Chapter 19

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.

Sixth conclusion: In the encomiendas where there are infidels who, through lack of adequate religious instruction, have not received baptism, taxes should not in the past nor shall they at present be collected in full, but according to the manner set down in the second clause.

Seventh conclusion: Although all the inhabitants may be Christians, if their religious instruction has been insufficient the encomenderos are obliged to deduct from the tributes all that should be expended for a sufficient number of ministers to impart the necessary instruction.

Eighth conclusion: In order that an encomienda may be said to possess sufficient and adequate religious instruction, the minister should not be burdened with the care of more souls than he can properly instruct and direct in spiritual matters, so that he can give to all those who are infidels suitable instruction in Christian doctrine--not merely so that they know it by rote, but also so that they may understand (so far as they are capable of this) the signification of the words, and the mysteries contained therein. Thus, too, he will be able to make each and every one of them understand all that is necessary for them to believe, and know, and do, in order to be good Christians. All this should be done before baptism is conferred upon them; and like efforts should be made that no one shall die without the sacrament. When the minister undertakes to baptize them, he must see that they know well what it is, and are prepared for it, and understand what they are receiving--namely, that they are dead to their past life, and are commencing a new one, and from that time forth are new men. As the inhabitants of many of these islands have received baptism without the aforesaid solicitude and preparation, many sacrileges have been committed; and, as a result, many and great misfortunes have ensued, which we can now clearly discern, and yet but poorly remedy.

In order that the Indians, after their conversion, may have adequate religious teaching, and be taught and instructed and guided in the conduct of their souls, a minister should not have the care of more Indians than he can know, visit, and minister to in such wise that all may understand and comprehend the doctrine. Then, if anyone is sick, the minister can know of it, and visit and console him in his sickness; and if the sick man be poor, the minister can give him what he may need, or shall find someone to do so, so that the sick man may not die without confession or extreme unction. To the living who are prepared for it, he can administer the eucharist, and can persuade everyone to prepare himself so that he can receive communion, and can labor with all earnestness in making known the great benefits which are contained in the most blessed sacrament, and how much is lost by those who do not partake thereof, and the obligation of all Christians to receive it. The minister can thus also personally care for the burial of the dead; and, in short, fulfil with solicitude and concern all the demands and obligations of his office as a priest, and in the care of souls. It is because the ministers in the Indias are burdened with so many souls, that we observe so little Christianity there, that so many die without the sacraments, and there are so many infidels to be converted.

Ninth conclusion: As soon as the Indians shall have become Christians the encomendero may with good conscience exact from them the tributes which are imposed and regulated by his Majesty or by persons commissioned by him; and the Indians are bound by conscience and justice to pay them, if they have adequate religious instruction and the encomendero fulfils the obligations imposed upon him by his acceptance of the encomienda.

Tenth conclusion: The encomenderos are under obligation to observe, exactly and faithfully, the instructions given them, that they may not transgress these in regard to the kind of tributes to be paid, or to the age or condition of those who must pay them--under pain of mortal sin, and of making restitution for what they shall have exacted in violation of law or beyond the amount assessed. The damages moreover, which are sustained by the natives in compelling them to pay tributes which they are not bound to pay, and the expenses incurred in making the collections, should be at the cost of the encomenderos and not that of the Indians.

Eleventh conclusion: It is grievous inhumanity and a sort of cruel tyranny to seize the chiefs and keep them prisoners until they pay the tribute of those who fail to do so; and it is a much greater wrong to afflict and torture them while in durance. He who shall make collections in this manner, or permit them to be thus made, is, aside from the mortal sin which he commits, bound to restore to the chiefs the tributes thus exacted from them; and would be most fittingly punished by being deprived of the encomienda of which, through his own wrong-doing, he has made himself unworthy.

Twelfth conclusion: Although the encomiendas are given to the encomenderos in return for their services to the king, our lord, the principal aim and object of his Majesty in giving them has not been, nor can it be, only that the Indians should pay tribute and render service to the encomenderos; but, on the contrary, that in return for the tributes which are paid them, the encomendero shall be obliged to provide the Indians with ministers to instruct and care for them, to defend and protect them, to see that they are not ill-treated, and to answer for them in all necessary matters. It therefore follows that the encomiendas are and should be instituted rather for the good of the Indians than for that of the encomenderos; and that the encomenderos cannot be termed, nor are they, the lords of the Indians, but their attorneys, tutors, and protectors.

Thirteenth conclusion: The tributes which the king, our lord, has imposed upon the Indians are not, nor can, nor should they be, all for his Majesty or for the encomenderos--to whom he allots them in order that from this fund may be taken all that is necessary to support the ministers of religious instruction, and for the embellishment of the churches and divine worship.

Fourteenth conclusion: The encomenderos who, to avoid or lessen expense, neglect to employ in their encomiendas all the ministers needed to accomplish and fulfil what has been set down in the eighth conclusion are in mortal sin, and cannot be absolved. Moreover, it is not enough to say that their encomiendas already have ministers; they must employ as many of these as are necessary to fulfil all the duties there enumerated, according to the number of souls contained in their encomiendas. And the said encomenderos are responsible for all the injuries and evils referred to in the said conclusion, if through their fault there are not ministers to do what should be done. The minister or ministers, moreover, are responsible if, when they have in their care so many Indians that they cannot properly minister to them, they shall be unwilling to receive or to look for other ministers to help them.

Fifteenth conclusion: The number of ministers required for each community cannot be readily determined, since there are not in all the encomiendas the same conditions existing; in some, the people live closer together than in others; and where they are more scattered, or more difficult of access, more ministers will be needed than when they live nearer one another. When they are thus near, and well disposed, five hundred Indians are a sufficient number for one conscientious minister to take in charge; and when we shall have an abundant number of ministers, they should be stationed in each encomienda, in that ratio.

Sixteenth conclusion: If through lack of ministers enough cannot be placed in each encomienda to give adequate instruction, such as can be obtained at the time should be employed, and the encomenderos shall remain under obligation to deduct from the tributes what has been stated in the seventh conclusion.

Seventeenth conclusion: All that the Indians have expended in erecting churches and houses for the ministers, and in their maintenance, through the unwillingness of the encomenderos to pay therefor, the latter are obliged to make good--the entire amount expended, for the maintenance of the ministers; and of that expended for churches and houses, their share.

Eighteenth conclusion: In order that, from this time forth, the encomenderos who do not maintain religious instruction may collect from their encomiendas the portion which is stated in the second conclusion, the following conditions shall be observed: (1) They shall endeavor, most assiduously and earnestly, to establish religious instruction in their encomiendas, that such establishment shall not be delayed; or, if it be not made, so that the lack cannot be imputed to their negligence and indifference. And, inasmuch as we have not here the requisite number of ministers, the encomenderos shall inform his Majesty how great is the lack, and supplicate him promptly to send ministers hither--offering, if it shall be necessary, to pay a part of the expenses to be incurred in sending them hither. (2) The encomenderos shall endeavor, personally or through the medium of persons skilled and competent, in whom may be placed entire confidence that they will deal with the Indians as God requires and the king commands, to defend the Indians and protect them against the injuries inflicted upon them. They shall strive to influence them, by good works and example, to accept the law of God, most carefully preparing them so that, when they have ministers of the Christian doctrine, they can be instructed. They shall not act as do some encomenderos (and most of them are of this sort) who visit their encomiendas not for the good of the Indians, but for their own profit; and who, through their presence, work more injury to the Indians by the many grievances which they occasion, and the bad example that they set, than the latter are advantaged in being thus pacified.

Nineteenth conclusion: It has been a very great error on the part of the encomenderos in these islands who do not maintain religious instruction to think that because they contribute a fourth part of the tributes they may collect and keep for themselves the remainder. This is based upon their misinterpretation of a decree of the king which states the portion which is to be appropriated from the tributes for the erection of churches and the support of the ministers (although this decree has already been annulled by others). This decree did not apply to the encomiendas which we here mention; for if the king himself cannot levy tributes, he could ill permit others to do so, excepting the encomiendas which we discussed in the ninth conclusion.

Twentieth conclusion: What has been already said in the preceding conclusions concerning the encomenderos likewise applies to the encomiendas which belong to the royal crown; for the king is under even greater obligation than are the encomenderos to provide his Indians with religious teaching; and to the same extent as they, he is bound to make restitution of all that has been unjustly collected. It follows from this that the officials of the royal exchequer, who are charged with the collection, of the tributes for the king, are obliged in conscience to observe and fulfil all that is stated in the preceding conclusions, and to make restitution of all the tributes, or such part of them as has been or shall be collected contrary to the tenor of the said conclusions. This obligation is all the greater for the governor than for the officials of the royal exchequer; since he, by reason of his office, is bound to care for all the natives of these islands, and not to permit them to be wronged, and to require satisfaction from anyone who may wrong them.

Twenty-first conclusion: Former governors were under obligation, as are those who rule both now and hereafter, to observe and fulfil, in the repartimientos which they assign or shall assign, the provisions contained in section 144 of the royal ordinances drawn up in Segovia in the year 73, the tenor of which is as follows: "When the country has been pacified, and its rulers and inhabitants have been reduced to obedience to us, the governor shall, with their consent, direct the partition of the lands among the colonists so that each of them shall be responsible for the Indians of his repartimiento, defend and protect them, and provide a minister who shall teach them to live in civilized ways, and shall do for them all else that encomenderos are bound to do for the Indians of their repartimientos." In the following section: "The Indians who shall be reduced to our obedience and allotted to the conquerors shall be persuaded, in recognition of universal seigniory and jurisdiction which we hold over the Indians, to assist us by the payment of a moderate tribute, from the fruits of the soil. It is our will that the tributes thus paid us be collected by the Spaniards to whom encomiendas shall be given, for which reason they fulfil the duties to which they are bound." What his Majesty commands in these two sections of the said ordinances conforms to both natural and divine law, both of which would be violated if even the king should contravene these ordinances. From this the governors will recognize the obligations under which they are to heed the attitude of the Indians whom they must allot in encomiendas, in order not to work against a law as just and necessary as this is.

Twenty-second conclusion: If in any case the governor allot an encomienda whose inhabitants shall not be in the frame of mind which the aforesaid law requires (a condition which must needs be very rare, and the result of causes so forcible that the king, upon consultation, would consider them of sufficient weight), in order that the governor may not be under obligation to make restitution of what shall be collected therefrom, he is bound to order such encomendero not to collect the tributes until he has, by his earnest endeavors and just treatment, brought the Indians to that disposition which, in the aforesaid two sections, his Majesty requires. In case the encomendero shall collect the tributes beforehand, the governor shall command him to make restitution; and if, for lack of such orders, the Indians shall suffer any wrong, the governor shall be responsible.