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 metho