Part 20

Twenty-third conclusion: The religious who are in the Indias are not under obligation to go to Spain to obtain other religious; and if they could avoid it they would do wrong in going on account of the great deficiency of ministers caused by such departures. But as the need of ministers is so great, and as they are not sent hither from Spain, those who go thither to procure them should be well rewarded for the great hardships that they undergo in bringing religious. His Majesty, moreover, and the members of his royal Council are under obligation to send back at once, and with suitable provision, those who in their service to God and the king, and for the welfare of these souls, have suffered such hardships.

Twenty-fourth conclusion: The king our lord and his royal Council of the Indias are bound to send to these islands so many ministers that they can give adequate instruction to all the natives therein, even if our religious do not go or send for others.

Twenty-fifth conclusion: His Majesty is bound to give orders and to make all possible efforts for the conversion of the infidels--not only those who recognize him and pay tribute, but those who are not under his sway and do not recognize him as their lord--so that they may all come into the knowledge of God and enter the bosom of the Church. Nor should this be accomplished in the manner hitherto employed employed--namely, by the perversion of all law, divine and human; by murders, robberies, captivities, conflagrations, and the depopulation of villages, estates, and houses. These wrongs are inflicted and perpetrated by those who, under pretext and in the name of preaching the gospel, entered the Indias, and have thus profaned the sacred name of God and made the holy gospel odious; and it is by them that our holy religion has been dishonored. But now that his Majesty knows what excesses have been committed in these islands, he should order that henceforth they shall cease, and that in the promulgation of the holy gospel the instructions and rules be observed which our Lord Jesus Christ ordained, and which His holy evangelical law directs and commands, and which the holy apostles and the apostolic men who came after them practiced and observed until our wretched times. Since the Spaniards entered the Indias, their excessive cupidity has devised new methods of preaching the gospel such as our Lord Jesus Christ never ordained, or His holy apostles knew; they are not permitted by the law of nature, nor do they agree with reason.

I shall send the proofs of these conclusions to your Lordship as soon as my occupations give me opportunity and leisure to prove them. At Manila, on the eighteenth of January, 1591.

_The Bishop of the Filipinas_

Letter from the Bishop of the Philipinas to the Governor

_Jesus_

In the document which I sent to your Lordship the other day was contained the substance of the opinion which I and other theologians of this bishopric hold concerning the collection [of tributes] from the encomiendas in these islands. I then stated that all the matter outlined therein would be sent later to your Lordship, proved in detail by convincing arguments. This, however, I have not been able to do, nor will it be possible as long as I must remain in this city; for day and night I am beset by necessary business. For this reason, I would be glad to be able to leave the city for a few days in order that I might conclude this matter--to which, since it is to be brought before his Majesty and his royal Council, persons who are to consider it with care, it would seem but right that I should also give most careful attention. And yet the truth of all that I say is so manifest that I would be put to little trouble if I were compelled to prove it; but considerable time would be necessary to put it in order. Having sent the aforesaid opinion to your Lordship, I ceased to concern myself about the matter, for it seemed to me that the document contained (although in outline) all that the truth required, and all that I had to say thereon. Accordingly, what remains for me to set down will not be an addition to the aforesaid, but merely an effort to explain it further, and to prove by arguments and authority what has already been stated in brief.

The dean informed me this morning that your Lordship was awaiting my opinion, and had suspended action until I should send it. I told him that, as far as I was concerned, I had already given it--that is to say, I had told your Lordship how I, as well as the other theologians, and right-thinking persons of this bishopric, felt in this matter. It is true, I did not send, as soon as I might, what remained to be said; but that, after all, matters but little for the truth of the affair. As I stated in the opinion which your Lordship has in your possession, all that I might afterward say is contained therein. However, in order that your Lordship may have a clearer statement of what I sent in that document, and of all else that I have to say, it has seemed expedient to send to your Lordship another paper, which accompanies this letter; therein are contained twenty-five conclusions, in which there is a summary of all that may be said in relation to the encomenderos of these islands, concerning both the collection of the tributes, and the obligations of the encomenderos towards the Indians of their encomiendas. Further, I have stated therein the duties of the governors in respect to their treatment of the Indians and the collection of tributes. I thought it best to state those conclusions in the same order as before, since I shall place them in that order in proving them.

I fully realize that for those who are accustomed to collect tributes with no other care for the Indians of their encomiendas than to obtain their money and then leave them to bear their afflictions, those conclusions must of necessity appear very severe; but, although the truth always hurts those whom it chastises, it should not on that account be suppressed--for, as St. Gregory says, one should not be hindered by any obstacle whatever from uttering the truth. The difficulty of this affair, moreover, does not consist in knowing what the truth is (for that is perfectly evident); but in the fact that unrighteous custom favors the powerful, and is hostile to those who, although they can do little, are unwilling to submit to what those who are in power choose to command. But the weak have given thanks to God, who has moved the heart of our most Christian king to order that a remedy be applied to so many and so great disorders and excesses, which up to the present time have been so contrary to natural law, and proved so great an impediment to religion and evangelical preaching, and so harmful and prejudicial to the inhabitants of these islands. Indeed, if we should hear, as God does, the complaints and outcries which continually arise in the hearts of these people, we would clearly see how much more cause there is for comforting them than for favoring those who have inflicted upon them such injury. And yet, if we but consider this carefully, we shall see that the Spaniards have done themselves still greater harm, since they have deprived the Indians merely of their property, but have incurred the condemnation of their own souls.

I, my Lord, do not wish, nor do I pretend, that the encomenderos should die of hunger, or that your Lordship should lack the means to fulfil your obligations; but I do maintain that we should have such care for what is right for the Spaniards as not to sicken more souls, or cause the gospel to be received in this land not gladly, but by force, and in such wise that it will not avail those who receive it.

The king, our lord, need only decree that this matter be left to the conscience of those who govern here; for his Majesty cannot examine it with his own eyes, and, consequently, the entire burden falls upon your Lordship and upon those of us who have to decide what shall be done. This affair is not one of so little risk as not to require a most careful consideration; for to deprive the Spaniards of the right of collecting the tributes from their encomiendas, when they might just as well do so, is to deprive them of their very property, and give them permission to collect from those who do not owe tribute, and to free them from obligation to the Indians. Thus the entire responsibility would fall upon those who might express their opinion; consequently, it has been necessary, as I have already said, to consider the matter most carefully. This I have done by consulting persons who know and thoroughly understand the point at issue; and by comparing therewith what I have seen and know from experience, and from my knowledge of the law.

Such are the contents of the conclusions which I herewith send your Lordship. I trust that you will be pleased to read them and will expect from me no other opinion than the one therein contained; for I have, and shall have, no other, and there is not a right-minded person in the bishopric who dares maintain the contrary.

Two points should be especially noted among those which I here set down. The one concerns the second conclusion wherein I make the following statement: From the small encomiendas may be collected half of the tributes even where there is no instruction, if the encomendero fulfils his duties; and from those of average size a third part of the same. Although there is, in strictness, no reason why one-half should be collected from the small encomiendas and only a third part from the others, yet after careful consideration, it has seemed to us both equitable and reasonable that, in a very small encomienda, the encomendero should collect from each inhabitant somewhat more for his maintenance than if the inhabitants were numerous and thus could provide, even when a less sum was levied, better support for the encomendero.

The other matter for consideration relates to the statements in the third and fourth conclusions concerning the restitution of what has thus far been taken from the natives. In this matter some moderation should be displayed, in view of the present needy condition of the encomenderos. This subject, however, will be discussed later, and the best possible arrangement will be made for assuring the peace of consciences, which we who are here strive to do. It is, too, no small grace to your Lordship, that this matter should be considered in your time. I can assure your Lordship that there has been much criticism concerning what past governors have permitted, and I do not know how in the end they are to fare with God; for a governor, from the very character of his office, is under obligation to prevent, within his jurisdiction, evils which can be remedied. God will know how to call to account those who have permitted these abuses, and will free your Lordship from these difficulties before they have entangled you. Your Lordship indeed owes much gratitude to God, for, whether or not the encomenderos make any collection, nothing will be cast into your purse without your experiencing much scruple at not having remedied the evil. God knows the scruples and anguish which the past has caused my soul, for, although it seems that I could have done no more than to raise my voice in opposition, and write to his Majesty, I am not sure that this will avail me with God, who is wont to dispose of such matters quite otherwise than we imagine; therefore, by giving my views upon this question, and by expressing to your Lordship my sentiments. I feel myself exonerated in the sight of God and of men. Let your Lordship reflect what it is meet to do, for my opinion has been already given. May God, our Lord, so enlighten your Lordship that in all things you may do what is right. Amen. From this, your Lordship's house, today, Friday, the twenty-fifth of January, 1591.

_The Bishop of the Filipinas_

The Governor's Reply

Assuming it to be his Majesty's will that, in the encomiendas where, for lack of ministers, instruction is not given, some tribute shall be collected, if only in recognition of services rendered, it seems but fitting that enough should be collected to sustain the encomendero--or, if he should abandon the encomienda, some person who should continue, in his stead, intercourse and relations with the Indians, so influencing and directing them that, when they are given instruction, they may receive it willingly; and settling the minds of the Indians, so that we can deal with them and travel among them. Such persons or encomenderos are accessory to the gospel, and should be supported, as ministers are, by the tributes of the Indians--who, if deprived of their presence and left without this intercourse, will doubtless become intractable, and a country which is at present secure and orderly will require a fresh pacification. Accordingly I say that if your Lordship should order the encomendero to appropriate, for his own maintenance and for necessary expenses (which are so great, and the encomiendas so small), [three--M.] [47] fourths of the tributes, and if the remaining fourth should [be used--M.] for the erection of a church, for ornaments, and other accessories of religious instruction; or, if this fourth part should be remitted to the Indians (although, in reality, if they think that by not becoming Christians less will be exacted from them, they will never become Christians or admit fathers into their territory; and it is certainly better for the Indians to have this fourth part held as a deposit for the three years, since at the end of that time [they can add--M.] to it a tribute, and assist in paying the expenses of erecting the church and the costs of other accessories of instruction and other necessary expenses which may arise); and if the above should be asked from them in advance, and as a whole--I maintain, that all this could not be exacted without great injury to the Indians.

This tribute should be collected with much gentleness toward the Indians, without the presence of soldiers and firearms, and without entering their houses. One house should, however, be set apart for the purpose of making these collections, where the Indians, summoned in friendly terms, may come voluntarily to pay their tributes; and no other force or pressure should be imposed upon them. Moreover, of the increase of two reals in the tributes, only one (and no more) should be exacted, and the aforesaid collection of the three-fourths should be general in all the encomiendas. There are no grounds for making a discrimination between the Indian of the large encomienda and the Indian of the small one; and if it is right to collect in the one, the same procedure holds good in the other, for the same thing applies to [four--M.] as to forty, which in this case would mean not to change the present and past condition of things, or the universal practice throughout all the Indias, by interfering with his Majesty's decree.

We should consider how little there is in this country besides the tributes, for the support of the encomendero or such person who has to represent him; and that, if the Indians should cease to pay the tributes, all would go to destruction; and even were religious instruction to exist, there would be no system for applying it. This instruction, moreover, is not at present in the hands of the encomenderos, for they have asked me, as I believe they have your Lordship, to make provision for the same, offering the necessary salary and expenses. Accordingly, since this charge is not in their hands, the above means might be justly employed; so that the districts which are disaffected might, with such intercourse, be prepared to receive the gospel in due time.

This plan can be followed temporarily, until information concerning it shall reach his Majesty--who, I assure your Lordship, will straightway adjust the matter by providing these islands, as well as those most distant and as yet unpacified, with sufficient religious instruction; and by determining what share of the cost shall fall to the encomenderos according to the detailed information and report which shall be sent hence to him, together with your Lordship's statement. Thus all will come to enjoy the fruits of the gospel, which is our principal end and object with these peoples. In return, they are to offer this moderate tribute, which is to facilitate their conversion, to which end everything is directed; and to prepare them for it by this means, without which there would be no way for endeavoring to interest anyone, even if the tribute should amount to many millions. But, with this justification, it can be levied.

The encomenderos shall maintain their residence, and, as your Lordship justly suggests, shall provide a good example and fair treatment toward the Indians of their encomiendas. And, in order that the latter may receive (as your Lordship says) some recompense in return, orders shall be given that all the encomiendas, however remote they may be, shall be provided with some administration of justice, with orders to the alcaldes-mayor in whose district these encomiendas chance to be to visit, at stated periods of the year, the Indians thereof. The officials shall then settle the disputes and redress the grievances of the Indians, bringing them by kind acts into intercourse and friendship with us. Where the present number of alcaldes-mayor is not large enough, others shall be sent, in order that thus may be facilitated our intercourse and influence among them. Under this pretext of administration of justice and of defense, at least a sufficient maintenance may be derived.

Let your Lordship take this matter into careful consideration. For my own part, cogent reasons oblige me to believe that, if this plan be not carried out, the encomenderos much of necessity abandon their encomiendas, as has [_illegible in MS._] and no one will be found willing to burden himself with this charge and enter into relations with the Indians, in return for so small a stipend. Even if there were such persons, we could not place in them the confidence that we now have in the encomenderos, in whose virtue and Christian spirit his Majesty's conscience remains at rest. This would not be so secure in the care of substitutes, who replace persons who have abandoned their holdings, for lack [_illegible in MS._] without much fear of being obliged to give a bad account of either themselves or the Indians; and, consequently, instead of introducing our holy faith among them, would only irritate the natives by oppression and ill-treatment.

This being so, if the encomenderos should abandon their offices, and no capable persons could be found in their stead, the rule of the Spaniards would come to an end in this land; for, as they possess here nothing beyond the encomiendas as a source of profit and a recompense for their services, if they should be deprived of these I fear that they all would depart from the country and it would be depopulated. In such a case, let your Lordship consider which of the two evils is the less, and which should be preferred: namely, that matters should remain in their present and past condition until his Majesty, after thorough information, make suitable provision; or that, in order to remedy this insignificant evil, we should run the risk of ruining and depopulating all the islands. I, my Lord, have not the slightest inclination to go to hell merely because the encomendero collects one or two thousand. After all, whatever your Lordship may consent to, and whatever we resolve to do, must be carried out, and I must order it to be executed, with the utmost promptness; for I understand this to be a matter which concerns the welfare of my conscience, wherein his Majesty unburdens his. But at present, I am thinking only of the difficulties involved in the execution of this act, which must be so hard for the encomenderos. When, in the establishment and accomplishment of a thing which in itself may be holy and good, there exist such obstacles that by means of them the whole is exposed to risk and danger, and the principal [_illegible in MS._], as your Lordship may discern in the case of the religious fathers, who, because they attempted to place the Indians in charge of justice, desired them to give up all, and thus there was constraint. Yet they had charity and love for them, for otherwise all would be lost. The same injury will be inflicted on the encomendero, if we oblige him to relinquish the tribute, and give him no other means of support. This the king can do, by the decree which is expected.

It is certain that the very success of the affair admits of no other outcome than this. For, assuming that his Majesty, to unburden his own conscience, should commit to your Lordship and to myself the conduct and decision of what should be done in this matter, and should order me to execute what we both might determine, and agree upon, provided your Lordship should decide that what you have set down in your opinion and in your conclusions, ought in conscience to be done; and if I should find that, although such action is just and right according to law, yet in attempting to carry it out it would be in no wise proper to run the risk of ruining these islands--in this case your Lordship and I do not hold the same opinions, and we should report this to his Majesty. In the meantime matters will remain as they now are; and, if resolutions must be adopted, it is much better that we should propose them conjointly to his Majesty, with complete harmony and satisfaction on our part, in order that he may give such orders as shall seem best to him. In the meantime we should not undertake [_illegible in MS._] all the more because, considering the affair in its beginnings, the commission and order of his Majesty--which instruct me to see that your Lordship consider what should and can be done in this matter; and also to execute the resolutions made by our joint agreement, with all the punctuality which is required therein--clearly express the will and determination of his Majesty, who mentions only the encomiendas which are at present disaffected, or have never been pacified. It is only concerning these latter, that doubts may be entertained as to the question of collecting the tributes, either in whole or in part (by way of recognition, as is stated in your opinion). These encomiendas are not reached by religious teaching, or by the administration of justice, or by other advantages; and, consequently, are the ones concerning which, as I have said, doubts are entertained. As for those encomiendas which may possess any of the aforesaid benefits, such as religious teaching, the administration of justice, intercourse, and other advantageous relations, there is no occasion for any dispute concerning them; nor should the management of these (as far as our present knowledge goes) be committed to your Lordship. It is, therefore, needless to include them in the general rule; but in dealing with the encomiendas which are disaffected, and in those not yet pacified, only a part of the tribute should be collected, for the unburdening of his Majesty's and our own consciences. Your Lordship's, etc.

The Petition Presented to the Governor by the City and the Encomenderos on the Fifteenth of February, 1591