Nineteenth conclusion: It has been a very great error on the part of the encomenderos in these islands who do not maintain religious instruction to think that because they contribute a fourth part of the tributes they may collect and keep for themselves the remainder. This is based upon their misinterpretation of a decree of the king which states the portion which is to be appropriated from the tributes for the erection of churches and the support of the ministers (although this decree has already been annulled by others). This decree did not apply to the encomiendas Page 272which we here mention; for if the king himself cannot levy tributes, he could ill permit others to do so, excepting the encomiendas which we discussed in the ninth conclusion.
Twentieth conclusion: What has been already said in the preceding conclusions concerning the encomenderos likewise applies to the encomiendas which belong to the royal crown; for the king is under even greater obligation than are the encomenderos to provide his Indians with religious teaching; and to the same extent as they, he is bound to make restitution of all that has been unjustly collected. It follows from this that the officials of the royal exchequer, who are charged with the collection, of the tributes for the king, are obliged in conscience to observe and fulfil all that is stated in the preceding conclusions, and to make restitution of all the tributes, or such part of them as has been or shall be collected contrary to the tenor of the said conclusions. This obligation is all the greater for the governor than for the officials of the royal exchequer; since he, by reason of his office, is bound to care for all the natives of these islands, and not to permit them to be wronged, and to require satisfaction from anyone who may wrong them.
Twenty-first conclusion: Former governors were under obligation, as are those who rule both now and hereafter, to observe and fulfil, in the repartimientos which they assign or shall assign, the provisions contained in section 144 of the royal ordinances drawn up in Segovia in the year 73, the tenor of which is as follows: “When the country has been pacified, and its rulers and inhabitants have been reduced to obedience to us, the governor shall, with their consent, direct Page 273the partition of the lands among the colonists so that each of them shall be responsible for the Indians of his repartimiento, defend and protect them, and provide a minister who shall teach them to live in civilized ways, and shall do for them all else that encomenderos are bound to do for the Indians of their repartimientos.” In the following section: “The Indians who shall be reduced to our obedience and allotted to the conquerors shall be persuaded, in recognition of universal seigniory and jurisdiction which we hold over the Indians, to assist us by the payment of a moderate tribute, from the fruits of the soil. It is our will that the tributes thus paid us be collected by the Spaniards to whom encomiendas shall be given, for which reason they fulfil the duties to which they are bound.” What his Majesty commands in these two sections of the said ordinances conforms to both natural and divine law, both of which would be violated if even the king should contravene these ordinances. From this the governors will recognize the obligations under which they are to heed the attitude of the Indians whom they must allot in encomiendas, in order not to work against a law as just and necessary as this is.
Twenty-second conclusion: If in any case the governor allot an encomienda whose inhabitants shall not be in the frame of mind which the aforesaid law requires (a condition which must needs be very rare, and the result of causes so forcible that the king, upon consultation, would consider them of sufficient weight), in order that the governor may not be under obligation to make restitution of what shall be collected therefrom, he is bound to order such encomendero not to collect the tributes until he has, by his Page 274earnest endeavors and just treatment, brought the Indians to that disposition which, in the aforesaid two sections, his Majesty requires. In case the encomendero shall collect the tributes beforehand, the governor shall command him to make restitution; and if, for lack of such orders, the Indians shall suffer any wrong, the governor shall be responsible.
Twenty-third conclusion: The religious who are in the Indias are not under obligation to go to Spain to obtain other religious; and if they could avoid it they would do wrong in going on account of the great deficiency of ministers caused by such departures. But as the need of ministers is so great, and as they are not sent hither from Spain, those who go thither to procure them should be well rewarded for the great hardships that they undergo in bringing religious. His Majesty, moreover, and the members of his royal Council are under obligation to send back at once, and with suitable provision, those who in their service to God and the king, and for the welfare of these souls, have suffered such hardships.
Twenty-fourth conclusion: The king our lord and his royal Council of the Indias are bound to send to these islands so many ministers that they can give adequate instruction to all the natives therein, even if our religious do not go or send for others.
Twenty-fifth conclusion: His Majesty is bound to give orders and to make all possible efforts for the conversion of the infidels—not only those who recognize him and pay tribute, but those who are not under his sway and do not recognize him as their lord—so that they may all come into the knowledge of God and enter the bosom of the Church. Nor should this be accomplished in the manner hitherto employed employed—Page 275namely, by the perversion of all law, divine and human; by murders, robberies, captivities, conflagrations, and the depopulation of villages, estates, and houses. These wrongs are inflicted and perpetrated by those who, under pretext and in the name of preaching the gospel, entered the Indias, and have thus profaned the sacred name of God and made the holy gospel odious; and it is by them that our holy religion has been dishonored. But now that his Majesty knows what excesses have been committed in these islands, he should order that henceforth they shall cease, and that in the promulgation of the holy gospel the instructions and rules be observed which our Lord Jesus Christ ordained, and which His holy evangelical law directs and commands, and which the holy apostles and the apostolic men who came after them practiced and observed until our wretched times. Since the Spaniards entered the Indias, their excessive cupidity has devised new methods of preaching the gospel such as our Lord Jesus Christ never ordained, or His holy apostles knew; they are not permitted by the law of nature, nor do they agree with reason.
I shall send the proofs of these conclusions to your Lordship as soon as my occupations give me opportunity and leisure to prove them. At Manila, on the eighteenth of January, 1591.
The Bishop of the Filipinas