ing the natives. The
paper is signed by the Augustinian provincial, Juan de Valderrama,
and eleven others of the order.]
[The Franciscans base their opinion upon the right of the king of
Spain to impose tribute, as derived from the commission given to
that country by the Holy See for the evangelization of the Indians;
but this right exists only where the gospel is actually preached. They
partially agree with the Augustinians, but hold a radically different
view as to the amount of collections to be made when the encomendero
does not or cannot provide religious instruction, but does protect and
defend the natives, and set them a good example. For these services,
as tending to prepare the Indians for receiving the true faith, he
may be entitled to collect one-third of the tributes; but considered
simply as temporal benefits, they do not give him any right to do
so. Even the administration of justice to the Indians confers upon
him no right in itself; it does so only as it may aid in or support
the preaching of the gospel. This opinion is signed by Fray Pedro
Baptista and three of his brethren.]
[The Jesuits regard both religious instruction and the administration
of justice as just ground for the imposition and collection of
tributes. When the Spaniards take possession of any land without
providing these benefits, they are only "establishing divisions of
territory between the crowns of Castilla and Portugal," which has
nothing to do with levying tributes on the natives of such region. In
encomiendas where instruction is not given through lack of ministers,
only such part of the tribute may be collected as belongs to the
administration of justice; and the part which would be used for the
support of religion must be returned to the natives. The fathers
cite, in support of their opinion, various learned theologians. They
would permit the encomendero who protects his Indians, but is
unable to maintain religious teaching, to collect means for the
support of himself and family--for which purpose they would allow him
three-fourths of the tributes. The other fourth should be returned to
the Indians; and, in districts where there is not and will not soon
be religious instruction, this should be done without telling them
the reason for such action; otherwise, they will not wish to become
Christians. They urge that definite and prompt action be taken in
regard to this matter. Their opinion is signed by Antonio Sedeno and
two ot
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