" Don Alejandro asked with a rather annoying amount of enthusiasm.

Diego's smile lost a lot of its sincerity. "Surely he'll take Sunday off." Zorro had already had a busy day and an eventful evening as he'd made a surreptitious trip to the pueblo to check on matters only to end up being chased by lancers when he'd been careless enough to be seen.

"Besides what more can he do?" Victoria asked. "He's already put our alcalde under sentence of death. He wouldn't do something like Palomarez and threaten the whole pueblo with death by lottery, would he?"

"Who can say?" Don Alejandro said. "He's behaved as a tyrant from the moment he appeared in the pueblo."

"Well, perhaps the words of Padre Benitez will prompt a little soul searching in our Emissary."

"Considering how little the good father has affected our most recent alcaldes, I have my doubts," Don Alejandro said.

Felipe entered the room signing that the carriage was ready.

"Good, good," Don Alejandro said. "Now, children, if the Emissary is there, I intend to be the one he pays attention to. There's something that man wants from us. Otherwise he wouldn't have been so quick to turn around and release Diego when he had just condemned de Soto."

"Unless, he wants to keep us unsettled, unable to be sure whether he'll be cruel or kind," Diego said.

"No, there's something," Don Alejandro insisted. "I don't know what it is, if he wants to ingratiate himself with one of the leading families or something else. But I will be the one he notices. I want you two to remain in the shadows, and..." he wrapped an arm around Felipe "you to remain invisible to him. Let him think of me as a blustering old man too old and too stubborn to keep quiet."

"I don't know..." Diego started.

"Oh, Son, it's the role I've played for years even when it wasn't an act," Don Alejandro said with a laugh. "Now come along, we don't want to be late for church."

~Z~Z~Z~

The ride to the pueblo was quiet. And although they were slightly later than usual, they still were among the earliest arrivals. Victoria saw her helper Teresa wave at Felipe as they arrived. With a nudge from Diego, he slipped away to join her.

As they were about to enter they saw Mendoza trudging up, trying to brush dust off his uniform.

"You look exhausted, Sergeant," Victoria said. "Are you all right?"

Mendoza sighed. "As well as can be expected. After the excitement last night, the alcalde had me up early to go out looking for Zorro. Twelve different caves and there was a bear in the last. We just got back. I don't know what's going to happen. It's not as if we can find Zorro, and even if we could, it's not right to trade a man's life for mine, is it?"

"Of course it isn't, Sergeant," Victoria said. "But I'm sure it won't come to that."

"I can only hope... and pray," Mendoza said. "So excuse me please." He trudged into the chapel a forlorn look on his face.

Victoria looked up at Diego who had remained quiet throughout the exchange.

"Don't worry," she said as she leaned against him. "I'm sure… something will happen to make everything work out right in the end."

She leaned against him. "I think I too will add my prayers. Let's go inside, Diego."

Diego looked up at the cross above the chapel. He wondered how long he would need to bear the burden of being the pueblo's chief protector. No, he thought, now isn't the time for doubt or self-pity. "I'm certain of it," he said and placed his hand over Victoria's arm. "In the meantime, let's add our prayers to those of the good sergeant."

~Z~Z~Z~

Victoria and Diego followed Don Alejandro out of the church. Not many people had been there, and Diego could feel the air of tension from those who had been. There had been an almost invisible wall around the Emissary and his aide with few daring to even look in his direction.

In an effort to appear normal and commonplace, he spoke to his father, pointing out the obvious. "I've never seen such a small turnout for Sunday Mass before."

"People are afraid to come to town, Diego," Don Alejandro said loudly, almost theatrically.

Ah, his father was doing what he said he'd do: be the one to draw attention to himself. To be very firmly the head of the family. Victoria stepped forward to speak to Padre Benitez, he joined her before stepping along followed by his father. The alcalde and Sergeant Mendoza followed behind them.

Unfortunately the Emissary was immediately behind them, and he seemed as determined to make a show of himself today as yesterday.

"I assumed you said your prayers, Alcalde," he said loudly. "Because if you don't catch Zorro within two days, you'll be soon meeting your maker."

For once De Soto said nothing and left, Mendoza trailing behind him. A wise maneuver on their parts. Diego's father had moved over to speak with Don Roberto and a few other caballeros. Probably to get a feeling for what they wish to do. Diego angled himself slightly away from where Risendo stood and looked at his wife who was very obviously trying not to glare at the emissary and his lieutenant.

Still the emissary was apparently not done with his business. He gave a quick glance around the plaza before addressing Padre Benitez in a voice still meant to be heard.

"A splendid mission you have here, Padre Benitez," he said.

"Well, thank you," the priest said. "It was built by the local Indians."

"Under Spanish rule and supervision, of course," Risendo said.

Unable to respond to such an asinine statement, Padre Benitez shrugged.

"Then I'm sure you appreciate his Majesty's generosity," Risendo continued.

This at least prompted an incredulous response from the good father. "Generosity?" he exclaimed. "But it is the duty of every Christian king to send the word of God to the four corners of the earth."

"Hmm. Just as it is your duty to discharge this mission's obligation to the royal throne."

What is the man up to? Diego wondered. What obligation is he talking about?

"With all respect, our only obligation is to God," Padre Benitez said, pointing towards the heavens.

"God isn't engaged in a war with the French," Risendo said. "The Church shares our duty to support the Spanish Crown in that effort." Looking around the plaza again, he raised his voice even higher. "I hereby confiscate all mission property."

At those words, Don Alejandro whirled around. "What?" he exclaimed. "You can't do that."

"Really?" Risendo asked smugly. "And just who is going to stop me?"

God preserve us from another man who thinks that the distance from Madrid excuses his crimes, Diego thought. He has to be mad to think that he can get away with an attack on the Church which will not take kindly to any secular interference in its affairs and whose support the King relies heavily upon.

Padre Benitez pointed out the obvious, "But this is unheard of. What you propose is unprecedented."

With a smug smile, Risendo said, "It is rather creative, I agree."

"Be warned, Señor Risendo," Don Alejandro said angrily, "the people of this pueblo will never stand for this."

"The people are a seditious pack of jackals!" Risendo shouted. "Don't threaten me with insurrections, de la Vega. For years, the Church has grown fat with the help of the Crown. Now it is simply time to pay the piper." He turned and walked away, followed by Lt. Hidalgo.

Diego looked over to Felipe who was watching Hidalgo speaking to Risendo as the men walked towards the office, though he didn't need to see what he said in order to deduce that the man was warning him against the possibility of an uprising. He wondered if that was exactly what the man was hoping for, but to attack the Church was madness, as that was something that those in power would not excuse or tolerate. What was the man thinking? Normally, Diego might think this move to be indeed the work of a lunatic, but in the case of Risendo, he had no doubt this was a deliberate, calculated move. Diego only hoped he could figure out the man's end game before it was too late.

~Z~Z~Z~

Gilberto Risendo's Journal

This morning I made the next move in my game against the de la Vegas. A bold and somewhat dangerous move as it is one I would have great difficulty justifying to my superiors, but if everything goes to plan, and I am sure it will, as the people are sheep waiting to be herded in whatever direction the shepherd wants them to go. So predictable. Won't fight the death of their leader (not that he was much of one to begin with) but threaten their precious church and they'll protest. After all, it's the only comfort those mealy mouthed fools have in this miserable dung heap. That and their so-called hero. Not that he can stop me in this, the way he postponed the inevitable for that fool of an alcalde. No, I will arrange this so he can do nothing unless he wants to look as if he supports the rich man in preference to the poor.

~Z~Z~Z~

It had not been long since they'd left the pueblo. Don Alejandro had gone to speak to some of the caballeros who had not been at church that morning, hoping to get their support, but not feeling too optimistic. Diego had stopped to check his supplies in the cave before sitting down to write some letters. One was to Ernesto Moraga, who when last he had heard from him had been once again visiting his brother's family in San Diego before continuing his various investigative duties on his way back up to Monterey. Unfortunately, Diego had no idea where along the Camino Real Ernesto was currently much less how effective he could be in acting against a king's emissary. However, considering how events seemed to be escalating quickly, he felt he must try to get some other authorities involved in what was happening in Los Angeles. If he could get a messenger to his great aunt Catalina, she could send men enough along the route to get to Ernesto as quickly as possible. This was not a situation that was best left to Zorro.

His other hope was a message to the family lawyer Don Luis Cristobal in Santa Barbara. Not so much for his expertise with the law but his good relationship with the comandante of the cuartel there, a fair man unlikely to be overly cowed by even a king's emissary, at least when one was so blatantly exceeding his authority. But again that would take time, and he didn't know how much time they had. If only he knew what the emissary was really after. Risendo's actions were mad yet purposeful. Diego shook his head. He was as prepared as he could be for the moment, and Victoria was still in the pueblo, in the eye of the storm so to speak, and though he believed she was safe enough for the moment, he had no intention of leaving her there without him for long.

~Z~Z~Z~

Victoria watched the growing protests from the safety of the tavern porch. It had not taken very long for the news about the confiscation of the mission property to spread and the people to gather together, making signs to hold. She suspected that Domingo had been instrumental in providing the materials for most of them. He was the more radical of the two brothers, and the one who was always pressing for more in depth exposure of government corruption, and she saw him watching the crowd.

So far the soldiers were standing around guarding the alcalde's office but making no other moves. She wished she could predict what would happen, but the Emissary was quite frighteningly unpredictable, and she had no idea what his guardsmen would do if the crowd started doing more than just protesting verbally.

She noticed Señor Calvillo hovering around the door as well, one eye on the crowd and the other looking for defensible positions. The tavern itself was starting to fill as those who weren't actively protesting were trying to get up a town meeting to try to decide on some more organized course of action. One Victoria hoped would not lead to a wholesale massacre of the citizens of the pueblo. She wasn't reassured by the grim look on Lt. Hidalgo's face as he entered the alcalde's office.

A few minutes later, Felipe showed up by her side.

"Anything?" she asked.

He shrugged and indicated that the emissary was waiting for something.

"Probably the meeting," Victoria said, noticing that Diego and Don Alejandro were riding back into town. "So soon?"

Felipe shrugged again and made the sign of crazy.

"Unfortunately," she said. "Tyrants are tyrants but sane ones are easier to deal with." She forced a smile to her face when Diego and his father arrived in front of her.

"It's time for a town meeting," Don Alejandro said loudly and grimly. "Come on."

He didn't wait for them as he headed inside the tavern. Victoria noticed Padre Benitez crossing over with the crowd. He must have had someone watching out as well to let him know when it was time, as he had remained within the chapel.

"Are you all right?" Diego asked her.

She looked back at him. "Yes. The protests are starting to get louder, but nothing violent... yet."

He looked at Felipe who repeated what he had signed to her. Diego looked back at the alcalde's office. "Let's hope this meeting won't make things worse." He held out his arm to her. "Let's go."

~Z~Z~Z~

Once everyone who was coming in had entered and taken their places, Don Alejandro wasted no time getting started, though Diego wished he would tone down the rhetoric.

"My friends," he said, "we are faced with the brazen disregard for sanctity of our church."

This was met with loud shouts and calls for fighting. Padre Benitez stood waving his hands.

"No, no, no, no. No, my friends," he said. "Rebellion is not the answer."

Victoria couldn't remain silent either and had to point out the obvious. "His troops will crush us. We have to get... Z... outside help."

Diego almost winced at her sudden change of verbiage there as she stopped herself from saying his name. There were times he almost regretted that she no longer saw Zorro as a mythical hero but as a man, a skilled one, but one who could be hurt nonetheless. But she was right in this case. They needed something more than a man in black to deal with an emissary apparently drunk on his own power.

The tavern doors suddenly opened. Diego moved to block Victoria from sight as Risendo and his lieutenant entered to a sudden silence. Any doubt he might have had that Risendo had been listening for the most dramatic moment to enter was erased as the man spoke.

"Good people," he said as he walked towards the stage, "the fact is I share your concerns. But you've got to take a broader view of things. I have been sent here to collect a special war tax. If I return to Madrid empty-handed," he turned towards the crowd as he reached the stage, "the King will undoubtedly make an example of this pueblo. A violent, bloody example. You see, my friends, there are two inescapable realities of life: death and taxes. And you must choose between them."

Padre Benitez interjected with the obvious. "The Church has never been required to pay taxes."

To the point though Diego thought he could have said more. After all, the Church had power enough on its own to demand respect for its property so that the King would not dare to approve such tactics. But Diego remained silent. Gilberto Risendo had an agenda, and Diego was willing to wait for Risendo to expose it before acting.

"If the people of Los Angeles would only pay the balance of this special assessment, I would not be forced to confiscate Church property," Risendo said.

"Many people have paid," Padre Benitez said.

Risendo looked unaccountably pleased as he responded. "True, Padre," he said, facing the crowd. "Humble farmers go hungry to support their country's war effort. But as long as certain wealthy caballeros," he glanced significantly at both Diego and his father as he spoke, "avoid paying their taxes, I have no choice but to sell off Church property to make up the deficit."

And there it is, Diego thought. But is this a means of sowing dissension or to try to guilt more money from the wealthy or something else entirely?

"What do you mean?" Señor Peralta asked. "Why don't they pay the same tax as us?"

"Because they get tax credits for supplying the military garrison with beef," he said.

And there goes the misdirection, Diego thought. Gentlemen, do not play into it.

Unfortunately, his father couldn't resist. "Yes, but the value is well below the market price."

This was not the time to protest, but at this point, Diego knew he wouldn't be able to stop his father. All he could do now was to not add to anything by moving from his spot.

Risendo added almost casually, "And they get twelve thousand acres of prime land tax free just for putting it under the plow."

"That is perfectly legal," Don Alejandro insisted.

Perhaps, Diego thought, but that isn't helping, Father, and you should know that. How many "legal" things have our alcaldes done that were hardly just or right?

And to his annoyance, Risendo made exactly that point, "Oh, it may all well be perfectly legal, my friends, but as always, there is one law for the rich and another for the rest of us."

The rest of us? Diego thought. So now the King's emissary is just another member of the poor and oppressed. Unbelievable.

"Who does this? Which caballeros?" Señor Peralta called out.

"Well, there are two right here," Risendo said, looking towards Diego and then his father.

Of course he named no names, Diego thought, but still the inference is obvious. What does he have against us? Or are we simply the most convenient target?

"Let the emissary take their haciendas instead of our church!" Señor Peralta cried out

Diego knew the man had suffered quite heavily from taxation which would explain why he was so easily swayed by the Emissary's words at the moment, but it was still frustrating to see how he and the crowd turned so quickly at such a specious speech. Not ten minutes before most were getting ready to storm the alcalde's office, and now it looked as if they would throw the de la Vegas or anyone else of sufficient funds to the wolves. Diego did not like the smug look of triumph in the Emissary's eyes as he looked back at him before walking without another word out of the tavern, once again followed by his silent lieutenant.

Once they were gone, Padre Benitez tried to restore order and calm to little avail, and Diego quietly moved towards his father.

"We won't be able to do any more right now," he said. "Best go home and give them time to calm down."

Don Alejandro huffed but nodded his head. "We may need to look further away for help."

Victoria stared around the room in irritation. "I can't believe them. After all your family has done to the help the pueblo..."

Diego shrugged. He had faith in people as individuals, but in groups, it was hard to predict which way they would go. And though he as Zorro had said otherwise, he knew all too well how fickle the people of Los Angeles could be.

"Do you think the people will be able to see what he's doing, to see reason?" Victoria asked.

"Yes," Diego replied, "given enough time. I just don't know if it's time we have."

~Z~Z~Z~

Don Alejandro was fuming all the way home and immediately headed to his desk, while Victoria disappeared into the kitchen to talk to Maria.

"It's outrageous, Diego. Absolutely outrageous," he said. "The man cannot believe he can get away with this simply by blaming caballeros for not paying up."

"It may be his way of trying to 'encourage' those of us with funds to pay the tax faster."

"Perhaps," Don Alejandro said reluctantly, "but I'm not going to sit still when he's trying such a blatantly illegal tactic. I'm writing to the governor."

Diego pulled a book off the shelf more to occupy himself than anything else, much as he suspected that Felipe was doing by grabbing a duster and starting to go over the piano with it.

"I'm not sure how much it will help. Especially since it will take a week to get there and who knows how long to get the governor to be willing to act against one of the king's emissaries."

"All the more reason to write now," Don Alejandro said. "And I'll also send a letter to your aunt and uncle. Your aunt has become quite close with the governor's wife, so I'm sure between them they can see that this matter gets the swift attention it deserves."

Diego shrugged, then smiled as Victoria returned to the salon.

"All's well?" he asked.

"Well enough," she said shortly.

There was a knock on the door.

"Are you expecting anyone?" Victoria asked Don Alejandro.

"Not particularly," he replied. "But after today?" He shrugged.

Felipe looked up and then headed toward the door followed closely by Don Alejandro.

Though he probably shouldn't have been, Diego was surprised when he heard his father greeting the emissary and his lieutenant at the door.

"Emissary Risendo, Lieutenant Hidalgo. What can I do for you?" he asked.

"Aren't you going to invite us in?" the man asked.

He saw his father shrug as he responded. "Of course. Why not?"

Diego and Victoria looked at each other, and Diego tensed up, knowing that whatever it was that prompted this visit it could not be good.

Again with that air of showmanship, Risendo spoke, "A magnificent hacienda. How long have you lived here?"

Annoyed but with bluntness Don Alejandro said, "Many years. Ever since my father first arrived and worked the land."

"Indeed," Risendo said, "but I'm afraid your fellow Los Angelenos won't let you justify your failure to pay taxes on the backs of your ancestors. You see, the mere threat of me seizing the Church property very nearly caused a riot earlier today. And since part of my responsibility is to prevent civil insurrection the will of the people must be taken into account. Lieutenant Hidalgo, if you please."

At last we have it, Diego thought, as Lt. Hidalgo opened the door and Risendo's men came rushing into the hacienda. The purpose of his earlier charade.

"Alejandro de la Vega," Risendo said, with a triumphant smirk, "by the power invested in me by King Ferdinand, I hereby seize this hacienda and all adjacent property."

"You can't do that," Don Alejandro exclaimed.

"I have no choice," Risendo said. "The tax must be gathered, and I must keep the peace at the same time."

Don Alejandro's face tightened. "I see. Just so we're clear, the tavern does not belong to me or my son. It's the separate property of my daughter-in-law."

"How very... progressive of you. Or very prescient of you, Señora," Risendo said with a mocking bow in Victoria's direction. "And now that means you all have something to fall back on. And since I'm not a cruel man, you three may pack a bag to take with you. I would not want you to have nothing."

As his father looked about ready to explode, Diego touched his arm with a slight shake of his head.

"Very well," Don Alejandro said, shaking loose and turning to go to his room.

Victoria spun on her heels and headed straight towards their room. Probably to keep herself from saying anything. As he followed his wife, Diego glanced at Felipe who was moving back away from the soldiers and toward the kitchen. No one was particularly paying any attention to him. But then he looked like a servant, and servants were often invisible.

As soon as they entered their room, Victoria turned to Diego. "What are we going to do?" she asked.

Diego shrugged. "For the moment... pack. There's nothing else to be done."

"Why is he doing this?" Victoria asked.

"I don't know, but I do know that he deliberately provoked the crowd to give himself the excuse he needed to do this. And he might just have gone far enough for us to be able to get action taken against him."

"You mean the way we've had luck getting rid of our power-abusing alcaldes?" Victoria asked cynically.

"You have a point," Diego said, "but even they didn't start by threatening church property."

"Yes, but now he's grabbing your— our— family's instead," Victoria said, shoving some clothes into her carpet bag. "And how much help have we ever gotten with that?"

Diego slipped a couple of books in with the clothes he'd packed. "We'll find a way to fight this. If nothing else, the emissary can't spend too much time here if he needs to get the war tax to Madrid."

"If the war tax isn't just some excuse," Victoria said, trying to force the bag closed.

Taking it from her, Diego closed and then strapped it tight. "You have a point. But don't worry. We will manage."

Victoria closed her eyes. "We always do. But what about..." she pointed downward with a spinning gesture.

"There's always another way in," he said.

"Of course," she said, adding, "and another way out," as she headed out the door and towards the back door of the hacienda, obviously not wanting to see the emissary again.

Diego saw that his father and Felipe were already in the stable when they arrived, and Felipe was signing that he was staying behind.

"You don't need to do that," Victoria said.

Felipe signed quite fiercely that yes, he did. Somebody had to keep an eye on the emissary and what his plans were as well as look after the hacienda.

"He's right, Victoria," Don Alejandro said. "Someone must, and no one is better placed than Felipe."

Felipe signed that he was invisible.

"At this second," Victoria said. "But I doubt that will matter if they begin to suspect you."

"They won't," Felipe signed.

"Trust him," Diego said. "I don't like leaving him behind, but I trust him to know when to run if necessary."

"Apparently, I have no choice," Victoria said. She hugged Felipe quickly. "Be careful."

Diego put a hand on Felipe's shoulder. "This emissary is ruthless, so take care. He may not think you a spy, but I doubt he's the type to be kind to those he thinks of as beneath him."

Felipe nodded and signed for him to be careful and that this isn't over.

"No. You're right, it isn't." He took one last look back at the hacienda. In fact, I think we may finally, really be getting started.

~to be continued~

End Notes:

This is an episode where a lot seems to happen in a short period of time. Making a timeline of events, it seems like most of the episode happens in the course of a day. From De Soto's and Mendoza's hunt for Zorro to the church to the mob to the confiscation of the hacienda to Diego's "leaving town" to the events which followed. Yeah, apparently all one day. I had considered expanding it a bit, but that was difficult with the pressure on De Soto to get Zorro within a short period of time.

For the letter at the beginning, in case it's not obvious, the Gilberto mentioned is not the Gilberto of this story but instead Ynez's deceased husband (actually that might not be obvious but the first part I hope is). Also, in case the name Rafael del Castillo sounds sort of familiar, Rafael Castillo was the name of the character Henry Darrow played on the soap opera Santa Barbara, though obviously here they would not be the same actor. And that's all I'm going to say about the letter at the moment.

~Z~Z~Z~

To arty60: Thank you for your review. And I hate to see this end as well, that might be part of why it took so long to finish.