by the reasons given in his letter, which are characteristic of one who does not have at heart the perpetuity and preservation of this state; and who does not see, in the distant future, the trouble which its loss might cause.  He declares, moreover, that even though I should wish to do so I could not correct the excesses of the encomenderos and the injury which they inflict on the Indians.  For the latter there are punishments, but none for the Spaniards.  To establish more justice in the land would be to ruin it, as the officials do not do their duty, but rob the Indians.  At this, the bishop returns to the subject of the restitutions in which he becomes engrossed; and declares that he is finishing a treatise or declaration in respect to them.  With this he closes the letter in which he gives his opinion of what I should have done—­concluding by advising that, before allowing the encomenderos to collect the tributes, I should investigate or make inquiries about their good or bad treatment of the Indians and how they treat, caress, and regale them.  As soon as I should ascertain the truth, I should either give or deny the permission according to the results of the investigation.  Then he makes a clever deduction, namely, that in the same manner he and the other confessors shall not absolve the encomenderos without first having made a detailed investigation and inquiry in respect to their treatment and good disposition toward their tributarios, so that they could grant or deny absolution accordingly.  Thus he constitutes himself judge, in the exterior court, of encomenderos and their property.

12.  While these letters were passing between us, and during several days after—­which were wasted in persuading the bishop to make no innovations until after consultation with your Majesty; and, although our opinions do not coincide, we should however agree in giving account to your Majesty of what was happening—­the encomenderos came to me sorely troubled, saying that in the pulpits, sermons, and confessional, they were being greatly harassed and many obstacles were being imposed on the collections in their encomiendas; and that they were being ruined, and were being prohibited now from collecting more than the third or the half of their tributes.  They were also constrained to make restitutions of past payments.  Thus they are so afflicted and ruined that, if this continues, they will have to be allowed to leave their encomiendas and to go to serve your Majesty nearer the royal person, where they may gain a livelihood—­since after having served so many years with bloodshed and services which deserve merit and obtain it, these scruples are imposed.  They ask me in the accompanying petition [7] if your Majesty would not issue some order declaring what must be paid.