xpenses incurred in making
the collections, should be at the cost of the encomenderos and not
that of the Indians.
Eleventh conclusion: It is grievous inhumanity and a sort of cruel
tyranny to seize the chiefs and keep them prisoners until they pay
the tribute of those who fail to do so; and it is a much greater
wrong to afflict and torture them while in durance. He who shall
make collections in this manner, or permit them to be thus made,
is, aside from the mortal sin which he commits, bound to restore to
the chiefs the tributes thus exacted from them; and would be most
fittingly punished by being deprived of the encomienda of which,
through his own wrong-doing, he has made himself unworthy.
Twelfth conclusion: Although the encomiendas are given to the
encomenderos in return for their services to the king, our lord, the
principal aim and object of his Majesty in giving them has not been,
nor can it be, only that the Indians should pay tribute and render
service to the encomenderos; but, on the contrary, that in return for
the tributes which are paid them, the encomendero shall be obliged
to provide the Indians with ministers to instruct and care for them,
to defend and protect them, to see that they are not ill-treated,
and to answer for them in all necessary matters. It therefore follows
that the encomiendas are and should be instituted rather for the
good of the Indians than for that of the encomenderos; and that the
encomenderos cannot be termed, nor are they, the lords of the Indians,
but their attorneys, tutors, and protectors.
Thirteenth conclusion: The tributes which the king, our lord, has
imposed upon the Indians are not, nor can, nor should they be, all for
his Majesty or for the encomenderos--to whom he allots them in order
that from this fund may be taken all that is necessary to support the
ministers of religious instruction, and for the embellishment of the
churches and divine worship.
Fourteenth conclusion: The encomenderos who, to avoid or lessen
expense, neglect to employ in their encomiendas all the ministers
needed to accomplish and fulfil what has been set down in the eighth
conclusion are in mortal sin, and cannot be absolved. Moreover, it
is not enough to say that their encomiendas already have ministers;
they must employ as many of these as are necessary to fulfil all the
duties there enumerated, according to the number of souls contained
in their encomiendas. And the said encomenderos a
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