Chapter IX: Part 9

In the other division are included all the remaining encomiendas of the Pintados, with the exception of a few in Panay where there is religious instruction. In the above division are included the islands of Leite, Negros, Babao, Balon, and Bohol; and, in the island of Panay, the encomienda of Captain Pedro Sarmiento; the encomienda of Axuy, which belongs to his Majesty and to Francisco de Rribera; the tingues [hills] of the river of Araud which belong to his Majesty and to Captain Juan Pablo de Carrion and two or three other encomenderos; the islands of Marinduque and Masbate, and all the others which extend thence to the mouth of the channel; in Camarines, the islands of Catanduanes and Lagunay, and those along the coast and many others which are in this condition. In all the aforesaid places it may be considered a general rule that religious teaching did not, and does not exist--or at least has existed for so short a time that it is practically the same as if it had never existed. Moreover, from all the aforesaid places and from others like them, since they have been in such condition that one could travel through them in security (and, if ministers should come, their inhabitants could be instructed), it has been possible to collect a certain amount of tribute, for aid, and support, and expenses. Not all, or even half, of the tributes, however, could be collected; if the encomiendas are rather large, only the third part is obtained, and if they are small, only half. Moreover, whatever collections were made from these encomiendas could not be made until they had been prepared as aforesaid. Inasmuch as this matter is a most difficult one, on account of the danger incurred in collecting from the Indians what they do not owe, and when they are not willing that it should be collected, and of depriving the encomenderos of what is due them in case they have fulfilled their obligations toward the Indians, this shall be the rule regarding such action as has been taken hitherto by the confessors, namely, that an encomendero who has simply made collections among the Indians, without having done them any temporal or spiritual good, shall not be entitled to collect any tributes; if, however, through his endeavors, or by trading with them, they are so well-inclined that he can go about safely among them, and they themselves can be instructed when they have ministers, the encomenderos shall be entitled to collect from them the portion which we have named above. In order that from this time forth, the king in the royal encomiendas, and the encomenderos in theirs, may, as has been stated, collect the third part or the half, the following conditions must be observed:

First: That the encomenderos shall endeavor, with the utmost diligence and care, to establish sufficient religious instruction in their encomiendas. In case they are unable to do so, they shall write to his Majesty, requesting him to provide the necessary number of ministers to teach the Indians; and they shall ask this so earnestly and effectively that his Majesty will feel himself under obligation to send ministers. They shall likewise offer, if it be necessary, to pay a part of the expenses which his Majesty shall incur in sending the ministers.

Second: In case ministers cannot at once be found to instruct the natives, orders shall meanwhile be given as to how the encomenderos are to reside in their lands. This should not be done in the manner which has been hitherto practiced, when some of the encomenderos hoping thus to reduce their expenses go to live in their encomiendas (indeed, I know not if there are any who act otherwise), and there employ the Indians in the service of themselves, their families, and their houses, taking away their possessions at the lowest price, and treating them as if they were their slaves. They care nothing for instructing the natives, or setting them a good example, or preparing them to receive baptism; on the contrary they exasperate the Indians with their harsh treatment, and cause them to abhor the law of God. Such encomenderos as these should not reside in their encomiendas: the governor ought to forbid them even to visit those places, and should himself appoint such person or persons as would fulfil toward the Indians the obligations which rest upon encomenderos.

Third: In the encomiendas of the king, and in those of the encomenderos who, for the aforesaid reasons, ought not reside in their encomiendas, such persons shall be appointed, with the approbation of the bishop (to whom his Majesty has entrusted this care, and which of right falls to him), as shall fulfil those obligations toward the aforesaid natives which are incumbent upon encomenderos, conformably to the law of God and to what his Majesty has provided and commanded in his laws and ordinances--in order that in this manner the Indians may be pacified and appeased; and so prepared that, when they shall have ministers, they can receive instruction from them. Under these conditions and limitations, the king in his encomiendas, and the encomenderos in theirs, may collect from the said encomiendas something from their current products, for help, maintenance, and expenses. That would be a third part of the tributes, if the encomiendas are large and the religious teaching sufficient therein; but if the encomiendas are small it would be half, as has already been stated.

Among the encomiendas which maintain religious instruction (although none, or very few, have enough of it), there are some whose inhabitants, although including some Christians, are for the most part infidels, and so ill-disposed and so unfavorably situated that it is impossible for them to receive the instruction, since there are not enough ministers in the said encomiendas. Even though instruction exists therein, no tribute, or at least very little, ought to be exacted of the infidels until they have ministers to teach them, and the encomendero influences them to give consent, so that they can be taught. In this class of encomiendas are included the tingues of Silanga, Pasi, Tabuco, and Maragondon; those of Pangasinan, and others in Ylocos; and the rest in the island of Panay. These encomiendas are among those which have religious instruction: the others have already been enumerated.

The encomenderos of these islands have fallen into an error, based upon a misunderstanding of a decree of the king, in which he commands that a fourth part of the tributes from the encomiendas shall be set aside in order to construct churches and to provide for divine worship. They imagine that by virtue of this decree those encomiendas which have never had religious teaching may collect the entire tribute, after setting aside a fourth part of it. Moreover, but a small number have set aside this fourth part, and they have done it very seldom. It is an unbearable deception for the encomenderos to hold this view, for this decree does not refer to the encomiendas which, as we have said, are deprived of religious teaching. As for the latter, not only can the king not give them license to collect their tributes, but, even were he here, he himself could not collect them. The aforesaid decree, moreover, treats not of these, but of the encomiendas whose inhabitants are already Christian. It is with regard to these that the king commands that a fourth part of the tributes be appropriated for the construction of churches; and that in place of the tithes which they, as Christians, owe to the ministers for their maintenance, a certain part of the tributes be appropriated in such wise as may be here decided. Afterward, I shall satisfactorily prove that it never entered the king's mind that the encomenderos would, by renouncing the fourth part of the tributes, fulfil their obligations toward their encomiendas.

The above is a summary of the contents of the opinion which I am preparing, wherein may be found a more extensive treatment of what I have here set down. In that document your Lordship will find complete proofs of what is contained in this summary, accompanied by arguments so cogent and convincing that there is neither room nor possibility for doubt in this matter.

Two other points are to be found in the clauses furnished to me by the secretary, Juan de Cuellar, drawn from the instructions which the king, our lord, gave to your Lordship for the good government of this land. In one of them there is a discussion of the two reals which his Majesty ordered to be added to the tributes hitherto collected. It also contains the views of the theologians of this bishopric, and my own, concerning this increase. Your Lordship will find them all in the document which, as I said above, I am preparing. Inasmuch as the execution of that clause is not immediately pressing, it has not seemed to me necessary to discuss it here.

The other clause deals with the means to be employed in establishing religious instruction in the small encomiendas and districts where the said instruction does not exist. Concerning this we shall have but little to say at present, not because the affair is free from very great difficulties, in undertaking to accomplish his Majesty's orders as contained in the aforesaid clause; but because there is no present occasion for anxiety regarding the establishment of this instruction, inasmuch as there are no ministers to undertake the work. I will only say that, if his Majesty does not decree that the small encomiendas be made into a few large ones, it will be most difficult (and indeed almost impossible) to establish therein religious instruction.

In conformity with this, your Lordship will see how you are to give permission to the encomenderos who do not maintain instruction, so that they may collect from their encomiendas, if your Lordship wishes to make secure your own encomienda [46] which I, by this statement, have enabled you to do.

May Jesus Christ, our Lord, bestow upon your Lordship the light of His grace, so that in all matters you may be enabled to accomplish His holy will, and secure the welfare and protection of these natives, which they so sorely need. From our house, on the twelfth of January of the year one thousand five hundred and ninety-one.

_Fray Domingo_, Bishop of the Filipinas.

Summary of the Decision Reached by the Bishop of these Philipinas Islands, and the Other Theologians of this Bishopric, Concerning the Collection of the Tributes Therein

_Jesus_

The first conclusion: From the encomiendas which have not had and do not have religious instruction, and have never received from the encomenderos any other benefit or advantage, either spiritual or temporal, than the collection of the tributes, then being left in their former condition (and such are most of the encomiendas in this bishopric), the tributes should not be exacted. But in case they have already been exacted, or shall be in the future, and the encomenderos shall have done no more good therein than they have thus far, those who have made these collections shall be compelled to make restitution therefor to the natives of the said encomiendas. This same obligation also binds those who, being obliged by their office, and having the power to prevent this evil, shall give license, or consent, or permission, that these collections be made.

Second conclusion: In the encomiendas which, although they may not have had or at present have religious instruction (or so little, and for so short a space of time, that no result can be observed), have been pacified through the earnest endeavors and good works of the encomendero, and whose inhabitants are so subdued as to permit of travel and residence among them, and favorably disposed to receive instruction in case there should be anyone to impart it to them; the encomenderos shall be allowed to collect a certain portion of the tributes--as, for example, the third part, if the encomiendas are of average size (for, if they are large, it is a great deal to collect the third part), and one half, if they are small--by which we understand a population of three hundred Indians, or a less number. The tributes thus collected are granted as aid for the encomendero's maintenance, and for the expenses of said pacification.

Third conclusion: All that was collected from the Indians before they were thus rendered willing to pay must be restored to them by those who made such collection, or by those who permitted it, as is stated in the preceding clause.

Fourth conclusion: All the rest of the said half or third part which has been or shall hereafter be levied upon the Indians, before they shall have received sufficient religious instruction, must be restored by those who have made or permitted to be made the aforesaid collections.

Fifth conclusion: From the encomiendas which have received sufficient religious instruction and whose inhabitants are all, or for the most part, Christians; or when those who are not Christians have voluntarily held back from conversion--all of the tributes may be collected, provided that care be ever taken that the infidels be persuaded and not compelled or forced to make these payments: indeed, as much concern should be had for them as for the others. Let it be understood that the said infidels do not refuse or be adverse to becoming Christians; for in this case the tributes may not be exacted from them--or, at least, not all, and even then with their consent.

Sixth conclusion: In the encomiendas where there are infidels who, through lack of adequate religious instruction, have not received baptism, taxes should not in the past nor shall they at present be collected in full, but according to the manner set down in the second clause.

Seventh conclusion: Although all the inhabitants may be Christians, if their religious instruction has been insufficient the encomenderos are obliged to deduct from the tributes all that should be expended for a sufficient number of ministers to impart the necessary instruction.

Eighth conclusion: In order that an encomienda may be said to possess sufficient and adequate religious instruction, the minister should not be burdened with the care of more souls than he can properly instruct and direct in spiritual matters, so that he can give to all those who are infidels suitable instruction in Christian doctrine--not merely so that they know it by rote, but also so that they may understand (so far as they are capable of this) the signification of the words, and the mysteries contained therein. Thus, too, he will be able to make each and every one of them understand all that is necessary for them to believe, and know, and do, in order to be good Christians. All this should be done before baptism is conferred upon them; and like efforts should be made that no one shall die without the sacrament. When the minister undertakes to baptize them, he must see that they know well what it is, and are prepared for it, and understand what they are receiving--namely, that they are dead to their past life, and are commencing a new one, and from that time forth are new men. As the inhabitants of many of these islands have received baptism without the aforesaid solicitude and preparation, many sacrileges have been committed; and, as a result, many and great misfortunes have ensued, which we can now clearly discern, and yet but poorly remedy.

In order that the Indians, after their conversion, may have adequate religious teaching, and be taught and instructed and guided in the conduct of their souls, a minister should not have the care of more Indians than he can know, visit, and minister to in such wise that all may understand and comprehend the doctrine. Then, if anyone is sick, the minister can know of it, and visit and console him in his sickness; and if the sick man be poor, the minister can give him what he may need, or shall find someone to do so, so that the sick man may not die without confession or extreme unction. To the living who are prepared for it, he can administer the eucharist, and can persuade everyone to prepare himself so that he can receive communion, and can labor with all earnestness in making known the great benefits which are contained in the most blessed sacrament, and how much is lost by those who do not partake thereof, and the obligation of all Christians to receive it. The minister can thus also personally care for the burial of the dead; and, in short, fulfil with solicitude and concern all the demands and obligations of his office as a priest, and in the care of souls. It is because the ministers in the Indias are burdened with so many souls, that we observe so little Christianity there, that so many die without the sacraments, and there are so many infidels to be converted.

Ninth conclusion: As soon as the Indians shall have become Christians the encomendero may with good conscience exact from them the tributes which are imposed and regulated by his Majesty or by persons commissioned by him; and the Indians are bound by conscience and justice to pay them, if they have adequate religious instruction and the encomendero fulfils the obligations imposed upon him by his acceptance of the encomienda.

Tenth conclusion: The encomenderos are under obligation to observe, exactly and faithfully, the instructions given them, that they may not transgress these in regard to the kind of tributes to be paid, or to the age or condition of those who must pay them--under pain of mortal sin, and of making restitution for what they shall have exacted in violation of law or beyond the amount assessed. The damages moreover, which are sustained by the natives in compelling them to pay tributes which they are not bound to pay, and the expenses incurred in making the collections, should be at the cost of the encomenderos and not that of the Indians.

Eleventh conclusion: It is grievous inhumanity and a sort of cruel tyranny to seize the chiefs and keep them prisoners until they pay the tribute of those who fail to do so; and it is a much greater wrong to afflict and torture them while in durance. He who shall make collections in this manner, or permit them to be thus made, is, aside from the mortal sin which he commits, bound to restore to the chiefs the tributes thus exacted from them; and would be most fittingly punished by being deprived of the encomienda of which, through his own wrong-doing, he has made himself unworthy.

Twelfth conclusion: Although the encomiendas are given to the encomenderos in return for their services to the king, our lord, the principal aim and object of his Majesty in giving them has not been, nor can it be, only that the Indians should pay tribute and render service to the encomenderos; but, on the contrary, that in return for the tributes which are paid them, the encomendero shall be obliged to provide the Indians with ministers to instruct and care for them, to defend and protect them, to see that they are not ill-treated, and to answer for them in all necessary matters. It therefore follows that the encomiendas are and should be instituted rather for the good of the Indians than for that of the encomenderos; and that the encomenderos cannot be termed, nor are they, the lords of the Indians, but their attorneys, tutors, and protectors.

Thirteenth conclusion: The tributes which the king, our lord, has imposed upon the Indians are not, nor can, nor should they be, all for his Majesty or for the encomenderos--to whom he allots them in order that from this fund may be taken all that is necessary to support the ministers of religious instruction, and for the embellishment of the churches and divine worship.

Fourteenth conclusion: The encomenderos who, to avoid or lessen expense, neglect to employ in their encomiendas all the ministers needed to accomplish and fulfil what has been set down in the eighth conclusion are in mortal sin, and cannot be absolved. Moreover, it is not enough to say that their encomiendas already have ministers; they must employ as many of these as are necessary to fulfil all the duties there enumerated, according to the number of souls contained in their encomiendas. And the said encomenderos are responsible for all the injuries and evils referred to in the said conclusion, if through their fault there are not ministers to do what should be done. The minister or ministers, moreover, are responsible if, when they have in their care so many Indians that they cannot properly minister to them, they shall be unwilling to receive or to look for other ministers to help them.

Fifteenth conclusion: The number of ministers required for each community cannot be readily determined, since there are not in all the encomiendas the same conditions existing; in some, the people live closer together than in others; and where they are more scattered, or more difficult of access, more ministers will be needed than when they live nearer one another. When they are thus near, and well disposed, five hundred Indians are a sufficient number for one conscientious minister to take in charge; and when we shall have an abundant number of ministers, they should be stationed in each encomienda, in that ratio.

Sixteenth conclusion: If through lack of ministers enough cannot be placed in each encomienda to give adequate instruction, such as can be obtained at the time should be employed, and the encomenderos shall remain under obligation to deduct from the tributes what has been stated in the seventh conclusion.

Seventeenth conclusion: All that the Indians have expended in erecting churches and houses for the ministers, and in their maintenance, through the unwillingness of the encomenderos to pay therefor, the latter are obliged to make good--the entire amount expended, for the maintenance of the ministers; and of that expended for churches and houses, their share.

Eighteenth conclusion: In order that, from this time forth, the encomenderos who do not maintain religious instruction may collect from their encomiendas the portion which is stated in the second conclusion, the following conditions shall be observed: (1) They shall endeavor, most assiduously and earnestly, to establish religious instruction in their encomiendas, that such establishment shall not be delayed; or, if it be not made, so that the lack cannot be imputed to their negligence and indifference. And, inasmuch as we have not here the requisite number of ministers, the encomenderos shall inform his Majesty how great is the lack, and supplicate him promptly to send ministers hither--offering, if it shall be necessary, to pay a part of the expenses to be incurred in sending them hither. (2) The encomenderos shall endeavor, personally or through the medium of persons skilled and competent, in whom may be placed entire confidence that they will deal with the Indians as God requires and the king commands, to defend the Indians and protect them against the injuries inflicted upon them. They shall strive to influence them, by good works and example, to accept the law of God, most carefully preparing them so that, when they have ministers of the Christian doctrine, they can be instructed. They shall not act as do some encomenderos (and most of them are of this sort) who visit their encomiendas not for the good of the Indians, but for their own profit; and who, through their presence, work more injury to the Indians by the many grievances which they occasion, and the bad example that they set, than the latter are advantaged in being thus pacified.

Nineteenth conclusion: It has been a very great error on the part of the encomenderos in these islands who do not maintain religious instruction to think that because they contribute a fourth part of the tributes they may collect and keep for themselves the remainder. This is based upon their misinterpretation of a decree of the king which states the portion which is to be appropriated from the tributes for the erection of churches and the support of the ministers (although this decree has already been annulled by others). This decree did not apply to the encomiendas which we here mention; for if the king himself cannot levy tributes, he could ill permit others to do so, excepting the encomiendas which we discussed in the ninth conclusion.

Twentieth conclusion: What has been already said in the preceding conclusions concerning the encomenderos likewise applies to the encomiendas which belong to the royal crown; for the king is under even greater obligation than are the encomenderos to provide his Indians with religious teaching; and to the same extent as they, he is bound to make restitution of all that has been unjustly collected. It follows from this that the officials of the royal exchequer, who are charged with the collection, of the tributes for the king, are obliged in conscience to observe and fulfil all that is stated in the preceding conclusions, and to make restitution of all the tributes, or such part of them as has been or shall be collected contrary to the tenor of the said conclusions. This obligation is all the greater for the governor than for the officials of the royal exchequer; since he, by reason of his office, is bound to care for all the natives of these islands, and not to permit them to be wronged, and to require satisfaction from anyone who may wrong them.

Twenty-first conclusion: Former governors were under obligation, as are those who rule both now and hereafter, to observe and fulfil, in the repartimientos which they assign or shall assign, the provisions contained in section 144 of the royal ordinances drawn up in Segovia in the year 73, the tenor of which is as follows: "When the country has been pacified, and its rulers and inhabitants have been reduced to obedience to us, the governor shall, with their consent, direct the partition of the lands among the colonists so that each of them shall be responsible for the Indians of his repartimiento, defend and protect them, and provide a minister who shall teach them to live in civilized ways, and shall do for them all else that encomenderos are bound to do for the Indians of their repartimientos." In the following section: "The Indians who shall be reduced to our obedience and allotted to the conquerors shall be persuaded, in recognition of universal seigniory and jurisdiction which we hold over the Indians, to assist us by the payment of a moderate tribute, from the fruits of the soil. It is our will that the tributes thus paid us be collected by the Spaniards to whom encomiendas shall be given, for which reason they fulfil the duties to which they are bound." What his Majesty commands in these two sections of the said ordinances conforms to both natural and divine law, both of which would be violated if even the king should contravene these ordinances. From this the governors will recognize the obligations under which they are to heed the attitude of the Indians whom they must allot in encomiendas, in order not to work against a law as just and necessary as this is.

Twenty-second conclusion: If in any case the governor allot an encomienda whose inhabitants shall not be in the frame of mind which the aforesaid law requires (a condition which must needs be very rare, and the result of causes so forcible that the king, upon consultation, would consider them of sufficient weight), in order that the governor may not be under obligation to make restitution of what shall be collected therefrom, he is bound to order such encomendero not to collect the tributes until he has, by his earnest endeavors and just treatment, brought the Indians to that disposition which, in the aforesaid two sections, his Majesty requires. In case the encomendero shall collect the tributes beforehand, the governor shall command him to make restitution; and if, for lack of such orders, the Indians shall suffer any wrong, the governor shall be responsible.

Twenty-third conclusion: The religious who are in the Indias are not under obligation to go to Spain to obtain other religious; and if they could avoid it they would do wrong in going on account of the great deficiency of ministers caused by such departures. But as the need of ministers is so great, and as they are not sent hither from Spain, those who go thither to procure them should be well rewarded for the great hardships that they undergo in bringing religious. His Majesty, moreover, and the members of his royal Council are under obligation to send back at once, and with suitable provision, those who in their service to God and the king, and for the welfare of these souls, have suffered such hardships.

Twenty-fourth conclusion: The king our lord and his royal Council of the Indias are bound to send to these islands so many ministers that they can give adequate instruction to all the natives therein, even if our religious do not go or send for others.

Twenty-fifth conclusion: His Majesty is bound to give orders and to make all possible efforts for the conversion of the infidels--not only those who recognize him and pay tribute, but those who are not under his sway and do not recognize him as their lord--so that they may all come into the knowledge of God and enter the bosom of the Church. Nor should this be accomplished in the manner hitherto employed employed--namely, by the perversion of all law, divine and human; by murders, robberies, captivities, conflagrations, and the depopulation of villages, estates, and houses. These wrongs are inflicted and perpetrated by those who, under pretext and in the name of preaching the gospel, entered the Indias, and have thus profaned the sacred name of God and made the holy gospel odious; and it is by them that our holy religion has been dishonored. But now that his Majesty knows what excesses have been committed in these islands, he should order that henceforth they shall cease, and that in the promulgation of the holy gospel the instructions and rules be observed which our Lord Jesus Christ ordained, and which His holy evangelical law directs and commands, and which the holy apostles and the apostolic men who came after them practiced and observed until our wretched times. Since the Spaniards entered the Indias, their excessive cupidity has devised new methods of preaching the gospel such as our Lord Jesus Christ never ordained, or His holy apostles knew; they are not permitted by the law of nature, nor do they agree with reason.

I shall send the proofs of these conclusions to your Lordship as soon as my occupations give me opportunity and leisure to prove them. At Manila, on the eighteenth of January, 1591.

_The Bishop of the Filipinas_

Letter from the Bishop of the Philipinas to the Governor

_Jesus_

In the document which I sent to your Lordship the other day was contained the substance of the opinion which I and other theologians of this bishopric hold concerning the collection [of tributes] from the encomiendas in these islands. I then stated that all the matter outlined therein would be sent later to your Lordship, proved in detail by convincing arguments. This, however, I have not been able to do, nor will it be possible as long as I must remain in this city; for day and night I am beset by necessary business. For this reason, I would be glad to be able to leave the city for a few days in order that I might conclude this matter--to which, since it is to be brought before his Majesty and his royal Council, persons who are to consider it with care, it would seem but right that I should also give most careful attention. And yet the truth of all that I say is so manifest that I would be put to little trouble if I were compelled to prove it; but considerable time would be necessary to put it in order. Having sent the aforesaid opinion to your Lordship, I ceased to concern myself about the matter, for it seemed to me that the document contained (although in outline) all that the truth required, and all that I had to say thereon. Accordingly, what remains for me to set down will not be an addition to the aforesaid, but merely an effort to explain it further, and to prove by arguments and authority what has already been stated in brief.

The dean informed me this morning that your Lordship was awaiting my opinion, and had suspended action until I should send it. I told him that, as far as I was concerned, I had already given it--that is to say, I had told your Lordship how I, as well as the other theologians, and right-thinking persons of this bishopric, felt in this matter. It is true, I did not send, as soon as I might, what remained to be said; but that, after all, matters but little for the truth of the affair. As I stated in the opinion which your Lordship has in your possession, all that I might afterward say is contained therein. However, in order that your Lordship may have a clearer statement of what I sent in that document, and of all else that I have to say, it has seemed expedient to send to your Lordship another paper, which accompanies this letter; therein are contained twenty-five conclusions, in which there is a summary of all that may be said in relation to the encomenderos of these islands, concerning both the collection of the tributes, and the obligations of the encomenderos towards the Indians of their encomiendas. Further, I have stated therein the duties of the governors in respect to their treatment of the Indians and the collection of tributes. I thought it best to state those conclusions in the same order as before, since I shall place them in that order in proving them.

I fully realize that for those who are accustomed to collect tributes with no other care for the Indians of their encomiendas than to obtain their money and then leave them to bear their afflictions, those conclusions must of necessity appear very severe; but, although the truth always hurts those whom it chastises, it should not on that account be suppressed--for, as St. Gregory says, one should not be hindered by any obstacle whatever from uttering the truth. The difficulty of this affair, moreover, does not consist in knowing what the truth is (for that is perfectly evident); but in the fact that unrighteous custom favors the powerful, and is hostile to those who, although they can do little, are unwilling to submit to what those who are in power choose to command. But the weak have given thanks to God, who has moved the heart of our most Christian king to order that a remedy be applied to so many and so great disorders and excesses, which up to the present time have been so contrary to natural law, and proved so great an impediment to religion and evangelical preaching, and so harmful and prejudicial to the inhabitants of these islands. Indeed, if we should hear, as God does, the complaints and outcries which continually arise in the hearts of these people, we would clearly see how much more cause there is for comforting them than for favoring those who have inflicted upon them such injury. And yet, if we but consider this carefully, we shall see that the Spaniards have done themselves still greater harm, since they have deprived the Indians merely of their property, but have incurred the condemnation of their own souls.

I, my Lord, do not wish, nor do I pretend, that the encomenderos should die of hunger, or that your Lordship should lack the means to fulfil your obligations; but I do maintain that we should have such care for what is right for the Spaniards as not to sicken more souls, or cause the gospel to be received in this land not gladly, but by force, and in such wise that it will not avail those who receive it.

The king, our lord, need only decree that this matter be left to the conscience of those who govern here; for his Majesty cannot examine it with his own eyes, and, consequently, the entire burden falls upon your Lordship and upon those of us who have to decide what shall be done. This affair is not one of so little risk as not to require a most careful consideration; for to deprive the Spaniards of the right of collecting the tributes from their encomiendas, when they might just as well do so, is to deprive them of their very property, and give them permission to collect from those who do not owe tribute, and to free them from obligation to the Indians. Thus the entire responsibility would fall upon those who might express their opinion; consequently, it has been necessary, as I have already said, to consider the matter most carefully. This I have done by consulting persons who know and thoroughly understand the point at issue; and by comparing therewith what I have seen and know from experience, and from my knowledge of the law.

Such are the contents of the conclusions which I herewith send your Lordship. I trust that you will be pleased to read them and will expect from me no other opinion than the one therein contained; for I have, and shall have, no other, and there is not a right-minded person in the bishopric who dares maintain the contrary.

Two points should be especially noted among those which I here set down. The one concerns the second conclusion wherein I make the following statement: From the small encomiendas may be collected half of the tributes even where there is no instruction, if the encomendero fulfils his duties; and from those of average size a third part of the same. Although there is, in strictness, no reason why one-half should be collected from the small encomiendas and only a third part from the others, yet after careful consideration, it has seemed to us both equitable and reasonable that, in a very small encomienda, the encomendero should collect from each inhabitant somewhat more for his maintenance than if the inhabitants were numerous and thus could provide, even when a less sum was levied, better support for the encomendero.

The other matter for consideration relates to the statements in the third and fourth conclusions concerning the restitution of what has thus far been taken from the natives. In this matter some moderation should be displayed, in view of the present needy condition of the encomenderos. This subject, however, will be discussed later, and the best possible arrangement will be made for assuring the peace of consciences, which we who are here strive to do. It is, too, no small grace to your Lordship, that this matter should be considered in your time. I can assure your Lordship that there has been much criticism concerning what past governors have permitted, and I do not know how in the end they are to fare with God; for a governor, from the very character of his office, is under obligation to prevent, within his jurisdiction, evils which can be remedied. God will know how to call to account those who have permitted these abuses, and will free your Lordship from these difficulties before they have entangled you. Your Lordship indeed owes much gratitude to God, for, whether or not the encomenderos make any collection, nothing will be cast into your purse without your experiencing much scruple at not having remedied the evil. God knows the scruples and anguish which the past has caused my soul, for, although it seems that I could have done no more than to raise my voice in opposition, and write to his Majesty, I am not sure that this will avail me with God, who is wont to dispose of such matters quite otherwise than we imagine; therefore, by giving my views upon this question, and by expressing to your Lordship my sentiments. I feel myself exonerated in the sight of God and of men. Let your Lordship reflect what it is meet to do, for my opinion has been already given. May God, our Lord, so enlighten your Lordship that in all things you may do what is right. Amen. From this, your Lordship's house, today, Friday, the twenty-fifth of January, 1591.

_The Bishop of the Filipinas_

The Governor's Reply

Assuming it to be his Majesty's will that, in the encomiendas where, for lack of ministers, instruction is not given, some tribute shall be collected, if only in recognition of services rendered, it seems but fitting that enough should be collected to sustain the encomendero--or, if he should abandon the encomienda, some person who should continue, in his stead, intercourse and relations with the Indians, so influencing and directing them that, when they are given instruction, they may receive it willingly; and settling the minds of the Indians, so that we can deal with them and travel among them. Such persons or encomenderos are accessory to the gospel, and should be supported, as ministers are, by the tributes of the Indians--who, if deprived of their presence and left without this intercourse, will doubtless become intractable, and a country which is at present secure and orderly will require a fresh pacification. Accordingly I say that if your Lordship should order the encomendero to appropriate, for his own maintenance and for necessary expenses (which are so great, and the encomiendas so small), [three--M.] [47] fourths of the tributes, and if the remaining fourth should [be used--M.] for the erection of a church, for ornaments, and other accessories of religious instruction; or, if this fourth part should be remitted to the Indians (although, in reality, if they think that by not becoming Christians less will be exacted from them, they will never become Christians or admit fathers into their territory; and it is certainly better for the Indians to have this fourth part held as a deposit for the three years, since at the end of that time [they can add--M.] to it a tribute, and assist in paying the expenses of erecting the church and the costs of other accessories of instruction and other necessary expenses which may arise); and if the above should be asked from them in advance, and as a whole--I maintain, that all this could not be exacted without great injury to the Indians.

This tribute should be collected with much gentleness toward the Indians, without the presence of soldiers and firearms, and without entering their houses. One house should, however, be set apart for the purpose of making these collections, where the Indians, summoned in friendly terms, may come voluntarily to pay their tributes; and no other force or pressure should be imposed upon them. Moreover, of the increase of two reals in the tributes, only one (and no more) should be exacted, and the aforesaid collection of the three-fourths should be general in all the encomiendas. There are no grounds for making a discrimination between the Indian of the large encomienda and the Indian of the small one; and if it is right to collect in the one, the same procedure holds good in the other, for the same thing applies to [four--M.] as to forty, which in this case would mean not to change the present and past condition of things, or the universal practice throughout all the Indias, by interfering with his Majesty's decree.

We should consider how little there is in this country besides the tributes, for the support of the encomendero or such person who has to represent him; and that, if the Indians should cease to pay the tributes, all would go to destruction; and even were religious instruction to exist, there would be no system for applying it. This instruction, moreover, is not at present in the hands of the encomenderos, for they have asked me, as I believe they have your Lordship, to make provision for the same, offering the necessary salary and expenses. Accordingly, since this charge is not in their hands, the above means might be justly employed; so that the districts which are disaffected might, with such intercourse, be prepared to receive the gospel in due time.

This plan can be followed temporarily, until information concerning it shall reach his Majesty--who, I assure your Lordship, will straightway adjust the matter by providing these islands, as well as those most distant and as yet unpacified, with sufficient religious instruction; and by determining what share of the cost shall fall to the encomenderos according to the detailed information and report which shall be sent hence to him, together with your Lordship's statement. Thus all will come to enjoy the fruits of the gospel, which is our principal end and object with these peoples. In return, they are to offer this moderate tribute, which is to facilitate their conversion, to which end everything is directed; and to prepare them for it by this means, without which there would be no way for endeavoring to interest anyone, even if the tribute should amount to many millions. But, with this justification, it can be levied.

The encomenderos shall maintain their residence, and, as your Lordship justly suggests, shall provide a good example and fair treatment toward the Indians of their encomiendas. And, in order that the latter may receive (as your Lordship says) some recompense in return, orders shall be given that all the encomiendas, however remote they may be, shall be provided with some administration of justice, with orders to the alcaldes-mayor in whose district these encomiendas chance to be to visit, at stated periods of the year, the Indians thereof. The officials shall then settle the disputes and redress the grievances of the Indians, bringing them by kind acts into intercourse and friendship with us. Where the present number of alcaldes-mayor is not large enough, others shall be sent, in order that thus may be facilitated our intercourse and influence among them. Under this pretext of administration of justice and of defense, at least a sufficient maintenance may be derived.

Let your Lordship take this matter into careful consideration. For my own part, cogent reasons oblige me to believe that, if this plan be not carried out, the encomenderos much of necessity abandon their encomiendas, as has [_illegible in MS._] and no one will be found willing to burden himself with this charge and enter into relations with the Indians, in return for so small a stipend. Even if there were such persons, we could not place in them the confidence that we now have in the encomenderos, in whose virtue and Christian spirit his Majesty's conscience remains at rest. This would not be so secure in the care of substitutes, who replace persons who have abandoned their holdings, for lack [_illegible in MS._] without much fear of being obliged to give a bad account of either themselves or the Indians; and, consequently, instead of introducing our holy faith among them, would only irritate the natives by oppression and ill-treatment.

This being so, if the encomenderos should abandon their offices, and no capable persons could be found in their stead, the rule of the Spaniards would come to an end in this land; for, as they possess here nothing beyond the encomiendas as a source of profit and a recompense for their services, if they should be deprived of these I fear that they all would depart from the country and it would be depopulated. In such a case, let your Lordship consider which of the two evils is the less, and which should be preferred: namely, that matters should remain in their present and past condition until his Majesty, after thorough information, make suitable provision; or that, in order to remedy this insignificant evil, we should run the risk of ruining and depopulating all the islands. I, my Lord, have not the slightest inclination to go to hell merely because the encomendero collects one or two thousand. After all, whatever your Lordship may consent to, and whatever we resolve to do, must be carried out, and I must order it to be executed, with the utmost promptness; for I understand this to be a matter which concerns the welfare of my conscience, wherein his Majesty unburdens his. But at present, I am thinking only of the difficulties involved in the execution of this act, which must be so hard for the encomenderos. When, in the establishment and accomplishment of a thing which in itself may be holy and good, there exist such obstacles that by means of them the whole is exposed to risk and danger, and the principal [_illegible in MS._], as your Lordship may discern in the case of the religious fathers, who, because they attempted to place the Indians in charge of justice, desired them to give up all, and thus there was constraint. Yet they had charity and love for them, for otherwise all would be lost. The same injury will be inflicted on the encomendero, if we oblige him to relinquish the tribute, and give him no other means of support. This the king can do, by the decree which is expected.

It is certain that the very success of the affair admits of no other outcome than this. For, assuming that his Majesty, to unburden his own conscience, should commit to your Lordship and to myself the conduct and decision of what should be done in this matter, and should order me to execute what we both might determine, and agree upon, provided your Lordship should decide that what you have set down in your opinion and in your conclusions, ought in conscience to be done; and if I should find that, although such action is just and right according to law, yet in attempting to carry it out it would be in no wise proper to run the risk of ruining these islands--in this case your Lordship and I do not hold the same opinions, and we should report this to his Majesty. In the meantime matters will remain as they now are; and, if resolutions must be adopted, it is much better that we should propose them conjointly to his Majesty, with complete harmony and satisfaction on our part, in order that he may give such orders as shall seem best to him. In the meantime we should not undertake [_illegible in MS._] all the more because, considering the affair in its beginnings, the commission and order of his Majesty--which instruct me to see that your Lordship consider what should and can be done in this matter; and also to execute the resolutions made by our joint agreement, with all the punctuality which is required therein--clearly express the will and determination of his Majesty, who mentions only the encomiendas which are at present disaffected, or have never been pacified. It is only concerning these latter, that doubts may be entertained as to the question of collecting the tributes, either in whole or in part (by way of recognition, as is stated in your opinion). These encomiendas are not reached by religious teaching, or by the administration of justice, or by other advantages; and, consequently, are the ones concerning which, as I have said, doubts are entertained. As for those encomiendas which may possess any of the aforesaid benefits, such as religious teaching, the administration of justice, intercourse, and other advantageous relations, there is no occasion for any dispute concerning them; nor should the management of these (as far as our present knowledge goes) be committed to your Lordship. It is, therefore, needless to include them in the general rule; but in dealing with the encomiendas which are disaffected, and in those not yet pacified, only a part of the tribute should be collected, for the unburdening of his Majesty's and our own consciences. Your Lordship's, etc.

The Petition Presented to the Governor by the City and the Encomenderos on the Fifteenth of February, 1591