The Philippine Islands, 1493-1898 — Volume 08 of 55: 1591-1593; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century
History
The Philippine Islands, 1493-1898 — Volume 08 of 55: 1591-1593; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
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.
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_. [30]
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_. [31]
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.
Public-domain text, read in full here on John Shaqi.
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