Indians
are defeated by the Spanish
Illustration after Joannes
Stradanus. From Girolamo Benzoni's Americae...,Insignis & Admiranda
Historia de reperta primum Occidentali India... Frankfurt: Johann
Theodor De Bry, 1594-1619. Second German edition. |
Franciscus
de Vitoria (1480-1536),
De
Indis et
de iure
belli relectiones
"Again, although Sylvester (Mazzolini,
also Prieras, Theologian, b. at Priero, Piedmont, 1460; died in Rome, 1523)
discourses at great length on the power of the Pope, yet, under
the word infideles (§ 7), he expressly maintains
against Hostiensis that unbelievers can not be compelled by arms to
recognize this lordship and can not be deprived of their property on this
pretext. And Innocent maintains the same in X 3.34.8
(Quod super his). There is also no doubt that this was the
opinion of St. Thomas too (Secunda Secundae, qu. 66, art. 8, on obj. 2)." |
Bartolomé de Las Casas
(1484-1566),
De thesauris in Peru.
Las Casas wrote De thesauris in 1565 when he was ninety-one years
old.
Three
Arguments:
Quod omnes tangit ab omnibus approbari debet
Due Process
Spanish Ownership Contracts of native
Slaves were not valid
Brian Tierney, The Idea of Natural
Rights: Studies on Natural Rights, Natural Law and Church Law 1150-1625
(Emory University Studies in Law and Religion. Atlanta, Georgia: Scholars
Press, 1997) 280-286. |