_Jesus_
In regard to our right to make war upon the Zambales, the following is
our opinion. Granting as true the reports of robberies and murders
committed by them, past and present, on both Castilians and the
pacified Indians (who are our allies, and Christians), then it must
be ascertained how these crimes have been committed--whether by all
their land in common, or one portion of their province, so that by
common consent those of one or many villages or the whole province
conspire, and the bravest and strongest go forth to rob and kill;
whether its head or chief is of one or of many villages or of the
entire province, by whose order certain men go out to commit these
depredations; or whether it is not really by common consent, or by
the authority of the chiefs, but by crowds of ruffians from one or
several villages who commit the said injuries.
If this people have a leader, and any go out from the villages or
from the province to commit assaults, then this is sufficient cause
for war. The same is true, even if they do not go at his order,
but if the chiefs allow them to go, and do not punish them; since
they have authority and power therefor. If there are no chiefs,
then it must be ascertained whether they go out by common consent,
to commit assaults, even if all do not go, but only a few. For, if
they go by common consent, then war may be made on them all. But war
may not be made if they went out as a single band of plunderers, even
when they have friends and relatives in the villages, who protect them
and supply them with food. It can not be determined that the latter
are accomplices; neither can they be punished, nor be dissuaded
from doing it, nor even prohibited from giving them food, etc.,
because of their being, as is usually the case, women and children,
while the former are barbarous and cruel men. In such a case, then,
it could only be allowable to seek to apprehend the guilty, as well
as one might, and to punish them in conformity with their crimes. But
nothing may be done to the others.
But should it be by common consent, according to the first supposition,
without any leader, or if they have chiefs who possess authority
superior to the others, so that they may punish them as they deserve,
but who do not punish these guilty ones or have them punished by their
order, then, in these cases, war is allowable against the villages
that shall have taken part in the depredation, or against all the
province, or the guilty part; but it must be with the moderation with
which our Catholic king has ordered, in so Christian-like a manner,
war to be made, with the least bloodshed and injury possible. Those
captured shall not be killed, except those who shall have committed
individual crimes, who consequently merit death; and the others shall
not be reduced to perpetual bondage, but for a limited period only.
However, because of the great danger from this tribe, in order to
be sure of peace and to render secure our allies who dwell near the
Zambales, whom we are bound to protect, all the children and women
and the others may be taken from their land and divided in various
parts in small bands, even when their crimes were perpetrated by but
a few ruffians. By this method we receive much benefit and security,
and they no harm, but on the contrary much benefit, both spiritual
and corporal. But in no case do we think that they may have their
ears cut off or be crippled so that they can not take flight--neither
women, nor children, nor those who do not commit any individual crime
which may merit such punishment; for this is great cruelty and will
engender in all a deadly hatred of our nation and law. Besides,
other and gentler means can be used to prevent them from becoming
fugitives--such as dispersing them throughout many widely-separated
districts, and providing some one to watch over them.
_Antonio Sedeño_