Part 22

[Replying (February 8) to the governor's letter, the bishop makes various suggestions. He considers that the responsibility for deciding questions connected with the tribute rests upon himself and the governor, and that it is unnecessary and undesirable to refer them to the king in ordinary cases.] This has been done for the welfare of these natives, or, to speak more exactly, in order that our holy faith may be received in these realms. On account of the many and glaring instances of lawlessness and disorder, this result is not yet accomplished in the greater part of these islands; and even those who have accepted the faith have received from it very little benefit. [Salazar urges the governor to meet this responsibility, and with him to determine the amount and methods of collection of the tributes. He remonstrates with the latter against his intention of collecting the whole or most of the tributes from the pagan Indians. Salazar says:] You state that the encomenderos will not desire the encomiendas, since they will obtain from them so little advantage, but will abandon their holdings; that the Indians will become unmanageable, and it will be necessary to pacify them anew, in order to have them instructed; and (which would be still worse) when the encomenderos can not be supported it will be necessary to abandon the country, and the faith will be ruined. This is certainly a very great difficulty, and would be the greatest which could befall us. But God, who has established here the faith, will not permit it to be so easily destroyed. Accordingly I maintain, first, that what is assigned to the encomenderos is not too small to support adequately any one of them whatsoever--not with the opulence and abundance that they desire, but as the extreme poverty and wretchedness of the Indians allows, and as the little that they have accomplished and are doing requires. For, if the encomienda be of good size, the encomendero can support himself very comfortably with the third part of the tribute, if it is expended in the same encomienda, where goods are held at lower prices; and if the encomienda be small, he may, by way of equity--although by the letter of the law he should take no more than does he who owns a large one--be allowed to collect the half of the tribute, since it would seem that he could not support himself with less. If they must have more, the encomenderos are not of so poor standing as not to have other relations and dealings by which they can increase their property and help to meet their expenses, in order that all the burden may not be laid upon the Indians; since even what they collect from the latter according to law they are not entitled to, until they pay the Indians what is due them.

[Salazar goes on to say that there is no danger that the encomiendas will be abandoned under this plan; and that the arrangement which he proposes is for only such time as is necessary to provide adequate religious instruction for the natives. Then the full amount of tribute may be collected, and the encomenderos will enjoy all their revenues. Most of them will shirk their obligations to the Indians, as they have done in the past, unless they are compelled to meet them; and Salazar thinks that they will be more ready to provide religious instruction if they are restricted from collecting the tributes until they shall have done so.] He who plants a vine expects to wait until it can mature its fruit; it is only with the Indians that the encomenderos will not wait until they are prepared to yield fruit, but are ready at once to cut their throats to make them yield it. And since they have thus far collected so many tributes from the Indians without justification for exacting them, it will be right that henceforth they should labor with them, without collecting from them the taxes so harshly, waiting until the Indians are prepared for having to pay the tribute; and the real preparation for this is to strive that they shall have instruction.

... For this they deserve some reward, such as the concession made to them in the second conclusion, which seems sufficient return for the little value of all that will be done for the Indians until they receive instruction. In order that your Lordship may be fully convinced that, even if further limitations should be imposed on the encomenderos, they need not for that abandon their holdings, your Lordship should remember that, after coming here, you reduced the salaries of some alcaldes-mayor, and took away those of some deputies; and yet they did not cease on that account to discharge their duties cheerfully, for they can with good conscience take whatever your Lordship shall assign to them. Why, then, should we fear that the encomenderos will leave their encomiendas, even if they are ordered to collect no more than the third part of the tributes?... Former governors, as well as your Lordship, have allotted encomiendas, imposing upon them an annual charge, for a limited period, for the benefit of the hospital or of some individual. These were most willingly accepted, the owners knowing that when the annual pension expired the encomiendas remained to them, which they might freely enjoy. It is certain, too, that what the encomenderos collected while the pension lasted was not equal to the third part. Why, then, will not the encomenderos endure this pension for so short a time, in order afterward to enjoy the encomiendas freely and with consciences at ease? for they can do that now.

[The bishop declares that the conversion of the pagan Indians will not be hindered by his plan. Not the least hindrance to the conversion of these islands is the harshness with which the tributes are collected from the Indians.] It is certain that when the faith is preached to the Indians on the plan and with the gentleness which our Lord ordained, attended with kind treatment and good examples, in accordance with the requirements of God's law, the infidels will never consider whether or not they have to pay tribute. For if they once reach a real understanding of what it means to be converted to God, and of the benefit which they receive from it, and the evils from which they are set free, not only will they not heed whether or not they are paying tribute, but they will, if necessary, surrender their goods and estates, in order not to remain without baptism. We need not vex ourselves to secure the baptism of infidels who avoid baptism in order not to pay tribute; since it is not such whom God chooses, or whom the church needs.

The greatest difficulty for the Sangleys who sought baptism has been the command to cut off their hair. It is certain that on this account many have failed to become Christians, whereat I have been exceedingly grieved. Not that I have not always wished, and still desire, that all of that nation might be converted, and I have exerted myself to that end with all my strength; but when I see one of them hesitate as to cutting off his hair, it seems to me that he has not come for baptism in the right spirit, and for that reason I do not admit him to baptism. Those, however, in whose hearts God has moved, and who truly understand what they are receiving (and there are many such), are not disturbed because their hair is cut, or because they are forever abandoning their native land. On the contrary, these persons have broken all ties, and submitted to every requirement, that they might not remain without baptism. It is true that we have baptized some of that nation without requiring them to cut off their hair, through our reasonable consideration toward them; but we have never consented that anyone of them should be baptized until he had made up his mind to allow his hair to be cut: and then he did not know that we intended to baptize him without removing his hair. From the above it may be inferred that the payment of little, or much, or none of the tribute is not in itself a reason for the infidels to avoid baptism; they do so because we oppose so many obstacles to the preaching of the gospel, and set so bad an example, and because it is so preached that they do not understand it.

[Salazar protests against the notion entertained by the encomenderos that "all their festivities and superfluous expenses should be at the expense of the wretched Indians, when they themselves do not fulfil their obligations toward the latter." Other persons can support themselves without an encomienda; so those who possess such aid can certainly do something outside of it to meet their expenses. The method of collecting the tributes hitherto has been little more than slavery for the natives; the bishop pleads in eloquent terms that the governor will reform this abuse, and consider the subject from the standpoint of the Indians as well as from that of the Spaniards.] In order that they may endure their hardships cheerfully, it is well that they should understand the change among the Spaniards which has occurred since the coming of your Lordship; for their burdens have been lightened by the reduction of the tributes from the former amount; and the Spaniards have done what they did not previously--that is, to treat the natives well, and to converse with them in a friendly manner. This, without doubt, will greatly incline them toward our holy Christian religion; and then the Indians cannot make this a matter of complaint against the Spaniards, but will keep silence and yield to whatever commands are given them. [The Spaniards have might on their side, and terrorize the weaker natives; but the right only should be considered, and is mainly on the side of the Indians. The conquerors have brought forward many specious arguments to justify their oppression, which for a time deceived even the bishop, who expresses his regret and remorse for his own mistakes; but his long experience has opened his eyes, and he espouses the cause of the oppressed Indians, urging the governor to consider their needs, without allowing the Spaniards to influence him in favor of their selfish and unjust practices. Salazar complains that the orders of both the king and the governors have been systematically violated or ignored; that no one has been punished for infractions of law save the poor Indians, who often have been justified in these

## actions.] But even this has not availed them to escape punishment

in their persons and property. Yet thus far there is no instance known when an encontendero or collector has been punished for even the grossest acts of injustice and injury which they have inflicted upon the Indians. And this is the Christian spirit and the justice with which we have thus far treated this unfortunate people--we, who came hither to bestow upon them a knowledge of God! Notwithstanding all that, we demand that they shall not dare to move, or to open their lips in complaint. But we have a righteous God, who hears them, and in His own time will bestow upon each man according to his deserts.

[The Audiencia had enacted laws favorable to the Indians, which the governor should enforce. For this purpose, it is useless to depend upon the alcaldes-mayor, since most of them care only for their own interests and profit.] On this account the president undertook to reduce the number of the alcaldes-mayor, and to increase the salaries of those who were left, in order to remove from them the temptation to plunder. He also wished to abolish entirely the office of deputy, as he had already begun to do; this would have been no little benefit to the country. [The country will only be injured by attempting to increase the number of officials; they aid in the oppression of the Indians, and care nothing for the bishop's efforts to oppose them. If the condition of affairs in Luzon is so bad, what must it be in Mindanao, or Xolo, or other remote districts? The Indians can not come to the governor with their grievances, and are helpless in the power of their oppressors.]

[Salazar briefly state the opinions given by the religious persons whom he has consulted regarding some of the chief points at issue. Most of them decide that the third part of the tributes will be enough for any encomendero, no matter how small his holding may be. As for the restitution of tributes unjustly collected, they all conclude that to require the return of all the goods thus acquired by the Spaniards would be too severe a penalty for the latter; but that hereafter no encomendero should be allowed to collect tributes from Indians unless he shall provide them with religious instruction, and if he shall so collect, he shall be compelled to restore to them the goods thus unjustly obtained. The governor is urgently entreated to investigate the manner in which the encomenderos are dealing with the Indians; to adopt and enforce the orders recommended by the clergy; and to permit no Spaniard to make collections of tributes unless he fulfil all obligations due from him to the natives. The same course should be pursued in the encomiendas belonging to the royal crown. If the governor will follow this course, the clergy will cooperate with him by refusing absolution to all who disobey.] From our house, February 8, 1591.

_Fray Domingo_, Bishop of the Philipinas.

Opinions of the Religious

[At the request of the governor, the members of the various religious orders furnish him with their opinions regarding the collection of tributes. The Augustinians thus conclude, in brief: The natives who enjoy the benefits of Spanish protection, the administration of justice, and religious instruction, should pay the entire amount assessed on them as tribute; for it is but just that they should bear the expenses of these benefits. It was Spain to whom the Holy See allotted the work of converting the pagans of the Indias; and, although she has in doing so inflicted many injuries on the natives, she has also conferred upon them many benefits in converting and civilizing them. If she should abandon the islands great evils would result. Even tyrannical treatment does not justify vassals in refusing obedience to their rulers--in support of which position many citations are made from the Bible and from historical precedents. The Spanish rulers are accordingly entitled to collect the moderate tribute which they have imposed on the Indians, if they protect and instruct the latter--the condition on which their right to tribute is based; but all should pay alike, infidels as well as Christians, when they receive alike those benefits. As for the Indians who have not been provided with instruction and the protection of law, no tribute should in any case be demanded from them and whatever has been thus far collected ought to be restored to them in full, as having been unjustly and unrighteously exacted. In the encomiendas which, although once pacified, have since rebelled, a small amount of tribute should be collected, not to maintain the encomendero, but to meet the expenses of restoring order and obedience therein. In other cases, where the encomendero fulfils his obligations in other respects, but fails to provide religious instruction for the natives through lack of ministers, he is entitled to collect only part of the tribute designated--that is, what remains after deducting the amount due for the support of ministers (estimated in proportion to the number of the people), and for the erection and maintenance of churches. In short, the natives should pay only for such benefits as they actually receive. The amount to be paid should be based on the amount expended by the government and the encomenderos in providing those benefits.] In these islands the number of five hundred Indians (and in some places even a smaller number) has been assigned to each minister as sufficient for his charge; and to each minister of religion has been given a hundred pesos and a hundred fanégas of rice, all which is worth at least one hundred and twenty-five pesos; this is the fourth part of the five hundred pesos which the five hundred Indians are worth to the encomendero. It is then a fair rate of taxation, and usually the most exact, to deduct, when religious instruction is lacking, the fourth part of the tribute. [If the encomienda is governed with justice, its holder may in reason collect the other three-fourths. The fathers remonstrate against the proposal to allow the holder of a small encomienda to collect more than he may who has a large one, as unjust and dangerous. If the fourth part is to be withheld from the encomendero, they think that it should be at once returned to the natives from whom it was taken. They recommend that the governor give orders that the administration of justice be everywhere established in the encomiendas, and then three-fourths of the tributes may be collected. For this, however, they advise the appointment of deputies directly by the governor, to inspect the encomiendas regularly--a duty which will not be satisfactorily performed by the present alcaldes-mayor, or by deputies whom they would appoint; and these persons should be given adequate salaries, to obviate the possibility of their defrauding the natives. The paper is signed by the Augustinian provincial, Juan de Valderrama, and eleven others of the order.]

[The Franciscans base their opinion upon the right of the king of Spain to impose tribute, as derived from the commission given to that country by the Holy See for the evangelization of the Indians; but this right exists only where the gospel is actually preached. They

## partially agree with the Augustinians, but hold a radically different

view as to the amount of collections to be made when the encomendero does not or cannot provide religious instruction, but does protect and defend the natives, and set them a good example. For these services, as tending to prepare the Indians for receiving the true faith, he may be entitled to collect one-third of the tributes; but considered simply as temporal benefits, they do not give him any right to do so. Even the administration of justice to the Indians confers upon him no right in itself; it does so only as it may aid in or support the preaching of the gospel. This opinion is signed by Fray Pedro Baptista and three of his brethren.]

[The Jesuits regard both religious instruction and the administration of justice as just ground for the imposition and collection of tributes. When the Spaniards take possession of any land without providing these benefits, they are only "establishing divisions of territory between the crowns of Castilla and Portugal," which has nothing to do with levying tributes on the natives of such region. In encomiendas where instruction is not given through lack of ministers, only such part of the tribute may be collected as belongs to the administration of justice; and the part which would be used for the support of religion must be returned to the natives. The fathers cite, in support of their opinion, various learned theologians. They would permit the encomendero who protects his Indians, but is unable to maintain religious teaching, to collect means for the support of himself and family--for which purpose they would allow him three-fourths of the tributes. The other fourth should be returned to the Indians; and, in districts where there is not and will not soon be religious instruction, this should be done without telling them the reason for such action; otherwise, they will not wish to become Christians. They urge that definite and prompt action be taken in regard to this matter. Their opinion is signed by Antonio Sedeño and two other fathers, and is dated February 20.]

[The Jesuits also send to the bishop a long and learned discussion of the question, answering some of the twenty-five "conclusions" which were adopted by the bishop and clergy (_ante_, p. 276 ff.). Their position is the same as that already stated to the governor; but they make a more detailed and full statement of their opinions on certain points mentioned by the bishop. They think that, in encomiendas where both religion and justice are administered, the infidels as well as the Christians should pay tribute; for they also are vassals of the king, and receive from him those benefits, and they alone are to blame if they do not profit by the instruction placed before them. Where justice is administered, without instruction, the tributes should be collected, after deducting the amount needed for the support of religion.] The fundamental reason why your Lordship and we cannot agree in this matter is, that your Lordship measures it by standards of sustenance, and we by those of income and just and due tributes; for since there are so many Christians here, there is no doubt that the king holds these lands by just title, nor can he in conscience abandon them. [In regard to making restitution to the Indians for tributes unjustly collected, the Jesuits would exempt from this the governors and royal officials; but it should be required from the encomenderos. If in these matters, however, the bishop and governor do not agree with them, the fathers will support the position taken by those authorities. They desire that the latter shall make definite decision on such points as can be settled, without unnecessary delay. They oppose the bishop's desire to permit the collection of a larger part of the tributes from small encomiendas than from large ones, because this would be not only unjust, but a dangerous precedent and a source of intolerable confusion and uncertainty. The tributes should be considered not as the means of support for the encomendero, but as the right and revenue of the king--a consideration which must shape all conclusions reached upon this subject. The Indians are not bound to support the encomendero; that is due him for his services to the king, who gives him the encomienda for this purpose, and for means to carry out the obligations of the king to the Indians. If from this some encomenderos grow rich, that concerns only the king; it is well that he should have in his colonies powerful men, "who are the bone and sinew of commonwealths." Besides, the labors and responsibilities of these men increase in proportion to the size of their encomiendas; accordingly, they should be duly recompensed. The services rendered to the natives by the king and the encomenderos are enumerated; even those which are secular help to maintain religious instruction, and are also more costly than that; they should then be well recompensed. The restitution to be made by the encomenderos is a matter to be decided by the secular rather than the religious authorities; and such restitution need be only one-fourth of previous collections. A curious piece of information is here furnished: "It is known that a priest's district, even if it is not very large, yields him eight hundred to one thousand pesos; and besides this he has fees for burials, marriages, etc. There are reports, and even numerous complaints, from both secular and religious sources, that for lack of means to pay the fees, many persons do not marry, but live in concubinage." The Jesuits think that this fee-system is wrong, and that the priest should be content with his stipend, at least among the poor, whether Indians or Spaniards; this applies both to regular clergy and to friars. The bishop is urged to remedy this abuse.]