Chapter 16

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_

Opinion of the Jesuits

_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_

Opinion of the Franciscans

_Jesus_

I have read the papers which your Grace sent me, and although, at first reading, the justification of this proceeding was not apparent, I wished, on account of its being so serious a matter, to study at leisure the doctors who have discussed this subject. It is important for me to know if what I have heard is true--that the Zambales have, upon various occasions, been molested by the Spaniards. To be sure of this point is a matter of much importance, because if we have injured or provoked them, first, by wrongs, or by exacting from them tributes which they did not owe, such action on our part would ill be justified. But, since I am not certain on this point, I first find, according to the account which I have read and examined in the papers which your Grace sent me, that they have been persuaded and invited with offers of peace, and pardon for the injuries which have been done; and that for this purpose, the governor, using mild and conciliatory measures, sent religious with the military, to whom the said Zambales promised to be peaceable. They made similar promises to former governors, but have kept none of them; on the contrary they have been bolder and more lawless than ever, robbing and killing many persons on sea and on land. For these offenses I consider that all the malefactors should be punished, and that means should be provided to protect the highways for the benefit of the Tagalos, Panpangos, and Ilocos, and of all others who pay tribute--since it is for this purpose, together with the teaching they receive, that they pay their tributes, and have placed themselves under his Majesty's protection and favor. If this punishment cannot be accomplished without war, then I consider war justifiable, for the reasons above stated. Without doubt the authority of the king is the first condition to be established, observing faithfully in all things the spirit of uprightness and Christian moderation--which is justice, charity, and freedom for the innocent, according to the saints, particularly St. Augustine and St. Thomas, and other doctors of the church--seeking the common weal. Since the cause for just war is the injury received, war against them would be unjust, if they are innocent of the charges against them. This is my opinion, in view of the aforesaid report, in the absence of better judgment. Issued from this convent of San Francisco at Manila, January twentieth, 1592.

_Fray Pedro Baptista_ [33]

Letter of Congratulation

_To the Bishop, Clergy, and People of the Philippines_

Venerable brother and beloved son, health and apostolic blessing.

The lofty works of divine power, that in the earthly realm take place not by human but by heavenly means, very often are wont to display themselves from the very outset; while matters that through divine wisdom as leader and mistress tend to a spiritual end, the health that is of our souls, in the meanwhile lie unrecognized, or, if unveiled, seem of such trivial import as not to be viewed in their grandeur even by the keenest of minds, until aroused thereto chiefly by the splendor of their results. This, as oftentimes before, has happened now at this very time in the conversion to gospel truth of the New World, of both the Indias, and especially of the Philippine Islands. Wherefore we are uplifted in great wonder at the most bountiful results wrought therein secretly by divine wisdom, from the first discovery of those countries. Previously we had learned of this, in truth, from the letters of many persons and from report; now however, that the divine goodness has raised our insignificance to the summit of apostolic dignity, we have heard it also from the ambassador, our beloved son Alphonsus Sanchez, a professed priest of the Society of Jesus--sent in your name first to Sixtus V, pope, of happy memory; then to the following Roman pontiffs, our predecessors; and lately to us--from whom, in private conversations which we frequently have held with him, we have learned more in detail ... From conversation, too, with the same Alphonsus we have learned of your purposes and deeds in the foundation of churches, the spread of divine worship, the training of natives, the establishment of schools, the practice of useful arts, the appointment of magistrates, the defense of missionaries, the protection of new converts, and, in fine, the permanence of those commonwealths--which as so many members and parts thereof you have brought about through the union of the New World with the Old.

Now, however, in order that you may have some recompense for your love and good-will toward us, and enjoy some reward for your endeavors and toils, by the authority of almighty God and of the holy apostles Peter and Paul, and by our own, in virtue of these presents, we take you all and singular and all that you have, into our trust and protection, and that of the apostolic see; and we send you through the same Alphonsus our apostolic blessing....

Given at Rome, at St. Peter's, under the seal of the Fisherman, March 25, 1592, in the first year of our pontificate.

Letter from Gomez Perez Dasmarinas to the King

Sire:

By two ships which sailed from this port for Mexico at the end of June, 1591, I wrote your Majesty, advising you of everything here, in duplicate, sending a copy in each ship. Afterward, on the eighteenth of October (same year), by a fragata sailing to Malaca and Eastern India, I wrote later events, and sent the duplicate of the letters. As that route is not considered very safe, I send this, combining both reports, written in fuller detail--fearing least perchance, on account of the many accidents which have taken place on the sea in these years, all the letters have been lost. I cannot help fearing so because, as I write this, a ship has just arrived from Mexico, by which I have received no letter from your Majesty; nor have I received one since I have been in charge of this government--although, praise be to God, I have had good news of the health of your Majesty. For this I return infinite thanks to God, and pray that it may continue, and that He may give your Majesty complete success in all the new cares and anxieties which may present themselves. I am confident that His Divine Majesty will give long life to your Majesty, in order that everything may be ordered and arranged according to the needs of Christianity.

Supposing that the duplicates of the letters aforesaid have been received, this letter will be more brief, in order not to repeat herein what has been said elsewhere. It is now necessary to describe in general the state of this land, although this year has been very unfortunate, deaths and sickness being common among both Indians and Spaniards; and we are also pressed hard and threatened by enemies, as your Majesty will learn by a separate letter. As to the general quiet and tranquillity of this state and kingdom, it has never been better; for great progress is being made in the strengthening and adornment of public buildings, both ecclesiastical and state.

Hitherto the Spaniards have not experienced misfortune, but much profit in traffic; and trade [with Nueva España] is being regulated and put in order. The natives are content and happy; the Chinese are more fond of trading with the merchandise which they bring from that kingdom. There came this year twenty-eight ships with much merchandise, including very rich goods of silk and other articles. The religious are agreed among themselves, and aside from the bishop, everything is quiet as it should be--except in some few matters, of which I will give an account to your Majesty. The encomenderos have more peace of conscience than they have heretofore had, and justice is equitably administered in the districts of the alcaldes and the villages of the Indians; and, finally, everything which my poor strength could accomplish has been done for the common tranquillity and good government. As I realize my little worth and ability, I would wish it to be known how much I desire and strive to accomplish in the service of God and your Majesty.

The cathedral church is completed, thanks be to God; and mass has been celebrated therein since the twenty-first of last March with a large attendance and much devotion, and to the great satisfaction of the people.

The seminary for girls, although in its first house, is maintained in seclusion and good order; and there have been several marriages or establishments made from among the inmates. As I have written, that house is so unsuitable that the erection of the new church and house is being pushed forward; it is being built of stone, and will be very substantial and commodious, and will be completed inside of six months. Your Majesty is patron of this house; and not only on account of the preeminence of the royal patronage and what for this reason is due, but for the good ordering of the house, I desire that there be sent me from España some rules or laws whereby such houses are ruled and governed. The regulations which I have been able tentatively to ordain here are those accompanying this letter. This house will have four hundred pesos of income. That being built has not hitherto received anything whatever from the royal exchequer of your Majesty; for, although I would like to give it, your Majesty does not have it here. I am sending also a set of rules for the conduct of the hospital, in order that your Majesty may order them amended there.

The new fort, which will be called Santiago, is now raised from the level of the ground more than two estados; and in one ravelin thereof, which is now finished, eight pieces of artillery have been mounted already, and guard is kept. By the time this reaches you, God willing, the fort will be finished and perfected. All the beach from the fort of Santiago to the fort of Nuestra Señora is occupied by the curtains and traverses--the latter very suitable, two and a half estados in height. It needs nothing but the parapet, which is being built. Although that already built was called a fort, it is not one, nor can it be of use; for it is but a large tower, badly cemented, and was falling in four places. It was braced by four buttresses which were called cavaliers, and cost your Majesty a large sum, as I have written. Everything is now being rebuilt in order to put the fort in good condition.

I have launched four galleys, and have for them a gang of free rowers on pay, although they are hard to manage. Even that has been accomplished in the face of great difficulties and scruples; for the religious say that I cannot maintain galleys or rowers, or avail myself of Indians for that purpose. If they do not serve, it is impossible to maintain galleys here, because there are no other people to row. What I have been able to accomplish is that the Indians are to remain on the galleys until your Majesty shall advise me of the plan which you are pleased to adopt. I have manned one of the galleys with four hundred Çambales, who were captured in war. They were given to me by some captains and soldiers, and I have used them in your Majesty's service. They are now on a galley and would to God that I could thus provide everything for the many needs which your Majesty has here.

As regards the sailing of the ships on the account of your Majesty, and not that of private persons, I have already written the weighty reasons, and send herewith a duplicate of the letter in which they are set forth. In fact, when all the expenses are on your Majesty's account, this not only causes no loss whatever to your Majesty's offices and royal exchequer, but results in great profit to this state from the charges on the tonnage. The cost is but half of what it is when the ships sail at the expense of private persons; and, if your Majesty would set the price of the tonnage at the same rate as private persons set it, there would be gained a large sum of money. This is the truth, although in Mexico they try to argue and discuss this point for private ends. Moreover, in this manner deserving soldiers are utilized and occupied, as your Majesty ordains, in these matters of transportation; and the dangers arising from the insufficient number and the vices of those who come from Mexico in these vessels are avoided. There are also deceits practiced by private persons, and other reasons which I have already stated. Besides, when the ships belong to private persons, their owners will not become citizens of these islands; and, on account of the large amount of money taken away by them, the prices of merchandise are raised, and the land is ruined. I therefore repeat that if your Majesty will set a moderate price for the tonnage on the ships, not only will there be no expense for your Majesty's exchequer, but there will be gained more than twenty thousand pesos. In accordance therewith will your Majesty please signify your will.

As I wrote your Majesty last year, troops have been sent for the pacification of the Çambales, and in their proceedings with the natives the severity and chastisement which they deserved were dispensed with. Garrisons were established, and many of the chiefs were subdued; they appeared to act sincerely, and gave evidence of being tractable and living in peace and justice. The troops returned, and thereupon the pacified ones, and those who still remained to be reduced, came down from the mountains to the highways, robbed, murdered, and committed innumerable injuries. Therefore I determined to lay a heavier hand upon them, and to bring them to open warfare, if that could be done conscientiously, after consulting with the religious orders, and after I had made inquiries concerning the damages, treacheries, uprisings, and crimes of the Cambales, and the reasons and causes therefor.