fourth part of the tribute. [If the encomienda is governed with justice, its holder may in reason collect the other three-fourths. The fathers remonstrate against the proposal to allow the holder of a small encomienda to collect more than he may who has a large one, as unjust and dangerous. If the fourth part is to be withheld from the encomendero, they think that it should be at once returned to the natives from whom it was taken. They recommend that the governor give orders that the administration of justice be everywhere established in the encomiendas, and then three-fourths of the tributes may be collected. For this, however, they advise the appointment of deputies directly by the governor, to inspect the encomiendas regularly—a duty which will not be satisfactorily performed by the present alcaldes-mayor, or by deputies whom they would appoint; and these persons should be given adequate salaries, to obviate the possibility of their defrauding 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;
