The Philippine Islands, 1493-1898 — Volume 25 of 55 / 1635-36 / 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

Decree Extending the Tenure of Encomiendas

The King. To Don Albaro de Quiñones, knight of the Order of Santiago, my governor and captain-general of the province of Guatemala, and president of my royal Audiencia resident therein, or the person or persons in charge of its government: as you have understood, the repartimientos and encomiendas of Indians which the kings my forbears and I have been accustomed to grant to various persons in that country, in consideration of their services, have been for two generations. Inasmuch as my intention has always been, and is, to show favor to those who serve, equal to their deserts, and especially to the pacifiers and settlers of those provinces, and considering the special importunities that many persons make, that the repartimento or encomienda which they hold may be prolonged for one more generation, they representing to me not only their own causes, but the advantages therein for the Indians, and their good treatment and education: with the consent and advice of the members of my royal Council of the Indias, after they had consulted with me, I have determined to show favor generally to all those who hold the repartimientos and encomiendas of Indians in those provinces, by prolonging them for another generation, in addition to the generations for which they now hold them, provided that they immediately, for this reason, contribute to my funds—those who shall possess encomiendas for a second generation, with the value of the first three years; and those who shall enjoy them in the third generation with the value of two years—so that that may be an aid to the heavy expenses that my royal treasury incurs in defense of these and those kingdoms, and of the increase and conservation of our holy Catholic faith. [It shall be] provided that this prolongation be not extended, nor be understood to extend, to those who should hold encomiendas of which the value exceeds eight hundred ducados and more; for such encomiendas must be kept to reward worthy persons, in the manner that has been followed hitherto. In order that this may be executed as is desired, I have thought best to order you and to charge you—as I do—that as soon as you receive this my decree you publish it in that city of Santiago, and in all the others of your government, so that all persons who shall desire the said prolongation of their repartimientos or encomiendas may come before you within one year, counted from the day of the said publication. Those who thus come before you within the said time you shall admit to the said agreement, under the above obligations. Having made the contract, you shall give them the necessary despatches, so that they may enjoy these for the third generation; and these shall be thus continued to them with the repartimientos which they possess, or shall be continued to those who shall duly succeed to them, according to the law of succession. They shall be obliged to have obtained within four years my confirmation of the same. Those who shall come after the said year has expired you shall in no case admit. With those with whom you shall make a contract, you shall try to regulate the value of the repartimientos and encomiendas, with the advice of the fiscal of that Audiencia and the royal officials of their district, enacting for that purpose the measures that you shall deem advisable; paying heed to the consolidations which must be made of the pensions that they pay at present. With those who shall possess their repartimientos and encomiendas without any stipulation for the consolidation, you shall contract in the same manner and form, with the obligation to come to obtain the confirmation. You shall proceed in both cases with the like care that the business be regulated and transacted so that my royal treasury be paid, exactly and promptly, what belongs to it because of this. The sum resulting from this you shall send me at the first opportunity in a separate fund, and shall not put it with the rest of my revenues—sending it directed to my president and official judges of the House of Trade at Sevilla. You shall make a special report of what proceeds from each contract, and of those who wish to make contracts in regard to the encomiendas which they possess in those kingdoms; and those who enjoy those encomiendas while living in these kingdoms shall come to make these contracts in the said my Council of the Indias, where they will be admitted without any time limit being set. Madrid, February 1, 1636.

I the King

By order of the king our sovereign:

Don Gabriel de Ocaña y Alarcon

Idem, to the [governor] of Yucatan, Philipinas, and Venezuela.