Opinions of the Religious
[At the request of the governor, the members of the various religious orders furnish him with their opinions regarding the collection of tributes. The Augustinians thus conclude, in brief: The natives who enjoy the benefits of Spanish protection, the administration of justice, and religious instruction, should pay the entire amount assessed on them as tribute; for it is but just that they should bear the expenses of these benefits. It was Spain to whom the Holy See allotted the work of converting the pagans of the Indias; and, although she has in doing so inflicted many injuries on the natives, she has also conferred upon them many benefits in converting and civilizing them. If she should abandon the islands great evils would result. Even tyrannical treatment does not justify vassals in refusing obedience to their rulers—in support of which position many citations are made from the Bible and from historical precedents. The Spanish rulers are accordingly entitled to collect the moderate tribute which they have imposed on the Indians, if they protect and instruct the latter—the condition on which their right to tribute is based; but Page 300all should pay alike, infidels as well as Christians, when they receive alike those benefits. As for the Indians who have not been provided with instruction and the protection of law, no tribute should in any case be demanded from them and whatever has been thus far collected ought to be restored to them in full, as having been unjustly and unrighteously exacted. In the encomiendas which, although once pacified, have since rebelled, a small amount of tribute should be collected, not to maintain the encomendero, but to meet the expenses of restoring order and obedience therein. In other cases, where the encomendero fulfils his obligations in other respects, but fails to provide religious instruction for the natives through lack of ministers, he is entitled to collect only part of the tribute designated—that is, what remains after deducting the amount due for the support of ministers (estimated in proportion to the number of the people), and for the erection and maintenance of churches. In short, the natives should pay only for such benefits as they actually receive. The amount to be paid should be based on the amount expended by the government and the encomenderos in providing those benefits.] In these islands the number of five hundred Indians (and in some places even a smaller number) has been assigned to each minister as sufficient for his charge; and to each minister of religion has been given a hundred pesos and a hundred fanégas of rice, all which is worth at least one hundred and twenty-five pesos; this is the fourth part of the five hundred pesos which the five hundred Indians are worth to the encomendero. It is then a fair rate of taxation, and usually the most exact, to deduct, when religious instruction is lacking, the Page 301fourth part of the tribute. [If the encomienda is governed with justice, its holder may in reason collect the other three-fourths. The fathers remonstrate against the proposal to allow the holder of a small encomienda to collect more than he may who has a large one, as unjust and dangerous. If the fourth part is to be withheld from the encomendero, they think that it should be at once returned to the natives from whom it was taken. They recommend that the governor give orders that the administration of justice be everywhere established in the encomiendas, and then three-fourths of the tributes may be collected. For this, however, they advise the appointment of deputies directly by the governor, to inspect the encomiendas regularly—a duty which will not be satisfactorily performed by the present alcaldes-mayor, or by deputies whom they would appoint; and these persons should be given adequate salaries, to obviate the possibility of their defrauding the natives. The paper is signed by the Augustinian provincial, Juan de Valderrama, and eleven others of the order.]
[The Franciscans base their opinion upon the right of the king of Spain to impose tribute, as derived from the commission given to that country by the Holy See for the evangelization of the Indians; but this right exists only where the gospel is actually preached. They partially agree with the Augustinians, but hold a radically different view as to the amount of collections to be made when the encomendero does not or cannot provide religious instruction, but does protect and defend the natives, and set them a good example. For these services, as tending to prepare the Indians for receiving the true faith, he may be entitled to collect one-third of the tributes; Page 302but considered simply as temporal benefits, they do not give him any right to do so. Even the administration of justice to the Indians confers upon him no right in itself; it does so only as it may aid in or support the preaching of the gospel. This opinion is signed by Fray Pedro Baptista and three of his brethren.]
[The Jesuits regard both religious instruction and the administration of justice as just ground for the imposition and collection of tributes. When the Spaniards take possession of any land without providing these benefits, they are only “establishing divisions of territory between the crowns of Castilla and Portugal,” which has nothing to do with levying tributes on the natives of such region. In encomiendas where instruction is not given through lack of ministers, only such part of the tribute may be collected as belongs to the administration of justice; and the part which would be used for the support of religion must be returned to the natives. The fathers cite, in support of their opinion, various learned theologians. They would permit the encomendero who protects his Indians, but is unable to maintain religious teaching, to collect means for the support of himself and family—for which purpose they would allow him three-fourths of the tributes. The other fourth should be returned to the Indians; and, in districts where there is not and will not soon be religious instruction, this should be done without telling them the reason for such action; otherwise, they will not wish to become Christians. They urge that definite and prompt action be taken in regard to this matter. Their opinion is signed by Antonio Sedeño and two other fathers, and is dated February 20.] Page 303
[The Jesuits also send to the bishop a long and learned discussion of the question, answering some of the twenty-five “conclusions” which were adopted by the bishop and clergy (ante, p. 276 ff.). Their position is the same as that already stated to the governor; but they make a more detailed and full statement of their opinions on certain points mentioned by the bishop. They think that, in encomiendas where both religion and justice are administered, the infidels as well as the Christians should pay tribute; for they also are vassals of the king, and receive from him those benefits, and they alone are to blame if they do not profit by the instruction placed before them. Where justice is administered, without instruction, the tributes should be collected, after deducting the amount needed for the support of religion.] The fundamental reason why your Lordship and we cannot agree in this matter is, that your Lordship measures it by standards of sustenance, and we by those of income and just and due tributes; for since there are so many Christians here, there is no doubt that the king holds these lands by just title, nor can he in conscience abandon them. [In regard to making restitution to the Indians for tributes unjustly collected, the Jesuits would exempt from this the governors and royal officials; but it should be required from the encomenderos. If in these matters, however, the bishop and governor do not agree with them, the fathers will support the position taken by those authorities. They desire that the latter shall make definite decision on such points as can be settled, without unnecessary delay. They oppose the bishop's desire to permit the collection of a larger part of the tributes from small encomiendas than from large Page 304ones, because this would be not only unjust, but a dangerous precedent and a source of intolerable confusion and uncertainty. The tributes should be considered not as the means of support for the encomendero, but as the right and revenue of the king—a consideration which must shape all conclusions reached upon this subject. The Indians are not bound to support the encomendero; that is due him for his services to the king, who gives him the encomienda for this purpose, and for means to carry out the obligations of the king to the Indians. If from this some encomenderos grow rich, that concerns only the king; it is well that he should have in his colonies powerful men, “who are the bone and sinew of commonwealths.” Besides, the labors and responsibilities of these men increase in proportion to the size of their encomiendas; accordingly, they should be duly recompensed. The services rendered to the natives by the king and the encomenderos are enumerated; even those which are secular help to maintain religious instruction, and are also more costly than that; they should then be well recompensed. The restitution to be made by the encomenderos is a matter to be decided by the secular rather than the religious authorities; and such restitution need be only one-fourth of previous collections. A curious piece of information is here furnished: “It is known that a priest's district, even if it is not very large, yields him eight hundred to one thousand pesos; and besides this he has fees for burials, marriages, etc. There are reports, and even numerous complaints, from both secular and religious sources, that for lack of means to pay the fees, many persons do not marry, but live in concubinage.” The Jesuits think that this fee-system Page 305is wrong, and that the priest should be content with his stipend, at least among the poor, whether Indians or Spaniards; this applies both to regular clergy and to friars. The bishop is urged to remedy this abuse.]
[This is followed by another paper, which discusses minutely, from the standpoint of the logician and theologian, the question of collecting tribute from infidels who are not provided with religious instruction; it contains abundant citations from the Scriptures and from ecclesiastical writers. As it simply elaborates the opinions they have already stated, we do not here present it.] (To be concluded.)
[1] This statement by the bishop, and the twenty-five “conclusions” which follow it are, in the original document from which we copy, misplaced in order of time; we therefore restore them to their proper place, as indicated by their respective dates.
[2] Apparently a metaphorical use of the word, a religious double entendre.
[3] The original MS. is in places torn or illegible; and matter enclosed in brackets, with the translator's initial, gives his conjectural readings of lacunæ.