Volume 8 — Opinion of the Augustinians

Your Lordship orders us to give our judgment whether it be lawful to make war on the Zambales, in view of the many injuries that they have been and daily are inflicting upon our people; and, if so be that the war is lawful and righteous, what measures may be taken to attain the end proposed therein, security.

In reply to this we say that, according to all the authorities, divines as well as canonists and jurists, three conditions are required in a war to make it a righteous one; and on these we will rest the justification of the war at present under consideration.

The first condition is that he who begins the war shall have authority; the second, just cause for making war; and third, righteous intention.

The fourth cause and ground for a righteous war is when there is default of keeping faith or carrying out agreements; for in such case the party who has been wronged may lawfully make war on him who, by not keeping faith, has done him injury. This made Joran [Jehoram], king of Israel, wage war on Mesa [Mesha], king of Moab, for his having failed to keep the agreements and to pay the tribute which he had promised to pay to his suzerain, King Ahab; and that this war was just is clear, for that he was assisted therein by the holy and righteous Jehoshaphat, king of Judah, with the approval of the prophet Elisha—who in the name of the Lord urged them on to war, and promised them a sure victory—as is seen in II Sam. ch. 3. These four causes and grounds, or any one of them by itself, justify war; and there are other grounds also, but these are the most certain and the most applicable to the matter in hand.

Having ascertained the conditions required to make a war just, from them we shall be able clearly to decide whether such is the war against the Zambales at present under discussion. To this question we will answer affirmatively: that it is lawful without any scruple whatever, for in it the three conditions meet which are required for a just war, as we have already said.

And first, in this war is found the first condition, namely, authority in the one who wages it, for he is persona publica, the governor of these isles; and also he has a superior who is our king. But since the cause is self-defense, as will later be proved, he has Page 199no need of other permission to defend his state against enemies who molest it, as we have proved.

In this war, the third condition, too—we shall speak of the second later—is fulfilled, namely, right intention; for its end is the peace and security of the subjects, disturbed by these their enemies. And this peace it has not been possible to secure by means of our benevolent efforts, although such means have been tried—as appears from our labors to that end last year in sending religious of our order, and persons known to the Zambales, to persuade them to desist from wrongdoing and be our friends, granting them a general pardon for the wrongs they had committed against us; and although the Zambales promised, and made oath in their fashion, they have defaulted utterly, committing since then many atrocious wrongs against our people, as appears from the reports on that matter which have been drawn up. And, forasmuch as nothing has been gained through kindness, comes now, as a last and drastic remedy, the resolution to win peace and security for the king's subjects by waging war on his enemies; and this is the right intention that is required according to Aristotle and St. Augustine, as before quoted. But even suppose this intention to be lacking, it is already said and proved above that this condition is not in such sort essential as to oblige to indemnification.

It remains that we look into the second condition of just warfare, to wit, that just cause exist for waging it. This condition, in which might be presented greatest difficulty, is the clearest and plainest part of the matter before us; for not only are some of the four causes and grounds pointed out by us, as being any one of them in itself sufficient, but all the just Page 200causes are here concurrent. The first condition is fulfilled in that these Zambales impede the general traffic by sea and land of those who go to Pangasin and Ylocos and Cagayan. And, albeit the traffic works damage neither to them nor to their lands, but uses a common highway, yet they sally out upon the highways and kill and rob passengers, as appears from the reports.

Concurs also the second cause; for, although these Zambales are not molested by our people, they assault and murder them, not only falling upon them in the highways, as already said, but also seeking them out in the settlements while they are laboring in the fields; so that neither in their fields nor their homes are our people safe—which also is shown in the reports.

Furthermore, after promising obedience to our king and to the governor on his behalf, they have rebelled and renounced obedience, as we have said; and this is the third of the reasons which, as we said, justify the war.

Finally, the war is justified by their failure to keep their word and their pledges of friendship; for, as is well known, they have again and again, in the time of previous governors, been reconciled and have promised friendship, and thus have obtained pardon for their acts. And in the year just past this was done with greater formality and more solemn assurances, as appears from the record; but notwithstanding this, breaking the compact of peace, they have since then inflicted other and graver injuries—sallying out as robbers into the public routes by land and by sea, making descents on our settlements and murdering everyone on whom they can lay hands, be they Page 201Indians or Spaniards, seculars or ecclesiastics. Indeed, it is well known that last year they murdered a religious of our order, and they were tracking our provincial and two others, his companions; but all these, thanks to their own watchfulness, escaped.

From what has been said it stands amply proved that the war to be waged against the Zambales is a just one, and, beyond all scruple, as well on the part of him who sets it on foot as of those who take part in it.

What we have stated in enforcing our thesis affords us occasion for explaining here the mode of procedure in this war, and—assuming it to be a lawful war, as has been sufficiently proved—for inquiring what considerations may be urged by those who carry on the war. And, for the sake of brevity and clearness, we will resolve the matter into a few points, without any arguments, for these points are corollaries of a just war.

First: If, to attain what is purposed—to wit, to bring the said Zambales under control—it becomes necessary that we burn their crops, their houses, and their other properties, and even kill those who make resistance, even if the presumption be that among them are some who are guiltless—it is lawful to do all this during war, until the final victory is won which is purposed. We say “if necessary,” for unless the purpose of all that is done in the war is the final victory, such deeds will be impious and tyrannical. And hence the matter should not be left to the arbitrary will of the soldiers, but should be directed by the order of him who governs them.

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.

[Endorsed: “Opinion of the Augustinian fathers regarding the Cámbales.” “Opinion of the Augustinian fathers upon waging war against the Zambales.”] Page 208