Capitulations with Ohate, 1595 
273 
Ordinance 79. He shall have the power to bring each year two ships 
with arms and provisions for the land and for the exploiting of the mines 
free of the import duties that must be paid in the Indies, on condition that 
they shall go out with the fleets that may be going from these kingdoms 
to Tierra Firme or New Spain if they are ready or when provision shall 
have been made for them. 
Modification. That the plan of bringing ships by the North Sea and 
the course from Spain cannot be put into execution except by order and 
permission of the viceroy, because it is important that they shall be con¬ 
ducted with attention to the exploration of ports in that sea, which is a 
necessary measure for the good of the ships. 
Advantages of article 4. It seems very proper to order that ships shall 
not be brought by the North Sea without consultation with the viceroy, 
for the reason that it is necessary to proceed with caution in that sea in 
the act of exploring ports, which is not required in the South Sea. It 
would be one of the most important things that could happen in those 
kingdoms to explore ports on that coast, not only for the facilitating of 
the conquest that Don Juan is making, but also for the great good that it 
would be for the ships and fleets that go to and come from the Philippines. 
However, this article may be made use of for the South Sea, as it is 
granted without prejudicing the modification of the Count. 
Article 5. Item: That I and my successors shall have the power to 
appraise the tributes which the Indians will have to give in accordance 
with the fruits of their land, both those which must go to the king, our 
lord, as well as to the other encomenderos, and to raise or lower or com¬ 
mute them in any manner that may seem right to me and to my successors, 
with free and absolute power and independent of the viceroy and the 
Audiencia. Let him be granted what is provided in article 145 of the 
ordinances. 
Ordinance 145. The Indians who may be reduced to our rule and 
divided among us shall be persuaded, in recognition of the lordship and 
universal jurisdiction which we have over the Indies, to assist us with 
tributes in moderate quantity of the fruits of the land, as is provided in 
the Título de los Tributos 17 which treats of this. And we desire that 
the tributes which they thus give shall be collected by the Spaniards to 
whom they [the Indians] are apportioned, so that they may fulfill the 
duties with which they are charged, reserving to us [the king] the princi¬ 
pal cities and the sea-ports, and from those [tributes] that are divided the 
sum that may be necessary to pay the salaries of those who are to govern 
the land and defend it and administer our exchequer. 
Modification. That if the Indians can be guided and persuaded to offer 
and consent to tributes as his Majesty orders, an effort shall be made to 
have the appraisement of it made with the opinion of the royal officials 
and the prelates of the religious orders, as was required of Urdiñola, and 
not by themselves alone. 
Advantages of article 5. To the viceroys, because they rule in the name- 
of his Majesty and have the business present before them, absolute power 
is given in all governmental matters. Applying the same reasoning to the 
