2. That many encomenderos do not furnish ministers of instruction. Second: His Majesty should be informed that although certain of the encomenderos, fearful of their consciences, strive to furnish the necessary instruction in their encomiendas, there are others who furnish none (many others who will not furnish any—Madrid MS.), or not the amount necessary, notwithstanding that there are enough ministers (who reside in the encomienda—Madrid MS.). Thus they do not lighten the burdens on the conscience of his Majesty, to whom belongs the country, and to whom it pertains to furnish instruction, and thus to justify the chief argument for collecting the tributes. This requires rigor on the part of his Majesty, in order that the Indians, since all can be and are so assiduously compelled by their encomenderos to pay tribute, may and shall be also instructed; for up to this time there are encomiendas which have been peaceably paying their tributes for fifteen, twenty (twenty-five—Madrid MS.) or more years, without ever having seen a minister or hearing one word about God; and who cannot imagine why they are paying tribute, unless it be by sheer violence. And, in the same way, there are many others, who are disaffected and pay by sheer force of soldiers and arquebuses, and by compulsion, etc. The principal reason for their disaffection is that they have not ministers; for there is nothing that settles and calms the Indians better than the treatment of all alike, and mildness, and an upright life, or at least to see that one has not an evil intention. The ministers also serve as a check on the encomenderos, collectors, and other Spaniards, who go among the Indians, and cause the usual altercations and scandals. And since there is no means besides force, even for the temporal, that his Majesty can use, and so that the pacified may not become disaffected, and that the disaffected may be held in check, severe and forcible measures should be taken to see that this instruction is given them. His Majesty should decide whether the encomenderos (who, in order not to spend money, do not furnish instruction) can collect the entire amount of their tributes, or he should inflict upon them what penalty he deems advisable; and he should decide—if, in order that they may furnish the instruction, it is necessary to increase the tributes somewhat—whether it can be done, as stated.
3. The injuries inflicted in the collection of tributes. Third: His Majesty should be informed of the great lack of system and the confusion existing in the collection of tributes, and the many injuries inflicted on the Indians by the Spaniards and their great opportunity for inflicting them; for, as he who made the assessments in die beginning was not a lawyer (as the first governors were not lawyers—Madrid MS.), nor acquainted with the mischief that could happen later in the collections, he rendered them very confused and vexatious. Although, in its general understanding, and in the usage of the first years, it is seen that the tribute amounted to the value of eight reals, paid in what the Indian possessed and desired to pay, still in certain words and clauses regarding the assessments and the articles which they fix as payment for the tributes—such as cotton cloth, rice, and other products of the country, or three mayces of gold and one fowl—opportunity is given for the lack of system now existing, each one collecting as he pleases, with great offense to the Indians, and harm to the country. For when gold is plentiful, and reals scarce, they ask for reals; when the latter are plentiful, and there is a scarcity of gold, they ask for gold, even when the Indians have to buy it; and when crops are plentiful, they ask for money, but when these are lacking, they ask for produce—such as rice, etc.—even all that the Indians have, and they are compelled to travel great distances to try to buy it at high rates. Thus, where the tribute is eight reals, some collect fifteen, and others twenty, twenty-five, thirty, and more, on account of the value of the articles that they demand, which they compel the Indians to search for and bring from other districts. Through this the Indians endure so great oppression and distress, that, on this account, several provinces have revolted, and others will not pay, except by force and with much disturbance. All, including the encomenderos themselves, desire that this matter be cleared up; but the royal Audiencia did not care to meddle with it, as it is a matter of tributes, and pertains solely to his Majesty. It is necessary that the tributes be in the standard of Castilian reals, paid in money, or in the produce of the soil, as the Indian has them, and as he chooses, provided that their value remains.
4. That his Majesty order the Spaniards to release their Indian slaves. Fourth: Although many of the Spaniards (all the Spaniards who have tender consciences—Madrid MS.), have, in obedience to his Majesty's decrees, given up the Indians whom they held as slaves, many others still retain them—forbidding them to have house or property of their own, or to live in their own villages and doctrinas. [42] A new decree is necessary, so that an end may be put to all this pest, as was done in Nueba España and Piru.
5. That the enslavement of Indians by other Indians be regulated. Fifth: His Majesty is informed that all the chief and wealthy Indians, and even many of the common people among them, have and continually make, many slaves among themselves, and sell them to heathen and foreigners, although the slave may be a Christian. It is ascertained that of the twenty and more different methods of enslavement not one is justifiable. Although in regard to those who are recently enslaved, and are known, reform is easy, still regarding the many held from former times, the bishop and all his assistants are in great doubt and perplexity, because, on the one hand, they see that the Indians possess and inherit the slaves from their parents and grandparents, while on the other, the ecclesiastics are certain that none, or almost none, of the slaves were made so justly. Therefore, hardly any learned and conscientious religious is willing, not only to absolve, but even to baptize or marry the Indian, unless he gives up his slaves; for these generally are, or were, stolen from other countries, or taken in unjustifiable petty warfare, or made slaves for very small debts—of which the majority admit no other payment than their enslavement—others by usury and barter according to their custom, and by other methods, even more unjust than these. It is necessary for his Majesty to ordain some method so that, now and henceforth, at least those who are under our control, may make no more slaves; that children born to those who are now slaves, or appear to be slaves, should be born free; that those that wish to redeem themselves may do so at a price adjudged reasonable by arbitrators; and that those held at present may not be sold to pagans, or to Indians not subject to his Majesty.
6. The annoyances to the Indians from lawsuits and the preparation therefor. Sixth: His Majesty should prevent the annoyances and troubles suffered by the Indians from the ministers of justice—alcaldes-mayor, deputies, notaries, and alguazils—by the many suits that they stir up among them, not only about events occurring since the advent of the Spaniards and a government, but also about events of former days, occurring in their heathen condition, and regarding their ancestors; these may be either civil or criminal. And these are not summary cases, but are conducted with all the preparation made in a chancilleria of España; and as the ministers of justice and their assistants are so many (and as there are so many alguazils, attorneys, secretaries, reporters, summoners, notaries, clerks, and servants of all these—Madrid MS.), and the Indians are so poor, ignorant, and cowardly, the latter spend their entire substance (all they have is quickly consumed—Madrid MS.), and they are left without any property or any conclusion to the suit, which keeps them frightened and uneasy. The encomenderos and ministers of instruction, who see the spiritual and temporal scandal occasioned to the Indians, desire that his Majesty remedy this; and the same is desired by the president and auditors—although one says that, without an order from his Majesty, no summary process can be conducted, but that justice must take its ordinary course.
Chapter tenth. Of the advice necessary to the religious who come to Manila and go to other countries
1. That the religious leave the islands for other countries without orders from the governor or bishop. First: His Majesty should be informed of the disorder in these islands which arises from the religious being allowed to leave them whenever they wish, and for any place where they choose to go, and that they have gone four times, without permission of governor, bishop, or any other authority in the islands—saying that, by the full power given them by the pope, whosoever shall hinder them will be excommunicated. By these departures they have caused and are causing many losses, and are gathering no harvest of souls.
2. The injuries caused by the departures of the religious. Second: The injuries on the part of the islands are, that the religious, whom his Majesty sends from España at so much cost to himself, declare, as soon as they have arrived here, that they do not come for the islands, but for China; and therefore they do not give themselves to the language of the Indians, or intercourse with them—but rather, to give color to their own acts in traveling farther to satisfy their curiosity and see new lands, they speak evil of the natives and of the country, thus giving it a bad name, in speech and by letter. They prevent religious, soldiers, and settlers from coming from España and Mexico, while in the islands they disquiet the other religious with desires to travel farther, or to return; and they rouse and excite the seculars and soldiers, so that, moved and deceived by the same curiosity; they should furnish them with fragatas and equipment, and go with them. Therefore, religious, soldiers, and vessels leave the islands—all of which has cost his Majesty so much money and causes great want.
3. The wrongs committed in the countries where the religious and the seculars go without orders. Third: The injuries on the part of the countries whither they go are not less, because those people are all disturbed and offended, and consider the religious as spies and explorers. Therefore they are continually preparing defenses and building fortifications, as those in China have done, who have added many war vessels and garrisons, because of their suspicions of these departures. And, as these religious go without order or provision, they cause our affairs—of both religion and war—to be held in contempt and ridicule; and the foreigners arrest the religious and soldiers, to whom they offer many insults, while they keep the fragatas and their cargoes—as they have done five or six times.
4. The difficulty caused by thinking that China and other kingdoms can be converted, since it is not so. Fourth: Likewise one may reckon as a harm and a serious difficulty the settled opinion formed in Nueba España, Castilla, and Roma, through letters, that China or Cochinchina, Canboja, Sian, and other districts, will be converted. Therefore, it is necessary that his Majesty be undeceived and that people in Europe [Nueba España, etc.] should be informed that, after all these departures, an embassy was sent by order of the governor, the bishop, and the community, who traversed all those kingdoms, even Malaca, yet now they are all more tightly closed than ever; while the religious, who have gone without orders, have accomplished nothing more than to be insulted and maltreated, and to leave the pagans more haughty and more on their guard.