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 fanegas 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.]