Item: Considering the nature of the Indians, who are generally indolent and lazy—inasmuch as the religious have always forbidden them to pay the tributes in kind, insisting that they be allowed to choose for themselves in what they wish to pay it, consequently the rate of living has risen greatly. The country is steadily going to ruin because the Indians are not compelled to pay in kind; for they refuse to plant or cultivate, and all engage in mercantile pursuits, seeing that they can easily gain the ten reals which is the amount of their tribute. Although the effort has been made to remedy this by another way—namely, by official visits from the alcaldes-mayor, in order that they may rear fowls and plant fields, the result of that has been to strip them of their possessions. For when the alcaldes-mayor go to inspect them (that is, every four months), and do not find the fowls that they have ordered the Indians to rear, they sentence them to a pecuniary fine. Such is the Indian that he does not take warning from that, nor will he work unless he knows that he must pay the tribute in kind. Moreover, it often occurs that the justices themselves take from the Indian the fowls that he has reared; and then when they go to visit him and he does not have them, they punish him with stripes and fines. Thus they practice many injustices against the Indian; but, if he knew that he had to pay in kind, he would rear the fowls as formerly.
Item: There is one abuse very worthy of correction, which is, that the religious and alcaldes-mayor keep certain Indians in service, whom the village grants weekly, and who are called tanores. Those Indians have to serve for nothing, which is contrary to justice and their rights. This was introduced from the custom in Nueva Espana. Will your Highness be pleased to order that the said tamores [sic] be suppressed, or that they be paid for their toil. For they make use of such Indians, and manage to be well served at others’ expense. It is also the custom to give fish freely on Friday, at the cost of the village, to the alcaldes-mayor and also to the religious.
Item: That the royal Audiencia shall not try the suits of the Indians in the first instance; for all the cases are brought before the Audiencia, and the Indians spend all their substance with lawyers and attorneys, and even go into debt, for they are fond of litigation. And since suits conducted by audiencias last so long, the Indians spend all their substance, which means the ruin of the country. Since your Highness has ordered that such suits be tried summarily and orally, will your Highness be pleased to order that that decree be observed; and that the alcaldes-mayor and justices try in the first instance, and in the second in a case fully proven, so that the Audiencia may give sentence therein, and despatch the suits quickly.
Item: That, although your Highness has ordered that the Indians be not fined pecuniarily, your order is disregarded, especially by certain officials of the doctrinas [i.e., missions]. There is considerable abuse in this matter that deserves remedy. In some districts, also, very large fees are collected. Will your Highness be pleased to order this remedied, I mean the taking in some districts of these fees by officials of the doctrinas. [96]