Part 19
Don Phelippe, by the grace of God, King of Castilla, Leon, Aragon, the two Sicilies, Jherusalem, Portugal, Mallorca, Sevilla, Cerdeña, Cordova, Corçega, Murçia, Jaem, the Algarves, Algezira, Gibraltar, the islands of Canaria, the Eastern and Western Yndias, and the islands and mainland of the Ocean Sea; Archduke of Austria; Duke of Borgoña, Bravante, and Milan; Count of Habspurg, Flandes, Tirol, and Barzelona; Seignior of Vizcaya and Molino, etc. Inasmuch as I have been informed [43] by the city of Manila in the Philippinas Islands that the great consignments of money sent by the wealthy from Nueva España, for investment in Chinese merchandise and that of other countries, have caused ruin to that country; and that the factors and others taking part in the said trade buy the goods at wholesale prices, and raise the price of all the merchandise, so that the poor and common people of the said islands cannot buy them, or buy them at very high rates; and furthermore that, because of the number and size of the said consignments of goods, and the vessels being few in number (indeed, sometimes and usually but one, and then quite filled up and laden with the said merchandise for Mexicans), no space is left for the citizens and common people [of the Philippines] to send their merchandise: therefore, as they have implored me, as a remedy for the said annoyances, to provide and order that no consignments of money be sent from the said Nueva España to the said islands, and that they be not allowed to have factors or companies there, but that the citizens of the said islands alone be allowed to buy and export to the said Nueva España domestic and foreign products; and that, if anyone else should wish to trade and traffic there, he should be compelled to become a citizen of the islands, and reside there for at least ten years, or as might be my pleasure; and because my will is to concede favor to the said islands, in order that their condition may continue to improve, and the inhabitants thereof to be advantaged--I grant that, for the present, they alone, and no others--whether of Nueva España, or any other part of the Indias--may trade in China, and export, take, or sell to the said Nueva España the merchandise and articles thus traded for in both the kingdoms and mainland of China, and in the said islands, for the time and space of six years, first commencing from the date of the departure of the first vessel with a cargo of merchandise for the said Nueva España. I prohibit and forbid all other persons whomsoever, of whatever rank and preeminence, from trading in the said islands and in China for the space of the said six years, reckoned as above stated, under penalty of confiscation of the merchandise that they have traded for therein. I order that this my provision be promulgated in the City of Mexico, and that my royal officials there enter it in their books. Those of the said islands shall do likewise, and they shall endorse on the back of this said provision the date upon which it took effect, by the departure from port of the first vessel with the said merchandise. They shall send me a separate attestation of the same, so that I may know when the said six years are to be in force. And neither one nor the other shall do anything contrary to this order. [_Blank spaces for place, day, and month_] one thousand five hundred and ninety.
So that for the period of six years only, the citizens and inhabitants of the Philippinas Islands and none others, whether in Nueva España or other places, may trade and traffic in China. [44]
[Accompanying this decree is a separate paper reading as follows: "÷ By the crown of Castilla. Provision allowing the people of Manila to trade in China. His Majesty omitted to sign this decree, because he wishes your Lordship to summon Pedro Barbosa and Pedro Alvarez Pereira, and to ascertain from them what is written on the subject from India from Don Christoval de Mora to Pedro Alvarez. This latter will show your Lordship all the papers that he has bearing upon this matter; and after you shall have examined them, you shall advise his Majesty of your opinion. Sant Lorenzo, July 23, 1590." Without other signature than a rubrica or flourish.]
The Collection of Tributes in the Filipinas Islands 1591
_Source_: This document is obtained from copies of the original MSS., in the Archivo general de Indias, Sevilla.
_Translation_: It is synopsized, and partially translated, by Emma Helen Blair; the remaining translation is by Frederic W. Morrison, of Harvard University, and Norman F. Hall.
The Collection of Tributes in the Filipinas Islands
Memorandum of the Resources of the Hospital of Manila and Its Needs
The royal hospital for the Spaniards possesses about one hundred taes of gold in the encomienda of Darandum in Ylocos, which was assigned to the said hospital by Doctor Sande. DC pesos
It possesses, further, six hundred pesos, which were granted to it by the president from the encomienda which fell vacant because of the death of Don Luis de Sahajosa, in Ylocos. DC pesos
It possesses one thousand five hundred fanegas of rice, and one thousand seven hundred fowls, assigned by the president from the tributes of Caruya and Lubao, which belong to his Majesty. DLXX pesos
It possesses what your Lordship assigned it in the encomienda of Bondoy Moron, which, it is thought, will amount to more than eight hundred or nine hundred pesos. IU pesos
---------------- IIU.DCCLXX pesos
With the above, the said hospital cannot even support the expenses incurred for food and for services rendered by the Indians. It likewise needs a doctor, medicine, nurses, and other services, as well as exceptional delicacies, bed clothes, and tents. Indeed half the money is expended in the anointings and sweatings which are applied throughout the year.
There is also needed a chaplain, who is usually attached to the said hospital, to administer the sacraments to the sick.
The building of the said hospital does not suffice for its needs. It contains but one hall, where all classes of sick people are packed together, to their own detriment. Another infirmary is greatly needed for patients who suffer from buboes, and for anointings and sweatings; there are many sick with this disease, since this country is well suited to produce it. The said hospital also needs a room for the convalescents, for lack of which many relapses are wont to occur.
We also need quarters for sick women, for many poor creatures do not recover because they have no money, and no place where they can go.
Likewise, the said hospital is in need of a kitchen, utensils, and quarters for its servants, all of which things are needful therein for the suitable outfit and service of the said hospital.
The captain _Cuenca_, as director of the hospital.
Discussion and Conclusions of the Bishop Concerning the Matter of Tributes
_Jesus_
Inasmuch as I understand that some of the encomenderos, and especially those from Camarines, have gone, or desire to go, to ask permission of your Lordship to collect from their encomiendas, in which they never have, nor do they at present, maintain religious instruction, I have deemed it best to send to your Lordship a brief statement of what I and the theologians of this bishopric feel concerning the collections in the aforesaid encomiendas, in order that your Lordship may understand how and in what way they are to be licensed to make these collections. [45] Although the king, our lord, has unburdened his royal conscience by entrusting it to your Lordship and to myself, I see no reason why we should weigh down our own souls and consciences with what others are to eat and expend.
The encomiendas existing in these islands are, in general, divided into two classes; for some of them have had and do still have religious instruction, and others have never had it in the past, nor do they enjoy it at present. The encomiendas which do not possess instruction are themselves divided into two classes: the first consists of those which have not had, and now have not, any religious instruction, nor have they ever received from their encomenderos spiritual or temporal benefits; on the contrary, their present condition is such that it would seem the Spaniards had never gone thither to do aught else than to reduce and conquer them in order to exact tributes. We may even say that the encomiendas are in worse condition than if the Spaniards had never come, for, with the harsh treatment and oppression that they have received at our hands, they are at present further from receiving the law of God than if they had never known us. The second class consists of the encomiendas which, although they have not been instructed, have received from their encomenderos, or by means of them, some temporal advantages which tend toward spiritual benefits, which prepare them so that they may be instructed, and that one may live among them in security. In the first division are included the encomiendas of Calamianes, which at present belong to Captain Sarmyento; the islands of Cuyo, which belong to Captain Juan Pablo de Carrion; the encomiendas which are in the islands of Mindanao and Jolo, and on the coast opposite, Mindoro and Elin; the encomiendas called Zambales, which extend from Maribeles to Pangasinan; in Ylocos, the valley of Dinglas, and the encomiendas which extend from Ylagua to Cagayan, and all those of Cagayan; and those which extend along the farther coast from Cagayan to Mavban; and, finally, all those other islands of like character, which I do not at present remember. In all the aforementioned places, it has been hitherto impossible to collect the tributes, and it will likewise be impossible in the future, should they continue to maintain their present attitude; but whatever has thus far been collected from them we are under obligations to restore.
In the other division are included all the remaining encomiendas of the Pintados, with the exception of a few in Panay where there is religious instruction. In the above division are included the islands of Leite, Negros, Babao, Balon, and Bohol; and, in the island of Panay, the encomienda of Captain Pedro Sarmiento; the encomienda of Axuy, which belongs to his Majesty and to Francisco de Rribera; the tingues [hills] of the river of Araud which belong to his Majesty and to Captain Juan Pablo de Carrion and two or three other encomenderos; the islands of Marinduque and Masbate, and all the others which extend thence to the mouth of the channel; in Camarines, the islands of Catanduanes and Lagunay, and those along the coast and many others which are in this condition. In all the aforesaid places it may be considered a general rule that religious teaching did not, and does not exist--or at least has existed for so short a time that it is practically the same as if it had never existed. Moreover, from all the aforesaid places and from others like them, since they have been in such condition that one could travel through them in security (and, if ministers should come, their inhabitants could be instructed), it has been possible to collect a certain amount of tribute, for aid, and support, and expenses. Not all, or even half, of the tributes, however, could be collected; if the encomiendas are rather large, only the third part is obtained, and if they are small, only half. Moreover, whatever collections were made from these encomiendas could not be made until they had been prepared as aforesaid. Inasmuch as this matter is a most difficult one, on account of the danger incurred in collecting from the Indians what they do not owe, and when they are not willing that it should be collected, and of depriving the encomenderos of what is due them in case they have fulfilled their obligations toward the Indians, this shall be the rule regarding such action as has been taken hitherto by the confessors, namely, that an encomendero who has simply made collections among the Indians, without having done them any temporal or spiritual good, shall not be entitled to collect any tributes; if, however, through his endeavors, or by trading with them, they are so well-inclined that he can go about safely among them, and they themselves can be instructed when they have ministers, the encomenderos shall be entitled to collect from them the portion which we have named above. In order that from this time forth, the king in the royal encomiendas, and the encomenderos in theirs, may, as has been stated, collect the third part or the half, the following conditions must be observed:
First: That the encomenderos shall endeavor, with the utmost diligence and care, to establish sufficient religious instruction in their encomiendas. In case they are unable to do so, they shall write to his Majesty, requesting him to provide the necessary number of ministers to teach the Indians; and they shall ask this so earnestly and effectively that his Majesty will feel himself under obligation to send ministers. They shall likewise offer, if it be necessary, to pay a part of the expenses which his Majesty shall incur in sending the ministers.
Second: In case ministers cannot at once be found to instruct the natives, orders shall meanwhile be given as to how the encomenderos are to reside in their lands. This should not be done in the manner which has been hitherto practiced, when some of the encomenderos hoping thus to reduce their expenses go to live in their encomiendas (indeed, I know not if there are any who act otherwise), and there employ the Indians in the service of themselves, their families, and their houses, taking away their possessions at the lowest price, and treating them as if they were their slaves. They care nothing for instructing the natives, or setting them a good example, or preparing them to receive baptism; on the contrary they exasperate the Indians with their harsh treatment, and cause them to abhor the law of God. Such encomenderos as these should not reside in their encomiendas: the governor ought to forbid them even to visit those places, and should himself appoint such person or persons as would fulfil toward the Indians the obligations which rest upon encomenderos.
Third: In the encomiendas of the king, and in those of the encomenderos who, for the aforesaid reasons, ought not reside in their encomiendas, such persons shall be appointed, with the approbation of the bishop (to whom his Majesty has entrusted this care, and which of right falls to him), as shall fulfil those obligations toward the aforesaid natives which are incumbent upon encomenderos, conformably to the law of God and to what his Majesty has provided and commanded in his laws and ordinances--in order that in this manner the Indians may be pacified and appeased; and so prepared that, when they shall have ministers, they can receive instruction from them. Under these conditions and limitations, the king in his encomiendas, and the encomenderos in theirs, may collect from the said encomiendas something from their current products, for help, maintenance, and expenses. That would be a third part of the tributes, if the encomiendas are large and the religious teaching sufficient therein; but if the encomiendas are small it would be half, as has already been stated.
Among the encomiendas which maintain religious instruction (although none, or very few, have enough of it), there are some whose inhabitants, although including some Christians, are for the most part infidels, and so ill-disposed and so unfavorably situated that it is impossible for them to receive the instruction, since there are not enough ministers in the said encomiendas. Even though instruction exists therein, no tribute, or at least very little, ought to be exacted of the infidels until they have ministers to teach them, and the encomendero influences them to give consent, so that they can be taught. In this class of encomiendas are included the tingues of Silanga, Pasi, Tabuco, and Maragondon; those of Pangasinan, and others in Ylocos; and the rest in the island of Panay. These encomiendas are among those which have religious instruction: the others have already been enumerated.
The encomenderos of these islands have fallen into an error, based upon a misunderstanding of a decree of the king, in which he commands that a fourth part of the tributes from the encomiendas shall be set aside in order to construct churches and to provide for divine worship. They imagine that by virtue of this decree those encomiendas which have never had religious teaching may collect the entire tribute, after setting aside a fourth part of it. Moreover, but a small number have set aside this fourth part, and they have done it very seldom. It is an unbearable deception for the encomenderos to hold this view, for this decree does not refer to the encomiendas which, as we have said, are deprived of religious teaching. As for the latter, not only can the king not give them license to collect their tributes, but, even were he here, he himself could not collect them. The aforesaid decree, moreover, treats not of these, but of the encomiendas whose inhabitants are already Christian. It is with regard to these that the king commands that a fourth part of the tributes be appropriated for the construction of churches; and that in place of the tithes which they, as Christians, owe to the ministers for their maintenance, a certain part of the tributes be appropriated in such wise as may be here decided. Afterward, I shall satisfactorily prove that it never entered the king's mind that the encomenderos would, by renouncing the fourth part of the tributes, fulfil their obligations toward their encomiendas.
The above is a summary of the contents of the opinion which I am preparing, wherein may be found a more extensive treatment of what I have here set down. In that document your Lordship will find complete proofs of what is contained in this summary, accompanied by arguments so cogent and convincing that there is neither room nor possibility for doubt in this matter.
Two other points are to be found in the clauses furnished to me by the secretary, Juan de Cuellar, drawn from the instructions which the king, our lord, gave to your Lordship for the good government of this land. In one of them there is a discussion of the two reals which his Majesty ordered to be added to the tributes hitherto collected. It also contains the views of the theologians of this bishopric, and my own, concerning this increase. Your Lordship will find them all in the document which, as I said above, I am preparing. Inasmuch as the execution of that clause is not immediately pressing, it has not seemed to me necessary to discuss it here.
The other clause deals with the means to be employed in establishing religious instruction in the small encomiendas and districts where the said instruction does not exist. Concerning this we shall have but little to say at present, not because the affair is free from very great difficulties, in undertaking to accomplish his Majesty's orders as contained in the aforesaid clause; but because there is no present occasion for anxiety regarding the establishment of this instruction, inasmuch as there are no ministers to undertake the work. I will only say that, if his Majesty does not decree that the small encomiendas be made into a few large ones, it will be most difficult (and indeed almost impossible) to establish therein religious instruction.
In conformity with this, your Lordship will see how you are to give permission to the encomenderos who do not maintain instruction, so that they may collect from their encomiendas, if your Lordship wishes to make secure your own encomienda [46] which I, by this statement, have enabled you to do.
May Jesus Christ, our Lord, bestow upon your Lordship the light of His grace, so that in all matters you may be enabled to accomplish His holy will, and secure the welfare and protection of these natives, which they so sorely need. From our house, on the twelfth of January of the year one thousand five hundred and ninety-one.
_Fray Domingo_, Bishop of the Filipinas.
Summary of the Decision Reached by the Bishop of these Philipinas Islands, and the Other Theologians of this Bishopric, Concerning the Collection of the Tributes Therein
_Jesus_
The first conclusion: From the encomiendas which have not had and do not have religious instruction, and have never received from the encomenderos any other benefit or advantage, either spiritual or temporal, than the collection of the tributes, then being left in their former condition (and such are most of the encomiendas in this bishopric), the tributes should not be exacted. But in case they have already been exacted, or shall be in the future, and the encomenderos shall have done no more good therein than they have thus far, those who have made these collections shall be compelled to make restitution therefor to the natives of the said encomiendas. This same obligation also binds those who, being obliged by their office, and having the power to prevent this evil, shall give license, or consent, or permission, that these collections be made.
Second conclusion: In the encomiendas which, although they may not have had or at present have religious instruction (or so little, and for so short a space of time, that no result can be observed), have been pacified through the earnest endeavors and good works of the encomendero, and whose inhabitants are so subdued as to permit of travel and residence among them, and favorably disposed to receive instruction in case there should be anyone to impart it to them; the encomenderos shall be allowed to collect a certain portion of the tributes--as, for example, the third part, if the encomiendas are of average size (for, if they are large, it is a great deal to collect the third part), and one half, if they are small--by which we understand a population of three hundred Indians, or a less number. The tributes thus collected are granted as aid for the encomendero's maintenance, and for the expenses of said pacification.
Third conclusion: All that was collected from the Indians before they were thus rendered willing to pay must be restored to them by those who made such collection, or by those who permitted it, as is stated in the preceding clause.
Fourth conclusion: All the rest of the said half or third part which has been or shall hereafter be levied upon the Indians, before they shall have received sufficient religious instruction, must be restored by those who have made or permitted to be made the aforesaid collections.
Fifth conclusion: From the encomiendas which have received sufficient religious instruction and whose inhabitants are all, or for the most part, Christians; or when those who are not Christians have voluntarily held back from conversion--all of the tributes may be collected, provided that care be ever taken that the infidels be persuaded and not compelled or forced to make these payments: indeed, as much concern should be had for them as for the others. Let it be understood that the said infidels do not refuse or be adverse to becoming Christians; for in this case the tributes may not be exacted from them--or, at least, not all, and even then with their consent.