The Philippine Islands, 1493-1898 — Volume 06 of 55 / 1583-1588 / Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century

by Unknown

Chapter fifth. Of some matters pertaining to the Indians

1. That the Indians should not pay the tenth on gold, either new or old. First: His Majesty should grant this grace and exemption to the Indians—namely, that for certain years they shall not pay the tenth of their gold; for with this concession they would better conform to the law, and would have gold in greater abundance, and openly and above-board; for now they dig but little of it, and hide most of that, in order to sell it to other nations. Although it has been ordained that the old gold be not taxed the tenth, yet, on the pretext of its being new, they tax it all, without the knowledge of the governor. This evil cannot be remedied among the alcaldes-mayor or other Spaniards who are concerned in the matter; nor do even the governors care greatly about it, or remedy it.

2. That, in the suits of the Indians, the process be summary. Second: In their law-suits, proceedings should not be conducted with such preparation, and so great expenses and long terms, as are usual among the Spaniards in a European chancilleria; but they should be summary, and only sufficient records be kept to give evidence, so that, in the future, no new suit can be instituted on the same ground. In regard to this the father will relate our difficulties, past and present and to come; and what the officers of justice do with the Indians—and the same as regards the ecclesiastics. The Indians should not be condemned to pay money fines, either for municipal purposes, or for charitable institutions; but other penalties in use among the Indians should be imposed, such as lashes, service in the hospitals, and other labors.

3. That the collection of tributes by force, and without any instruction being given to the Indians, excites and disturbs the country. Third: His Majesty should be informed of what has occurred in the collection of tributes from the disaffected or never-pacified encomiendas, and of how little heed is paid to his ordinances; and he should order them to be executed. Such Indians should not be compelled to submit; nor should all the tribute be collected from them, but only something as recognition, since they receive no benefit, nor know why it is demanded. Thus they regard it as a theft, and us as robbers. Severe penalties should be imposed on those who by only collecting the tribute each year and returning to this city, or by sending soldiers to do it as above stated (disturb the country and—Madrid MS.) render it impossible that the country can ever be pacified. For this reason many districts of these islands are disaffected, and must be subdued, as Burney, Maluco, Mindanao, and others near them. The same should be understood also in regard to the encomiendas allotted to the royal crown. This matter needs serious attention and correction.

4. The difficulty of furnishing instruction in some of the pacified islands. Fourth: His Majesty should be informed how little instruction is given in these islands, the difficulty of many [encomenderos] in furnishing it, and the much greater difficulty which arises from the topography of the country—because it is all islands, and several, or many, of them are so small that they do not allow an entire encomienda, since three hundred, four hundred, or five hundred tributes are not sufficient for the expenses of an encomienda; and many of these have only one hundred or two hundred tributes. To this difficulty is added the burden and danger of the voyage, the heat and rains, and the poor roads of the country. In regard to this matter should be stated whatever remains to be told; also the remedy that may be applied by adding to the tributes, and by making some islands dependent upon others, as his Majesty may deem best.

5. That a protector of the Indians, with a salary, be appointed, who shall not be the royal fiscal. Fifth: A protector of the Indians should be appointed, a Christian man, and with authority to defend them, and prosecute their suits. In order to avoid the losses and expenses generally caused to the Indians by protectors, because of their being common men, he should have a good salary; and the royal fiscal should not be the protector, because in his duties more cases against the Indians than in their defense necessarily arise, and he cannot neglect to prosecute them. Therefore it is advisable that the two offices be not merged in one person; and that the said protector be authorized to prosecute, even to the deprivation of encomiendas or other penalties, pecuniary or personal; that he have a voice and vote in the cabildo, both actively and passively; that he take precedence of the regidors and alguazil-mayor, and sit with the advocates and not with the prosecutors; that he be not an encomendero, and that the alcaicería [i.e., silk-market], and the care of the Chinese residing in Manila, be annexed to his office.