Capitulations with Oñate, 1595 
275 
governor, it is just that one who has the necessary abilities to be it 
[governor] and to make an expedition of such great importance (for he 
was chosen among many to do it), shall have the same power himself 
alone to appraise the tributes of the Indians. For, with the experience that 
he has had of what all pay in New Spain, he will order that they shall 
pay from the fruits of the land, as was done in New Spain. And if there 
be any change it is proper that it shall be done by order of his Majesty and 
his royal Council of the Indies, and since the governor must give a long 
report every year he will be informed and advised as to what he must do 
without any one having equal power to his. 
Disadvantages of modification 5. One of the most important things 
connected with that expedition is the fixing of the tributes of the Indians. 
As such the governor alone must have power to impose them, for, if it be 
not so, but with the opinion of the royal officials and the religious, the 
officials, in order to use the power thus given them, will oppose what the 
governor orders, even though it may be right, in order to show them¬ 
selves to be his equals. And if the friars have a hand in this they will not 
give their consent for tributes to be imposed upon them [the Indians], 
but will rather desire that they shall be left free and exempt, as we have 
seen by experience, for there are to-day many who are trying to have 
this done in all the Indies and are even attempting it in these kingdoms, 
some very determinedly, to the disadvantage of his Majesty and the great 
injury and destruction of those kingdoms. 
Article 6. Item: That I shall have the power to divide among the 
soldiers, conquerors, and settlers who may go on the said expedition under 
my banner or that of my said successors the said pueblos or vassals as may 
seem right to me, and that this shall be extended to those who may be 
the second or third conquerors and settlers, and to others who may aid in 
the conquest and pacification of that land, and that they and their succes¬ 
sors shall enjoy this encomienda for the lives granted in ordinance 58. 
Also it shall be charged to your lordship to supplicate his Majesty to ex¬ 
tend it for at least three more lives. Let them be granted to him in 
conformity with article 58 of the ordinances, and let his Majesty be writ¬ 
ten to so that he will show him the favor and reward his services, as is 
stated in the first article of this agreement. 
Ordinance 58. Let them be given power to apportion the Indians who 
are or may become unattached in the districts of the cities of Spaniards 
that may have been settled for two lives, and in those that will be settled 
for three lives, leaving the ports and capitals for us [the king]. 
Modification. That account must be given to his Majesty of the ap¬ 
portionments of Indians that he may make, and confirmation obtained 
within three years. 
Advantages of article 6. His Majesty is making this expedition at the 
expense of Don Juan and of those who are going with him, and, although 
it is an affair of such great expense and cost, his Majesty has not done with 
it nor will he have until it is finished. What moved Don Juan and the con¬ 
querors to do it, besides the great service to God, our Lord, and that of 
his Majesty, was the great reward that was promised them and which 
