Ninth conclusion: As soon as the Indians shall have become Christians the encomendero may with good conscience exact from them the tributes which are imposed and regulated by his Majesty or by persons commissioned by him; and the Indians are bound by conscience and justice to pay them, if they have adequate religious instruction and the encomendero fulfils the obligations imposed upon him by his acceptance of the encomienda.
Tenth conclusion: The encomenderos are under obligation to observe, exactly and faithfully, the instructions Page 268given them, that they may not transgress these in regard to the kind of tributes to be paid, or to the age or condition of those who must pay them—under pain of mortal sin, and of making restitution for what they shall have exacted in violation of law or beyond the amount assessed. The damages moreover, which are sustained by the natives in compelling them to pay tributes which they are not bound to pay, and the expenses incurred in making the collections, should be at the cost of the encomenderos and not that of the Indians.
Eleventh conclusion: It is grievous inhumanity and a sort of cruel tyranny to seize the chiefs and keep them prisoners until they pay the tribute of those who fail to do so; and it is a much greater wrong to afflict and torture them while in durance. He who shall make collections in this manner, or permit them to be thus made, is, aside from the mortal sin which he commits, bound to restore to the chiefs the tributes thus exacted from them; and would be most fittingly punished by being deprived of the encomienda of which, through his own wrong-doing, he has made himself unworthy.
Twelfth conclusion: Although the encomiendas are given to the encomenderos in return for their services to the king, our lord, the principal aim and object of his Majesty in giving them has not been, nor can it be, only that the Indians should pay tribute and render service to the encomenderos; but, on the contrary, that in return for the tributes which are paid them, the encomendero shall be obliged to provide the Indians with ministers to instruct and care for them, to defend and protect them, to see that they are not ill-treated, and to answer for them in all necessary Page 269matters. It therefore follows that the encomiendas are and should be instituted rather for the good of the Indians than for that of the encomenderos; and that the encomenderos cannot be termed, nor are they, the lords of the Indians, but their attorneys, tutors, and protectors.
Thirteenth conclusion: The tributes which the king, our lord, has imposed upon the Indians are not, nor can, nor should they be, all for his Majesty or for the encomenderos—to whom he allots them in order that from this fund may be taken all that is necessary to support the ministers of religious instruction, and for the embellishment of the churches and divine worship.
Fourteenth conclusion: The encomenderos who, to avoid or lessen expense, neglect to employ in their encomiendas all the ministers needed to accomplish and fulfil what has been set down in the eighth conclusion are in mortal sin, and cannot be absolved. Moreover, it is not enough to say that their encomiendas already have ministers; they must employ as many of these as are necessary to fulfil all the duties there enumerated, according to the number of souls contained in their encomiendas. And the said encomenderos are responsible for all the injuries and evils referred to in the said conclusion, if through their fault there are not ministers to do what should be done. The minister or ministers, moreover, are responsible if, when they have in their care so many Indians that they cannot properly minister to them, they shall be unwilling to receive or to look for other ministers to help them.
Fifteenth conclusion: The number of ministers required for each community cannot be readily determined, Page 270since there are not in all the encomiendas the same conditions existing; in some, the people live closer together than in others; and where they are more scattered, or more difficult of access, more ministers will be needed than when they live nearer one another. When they are thus near, and well disposed, five hundred Indians are a sufficient number for one conscientious minister to take in charge; and when we shall have an abundant number of ministers, they should be stationed in each encomienda, in that ratio.
Sixteenth conclusion: If through lack of ministers enough cannot be placed in each encomienda to give adequate instruction, such as can be obtained at the time should be employed, and the encomenderos shall remain under obligation to deduct from the tributes what has been stated in the seventh conclusion.
Seventeenth conclusion: All that the Indians have expended in erecting churches and houses for the ministers, and in their maintenance, through the unwillingness of the encomenderos to pay therefor, the latter are obliged to make good—the entire amount expended, for the maintenance of the ministers; and of that expended for churches and houses, their share.
Eighteenth conclusion: In order that, from this time forth, the encomenderos who do not maintain religious instruction may collect from their encomiendas the portion which is stated in the second conclusion, the following conditions shall be observed: (1) They shall endeavor, most assiduously and earnestly, to establish religious instruction in their encomiendas, that such establishment shall not be delayed; or, if it be not made, so that the lack cannot be imputed to their negligence and indifference. And, Page 271inasmuch as we have not here the requisite number of ministers, the encomenderos shall inform his Majesty how great is the lack, and supplicate him promptly to send ministers hither—offering, if it shall be necessary, to pay a part of the expenses to be incurred in sending them hither. (2) The encomenderos shall endeavor, personally or through the medium of persons skilled and competent, in whom may be placed entire confidence that they will deal with the Indians as God requires and the king commands, to defend the Indians and protect them against the injuries inflicted upon them. They shall strive to influence them, by good works and example, to accept the law of God, most carefully preparing them so that, when they have ministers of the Christian doctrine, they can be instructed. They shall not act as do some encomenderos (and most of them are of this sort) who visit their encomiendas not for the good of the Indians, but for their own profit; and who, through their presence, work more injury to the Indians by the many grievances which they occasion, and the bad example that they set, than the latter are advantaged in being thus pacified.