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]
_Item_: The governors have appointed captains, masters-of-camp, a
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