Second: Also, if during the war there be lack of subsistence, or of other supplies needed for its prosecution, these may be taken from what the enemy have, even though the owners be guiltless, and this without obligation to restitution—the reason being that cum licet bellum licet apponere media necessaria ad finem victoria.[21] Page 204
Third: Ex jure gentium, during the war, all movables taken from any one of the enemy belong to him who has them, and there is no obligation to restitution: Sylvester Presbyter (Bellum, 1 § 10), and Cajetan (in Summa). I say “during the war,” because when it is ended non licet ultra praedari.[22]
Fourth: After they are reduced to subjection, those who are most guilty may be condemned to death, as also such others as regard for the security and tranquillity of the land may determine. But it will not be lawful to kill those of them who are found to be guiltless, even though it be feared that they may be mischievous in the future; for no grievance has been suffered at their hands, and means can be found of holding them securely, as we will show presently. Those of the inhabitants of a state who are usually deemed guiltless are lads not yet old enough to bear arms; old men incapacitated by age, save in the case that heretofore they have been mischievous; and the women, unless it appear that they too have engaged in war. But it will not suffice to say with Soto that they supply provisions for their husbands during the war, for that is a natural right and obligation. All the rest are deemed guilty, failing proof to the contrary; here strict investigation is to be made, lest wrong be done.
Fifth: Ex jure gentium, those captured in a just war are held as slaves. Paludanus (in 4. d. 15, q. 3) holds that this is not to be understood as applying to Christian captives; and such is the truth, and this provision is observed among Christian kings. But, as these Zambales are not Christians, they may be dealt with according to the jus gentium, and made Page 205slaves. Yet, inasmuch as they are a people of small mental capacity, and hence do not realize the seriousness of their crime, they ought not to be treated with the full vigor of law; and therefore it seems to us that it will be enough to make them slaves for a limited time, ten or fifteen years.
Sixth: The war ended, his Lordship the governor may exact from the Zambales all the costs of the war, and indemnification for all the losses suffered; and he may, by way of chastisement, levy from them some tribute: for all this is jus belli in the case of a just war, such as is this, as stands proved.
Seventh: Since it is not enough to punish past crime unless a remedy is applied for the future; and since a wide experience has shown that little confidence is to be reposed in the word and the character of this people; and since to leave them in their mountains would be to give them occasion and good opportunity for doing mischief and damage hereafter, as always in the past: it seems to us that inasmuch as these Zambales are few and have not in their villages or in their territory any cultivated fields or any fixed settlements, it will be advisable, as security against their returning to their old ways, to transplant them from the mountain region to peopled districts, depriving them of arms, and giving them a village site and lands upon which, with police control and under a government, they may live and cultivate their farms. This we deem the ultimate remedy, and as being necessary for the ends of peace and security at which we aim.
Finally: It seems to us from the experience we have had in this matter, and from what we have seen, that the expeditions sent against these Zambales have Page 206been ineffective because this method was not employed. The plan should be carried out chiefly by means of the Indians of Pampanga and the Zambales of Pangasinan—people who know the country and its hiding-places and coverts; and who, as being more agile than Spaniards, bear more easily the toils of the march over the routes that have to be traversed, owing to the wildness of the region, which, as is well known, is very great. In payment of the costs to these Indians, the slaves captured in the war might be apportioned to them; and in virtue of this compact they will not commit the cruelties and murders to be apprehended from them. Besides, this will benefit the state; for, having more field-hands, they will plow and cultivate more land. Further, as regards the Panpangos, they will in this way obtain satisfaction for the many and serious wrongs that they have suffered from the Zambales in the way of both murders and robberies.
Such, with all respect for the better judgment of others, is our opinion regarding the matter proposed to us by your Lordship, with command to declare our views. This we do, recommending always moderation and Christian charity, which should ever be practiced, and especially in dealing with this people—who, as we have said, do not realize the gravity of their offense; and on whom, therefore, the penalties of the law ought not to be inflicted in all its rigor. And, to signify that this is our judgment, we confirm it with our names. Given at San Augustin de Manila, the nineteenth day of January, 1592.
Fray Joan de Valderrama, provincial
Fray Alonzo de Castro, definitor
Fray Lorenso de Leon, definitorPage 207
Fray Joan de Tamayo, prior
Fray Antonio Serrano, prior
Fray Diego Gutierrez
Fray Diego Muñoz
Fray Diego Alvarez
Fray Alonso de Montalvan, superior
Fray Matthias Manrique
Fray Alonso de Paz[23]
[Endorsed: “Opinion of the Augustinian fathers regarding the Cámbales.” “Opinion of the Augustinian fathers upon waging war against the Zambales.”] Page 208