Chapter 2

The collection of tributes in the Filipinas (_concluded_). Domingo de Salazar, and others; January-March. Liberty of the Indians in the Philippinas. Gregory XIV; April 18. Articles of contract for the conquest of Mindanao. G. P. Dasmariñas and Estevan Rodriguez de Figueroa; May 12. Ordinance forbidding the Indians to wear Chinese stuffs. G. P. Dasmariñas and others; April 9-May 20. Account of the encomiendas in the Philippinas Islands. [G. P. Dasmariñas]; May 31. Letter to Felipe II. G. P. Dasmariñas; June 20. The fortification of Manila. G. P. Dasmariñas; June 20. Investigations at Manila concerning trade with Macan. Melchor de Baeça, and others; May 23-November 19.

_Sources_: All but two of these documents are obtained from original MSS. in the Archivo general de Indias, Sevilla. The papal decree is found in Hernaez's _Colección de bulas_, i, p. 108; the account of encomiendas is taken from Retana's _Archivo del bibliófilo filipino_, iv, pp. 41-111.

_Translations_: Such part of the first document as appears in this volume is translated by Norman F. Hall; the second is by Rev. T. C. Middleton, O.S.A., of Villanova College; the third and fifth, by James A. Robertson; the fourth, by Herman G. A. Brauer, of the University of Wisconsin; the sixth, by José M. and Clara M. Asensio; the seventh, by Henry B. Lathrop, of the University of Wisconsin; the eighth, by Alfonso de Salvio, of Harvard University.

The Collection of Tributes in the Filipinas Islands (_concluded_)

Letter from the Bishop to the Governor

_Jesus_

Inasmuch as your Lordship wrote to me at San Francisco del Monte that the encomenderos were urgently seeking from you permission to make collections from their encomiendas, I despatched to you from that place an answer to the letter which your Lordship wrote to me after having received my statement and that of the other theologians of the bishopric who think carefully about this matter. I had therein represented to your Lordship some of the difficulties which might result from carrying into execution some of the plans proposed in the aforesaid statement. In the reply, I solved these difficulties; and have since been waiting to learn what your Lordship has communicated to the encomenderos regarding collections in the encomiendas which are without religious instruction. Since I must inform all confessors who are outside the city how they are to deal in the confessional with the aforesaid encomenderos, I pray your Lordship to favor me by advising me of your transactions with these encomenderos, so that we may all be of one mind, express ourselves in harmony, and avoid dissensions among ourselves, which are wont to be the cause of many evils. It is necessary that your Lordship should inform me promptly; for messages must be sent to some districts remote from here, and, if I do not write at once, I shall be unable to send word to the confessors in time. May God guard your Lordship. From this house, on Ash Wednesday of the year 91.

_The Bishop_

Reply by the Governor

Yesterday I received a letter from your Lordship in which you request me to inform you what resolutions and plans I have adopted in the matter of collecting the tributes. I reply that besides the former statements and conclusions which your Lordship has written on this subject in such learned fashion, I have read also the last decision and statement thereon which your Lordship sent me in reply to my letter to you on this subject. I answer that all this comes as from your most reverend hand, and is most holy and excellent. But on account of those very obstacles which I represented to you, which every day are constraining me more and more, I dare not undertake any innovation, or put into execution a doctrine which will expose all our affairs to such risk.

The point on which your Lordship and I most differ is concerning the pacified encomiendas which possess justice and religious instruction; and in those also pacified which enjoy justice, but are without religious instruction. The king grants to neither your Lordship nor myself authority to deal with these encomiendas, nor in his instructions does his Majesty mention or raise any doubt in regard to them; he discusses only those which are disaffected, or were never pacified. Consequently, the other encomiendas must remain in their present condition, without making any changes, until such time as his Majesty shall make other provisions. I therefore state that my opinion and final decision is that which your Lordship may see in this document. I trust that your Lordship will strive to conform thereto; if you cannot, please give an account of your opinion of it to his Majesty, so that he may declare what action we are to take. In the meantime, I shall order the encomenderos and the collectors to act in accordance with my decision; and I have no more to say on this matter, and shall make no changes. As far as I am concerned, this discussion is closed for the present, and settled until I shall receive further orders from my king; for this decision is what I consider best for his royal service. From the office, February 8, 1591.

[Salazar writes a short letter (dated Feb. 14) to Dasmariñas, urging him to adopt the measures proposed by the clergy; but, as it contains no new information, we do not present it here.]

Order Issued by the Governor for Collection of the Tributes

I, Gomez Perez Dasmariñas, governor and captain-general of these Islas Philipinas for the king our lord: Inasmuch as I am notified, by the decrees and instructions of his Majesty, wherein he commands and charges me to exert myself to check the excesses and lawless acts which are prevalent in the collection of the tributes in the encomiendas belonging to his Majesty, as well as those of the other encomenderos, I have looked into this matter; and, with all the care and attention I could give, I have consulted and conferred as to the best order and method that should be employed in the aforesaid collections, in order that God and the king, our lord, may be served. Therefore, in order that the Indians may not be annoyed or aforesaid excesses--it is fitting that the procedure is not due them, to put an end to the evils and wrongs which have existed in this business, and to check the aforesaid excesses--it is fitting that the procedure which is to be henceforth followed be understood and established. Accordingly, by this present I do order and command that in the collection of tributes, not only in the encomiendas of the king but in all others, the following rules and conditions shall be observed:

First: In the encomiendas of his Majesty as well as in those of private persons, where they have Christian instruction and the administration of secular justice for the maintenance of law and order, the entire tribute levied may be collected from the natives; and the encomendero is bound, with that part of the tribute which falls to him, to aid in the support of the minister or ministers of religion who belong to his encomienda. The said tribute shall be collected in its entirety in the aforesaid encomiendas where justice and religious instruction exist, and equally from all the Indians therein, whether believers or unbelievers. I also order all encomenderos who are or shall be appointed in the encomiendas, to provide with the utmost punctuality and promptness, each in his own encomienda, that part of the tribute which is due from them for the maintenance of religious teaching, churches, and all other purposes of religion, under penalty of being deprived of their encomiendas; and the collectors, under the penalties hereinafter written, which will be most vigorously executed.

_Item_: In those encomiendas where justice is administered, but where, through lack of ministers, there is no religious instruction, the tribute shall be collected, reserving that part which would be due to the minister, if they had one--namely, a fourth part of the tax, a little more or less, which part shall be left and freely surrendered to the Indians.

_Item_: In those encomiendas which, on account of their remoteness, have neither justice nor religious instruction, no tribute shall be collected until such time as God shall order the affairs of these islands; and his Majesty, informed of their condition, shall make other provisions, in order that he may be better served.

_Item_: The same is decreed for those encomiendas which are disaffected or have never been pacified. No collection shall be made in this case except from those encomiendas which, having once been pacified, and having rendered obedience to his Majesty, shall without any just cause rise in rebellion. From those encomiendas may be taken such part of the tribute as can conveniently be collected, for their preservation and by way of recognition; and whatever small portion his Majesty may order, and what the lord bishop cites, may be collected.

And since, according to the above, no tribute is to be levied where there is no justice, occasion is offered for many parts of these islands--which, on account of their great distance, are beyond its reach--to become turbulent and rebellious as soon as they realize that they are released from tribute which is now collected from them. Most pernicious consequences [would follow (?) _--illegible in MS_.] and many other districts would be disloyal and rebellious; and it would be necessary, when they should have sufficient religious instruction, to go back and win them and [_illegible in MS_.] anew. Assiduous efforts shall be made to provide, as quickly as possible, justice in the aforesaid encomiendas. Where it is now lacking, I charge the encomenderos to inform me of such districts and territories, with their topography and location; also of the number of those who pay tributes, so that I may appoint accordingly, in each encomienda, an alcalde-mayor, or a deputy, or others, if necessary, who may be suitable persons for such offices. They will have salaries sufficiently large to enable them to administer justice to the natives, protecting and defending them against anyone who would injure them, and maintaining such intercourse and friendship with them as will incline them to receive religious instruction when they shall have it. Thus in all the encomiendas which have this justice and preparation, as soon as it is known what benefits are conferred upon the natives by those ministers of justice, in influencing and governing them, as above stated, authority will be given to the encomenderos to collect the three-fourths of the tribute, as I have said. But in the meantime, none of it shall be imposed or levied; and as soon as justice is established, efforts shall also be made, until religious ministers shall come, to employ a layman or laymen of virtuous life and example, in order to instruct the natives, to the best of their ability, in the things of our holy faith; and such persons shall receive some benefice, in accordance with the royal right of presentation.

The encomenderos shall fulfil and observe all the aforesaid orders, under penalty of being deprived of their encomiendas. In encomiendas belonging to his Majesty, and in those of other and private persons when the encomenderos shall--by order, or through any other lawful impediment--be prevented from making the collections personally, in case these collectors should exceed just bounds they shall be fined five hundred pesos for his Majesty's treasury, and half the expenses of any war thus caused. In addition, they shall make good any losses caused by them to the said Indians, and shall pay all costs. The aforesaid persons are likewise ordered to make the collections with all possible gentleness and equity, observing the other instructions of his Majesty concerning the manner of collecting tributes. The Indians shall pay in kind, or in such articles as they prefer to give. I also order that an authorized copy of this my decree be furnished to each and every one of the encomenderos or collectors who shall engage in the aforesaid collections. This decree I order and command to be observed, fulfilled, and executed, under the penalties above stated, for the present and until such time as his Majesty, when well informed of the present state of affairs in this land, which has been mentioned above, shall make suitable provisions in these and all other matters, according to his pleasure. Upon the first occasion that offers itself there shall be sent on my part and that of the encomenderos of this commonwealth, to his Majesty, a detailed and careful account of what is here decreed and ordered, as well as what the lord bishop suggests and advises; so that his Majesty, having examined both sides of this question, may make such provisions and so direct our course that God and his Majesty may be best served, and all may have the same object. Done in Manila, on the twenty-eighth of February in the year 1591.

Letter from the Bishop to the Governor

[Evidently as the result of a dispute between these two dignitaries, Salazar writes (March 4) a letter to Dasmariñas, deprecating any hostility between them, defending his own position, ascribing the differences between them to intermeddlers, and prophesying evil to the country if Dasmariñas maintains his present purposes in regard to the tributes. He criticizes the governor's decree in various points--the permission to collect three-fourths of the amount levied; the appointment of more officials (in most of whom the bishop has no confidence); and the importance attached therein to the administration of justice in the encomiendas, as compared with the provision of religious instruction.]

Since your Lordship cares so little for these arguments, know that the reason which induced his Majesty to command that in Nueva España there should be no fiscals was, that they wrought injury to the Indians; ... and yet he had not so much certainty of the evil deeds committed by the fiscals as he has of those done by the alcaldes-mayor and the deputies. ... Among other decrees which, I am told, Doctor Vera brought when he came here as president of this Audiencia, is one commanding him to be very cautious in creating alcaldes-mayor, on account of the injury thus occasioned to the country. ... You say that you do not dare to make changes, lest the encomenderos abandon their encomiendas, or become disaffected; and yet you know that all the inhabitants of these islands, whether or not they possess encomiendas, have been and now are faithful and loyal vassals to their king; and that nothing which could occur, even to the injury of their property or lives, would prevent them from rendering obedience to his Majesty's commands. This is one of the things in which the inhabitants of these islands can take most pride, and his Majesty should most highly value them, on account of the fidelity with which they have served him, at the cost of their lives and possessions. [The king confers the encomiendas upon certain persons, who thus assume obligations to the Indians; that they may fulfil these, he orders them to collect the tributes. Accordingly, the alcaldes-mayor do not appear in the king's provisions regarding this matter, and Salazar questions the governor's right to appoint them.] Neither the king of Castilla nor his ministers can exercise, in regard to the Indians, more authority than what the church confers upon them; and the church has not over the infidels as much authority as some who think otherwise have given your Lordship to understand. ... The church did not grant'lordship over the Indians to the kings of Castilla with the principal object of establishing justice among them, but did so in order that they should furnish to the natives religious instruction--which always, and in every instance, can and ought to be given them. [No tribute should be imposed upon the Indians unless religious instruction is given to them; and to allow them the fourth part of the tax is not to benefit their souls. The bishop insists that the governor is responsible for taking such measures as shall remedy the present abuses, and urges him to accept the plan proposed by the clergy.] If your Lordship, after reading what I here state, shall decide to pursue and carry into execution the opinion and resolution which you have communicated to me, I cannot, without violating the obligations of my office, decline to release the consciences of those whom I have in charge. From this your Lordship's house, on the fourth of March of the year 1591.

_Fray Domingo_, Bishop of the Filipinas.

Letter from the Governor to the Bishop

[Two days later (March 6) Dasmariñas answers, at considerable length, the letter written by the bishop. He adopts a conciliatory tone, disclaiming any intention to be arbitrary, unfair, or unfriendly. He explains his position in regard to the collection of tributes, saying that the plan laid down in his recent decree is but temporary, awaiting only the provision by the king of a sufficient number of religious teachers. He reminds Salazar that encomiendas and tributes were established in the land as soon as the Spaniards had obtained a foothold there, when only some half-score priests were to be had. Religious instruction is the chief but not the only reason for collecting tributes; and, until it shall be adequately provided, it is but reasonable to collect for the benefit of justice bestowed upon the Indians. The tax also is very moderate; "since an Indian pays here one peso, while in Nueva España he pays three or four pesos, by way of tribute."] The advantages resulting to the Indians are not so small as your Lordship thinks. If we had no other example of this, the one which is afforded by the province of Pintados would be sufficiently convincing--seeing that, before the Spaniards came to these islands, and even after they came, the inhabitants voyaged from one island to another with many boats, assaulting, plundering, and murdering one another, not only in their fleets by sea, but in armed bands on the land. It was only after they had intercourse and communication with the Spaniards--although they had no religious instruction, and in most regions no justice--that factions, and raids, and assaults have ceased among them. This is no insignificant gain, to say nothing of many others, which, as I have said, result from the establishment of justice, in their better government, order, and preparation for receiving religious instruction, which is our principal object. Dasmariñas admits that religion is more important than justice; but the latter is so much more expensive that it justifies the appropriation of a larger share of the revenues; moreover, the encomendero should be allowed enough for his support, and for that of his family and the soldiers whom he must support (usually eight or ten in number). A parallel case is seen in the relative positions of himself and the bishop; the latter's office is certainly a higher dignity, and of greater importance, yet he receives but two thousand (pesos?), while the governor has twelve thousand; but the latter is thus remunerated because he incurs much greater expense. The governor claims that his instructions command him to consult the bishop only in reference to affairs in the districts which are mutinous, or have never been pacified; and cites the instructions further to show that he is justified in collecting tributes where religious instruction is not given, and that the bishop's privileges in the conduct of affairs are only advisory, not authoritative. Moreover, the opinions which the religious orders have furnished to him show that they disagree with the bishop in many important particulars--not to mention that the bishop and the religious superiors signed their approval of his plan in this matter, soon after his arrival. Dasmariñas has already compelled the encomenderos to refrain from collecting the fourth part of the tax when they do not provide the Indians with religious instruction--a reform which had never been secured until he made it. He advises the bishop to institute another reform by insisting that the encomenderos shall not collect any tributes until they shall have provided for the Indians both religion and justice.

I do not understand how it can seem to your Lordship that to provide the land with justice is to bring about its destruction. Your Lordship has, indeed, told me that, when the alcalde-mayor is what he should be, he better edifies and preaches than any minister of religion whatever. Thus far, I have not found any of these officials who are bad, except those of whom your Lordship has made some complaints to me, and whose evil-doing is proved by naught else than the opinion of your Lordship.

It seems to your Lordship that I wish to appoint too large a number of these alcaldes-mayor; but one day your Lordship asked me to appoint some of them. Since I have come to this land, I have established a new administration of justice in the island of Masbate; and good results which have followed, can be stated by the father custodian, who arrived yesterday from that island, and is well acquainted with the excellent result there. Hitherto, tribute has been collected there in the absence of every form of religious teaching, or administration of justice; but now, only from their intercourse and relations with the Spaniards and from having justice established at once among them, they have already made such progress that they demand a minister, and even the blacks have come down from the interior to settle near us.

[The governor reminds the bishop that the progress of religion among the heathen must depend upon the foundation established for that good work by secular government; and that if this be not maintained the land will relapse into barbarism, and the Spaniards will be compelled to abandon what they have begun to build in the islands.] Your Lordship should make some estimate of the damage which would result therefrom to the king our lord and his royal treasury; for according to that his Majesty would have to find one hundred and fifty thousand pesos and more with which to make restitution, to say nothing of thirty thousand of income which he would lose; for all the encomiendas are his. These islands would be left without one soldier, and your Lordship and the religious would alone remain; but within eight days there would be none of you left. Your Lordship may be sure of one thing: until I receive express orders from my king to do so, I can make no change whatever in regard to the encomiendas, by reducing or cutting off their income. It is twenty-six years since they were first instituted, and during twelve years your Lordship has known that they were in this condition; and yet you have until now maintained silence. [The governor again declares that he will not change his attitude; and that he has no right to interfere between the king and the encomenderos. It is his business to establish justice, and the encomenderos are bound to provide instruction; but they must have the means to do so.] Your Lordship does not provide religious to minister to the Indians, because you have none; but you have never been willing to give these good Christian laymen whom I have mentioned permission to go among them meanwhile to do this good work, although the encomenderos have many times asked for them, both since and before I came here. But your Lordship replies that you are not willing that any layman should teach them to make the sign of the cross; accordingly nothing is done for them. [The governor justifies some minor provisions of his decree, on a basis practically the same as has already been set forth; and, in his turn, cites various learned theologians. He requests the bishop to prevent the clergy from discussing this subject in their pulpits, as they have often done, which is not fitting to the uses of a house dedicated to God.]