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.