Item: In those encomiendas where justice is administered, but where, through lack of ministers, there is no religious instruction, the tribute shall be collected, reserving that part which would be due to the minister, if they had one—namely, a fourth part of the tax, a little more or less, which part shall be left and freely surrendered to the Indians.
Item: In those encomiendas which, on account of their remoteness, have neither justice nor religious instruction, no tribute shall be collected until such time as God shall order the affairs of these islands; and his Majesty, informed of their condition, shall make other provisions, in order that he may be better served.
Item: The same is decreed for those encomiendas which are disaffected or have never been pacified. No collection shall be made in this case except from those encomiendas which, having once been pacified, and having rendered obedience to his Majesty, shall without any just cause rise in rebellion. From those encomiendas may be taken such part of the tribute as can conveniently be collected, for their preservation and by way of recognition; and whatever small portion his Majesty may order, and what the lord bishop cites, may be collected.
And since, according to the above, no tribute is to be levied where there is no justice, occasion is offered for many parts of these islands—which, on account of their great distance, are beyond its reach—to become turbulent and rebellious as soon as they realize that they are released from tribute which is now collected from them. Most pernicious consequences [would Page 23follow (?) —illegible in MS.] and many other districts would be disloyal and rebellious; and it would be necessary, when they should have sufficient religious instruction, to go back and win them and [illegible in MS.] anew. Assiduous efforts shall be made to provide, as quickly as possible, justice in the aforesaid encomiendas. Where it is now lacking, I charge the encomenderos to inform me of such districts and territories, with their topography and location; also of the number of those who pay tributes, so that I may appoint accordingly, in each encomienda, an alcalde-mayor, or a deputy, or others, if necessary, who may be suitable persons for such offices. They will have salaries sufficiently large to enable them to administer justice to the natives, protecting and defending them against anyone who would injure them, and maintaining such intercourse and friendship with them as will incline them to receive religious instruction when they shall have it. Thus in all the encomiendas which have this justice and preparation, as soon as it is known what benefits are conferred upon the natives by those ministers of justice, in influencing and governing them, as above stated, authority will be given to the encomenderos to collect the three-fourths of the tribute, as I have said. But in the meantime, none of it shall be imposed or levied; and as soon as justice is established, efforts shall also be made, until religious ministers shall come, to employ a layman or laymen of virtuous life and example, in order to instruct the natives, to the best of their ability, in the things of our holy faith; and such persons shall receive some benefice, in accordance with the royal right of presentation.
The encomenderos shall fulfil and observe all the Page 24aforesaid orders, under penalty of being deprived of their encomiendas. In encomiendas belonging to his Majesty, and in those of other and private persons when the encomenderos shall—by order, or through any other lawful impediment—be prevented from making the collections personally, in case these collectors should exceed just bounds they shall be fined five hundred pesos for his Majesty's treasury, and half the expenses of any war thus caused. In addition, they shall make good any losses caused by them to the said Indians, and shall pay all costs. The aforesaid persons are likewise ordered to make the collections with all possible gentleness and equity, observing the other instructions of his Majesty concerning the manner of collecting tributes. The Indians shall pay in kind, or in such articles as they prefer to give. I also order that an authorized copy of this my decree be furnished to each and every one of the encomenderos or collectors who shall engage in the aforesaid collections. This decree I order and command to be observed, fulfilled, and executed, under the penalties above stated, for the present and until such time as his Majesty, when well informed of the present state of affairs in this land, which has been mentioned above, shall make suitable provisions in these and all other matters, according to his pleasure. Upon the first occasion that offers itself there shall be sent on my part and that of the encomenderos of this commonwealth, to his Majesty, a detailed and careful account of what is here decreed and ordered, as well as what the lord bishop suggests and advises; so that his Majesty, having examined both sides of this question, may make such provisions and so direct our course that God and his Majesty may be best served, and all may have the Page 25same object. Done in Manila, on the twenty-eighth of February in the year 1591.
Letter from the Bishop to the Governor
[Evidently as the result of a dispute between these two dignitaries, Salazar writes (March 4) a letter to Dasmariñas, deprecating any hostility between them, defending his own position, ascribing the differences between them to intermeddlers, and prophesying evil to the country if Dasmariñas maintains his present purposes in regard to the tributes. He criticizes the governor's decree in various points—the permission to collect three-fourths of the amount levied; the appointment of more officials (in most of whom the bishop has no confidence); and the importance attached therein to the administration of justice in the encomiendas, as compared with the provision of religious instruction.]
Since your Lordship cares so little for these arguments, know that the reason which induced his Majesty to command that in Nueva España there should be no fiscals was, that they wrought injury to the Indians; ... and yet he had not so much certainty of the evil deeds committed by the fiscals as he has of those done by the alcaldes-mayor and the deputies. ... Among other decrees which, I am told, Doctor Vera brought when he came here as president of this Audiencia, is one commanding him to be very cautious in creating alcaldes-mayor, on account of the injury thus occasioned to the country. ... You say that you do not dare to make changes, lest the encomenderos abandon their encomiendas, or become disaffected; and yet you know that all the inhabitants of these islands, whether or not they possess encomiendas, Page 26have been and now are faithful and loyal vassals to their king; and that nothing which could occur, even to the injury of their property or lives, would prevent them from rendering obedience to his Majesty's commands. This is one of the things in which the inhabitants of these islands can take most pride, and his Majesty should most highly value them, on account of the fidelity with which they have served him, at the cost of their lives and possessions. [The king confers the encomiendas upon certain persons, who thus assume obligations to the Indians; that they may fulfil these, he orders them to collect the tributes. Accordingly, the alcaldes-mayor do not appear in the king's provisions regarding this matter, and Salazar questions the governor's right to appoint them.] Neither the king of Castilla nor his ministers can exercise, in regard to the Indians, more authority than what the church confers upon them; and the church has not over the infidels as much authority as some who think otherwise have given your Lordship to understand. ... The church did not grant'lordship over the Indians to the kings of Castilla with the principal object of establishing justice among them, but did so in order that they should furnish to the natives religious instruction—which always, and in every instance, can and ought to be given them. [No tribute should be imposed upon the Indians unless religious instruction is given to them; and to allow them the fourth part of the tax is not to benefit their souls. The bishop insists that the governor is responsible for taking such measures as shall remedy the present abuses, and urges him to accept the plan proposed by the clergy.] If your Lordship, after reading what I here state, shall decide to pursue and carry Page 27into execution the opinion and resolution which you have communicated to me, I cannot, without violating the obligations of my office, decline to release the consciences of those whom I have in charge. From this your Lordship's house, on the fourth of March of the year 1591.
Fray Domingo, Bishop of the Filipinas.