I have been informed also that there has been, and is at present, much irregularity in the collection of the tributes from the Indians, because the former governors of the said islands made the appraisements in a very confused and haphazard manner. For, although each Indian's tribute is worth eight reals, Page 236paid in whatever the Indian possesses, yet on account of certain words in the said appraisals and of the articles which are assigned for tribute—such as cotton cloth, and other products of the country—occasion is given for the said irregularity. This has resulted in each one's collecting whatever he wished, to the great offense and wrong of the said Indians; for when gold is plentiful, their encomenderos demand money, and when the latter is abundant and gold scarce, they demand gold, even though the said Indians have to seek and buy it. In short, they always demand the said tributes in those things that are scarce. Thus for the tribute of eight reals, some collect fifteen, and others twenty, twenty-five, thirty, and more, according to the value of the products that they demand, which they cause the Indians to seek and bring from other districts, to their great distress and affliction. As it is advisable to remedy this disorder and excess, I charge you that, with the concurrence and advice of the Audiencia, you shall endeavor to have the decree followed in regard to the payment by the said Indians of their tribute in money, gold, or land products—as they choose, without being forced or urged to pay it in any other thing or product whereby they suffer the said wrong, or any similar wrong; this shall be observed in the payment of the said tributes.
In regard to the lawlessness that has existed and exists, in the departure of the said religious from the said islands to the mainland of China and other places, without permission from the governor or archbishop (declaring that, because of their universal power, they will excommunicate those who prevent them) I have previously made known what Page 237was regarded as advisable—namely, that the religious should go to the said Philipinas Islands fully resolved to settle there, and not to go to any other place without your permission and that of the said archbishop; for I am sending them for this purpose, and they go there at so great expense to me, in order that my obligation to furnish instruction might be fulfilled. It is not right that, when they go there, they should frustrate all the above for their own individual ends and purposes, in order that they might secure and enjoy the privileges on which they are established; without being bound to their ministry, which they have no right to abandon. This must be understood as affecting the religious who go there for the purpose of settling and remaining in the islands, and not those who have my permission to go farther to other districts; for, when the latter is given or granted them, it will be after weighty consideration.
I have been informed also that, in order to correct the license that has existed, and the wrongs that have resulted from the departure of some from the said islands for China and other countries without order or permission, it would be advisable to ordain, under severe penalties, that no Spanish layman may leave the islands for any place, or to attend to any business, or give fragata, supplies, or any other aid to any of the said religious, except by my special order, or by your permission and that of the said archbishop. Inasmuch as this is coördinate with the contents of the preceding section, you shall note what is provided therein, for the same must be understood in what touches this matter, which it covers completely. Page 238
I have been informed that wrongs are inflicted on the heathen Chinese Indians who go to trade at the said islands, both in permitting the guards stationed by my royal officials on their vessels to take bribes (which are brought from China to give to private individuals, in order to allow them to do certain things), and in the conduct of those who register the vessels, who seize and take from them all the best merchandise, and leave them only the worst. This they pay for only at the price brought by the rejected merchandise. The Chinese, because they fear lest those who register their vessels should take their merchandise from them at the time of appraisal, value them at prices much in excess of their true value. The result of this is that, as the goods are sold afterward at very low rates, the Chinese pay my duties at the rate of valuation. Moreover, the masts are taken from their vessels in order to place them in Spanish vessels, as they are light; and in exchange they are given others, which are so heavy that they are lost. This is not right and ought not to be permitted. Therefore I charge you not to allow it, or to permit any wrong to be inflicted upon the said Indians. On the contrary, both you and the said Audiencia shall take special care to remedy the said wrongs, and to punish those who inflict them. You shall show all kind treatment and attention, both to the above and to all others who went there before for trade and commerce. You shall expedite them in every way and treat them well, as is advisable—not only so that they may continue the trade, but also so that they may be led to abandon the idolatry and blindness in which they live, and to receive instruction in the law of the gospel. Page 239
Because of the importance of attention to duties of citizenship on the part of citizen encomenderos—both for the conservation and defense of the said islands, and for their settlement and increase—I charge you to grant leave to no encomendero, under any considerations, to absent himself from the said islands, even if he should have permission from the viceroy and Audiencia of Nueva España. If anyone should absent himself without permission from me, or unless you shall have granted him permission for unavoidable reasons, you shall deprive him of his encomienda, and bestow it upon another and more deserving citizen. Inasmuch as Mariscal Gavriel de Rivera, Captain Juan Pacheco Maldonado, and other citizens went to Nueva España by permission of former governors, and although they have petitioned me for a prolongation of their stay there, not only have I not conceded this to them, but I have answered them bidding them to return. They were warned that their encomiendas would be declared vacant, as the time granted by their permission is already expired, unless they should have returned within the period by which they were bound. If you ascertain, upon your arrival at Nueva España, that they have not returned to the said islands, then you shall deprive them of the said encomiendas, and give the same to others. You shall admit no objection or excuse, for whatever you do contrary to this, now and henceforth, I hereby declare as invalid and null and void.
As I was petitioned, in behalf of the said islands, to grant them a concession ordering exemption from the duties on the first sale of the goods that they send to the port of Acapulco and other places, and also that Page 240the twelve pesos per tonelada of freight shipped by the citizens of those islands be not collected at the said port of Acapulco—this is the duty imposed by Don Gonçalo Ronquillo—answer was made them that the proceeds from these duties were very necessary in order to pay the soldiers and for other expenses. Accordingly Gomez Perez was ordered in his instructions to have them collected for the above-named purpose, and you shall do the same, until I ordain and order otherwise.
Much has been reported of the disadvantages arising from the trade between those islands and China. The Portuguese have complained of this, and declared it to be of great harm to them in their trading. They allege other reasons, in order to persuade me that this trade should be prohibited. But other reasons, proving the contrary, have not been lacking here, the first and foremost (and it is true) being that, by this means, the land already discovered can be conserved, and the gospel can be introduced into other lands farther on—a matter that under any other régime would be difficult and almost impossible; and although the Portuguese offer other important arguments, this is what most influences me. Therefore, in order to adopt the method which will best harmonize these difficulties, my council discussed the matter, and advised what you will see in the decrees which have been despatched on this occasion, and which shall be given you. I order you to have them observed and obeyed to the letter. However, if any disadvantages should result, or if there are any other more desirable methods, you shall advise me of all, so that after investigation, the advisable steps may be taken. Page 241
Because of my great desire that the contents of section seventeen be obeyed to the letter, I charge and order you that, whenever you write me and send me despatches, you shall send a minute and exact relation of all the meritorious persons who claim reward for services that they have performed in the reduction, pacification, and conservation of that land, with the character, seniority, and other circumstances concerning each of them. You shall send also a list of those whom you shall reward, with the means, method, reason, and justification of the reward that you shall have given them. This shall include both the vacant encomiendas that you shall have allotted, and the posts that you shall have filled, or any other means that you shall have employed in granting the said rewards. For if I have this information regarding them all, then the reason for the complaints and grievances of certain men can be investigated, who assert that they do not receive the reward and remuneration that they demand. In order to bind them more closely to the fulfilment of the aforesaid, a decree of like tenor shall be sent you, and you shall examine and obey it.
As you will find out, especial care has been taken that the ecclesiastics and friars who present themselves to give instruction should learn the language of the Indians whom they are to teach and instruct; and that chairs should be established where the said language may be taught, so that there may be plenty of priests and ministers who know the language, in order to fulfil the above purpose. But inasmuch as this method has not proved, nor is it now, a sufficient aid by which the Indians may be taught and instructed in the Christian faith and religion, so that Page 242they may receive as much benefit therefrom as is advisable and desirable—and as they would have received had the same care been taken to teach all the Indians Castilian, by which plan more and better ministers would have been had for their teaching and instruction, and they would have fallen into fewer errors, or none, on account of their idolatries and other former vices and superstitions—it has been deemed advisable to provide in this regard the decree[2] that will be given you with these instructions. Accordingly, after you shall have caused that decree to be proclaimed in the usual public places, with the necessary solemnities and other ceremonies, you shall meet with the Audiencia and secular and regular ecclesiastical dignitaries, and all together you shall decide and ordain how the contents of the said decree may be observed, obeyed, and executed exactly and to the letter, both in that city and in all the other cities of those islands and provinces, so that all its contents may be fulfilled and executed. You shall have the care in this that I expect from you, and as is demanded by its importance. Thus will our Lord be very greatly served, and the souls of the Indians advantaged. Whenever opportunity offers, you shall advise me of what shall be ordained for its fulfilment, and the manner and method of executing it.
And inasmuch as I have ever exercised especial care in maintaining all the kingdoms and provinces subject to me in peace, tranquillity, and justice, for this same purpose and object I established an audiencia in that said city and province, in order that everything Page 243might be governed by means of it, and justice administered with the universal equality, mildness, and satisfaction desirable. After its establishment I ordered it to be suppressed, as experience proved it to be unnecessary in a land so new and unsettled. In its place I sent a governor; and although his administration was excellent, yet, inasmuch as that community has grown and, it is hoped, will continue to grow, I have thought it advisable to found and establish the said Audiencia again. Accordingly, after having appointed you in the place of Gomez Perez, your predecessor, I have determined to establish the said Audiencia again. It shall be located in those districts, in order that their government may be similar to that of the other kingdoms under my dominion. I have appointed for it persons as auditors, a fiscal, and other officials. I have renewed the former ordinances[3] by which that said Audiencia was founded. You shall examine those ordinances, in order to have them observed and obeyed with the exactness that I expect from you. You shall mamtain the necessary peace and harmony with those acting as auditors, so that your government may be all that is needful and as I desire for the consolation, relief, and happiness of that community, and of its inhabitants, and my vassals therein. You on both sides [governor and Audiencia] shall administer the government with care, understanding—especially those of you who might be the cause of disturbing the peace, harmony, and friendly relations with which you, on both sides and jointly, must carry on the government—that I shall consider Page 244myself well served in the accomplishment and execution of this. I charge this upon you, and expect you to accomplish it with the good example that is due from you in everything.