Opinion of the Dominicans

_Jesus_

Admitting the information received against the Negrillos and certain

Zambales, who commit assaults; and admitting (what is generally

known) the murders committed daily, both past and present, and which

have not been committed in their just defense or in just revenge

for injuries--as is evident because indeed the Batanes, Panpangos,

Pangasinanes, and Ylocos (and these last are the worst sufferers) were

at peace with them, and, since that peace, neither the Panpangos nor

the others have disturbed them in their villages or on the highways,

but, on the contrary, have tried to preserve friendly relations; and

admitting (likewise a well-known fact) the custom of this race from the

earliest period of killing, whenever possible, Spaniards and Indians,

without any distinction, and without having received any injuries,

for the sole purpose of proving their courage by their ability to

kill men, collecting heads and hanging them up in their houses, as

such proof; _item_, admitting one other certain fundamental, that no

incursion has been made into their lands for the sake of provoking

them in their common habitation, but that they, on the other hand,

invade, from their lands, the royal open highways and the settlements

of the peaceful natives, in order to kill those who are living in

peace with them, and with all: we render freely an exact opinion.

1. The Negrillos and mountain Zambales have not, because of their

former wars, before the arrival of the Spaniards in this land,

at present any just title to war against the settled and peaceful

people of these islands. This is proved, for, although in those former

times force ruled, and injustice held full sway, and meant different

things to each individual, and no distinction was made--as, where

two persons quarrel with words, and injure each other equally, there

is no satisfaction other than to stop, and there is no distinction in

the injury--now, after the pacification of the Indians in settlements,

these wars ceased for many years; for which reason the old animosities

do not furnish any just pretext for war to either Negrillos or Zambales

against the Ilocos, Panpangos, etc. _Item_: Since those petty wars

ceased, the Panpangos, etc., and all the others have not incited the

Negrillos or Zambales to war; nor have they done them any injury,

either personally or in their lands. Therefore the present action

of the Negrillos and mountain Zanbales in committing assaults on the

highways and killing as many as they have killed, has no just pretext

of war from their neighbors.

2. Second, we assert that the Batanes, Panpangos, Pangasinanes, Ylocos,

and other tribes living near the Negrillos and mountain Zambales, have

a just pretext for war against the Negrillos and mountain Zanbales--a

proof of which is admitted in the fact of the murders, robberies,

attacks, and assaults on the highways, made without any just pretext,

as we have said in the first conclusion. Therefore, on the contrary,

the injured ones have a just pretext against them.

There appears to be no doubt regarding these two conclusions, for

they are most certain according to natural reason and to all law. The

whole difficulty is whether the injuries committed, the present harm,

and that which with some reason is feared (which will be greater each

day)--considering also the condition of the Negrillos, and the sort

of country in which they live--whether all these together constitute

sufficient pretext for an expedient so severe as war; and if fire

and sword are necessary.

To answer this doubt, we must admit that, with the diversities and

natural features of countries, and with the characteristics of the

peoples therein, is entwined most intimately the _jus gentium_, as

we call it. Accordingly, in some lands some things are regarded as

established, and classed with the _jus gentium_, but not in others;

and some things lawful in certain lands are not so in others. On the

contrary, things that would be wrong for some would be lawful and _jus

gentium_ for others; while things wrong for others would be lawful and

honorable to the first, because of the diversity of countries, customs,

and race, whence arises this _jus gentium_. Therefore we say that,

if in Castilla, where neither the land nor people of these islands

are known, this case were to be judged on only the things written

and proved, nothing more than that these people were assaulters would

be decided; and an order would be issued to proceed against them as

against assaulters. If these things should happen in Sierramorena,

no orders would be given to destroy the towns near by; or, if in the

Pyrenees, for that reason war would not be declared upon the Gascons

or Navarrese. For this would be esteemed a personal offense, and not

one committed by the community. But here, where we know the land,

the people, and their abominable and long-standing customs, we must

esteem it, not a personal, but a communal offense; nor must we presume

amendment where ferocity springs from custom, now rendered almost

natural instinct, and from the land being unconquerable. Therefore it

must be presumed that, if they are not punished by force superior to

their own, they will grow worse each day; for they consider cruelty

honorable, and esteem him most who kills most. Therefore, with people

of this nature, we apply the saying of Aristo--namely, that it is

lawful to make war on and kill like wild beasts, those people who

live unsettled and wandering like wild beasts. It is quite evident

that Aristo means people harmful to others; for, even when they live

like wild beasts, but are not harmful, war is not on that account

lawful. And inasmuch as these arguments extend to the Negrillos and

Zambales, it is our opinion that the war must be judged as just or

unjust rather by the condition of the land and people, the injuries

that will be inflicted, and the little relief obtained by employing

other methods, than by the severity of the injuries received. It is

no remedy to guard the roads, as is quite evident, because they do

more harm in one night than the soldiers in a week. Likewise it is

no remedy to guard the villages, for the people are obliged to go to

the fields, etc. Consequently we say:

That, it is justifiable--by methods which will not cause greater

annoyance to the regions adjoining the Negrillos and Zambales--to make

war upon the Negrillos and Zambales, even with fire and sword, whenever

the above reasons are evident. We prove this by the above statements,

for ferocity is a quality among them now almost a natural instinct;

and they place all their honor in killing, without caring for any

other object. Again, these ills cannot be obviated and prevented,

except by destroying them, if it be possible. _Item_: because there

is no hope that they will make peace and settle down; for their

happiness consists in living a nomadic life, without any restraint,

and they are a race who never keep any promise.

_Item_: We say that, because the method of warfare as employed by

the Castilians is not by means of rough ground, forests, and dense

thickets--as witness the war of Granada, in which Hespaña lost so many

men because the rising was in places unknown to the Spaniards but known

to the Moors. It has been seen here many times that the Spaniard needs

ten or twenty servants to take care of his person, furniture, food,

and clothing, alone--from which results more loss than that which the

Negrillos and Zambales can inflict in a lifetime. We think, in the

absence of better judgment, that, for a specified time, those captured

alive should be handed over to the neighboring districts as captives,

or remanded to the galleys. Whoever is put to death, let it be by

order of the captains, and at the time and place appointed. We render

this opinion, as long as this measure does not appear more harmful

[_i.e._, than the harm caused by the Negrillos and Zambales]. If any

measure whatever is more harmful, then we shall consider it unlawful,

although we are assured that a most justifiable right exists for

making war, and for destroying with all the harm possible to them,

and less harm to the surrounding people, than is done or can be

done by the Negrillos and Zambales. _Item_: We declare that, as the

losses of war are accidental, and depend on artifice, seasons, and

innumerable other circumstances, it might well happen that what is

advanced one time as justifiable may, given a change of conditions

at the time of execution, become unjustifiable; for with the change

of conditions the argument of justice or injustice is altered.

_Item_: Because the term "Zambales," in general, comprehends many

people to whom the above arguments do not apply, we say that, under

the terms Zambales and Negrillos, we understand only those who are

nomadic, as above stated. As to whom these may be, we refer to the

investigations in detail; it is not for us to judge the information

given, but to credit it. This we advance as our opinion, and as such

we sign it. Given in the convent of Santo Domingo at Manila, January

1, 92.

_Fray Juan de Castro_

_Fray Alonso Ximenes_

_Fray Juan de Castro_

_Fray Juan de San Pedro Martir_

_Fray Juan Cobos_

_Fray Thomas Castellar_

_Fray Juan Garcia_

The Philippine Islands, 1493-1898 — Volume 08 of 55 1591-1593 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century · 第 42 / 69 题