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 Sedeño and two other fathers, and is dated February 20.]
