5. That a protector of the Indians, with a salary, be appointed, who shall not be the royal fiscal. Fifth:  A protector of the Indians should be appointed, a Christian man, and with authority to defend them, and prosecute their suits.  In order to avoid the losses and expenses generally caused to the Indians by protectors, because of their being common men, he should have a good salary; and the royal fiscal should not be the protector, because in his duties more cases against the Indians than in their defense necessarily arise, and he cannot neglect to prosecute them.  Therefore it is advisable that the two offices be not merged in one person; and that the said protector be authorized to prosecute, even to the deprivation of encomiendas or other penalties, pecuniary or personal; that he have a voice and vote in the cabildo, both actively and passively; that he take precedence of the regidors and alguazil-mayor, and sit with the advocates and not with the prosecutors; that he be not an encomendero, and that the alcaiceria [i.e., silk-market], and the care of the Chinese residing in Manila, be annexed to his office.

Chapter sixth.  Of matters pertaining to the soldiers

1. The serious troubles and annoyances which result from the soldiers not being paid. First:  His Majesty should be informed that the country is not settled or pacified, because it is poorly governed and has so small a military force.  There is lack of men, and even the few that we have serve with no pay or means of gain, but with many hardships and dangers, and in extreme poverty and desolation, and worse than captivity, since they are forced to service without any pay or support.  From this ensue many evils.  The first is, that they do nothing, and they cannot and even will not do anything voluntarily; and in this alone they are lacking in natural loyalty and fidelity to their king.  Second:  They go—­poor, despised, disgraced, sick, and needy—­to serve masters who are often mean, and persons who, although just to others, sometimes give these men no compensation.  With such hardships, sorrows, and famine, and but few delicacies or provisions for their illnesses, many of them die, and that in great wretchedness.  Third:  They try to escape, as often as they can—­now to Macan or to Malaca, sometimes to Maluco, but most commonly to Nueva Espana—­under a thousand pretexts and excuses of being married, or sick, or bound to religion, and others.  Fourth:  On this account, the country has so bad a reputation in Mexico and in the other countries whence they might come, that no one of worth comes, but only very mean and worthless beggars, and destitute, shiftless, and useless fellows; and it would matter very little, and would even be better, if they did not come.  Fifth:  It is a pitiable thing to see men of rank and quality, and gentlemen, who have come for private opportunities and objects, poor, ill-clad, without shelter, service,