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.
Chapter sixth. Of matters pertaining to the soldiers
1. The serious troubles and annoyances which result from the soldiers not being paid. First: His Majesty should be informed that the country is not settled or pacified, because it is poorly governed and has so small a military force. There is lack of men, and even the few that we have serve with no pay or means of gain, but with many hardships and dangers, and in extreme poverty and desolation, and worse than captivity, since they are forced to service without any pay or support. From this ensue many evils. The first is, that they do nothing, and they cannot and even will not do anything voluntarily; and in this alone they are lacking in natural loyalty and fidelity to their king. Second: They go—poor, despised, disgraced, sick, and needy—to serve masters who are often mean, and persons who, although just to others, sometimes give these men no compensation. With such hardships, sorrows, and famine, and but few delicacies or provisions for their illnesses, many of them die, and that in great wretchedness. Third: They try to escape, as often as they can—now to Macan or to Malaca, sometimes to Maluco, but most commonly to Nueva España—under a thousand pretexts and excuses of being married, or sick, or bound to religion, and others. Fourth: On this account, the country has so bad a reputation in Mexico and in the other countries whence they might come, that no one of worth comes, but only very mean and worthless beggars, and destitute, shiftless, and useless fellows; and it would matter very little, and would even be better, if they did not come. Fifth: It is a pitiable thing to see men of rank and quality, and gentlemen, who have come for private opportunities and objects, poor, ill-clad, without shelter, service, or food, and needy, enduring great hunger and shame for the sake of supplying these needs—in the same day dining at one house and supping at another. Sixth: On this account, the captains and commanders neither dare nor can order anything freely, nor are the soldiers willing to obey; and therefore, not only is nothing accomplished, but there remains neither military order, nor respect for superiors, nor organization. Seventh: They have no weapons, or, if they have them, they are compelled to pawn or sell them for clothing and food. Eighth: On this account, many of them are almost forced to inflict injuries on the natives of the country in order to get food, and others to live with native women for the same reason. From all of these follows the ninth and greatest evil of all—namely, that the little that has been conquered has been so weakened that it is not growing, and shows no sign of future growth; and nearly all the rest is so disaffected, and without our having any opportunity or power to hold it, that not only will it remain as now, but it is even feared that the little already conquered will be ruined—especially as, besides the foe at home, there are so many surrounding enemies, those of Japon, China, Çian, Patan, Jabas, Burney, and Maluco, and other innumerable peoples. All this is in the utmost need of remedy, so that this Spanish state may not be destroyed, and so many souls of the natives lost, and the glory of their Creator and the knowledge of Jesus Christ effaced and forgotten. Nor should the enlargement of so great lands and kingdoms, for so much gain, honor, and renown of our Catholic sovereigns and of their faithful vassals, the Spanish nation, be neglected.
2. The great importance of paying the soldiers. Second: All this will be remedied, provided that his Majesty order that, inasmuch as there is an evident and imperative need here for troops, and for their participation, as now, in the exercise and labors of war—conquering, pacifying, conserving, controlling, and anticipating dangers; carrying the responsibilities of presidios [i.e., fortified towns], garrisons, and sentries; and enduring other duties and hardships, greater in this country than in any other—they be granted what is just and necessary, either from the treasury of Mexico or of some other country, or in such manner and method as his Majesty may consider better; and that the pay be the ordinary rate that is paid in the Yndias—or, if he chooses, even less. This will not only put an end to the said evils and annoyances, but will give rise to so great blessings; since the country will be quiet and settled, and there will be continual necessity for subduing and converting more lands, and conquering all of the neighboring islands and kingdoms. These will have the fear and respect that they ought to have for the power and might of his Majesty, and for the Spanish people—of which much has been lost and little gained of late years, because we have been so shut in and abandoned.
3. That three hundred and fifty soldiers with six captains, six standard-bearers, sergeants, and corporals are sufficient for that country. Third: For the above object, it will be sufficient that his Majesty maintain here three hundred or three hundred and fifty soldiers, with six captains, six standard-bearers, six sergeants, and twelve corporals, well drilled and equipped. This can be done in the Yndias at the price of fifteen pesos [to each soldier], and to the captains fifty, to the standard-bearer twenty-five, and one thousand pesos of additional pay, to be distributed annually at the will of the general.
4. That the soldiers should have no other duty or occupation. Fourth: We recommend that any one of the soldiers, on receiving an encomienda or other appointment, shall draw no more pay; and that while he draws pay, he shall not be allowed to trade or traffic, under severe penalties—for this lure and anxiety is the destruction of soldiers; it lessens and intimidates their resolution, and occupies them and distracts them from their proper aim, which is so necessary for the safety and increase of this land and of Christendom.