“Take possession of the hospitals for his Majesty, as patron of hospitals. Have investigations made thereof, and of the accounts of whatever person may have the administration of them. The bishop is to place no obstacle in the way, although, if he wishes to be present, he may attend the investigation. Write this decision to the bishop.”]
7. In clause 5 your Majesty directs that religious be provided for the instruction of the Indians; and that they be not permitted to leave the islands, at least not until after due consideration, and with license from the governor and bishop.
8. Although your Majesty with holy zeal is so careful to furnish ministers for teaching, to evangelize and extend the faith to these natives, as you have always provided and now provide at great cost to the royal exchequer, nevertheless, many more workers are needed. For there are many encomiendas, both those in your Majesty's name and those belonging to private persons, some of which have never had a minister, but magistrates only; while others, although they have had ministers, have not had enough of them to give sufficient instruction. Thus it is most pitiable that many thousands of souls who have been subdued to your Majesty's service for many years, pay their tributes, declare their desire to become Christians, and ask for ministry, but for lack Page 141thereof are not converted. The encomenderos will be glad to pay their share of the expense for the support of the instruction, which they do not have in their encomiendas on account of the lack of ministers. Therefore I send herewith to your Majesty an exact account of the districts in this country where ministers are needed. And I beseech your Majesty kindly to provide ministers, to give instruction, as this is the principal royal purpose. In case of entrances and of taking possession of lands for your Majesty, the lack of instruction is one of the greatest troubles; for it is important to the service of God and of your Majesty that there be religious present when said entrances are made and possession is taken by your Majesty. They should be there to attend to the instruction, as the principal object, so that everything may be carried on according to the intention and obligation of your Majesty—that is, that the conversion of these souls may be brought to pass. It should be taken into consideration that, of those friars who are sent here, some die before reaching their destination and others after their arrival; while others grow infirm, and none are born. [Marginal note: “Friars are sent herewith; and care shall be taken that provisions be made according to the advices received.”]
9. Besides the cessation of the preaching of the gospel for lack of ministers, as has been stated above, which is the principal danger affecting the spiritual good, there is another question of no little consideration touching temporal welfare. In the present condition of things here, where there is no instruction (even should there be justice) the entire tribute cannot be raised, according to the statement of the theologians Page 142of this bishopric. The Indians must be left at least the fourth part of the tribute, which is about the sum owed and applied for the expense and support of the instruction. Taking into account the large number of tributarios and encomenderos of your Majesty, this would amount to a very great sum, which would not be collected for this reason, and your Majesty would lose much more in these fourths. There is another inconvenience in the lack of instruction, and that is, that where there is no instruction and the payment of the fourth is excused and less tribute collected, the consequence is very damaging for the other Indians; for they say that the Christians pay more tribute than do those who are not Christians, and consequently no one is willing to be converted. This effect would cease under adequate instruction, as all would become Christians and would pay the same tribute, there being no opportunity for the aforesaid practice. Moreover, restitution of the amounts collected would be obligatory in the places where there is no teaching. Over this subject of payment of tributes I have had various arguments with the bishop, as your Majesty will see by the papers which are sent herewith. By them your Majesty may understand more accurately all that has passed, and what the bishop and I have written and replied to each other. Therefore, as briefly as possible, I shall report it.
10. The bishop founds his opinion on clause 32 of my instructions. This treats of the encomiendas which are disaffected or have never been pacified; and orders that I try to correct the excesses in the collection of the tributes of such encomiendas as are without instruction. From this the bishop formed Page 143his opinion, or merely on account of his office of bishop—which, he thinks, makes him master of everything. He commenced his argument by saying that, as the Indians had no instruction, nothing could be collected from them, nor from the obstinate infidels living among those who have instruction, and who refuse the faith, even if instructed. He contends that, if anything had been collected, it should be restored. Also, that in the encomiendas where there is justice or other temporal benefit which tends to the spiritual, the third part of the tributes in the large encomiendas could be collected, and in small ones, the half thereof. This sum would be for the support of the encomendero, and is even placed under certain conditions imposed by the bishop. He says that from the encomiendas which do not have sufficient instruction no tribute, or at least very little, can be collected; and, even then, it must be under the same obligation to restitution of the sum collected or to be collected by his Majesty and encomenderos, as well as certain royal officials, collectors, and others who order, permit, or consent to the same. This in substance is the content of the twenty-five conclusions of the bishop, or the greater part of them. As I said, the bishop at the beginning spoke with me personally in regard to these matters, and then gave his opinion to me in writing in the letters, treatise, and conclusions which I am sending now to your Majesty. He preaches thus to the encomenderos from the pulpits. Inasmuch as it seems difficult for me—whose duty it is to give orders for the collection of the tributes, and correct the excesses in this regard, in the name of your Majesty—to put his theories into practice, I represented to the bishop verbally, at various times, the Page 144reasons that I had for making no innovations until after informing your Majesty and awaiting your Majesty's order and resolution. Setting forth many reasons, I tried to persuade him in the letter which accompanies this; I wrote to him explaining that, even in the never-pacified and rebellious encomiendas, your Majesty commanded that something be paid, as a token of recognition of authority. If there are justices and other benefits useful to the Indians, such as instruction in the faith, teaching them to live decently, and attracting them by kind treatment to receive instruction, when it should be furnished, then all the tribute could be collected except the portion due for instruction. If neglected, the Indians would become intractable and all would be lost. If tribute is never exacted from the infidels, they will never become Christians. This tribute should be collected with all possible gentleness, avoiding violence and wrongs to the Indians. The furnishing of instruction is not delayed by the encomenderos, for they urgently ask for it; but it is not given them because of the lack thereof. It seemed to me that, for the said reasons and others, it is better to make no innovations now; but that an account of everything be given to your Majesty so that you may order the necessary provisions. In the meanwhile, collection will be allowed of at least three-quarters of the tributes belonging to the encomenderos. If their support is taken away, these men would leave the land, and everything would be lost. In that case, even if there were instruction there would be no one to receive it; and the Indians would have to be conquered anew. In particular some arrangement should be made so that the Indians shall receive benefit and profit from us, by Page 145introducing justice where none has existed, and continuing commerce, so that they will conceive love and affection for us and will be disposed to receive the faith whenever there may be anyone to teach it. Thus, I told the bishop, the least troublesome way was for affairs to remain in the same condition until after your Majesty had been consulted. Otherwise the land would be lost if the encomenderos should abandon it, which would without doubt come to pass if they could not be supported therefrom. Moreover, in accordance with these conclusions of the bishop your Majesty would be obliged to make restitution of more than one hundred and fifty thousand pesos, and there would be lost every year more than thirty thousand pesos of income. As for the encomenderos, there was not enough property in the world for restitutions, nor would there be greater cause for pity than that an encomendero who has spent so many years in conquering this land should be deprived of the bread for his sustenance therein. Furthermore, in that letter I said to the bishop that, although it is true that your Majesty commits to him only the arrangements for the disturbed encomiendas and those unpacified (and these are the only ones in doubt), nevertheless, it was necessary in that case for us to meet, in order to discuss them all and give our opinions regarding them. Moreover I told him that, even though his opinion and advice were right and proper, yet, in carrying them out there were inconveniences and difficulties which endangered this land. For that reason I did not agree with him, and was of another opinion. Being unable to agree, it was better to advise your Majesty and await your consequent commands. As we had already waited so long, we Page 146could wait a little longer for the resolutions of your Majesty.
11. After several days the bishop replied to this letter by another of great length. He still insisted on the observance of his conclusions, saying that it was unnecessary to await new orders from your Majesty, as your Majesty had already remitted them to him and to me. He proceeded to interpret the aforesaid clause of the instruction after his own manner. He declares that your Majesty commands the payment of a small portion, as token of recognition of authority; and that three-quarters of the tribute is not a small part. He does not take into consideration that your Majesty does not treat therein of the encomiendas pacified, and under administration of justice, order, and other benefits, but of those never subdued or rebellious. The difficulties which I encounter in the execution of his projects he passes over with some generalities, as that God will preserve the faith which He has planted here; and that the encomendero will have enough for his support from the share assigned him—namely, the third of the large encomiendas and the half of the smaller. He also claims that the encomenderos will not abandon the encomiendas, as they are not deprived of all, but of only a part of them—and that only for the brief period until your Majesty declares what is to be done (and this period will be very brief); and it is to be noted that this declaration will be, beyond doubt, that the encomenderos and your Majesty shall not collect the tributes. The time intervening until the declaration comes from your Majesty seems to him short. As to leaving things as at present and collecting the tribute without any innovation therein, until after your Majesty has Page 147been consulted, the time appears to him long; and he thinks that orders and corrections will never cease coming from España, and that instruction will never be obtained in this manner. He enjoins upon me, the city, and the encomenderos to make every endeavor and use all diligence to supplicate your Majesty for said instruction. He declares frankly that if the infidels do not become baptized because they see that tribute is levied after such baptism, it is of no account that such are not converted. He supports himself by the reasons given in his letter, which are characteristic of one who does not have at heart the perpetuity and preservation of this state; and who does not see, in the distant future, the trouble which its loss might cause. He declares, moreover, that even though I should wish to do so I could not correct the excesses of the encomenderos and the injury which they inflict on the Indians. For the latter there are punishments, but none for the Spaniards. To establish more justice in the land would be to ruin it, as the officials do not do their duty, but rob the Indians. At this, the bishop returns to the subject of the restitutions in which he becomes engrossed; and declares that he is finishing a treatise or declaration in respect to them. With this he closes the letter in which he gives his opinion of what I should have done—concluding by advising that, before allowing the encomenderos to collect the tributes, I should investigate or make inquiries about their good or bad treatment of the Indians and how they treat, caress, and regale them. As soon as I should ascertain the truth, I should either give or deny the permission according to the results of the investigation. Then he makes a clever deduction, namely, that in the same manner he Page 148and the other confessors shall not absolve the encomenderos without first having made a detailed investigation and inquiry in respect to their treatment and good disposition toward their tributarios, so that they could grant or deny absolution accordingly. Thus he constitutes himself judge, in the exterior court, of encomenderos and their property.
12. While these letters were passing between us, and during several days after—which were wasted in persuading the bishop to make no innovations until after consultation with your Majesty; and, although our opinions do not coincide, we should however agree in giving account to your Majesty of what was happening—the encomenderos came to me sorely troubled, saying that in the pulpits, sermons, and confessional, they were being greatly harassed and many obstacles were being imposed on the collections in their encomiendas; and that they were being ruined, and were being prohibited now from collecting more than the third or the half of their tributes. They were also constrained to make restitutions of past payments. Thus they are so afflicted and ruined that, if this continues, they will have to be allowed to leave their encomiendas and to go to serve your Majesty nearer the royal person, where they may gain a livelihood—since after having served so many years with bloodshed and services which deserve merit and obtain it, these scruples are imposed. They ask me in the accompanying petition[1] if your Majesty would not issue some order declaring what must be paid.
13. Having investigated their grievance and affliction, and seeing that the bishop was reading his Page 149conclusions in the pulpit and was quite determined to have his way, and was even giving orders that absolution should not be granted to the encomenderos acting contrary to what he thought proper; inasmuch as the bishop declared in his conclusions and treatise that that was the universal determination and sentiment of all the theologians of this bishopric, I determined to communicate and confer with the superiors and religious of the orders themselves. Thus they might thoroughly and conscientiously consider what could and ought to be done in regard to this matter, and ascertain (if it were a fact that all held and thought alike) whether some regulation could be made; and if not, to advise your Majesty of everything. I acquainted them, in detailed information, with the reasons for making no innovations until after reporting to your Majesty, and for not restricting the poor encomenderos to such an extent. I discovered that three-fourths of the number of theologians and religious were of a different opinion, one quite contrary to that of the bishop. Although it is true that the Dominicans (of which order he is a member), but not all, hold that his doctrine is good, the Franciscans think differently; for, singularly enough, they have another opinion with regard to the payment of the quota and reject the bishop's opinion respecting the infidels. The Augustinian fathers, however, who are three times more numerous than the Dominicans, and with the Augustinians the fathers of the Society [of Jesus]—these two orders, I say, hold (in entire agreement, nemine discrepante) that the encomenderos can, with good conscience, collect the entire tributes from the encomiendas which have instruction, from both the believers and the infidels. Where Page 150there is justice, but no instruction, they may collect three-fourths of the payment, the remaining fourth being left to the Indians, the believer and the infidel paying equal shares. From the encomiendas which have neither instruction nor justice, nor other spiritual or temporal benefits, nothing whatever should be collected; nor from the encomiendas disaffected or unpacified, except in case of those disaffected without cause and through their own fault, which would accordingly pay the part justly collected by way of acknowledgment. All the aforesaid facts your Majesty may consider at greater length by means of the opinions which I send. It may be seen how many there are which vary from that of the bishop and his friars, who alone follow him. I saw fit to reply to a note in which he inquired what resolution I thought of taking, and what order must be given to the encomenderos for their collections. I declared therein that if he did not wish to wait until the return of our ships in two or three months, in which the remedy for all would doubtless be sent, I had resolved to give orders to the encomenderos according to a paper which I sent him, wherein my opinion was upheld in every respect and agreed completely with that held by the said fathers. [Marginal note: “Have this opinion brought, so that after consideration the contents of this letter may be replied to from clause nine to this point; also all the papers which are here acknowledged by the governor, and those of which mention is made in the following clauses as far as the twenty-first.”]
14. At this juncture, the bishop came to see me in these royal houses of your Majesty; and among other discussions in regard to my assertion that the clergy Page 151must not have preeminence over me in every respect, as they have done heretofore, he replied that he had directed his clergy that no one, not even your Majesty, had any rights here, and other things to this same effect. To this I replied that I would not interfere with his clergy, as far as punishing them is concerned, nor with his jurisdiction; but that the boat-service which they took from the Indians without payment, and a thousand other injuries committed by them under the pretext that they are fathers of instruction, ought not to take place; and that he had misunderstood me. It is true that I said he was very peevish; and I begged him to speak plainly for if we could not come to terms this time and disagreed again, I could discuss the subject no longer. While replying to me on this point and others, he rose from his chair at the beginning of the discussion, very wrathful and choleric. Several days later, on the fourth of March, he wrote me a letter as long as it was good-humored and free from anger—as may be seen, if your Majesty wishes. Nevertheless (not to discuss what concerns myself), it contains nothing new, except many arguments by which he still defends his opinion. Among other statements, he declares (and rightly) that the encomenderos are so loyal vassals of your Majesty that they would not leave their encomiendas nor the country, as if I had denied their fidelity and loyalty in thinking that if they could not be supported by their encomiendas, they would leave them, and, having abandoned them if they could not be supported therefrom, try to seek their fortunes elsewhere. He says also that although a Franciscan father is placed in every province, there is not sufficient result to warrant the paying of the tribute; and that neither Page 152the king of Castilla nor his officials have any greater power in the Indias than that given by the church, although the church does not have so much authority as this with the infidels. He still insists that your Majesty entrusted to both him and me equally the settlement of this matter; and that bringing justice into the land is like bringing firebrands: [Marginal note: “Answer him with what has been decreed in this.”]
15. To this letter I replied by another which your Majesty will please to have examined, in which I answered his assertion that without giving instruction to the Indians we can collect tribute; for he said that where there is justice, three-fourths of the tribute can be collected, as this is a temporal good which tends to spiritual benefit and which prospers, directs, and administers equally justice, government, and good order. It is not my intention to leave things thus as the bishop points out, until your Majesty has been consulted in regard to furnishing or providing other means of instruction, since you have therefor so great care and holy zeal. Moreover, the tributes are so moderate here that each Indian pays eight reals, whereas in Nueva España he pays twenty-four and thirty-two. For we see that since the Spaniards went to the Pintados, although without then providing instruction, their communication and example, and the blessing of justice, alone have caused hostilities, and the razing of towns among the natives to cease; as also the wars by land and sea waged among them; this is no small gain. This assertion that the ministry of instruction is more important and noble than that of justice and other good works, I admit; but justice and its ministers, and the other necessary means for the Page 153preservation and defense of the Indians, are of greater cost and expense than that for instruction—to which is allowed one-fourth, and which is reserved and kept for the Indians; thus in respect to the cost of each ministry its stipend must be given, as I prove in my letter by many arguments. As to his saying that your Majesty ordered me to remedy, with his help, these excesses in the collection of tributes, I responded that, only as regards the disaffected and never-pacified encomiendas, your Majesty orders me to communicate and confer with him, in these words: “I have heard that there has been and is disorder and misappropriation in the collection of the tributes from the disaffected or unpacified encomiendas,” etc. Therefore your Majesty bids us to discuss no others except these, as in the others I shall correct the excesses. The only ones in doubt are those disaffected. It says further that “Such encomiendas must not be abandoned; but that at least the entire tribute should not be collected, but only a small part in token of acknowledgment,” etc. Consequently it is not ordered that they be abandoned, but that something be collected; and even then nothing shall be collected except from those who are in rebellion without cause; your Majesty declares further that “Since the Indians of the said encomiendas receive no temporal or spiritual benefit from their encomenderos, there is no reason why they should pay,” etc. It clearly follows from this that, if they receive any temporal benefits—as is that of justice, and others which are proposed—the collections may be made. In continuing, your Majesty declares: “This is a matter that requires as effectual a remedy as you can provide; and I therefore charge you to “decide in this what appears to you to accord with the judgment of Page 154the bishop.” This does not mean to commit the affair to him alone; but, after hearing his opinion, and having examined his discussion and treatment of the matter with me, I am to resolve upon what measures are best for the remedy thereof, and then in the name of your Majesty provide and carry out that remedy, and have it observed most punctiliously. Further, I told him that two-thirds of the number of religious are of this opinion and sentiment, contrary to that of the bishop; moreover that the bishop himself and all the theologians were lately of one mind in this matter, but that now the bishop alone disagrees; and that I think I make no mistake in being guided by so many learned opinions in a matter which I find to be of service to God and my king. Furthermore, I replied to various inquiries that he made of me, such as the remedy which had been brought to bear in these things, and the resulting benefit. My answer is so long, that in order not to be detailed here, I refer your Majesty to the aforesaid reply, as well as to the result obtained, which I show there, and to the orders now in force. I see no other remedy than to take the matter as I find it. I see that for lack of justice nothing can be collected, as the Indian receives no benefit. I wish to establish justice for administration and government, and for dealings with and good management of the Indians, that both your Majesty and the encomenderos should receive profit; and that the royal estate should not suffer, nor the encomendero starve, abandon everything, and go away. For your Majesty's share alone there would necessarily be more than a hundred and fifty thousand pesos of restitution, not to count thirty thousand pesos of income which would be lost from the present tributes (for all the encomiendas Page 155belong to your Majesty); and these islands would be left alone without a single soldier, and with only the bishop and the religious, so that within one week there would be neither the one nor the other. I assured him, in fact, that without express order from your Majesty I could not curtail or diminish the royal income or alter the encomiendas from their first establishment, which they have had for twenty-six years. I answered him fully in respect to the establishment of justice where there is none, and the great good that would result therefrom. I urged him to appoint laymen of good life and example, who, while there are no religious there, may instruct and bring them up in the holy faith, as your Majesty commands in the royal charge regarding presentations—to which the bishop never has given me an answer. I told him that finally, in these two ways, it will be brought about that they will not be left alone and intractable, and thus ready to rebel and rise in two days' time. It were well that these laymen of good life, when religious are lacking, not only be not appointed by the bishop, but that they do not importune the Indians. The bishop does not wish others than the religious to do that, and meanwhile it is not done by either. It would doubtless be of some benefit, and the lack of instruction of which your Majesty complains would be obviated, if the encomenderos could furnish it. But, if there is no such thing in the land, the encomendero is not to blame—as your Majesty declares plainly in my instructions, clause forty-nine, in the following words, “they do not supply it or try to supply it as they are bound to do, and as they should, although there is a sufficient number of the said ministers.” Therefore, when there is not a good Page 156supply, but a lack of ministers, the encomendero is not at fault, and has no reason for not collecting his tribute. Should the encomenderos be deprived of this, your Majesty, as the party most interested, could not support here a soldier, nor the bishop, nor me, and everything would be lost. I replied to his question as to what action I should order taken; and finally, as authority (with added reasons) for the orders that were being carried out, I cited several authors who were quoted in an opinion that I had from the religious. He was greatly offended thereby as your Majesty will see by his reply, and I have just entreated him to wait at least until the ships arrive; and especially as, in a general meeting of the orders which took place soon after my arrival, all agreed, and he with them, in the opinion which I have now applied in my orders; and 1 asked him, inasmuch as he had approved of it then, not to make any innovation now. Finally, I begged him at least to refrain from scandalizing the people from the pulpit, defending certain opinions and refuting others very improperly and freely. Since the Augustinians kept silence, they should not be obliged to answer for themselves.