DE INDIS ET DE IVRE BELLI RELECTIONES BEING PARTS OF RELECTIONES THEOLOGICAE XII BY FRANCISCUS DE VICTORIA Primary Professor of Sacred Theology in the University of Salamanca EDITED BY ERNEST NYS Professor of International Law in the University of Brussels Introduction by Ernest Nys, and Translation (by John Pawley Bate) of the Introduction by Ernest Nys. A Translation of the Text, by John Pawley Bate. © OCEANA PUBLICATIONS INC. TABLE OF CONTENTS. PAGES. Preface by James Brown Scott ..................................... 5-6 Introduction by Ernest Nys ........................................ 9-53 Translation (by John Pawley Bate) of the Introduction by Ernest Nys ... 55-100 Translation of the Preface to Simon's Edition, by John Pawley Bate .... 105-114 Translation of De Indis Relectio Prior, by John Pawley Bate .......... 115-162 Translation of De Indis Relectio Posterior, sive De lure Belli Hispanorum in Barbaros, by John Pawley Bate .............................. 163-187 Prefatory Remarks concerning the Text, by Herbert Francis Wright .... 191-207 Revised Text of the Preface to Simon's Edition (1696), by Herbert Francis Wright ...................................................... 208-216 Revised Text of De Indis Relectio Prior, by Herbert Francis Wright .... 217-268 Revised Text of De Indis Relectio Posterior, sive De Iure Belli Hispanorum in Barbaros, by Herbert Francis Wright ................... 269-297 ____________ THE CLASSICS OF INTERNATIONAL LAW EDITED BY JAMES BROWN SCOTT Member of the Institute of International Law President of the American Institute of International Law FRANCISCI DE VICTORIA DE INDIS ET DE IVRE BELLI RELECTIONES EDITED BY ERNEST NYS Honorary Doctor, Edinburgh, Glasgow, and Oxford Member of the Institute of International Law Member of the International Court of Arbritation at The Hague Reprinted 1964 OCEANA PUBLICATIONS INC. WILDY & SONS LTD. NEW YORK, U. S. A. LONDON. PREFACE. The Carnegie Institution of Washington has undertaken the republication of the leading classics of International Law and the present volume, containing the sections De Indis and De Jure Belli extracted from Victoria's posthumous work entitled Relectiones Theologicae, and published for the first time in 1557, is edited with an introduction by the distinguished Belgian publicist, Professor Ernest Nys. The English translation of the introduction and of the text of Victoria have been made by Mr. John Pawley Bate. Inasmuch as the various editions of Victoria's writings, including the portion of them dealing with international law, are faulty, it was thought advisable to prepare a revised and critical edition of the text of the two Relectiones. The work was entrusted to Dr. Herbert Francis Wright, Instructor in Latin in the Catholic University of America, whose edition of the sections entitled De Indis and De Jure Belli appears in the present volume. The reasons for including Victoria's tractates are sufficiently set forth by Professor Nys in his introduction, and yet the general editor is unwilling to allow the volume to go to press without a tribute in passing to the broad-minded and generous-hearted Dominican, justly regarded as one of the founders of International Law, and whose two tractates here reproduced are, as Thucydides would say, a perpetual possession to the international lawyer. Victoria's claim as a founder of the Law of Nations must unfortunately be based upon these two readings taken down by a pupil and published after his death, without the professor's revision and in a very summary form. They are sufficient, however, to show that International Law is not a thing of our day and generation or of the Hague Conferences, nor indeed the creation of Grotius, but that the system is almost as old as the New World. One reason for undertaking the reprinting of the classics of International Law is the difficulty of procuring the texts in convenient form for scientific study; the libraries in the United States have been searched with the result that few of the earlier works were to be found. Another reason is that some of the works selected for republication have never been translated into English. The American publicist is therefore at a disadvantage in consulting works of admitted authority, and when found they are, as it were, sealed books to all but trained Latinists. The specialist is thus forced to rely upon summary statements and references to them to be found in treatises on International Law, or is driven to examine them in European libraries, often a difficult task, while the general reader is practically barred from the stores of knowledge locked up in earlier works on the Law of Nations. The same difficulty exists in Latin America, Japan, and in a lesser degree in many European countries. Eminent publicists, European and American, who have been consulted as to the usefulness of the plan to republish the Classics, have endorsed the project and have pledged their personal cooperation. The works to be included in the series have not only been approved but suggested by them, so that the undertaking is international in scope, in selection, and in execution. The underlying principle of selection has been to reissue those works which can be said to have contributed either to the origin or to the growth of International Law and the term classic has been used in the broad rather than in the narrow sense, so that no work will be omitted which can be said to have contributed to the origin or growth of the Law of Nations. The masterpieces of Grotius will naturally be the central point in the series, but the works of his leading predecessors and successors will likewise be included. The text of each author will be reproduced photographically, so as to lay the source before the reader without the mistakes which might creep into a newly printed text. In the case of the early authors the photographed text will be accompanied by a revised text whenever that course shall seem desirable. An Introduction will be prefixed to each work, giving the necessary biographical details and stating the importance of the text and its place in International Law; tables of errata will be added, and notes deemed necessary to clear up doubts and ambiguities or to correct mistakes in the text will be supplied. Variations in successive editions of the text published in the author's lifetime will be noted, but little or nothing in the nature of historical commentary will be furnished. Each work will be accompanied by an English version made expressly for the series by a competent translator. It is hoped that the series will enable general readers as well as specialists to trace International Law from its faint and unconscious beginnings to its present ample proportions and to forecast with some degree of certainty its future development into that law which Mirabeau tells us will one day rule the world. JAMES BROWN SCOTT, General Editor. WASHINGTON, February 19, 1917. NOTE PAGES 9 TO 53 HAVE NOT BEEN REPRODUCED AS IT IS A TRANSLATION OF THE FOLLOWING INTRODUCTION INTO FRENCH ____________ INTRODUCTION BY ERNEST NYS. Translated from the original French by John Pawley Bate. I. One of the masters of the philosophy of history, Robert Flint, makes the remark that it is at a comparatively late stage that any science definitely separates itself from contiguous fields of knowledge and assumes an independent form. In the early part of the seventeenth century the Law of Nations was established in this manner as an independent domain, if I may so express it. As Flint says, the man of genius who is called the founder of a science merely brings together its already existing elements; he confines himself to uniting its disjecta membra and breathing into them the breath of life. Such was the role of Hugo Grotius and such was the effect produced by his treatise, De jure belli ac pacis (Paris, 1625). That celebrated writer had had precursors, but it is correct to say that none of them had considered the subject in its entirety. Confining themselves to given portions of it, some had made a special study of the laws of war, others of the law of embassy, and some -- few in number, it is true -- had devoted themselves to the examination of certain maritime questions arising in time of war. Furthermore, theologians and canonists and civilians, in many passages of their voluminous writings, had expressed their opinions with regard to the justice of war, the capture of enemy property, the fate of prisoners of war, and other problems arising in the relations of political communities. It must be borne in mind, too, that from the eleventh or twelfth century of our era the genius of Europe displayed itself in the form of an association of republics and principalities and kingdoms, which was the beginning of the society of nations. Elements had, undoubtedly, been borrowed from Greek and Roman antiquity, from Byzantine institutions, from those Arabo-Berber sultanates which had established themselves along the north coasts of Africa, and from the Moorish kingdoms of Spain; but new sentiments were showing themselves and generating aspirations towards political liberty. The members of this association were united by religious bonds; they had the same faith; they were not widely separated by speech, and at any rate, Latin, the language of the Church, was available to them; they admitted a certain equality or at least none of them claimed the right to dominate and to rule over the others. A formula came into use which gave expression to these diverse conceptions, Respublica christiana, Res christiana. In theory the civilians undoubtedly attributed to the elected heads of the Holy Empire those rights and privileges which the classical jurists had recognized in the Roman Emperors; these were, however, merely pompous phrases which led in reality to no serious result and which, even as the grandiloquent expression of a theory, did not survive the first half of the fifteenth century. Following the closing years of the fourteenth century, the kings of France affirmed their complete independence. In England all subordination to the Empire was denied; Edward II, King of England, had declared, "Regnum Angliae ab omni subjectione imperiali esse liberrimum." Imperial pretensions had likewise been repulsed in Spain. The respublica christiana comprised a considerable number of members. Allowing for different degrees of independence, these members were estimated at 2,000. This means that supremacy was difficult or even impossible; for at the first attempt to gain an exclusive domination, leagues would be formed among the oppressed with a view to destroy or weaken the oppressor. Moreover, the strength of this Empire and of these kingdoms, republics, and principalities, must not be exaggerated; exact figures we have none, but from calculations that have been made it appears that in 1480 the population of Europe barely exceeded 50,000,000, and it is an interesting detail to note the estimate that the population of France was 12,500,000, of Italy a little over 9,000,000, of Spain nearly 9,000,000, and of England 3,700,000. In the thirteenth and fourteenth centuries the introduction of the epoch in question into the international world (as we may call it) was criticized as a great subversion by jurists imbued with the Roman tradition. In their system different peoples were only "sections of the Roman Empire," sectiones Romani Imperii. To the Romans the term jus gentium signified in the wide sense the law common to civilized peoples and included both public and private law; in the narrow sense it meant the principles governing the relations of the Roman people regarded as a whole with foreign peoples similarly regarded. Jurists had shown how the jus gentium in the narrow sense gave rise to the formation of distinct peoples and consequently to the foundation of kingdoms, to the intercourse of political communities and in the end to wars. In the thirteenth and fourteenth centuries the glossators and commentators, who upheld the claims of the Holy Roman Empire, taught that this idea of a jus gentium, which would give rise to the formation of distinct peoples, led to the destruction of unity. In their eyes the Law of Nations became a reproach. In the gloss of Accursius this law appears as the work of men. "They needed statutes, statuta, it is said, and therefore they drew up a great number of them, notably on war and captivity; collected, they were called the Law of Nations." That which publicists have styled Law of Nations, law between nations, European public law, international law, does not yet appear as a distinct science in the middle ages. But, as we have seen, theologians, canonists, and publicists were already discussing a certain number of questions dealing especially with belligerent relations. Wars, it is well to point out, were frequent and they were not limited to wars between political communities or princes; the pest of those distant ages was private war, Faustrecht, Faida, as it was called; it was the right, broadly speaking, of every free man to seek his own justice by attacking whomsoever wrought him ill and by bringing his entire family into the quarrel. The Church strove energetically against this hateful state of things; the provisions inserted in the collections of canon law relating to resort to arms, and originating in canons issued by Councils or in decretals published by the Popes, are concerned with private rather than with public warfare, and that is why authors discussed so long the question whether the rules concerning the Treuga Dei, the truce of God, applied to public war. In most countries the central authority, however weak it might be, set itself the task of extirpating the mischief by requiring for private war the observance of certain conditions, by reducing the number of those who had the strict right to make it, and by imposing certain delays upon them. Here, too, writers accomplished their duty; theologians, canonists, and civilians were at one in reserving the right of making war to princes and to the heads of political communities. Among the men who exercised a beneficent and lasting influence in these matters may be named Gratian and St. Thomas Aquinas. Gratian taught at Bologna, and between 1139 and 1150 drew up a collection meant to be used in teaching canon law; this was the Concordia canonum discordantium, or, as posterity called it, the Decretum. Gratian made himself the champion of the claims of the Holy See, and thus he gained, in the greater part of Christendom, partisans who disseminated his work, made use of it as a manual for teaching, and commented upon it. In order to give an idea of the importance of the Decretum, it is enough to recall that it was reproduced in numerous manuscript copies and that after the invention of printing it went through manifold editions. The first printed copy was made at Strassburg in 1471; and from that date only up to 1500 as many as thirty-nine editions can be counted. Gratian treated of war in Causa XXIII of the second part of the Decretum. He propounds eight questions. He admits that war may be lawful, but he stipulates as a condition that it be imposed by necessity, and he describes it as a situation in which action must not be based on cupidity nor attended with cruelty, but must be directed toward the securing of peace. St. Thomas Aquinas also exercised extraordinary influence here. He had taught at Paris, at Cologne, at Rome, and in different cities of Italy. In 1274 he was appointed to take part in the labors of an Ecumenical Council, but he died March 7 of that year, in a convent of the diocese of Terracina, during his journey to Lyons, where the Council took place. He was 48 years of age. The great work of St. Thomas Aquinas is the Summa totius theologiae, the composition of which began in 1265 and occupied the last nine years of the author's life. St. Thomas has devoted to the law of war the fortieth question of the Secunda secundae. In four articles he examines the following points: "Is it always a sin to make war? Is it lawful for clerics and bishops to make war? Is it lawful to lay ambushes in war? Is it lawful to fight on feast days?" Needless to say, in all the pages in which the author answers these questions he displays moderation and humanity and a spirit of conciliation; many of his phrases have become maxims which have been repeated and approved by the writers of the following centuries in their dissertations on the law of war. A writer has pronounced the following just judgment upon St. Thomas Aquinas: "He does not make his appearance in history as an inventor, as the initiator of a new doctrine which aroused at one and the same moment enthusiastic adhesion and passionate hostility. His task and his mission seem to me to have been rather to sum up and coordinate, in a spirit of great moderation and with much perspicacity, logic, and good sense, the most widely spread, or at any rate the most powerful, doctrines of his time, in such a way as to form of them an harmonious whole fitted for the uses of instruction; for in his works one can always trace the teacher." Without in any way lessening the personal worth of St. Thomas Aquinas, it may be asserted that his influence was largely due to the fact that he belonged to the Order of Dominicans founded by St. Dominic Guzman. In 1205 the latter had begun to preach in Languedoc against the Albigenses, but the labor of conversion -- the "holy preaching," as it was called -- produced hardly any results. Some years later he founded an institute for preaching at Toulouse; this was the modest beginning of an institution which was destined to extend throughout the centuries over the whole world. In 1215 he obtained the help of the bishop. As the general council, held in the same year, had forbidden the creation of new orders, he could not gain the support of Innocent III; but in 1216 he received the approbation of Honorius III. The Order of Friars Preachers then consisted of seventeen members; at the death of St. Dominic, which took place in 1221, the work was nourishing, there being sixty houses in different countries of Christendom and more than five hundred brothers. It was only under the pontificate of Gregory IX, who reigned from 1227 to 1241, that the Dominicans found themselves invested with judicial powers in questions of heresy, as the mandataries of the Holy See and assessors of bishops. In 1219 Honorius III, when recommending the new Order spoke exclusively of the preaching to which its members were dedicated. The preaching of the faith required a doctrinal preparation, and study was therefore deemed obligatory. "The Dominicans," writes an author, "had to have a special training in everything that could help in the refutation of heretics and in the defense of the faith. They were to study metaphysics only within the limits set by their constitutions. They were forbidden to give themselves to subtle speculations and to cultivate alchemy. Morals, theology, and the study of the Liber sententiarum of Peter Lombard, a vast theological encyclopedia, had precedence over philosophy. It was then impossible to study theology without a thorough knowledge of logic." In our own day a member of the Order has paid a well-deserved tribute to the Dominicans: "According to the institution of St. Dominic," says he, "study is an obligation of rule for the Friar Preacher, and a universal, necessary, and permanent function. And without going as far as the celebrated Cardinal Cajetan, who held that every Dominican failing to devote four hours a day to study is in a state of mortal sin, it is certain that a Dominican who does not ordinarily busy himself in intellectual work is not doing as he should and offends gravely against the Rule." One of the favored books of the Dominicans was, of course, the Summa totius theologiae of the man who was the glory of their Order as he was the honor of the whole Church. The doctrines taught by St. Thomas were thus echoed far and wide. In the last half of the fourteenth century books began to appear which their authors had devoted to special parts of what now forms the Law of Nations. We may mention, as the most ancient of the works of this kind which have been preserved, the treatise De bello of Joannes de Legnano, a professor at Bologna, where he died in 1383. This writer had on several occasions been charged with diplomatic missions. He busied himself at the same time with law, theology, philosophy, morals, and astrology. As regards astrology, the lucubrations which figure in his book are curious, but there was nothing in them to shock his time. Another work is l'Arbre des batailles of Honoré Bonet. He was born in Provence and belonged to the Order of St. Benedict. In 1368 -- he was then at least twenty-five years old -- he went to Rome. In 1382 he was presented with the benefice of Selonnet in the diocese of Embrury. We see him next at the University of Avignon, where he became doctor decretorum. His work was probably composed about 1384. One part is devoted to the law of war. In 132 chapters the author treats of the origin of war, of the lawfulness of war against infidels, of the rights of the Emperor, of the Pope, and of kings as regards war, of questions about things taken from the enemy, ransom of prisoners, and similar matters. These curious and interesting pages are full of noble sentiments. Let us mention that Christian de Pison utilized the work of the Prior of Selonnet in his Traité des faits d'armes et de chevalerie. Honoré Bonet and Christian de Pison were not without a certain influence. L'Arbre des batailles was in fact reproduced in superb manuscripts which formed parts of the libraries of great princes, and after the discovery of printing it went through several editions. The work of Christian de Pison obtained its share of honor also. Grotius has given us the names of some authors. He refers to special works, "composed, some by theologians, such as those of Franciscus de Victoria, Henricus de Gorcum, Wilhelmus Matthaei, and Joannes de Carthagena; others by jurists, such as those of Joannes Lopez, Franciscus Arias, Joannes de Legnano, and Martin of Lodi." He blames these authors for a want of order and exactitude and especially for ignorance of history. He recognizes that Peter du Faur de Saint Jovis has attempted to supply this lack in some chapters of his Semestria, and that two other writers, with the same end in view, have more comprehensively illustrated certain definitions and general maxims by the examples which they gathered. "I refer," says he, "to Balthazar Ayala and Alberico Gentili, especially the latter, from whose work I admit that I have derived some help, and I think that others will be able to profit by it." Beside these remarks Grotius furnishes some general information, pointing out, among the authors whom he has consulted for the law of nature and the law of nations, the writers of classical antiquity, the Fathers of the Church, the scholastics, "who often manifest great genius," and the jurists who had made a special study of Roman law. Among these jurists he mentions Irnerius and his successors, "such as Accursius, Bartolus, and a great number of others who for a long time have been recognized as authoritative at the bar," and those who have combined the pursuit of belles-lettres and the study of law. He also alludes to Alciati and his disciples and indicates by name Covarruvias, Vasquez, Bodin, and Hotman. Among all these writers there is one whose correct name was discovered only thirty years ago, Wilhelmus Matthaei. The real name is Wilhelmus Mathiae, author of the Libellus de bello justo et licito, which appeared at Antwerp in 1514. Among these names we note that of Franciscus de Victoria, the subject of this essay. It was not only in the De jure belli ac pacis libri ires that Grotius referred to him; he had previously done so several times in the De jure praedae commentarius, which he had written in 1604 and which was published in 1868 under the care of Professor Hamaker. Before Franciscus de Victoria the law of war had been the subject of studies by Spanish authors. At a time when the science of the Law of Nations had not yet taken form, we find St. Isidore, Bishop of Seville from 596 to 636, inserting in his work entitled Etymologiae a definition or rather a description of the jus gentium which approaches closely to the modern conception. According to Heinrich Dirksen he had borrowed his texts concerning jus naturale, jus civile, and jus publicum from the Institutes of Ulpian, wherein the jus militare was placed side by side with the jus gentium and made a subject of treatment. The jus gentium of St. Isidore corresponds almost exactly to our international law and classified by the side of it is the jus militare, a statement of the matters which compose the law of war. These passages about the jus gentium and the jus militare are to be found in the fifth book of the Etymologiae; in the eighteenth book the author treats of war and enumerates the various kinds. One circumstance, moreover, helped to give exceptional importance to the utterances of the learned bishop on the law of war: in the twelfth century Gratian inserted them in his collection together with other texts of the same author, and as the Decretum was the subject of discussion and comment for centuries, and as it is still an integral part of the Corpus Juris Canonici, they have acquired a considerable importance in education and in doctrine. Mention must be made of St. Raymond of Peñafort. Born between 1175 and 1185, in the castle of Peñafort in Catalonia, he studied at the university of Bologna, where he became a doctor of law and where he taught from 1216 to 1219. Returning to Spain, he was made canon of Barcelona and in 1222 he entered the Order of St. Dominic. He was then called to Rome by Gregory IX, to form a new canonic collection from earlier compilations and the decretals of this Pope. In 1238 he was chosen to be general of the Dominican Order, but at the end of two years he resigned the position. He came home again and strove for the unity of the faith against heretics, Jews, and Mussulmans. He showed himself a great advocate of the study of oriental languages, having especially in view the training of friars able to preach the Christian faith. He died in 1275. In addition to the collection of the Decretals of Gregory IX, St. Raymond of Peñafort composed the Summa poenitentiae, wherein questions relating especially to the law of war are the subject of examination. A monument of legal science, curious alike for the number of topics treated, and for what one might call the precocity of a great number of its provisions, which really are far in advance of the time at which they were put forth -- such is the collection known as Las siete partidas. This was the work of King Alfonso X of Castile, who had as collaborators Jacome Ruiz, Fernando Martinez, and Roldum. The Siete partidas deal with ecclesiastical law, politics, legislation, procedure, and penal law; the law of war is the subject of extremely detailed regulations. In the second Partida, some chapters are given to military organization and to war. As regards war, much is borrowed from the Etymologiae of St. Isidore of Seville, of whom we have just spoken, and in many respects the influence of Mussulman law is very apparent. Maritime law is also dealt with. Commenced in 1256, the compilation took seven years to complete. It is proper to mention here one of the great theologians of Spain, whose works contain considerations concerning war and the canonic rules relative thereto. Alfonso Tostado was born in Castile about the year 1400; he studied in all probability at Salamanca and attained distinction as a theologian and a canonist. He became bishop of Avila and took part in the labors of the Council of Basel. He died in 1455. In the Venetian edition of 1596 the works of Tostado occupy twenty-three volumes folio; the title-page of the first volume sings the praises of the author: He was "philosopher, theologian, very learned in the law, both canon and imperial, skilled in Greek and Hebrew;" the preface adds that he was erudite in mathematics and geography. Some sentences of his writings deserve citation. He reminds us that "Bellum justum est justitiae executio," just war is a mode of legal execution. According to his teaching, "in a just war everything that a man can seize becomes the property of the captor, both by divine law and by the Law of Nations, and it is just to kill; but an unjust war does not differ from public brigandage." He adds that "in a just war there is nothing that may not be wrought upon the enemy, except a violation of truth." "Wars are just when they are undertaken in order to obtain redress for injuries, restitution of property, or recompense for wrongs done. Once commenced, a just war may be continued until the wrongs done, the property seized, and the expenses incurred have been made good." The author has before his eyes, we must point out, not only public war, but also private war, when it is conducted in accordance with the rules laid down by the law of the country. Let us add that Alfonso Tostado maintained in his writings the thesis that ecumenical councils were of higher authority than the popes. Mention should be made of Gonsalvo of Villadiego. He was born at Villadiego in the diocese of Burgos. He studied at Salamanca, where, after taking the doctorate in law, he was appointed a teacher. Canon of Toledo in 1476, he was nominated by Ferdinand and Isabella to hold the position of "auditor" for the affairs of Spain in the tribunal of the Roman Rota. He died at Rome shortly after his promotion to the episcopal see of Oviedo. He wrote a Tractatus de legato. Joannes Lupus (Juan Lopez) was a native of Segovia. We possess certain information about him. We know that he went to Rome, where he was imprisoned in the Castello del Sant' Angelo, but we do not know the reason of his detention. In volume XIII of the Tractatus universi juris of Francesco Ziletti, first part, first folio, a letter is to be found dated the sixth day before the kalends of September, 1491; it was written in the town of Siena by Joannes Lupus, Sedis Apostolicae protonotarius et Segobiensis decanus. Lopez was vicar of the Archbishop of Siena, Cardinal Piccolomini, afterwards Pius III. He died at Rome in 1496. One of his writings, De matrimonio et legitimatione is dated from the Castello del Sant' Angelo, the sixth day before the kalends of November, 1478. Two other of his writings are entitled: De confoederatione principum and De bello et bellatoribus. We may also mention Franciscus Arias de Valderas, a native of the ancient kingdom of Leon. About 1530 he was a member of the Spanish college at Bologna; in 1532 he upheld a thesis at Rome, which, after receiving a little amplification, was published in 1533 in the capital of the Christian world under the title De bello et ejus justitia. Arias is a lover of peace, but it must, with regret, be stated that he admits the persecution of heretics and that he cites in this connection the example of Jesus chasing the money-changers from the Temple. II. In the history of humanity there has been no epoch comparable in importance to the glorious years which mark the end of the fifteenth and the beginning of the sixteenth century. Then took place that event, the greatness of which can not be exaggerated, the discovery of the New World -- in other words the addition of an immense field to the theatre of human activity and the inclusion of the whole globe within the scope of man's political activities. How the imagination must have been struck when there came to the countries of Europe, where the Christian commonwealth -- the respublica christiana -- was concentrated, first the news that the bold expedition of Christopher Columbus had resulted in the discovery of lands of which no one up to that time had known the existence, and then on numerous other occasions the further news of the struggles of the conquistadores the happy issue thereof, and the conquest by the Spaniards of countries endowed by nature and containing the greatest riches. The discovery by the Portuguese of the route to Asia by way of the Cape of Good Hope could not have seemed less marvellous and astonishing to the most vivid imaginations. And as a still further addition to these deeds, thirty or forty years previously the art of printing had been discovered, thus furnishing the precious means of communicating writings and of securing for them circulation and diffusion. Is it necessary to recall that in the same era there took place that glorious movement which is called the Renaissance, and thanks to which, cultivated intellects found themselves once more in the presence of classical beauty? In so far as Spain is concerned, fresh causes of rejoicing appeared for the writers of this epoch: Christians, they saw the triumph of the cross over the crescent; Spaniards, they saw, in their complete victory, the termination of the wars which their ancestors had for so many centuries waged against the Moors. In this most important epoch lived Franciscus de Victoria, the man whose life and works are the subject of these pages. Franciscus de Victoria receives his surname from Vitoria, the chief town of Alava, where he was born -- in 1480 according to some writers, but in the first years of the first decade of the fifteenth century according to others. His parents removed to Burgos when he was still a child and it was there that he received the first elements of learning. While yet young he took the Dominican habit in the convent of San Pablo at Burgos, one of the three great houses of the Order in Castile; in so doing he followed the example of his elder brother, who had already become a member of the Order. After the conclusion of his novitiate, Franciscus de Victoria was sent by his superiors to Paris, where the Order had a college. The Friars Preachers had been able to install themselves, August 6, 1218, in a guest-house for poor foreigners, founded by Jean de Barastre, dean of St. Quentin and chaplain to the king, and on the January 3, 1221, they had been solemnly confirmed in the ownership thereof. The house of St. Jacques had not been long in procuring admission into the University, and agreements had been concluded with regard to lectures and degrees -- agreements, let us note, which gave rise to frequent conflicts. It was there, we may remind the reader, that, at the time of the French Revolution, were held the meetings of those who, because of the place where they met, were called Jacobins. At Paris one of the teachers of Franciscus de Victoria was Peter Crockaert, Petrus de Bruxellis. This man was born at Brussels about 1460; at first an ardent disciple of the Scot, John Mair, and like him a nominalist, he became a Dominican in 1503 and displayed the greatest zeal for St. Thomas Aquinas; in one of his books, where he treats of questions relating to the logic of Aristotle and touches on one point of the doctrine of the Angel of the School, he styles himself Divi Thomae doctrinae interpres et propugnator acerrimus. Very close bonds attached Franciscus de Victoria to the Belgian theologian; for in 1512 he supervised the printing of a work by him, a commentary on the Secunda Secundae of the Summa of St. Thomas. Crockaert, already reader of the Sententiae, took the degree of bachelor, and in 1510 he became a licentiate. He died in 1514. Franciscus de Victoria found his own merit recognized. In 1513 he was designated by the general chapter of the Order held at Genoa for promotion to the degrees, and two years later he was confirmed by the general chapter held at Naples in the office of lecturer on the Libri sententiarum of Peter Lombard. In 1520 he was admitted to the Sorbonne and on March 24, 1521, he obtained the degree of licentiate in theology. In his studies on Spanish law Eduardo de Hinojosa has said that, if Spain had notable theologians before Franciscus de Victoria, it is nevertheless to him that the revival of theology is due. It is incontestable that Franciscus de Victoria not only gave a vigorous impulse to the science of his choice, but that he also impressed a new character upon it; he embellished and enlarged it; thanks to him, the majority of Spanish theologians renounced the incorrect, rude, and barbarous form of their predecessors; thanks to him, ideas came to take the place in discussions formerly held by phrases; thanks to him also, other sciences were drawn upon in the study of theology. It is thus that in his lectures devoted to the rights of the Indians and to the law of war, problems are treated not as if they were without practical and actual interest, designed merely to exercise the reason and to furnish the opportunity for objections and refutations, but as questions raised by grave events, the solution of which is of interest to all men of heart, since in practice it often leads to serious consequences. Moreover the illustrious publicist does not content himself with a vain display of erudition; he is full of generosity and of kindness and his teaching breathes the noblest sentiments. Writers have attributed to the University of Paris the merit of having taught Franciscus de Victoria the doctrine which he merely transported into Spain. To be content with such an explanation one must be ignorant of the state of education in the capital of France at the beginning of the sixteenth century and not know that neither the love of innovation nor even mere curiosity of mind had any influence on the great majority of the teachers, for whom all science consisted in endless disputes on words and about words. In saying this we have no thought of reproaching the University of Paris for having pronounced against the teaching of Luther and for having condemned it. Other universities had already rebuked him. The reformer was, moreover, a menace to the existence of ecclesiastical institutions and he had to expect violent attacks. But even within the bounds of orthodoxy it was very necessary to maintain a hostile attitude to all who were not thoroughly imbued with the idea that the doctrines of the past were the perfection of wisdom. In the closing years of the fifteenth century Erasmus lived in Paris and saw the masters at work; he assuredly had sound judgment, and here is the verdict which he pronounced upon them: "Are there any brains more imbecile than those of the theologasters? I know nothing more barbarous than their speech, more coarse than their understanding, more thorny than their teaching, more violent than their discussions." "In 1500," writes Louis Delaruelle, "the University of Paris in its organization and in its methods is almost the same as it was a century earlier. It is always the formidable machine constructed in the Middle Ages for the manufacture of theologians. Everything there continues to be subordinated to this end. The study of literature consists entirely in that of grammar and is relegated to the lowest grade of instruction. Logic is ever the science of sciences; disputation continues to be preferred to any deep study of authors." In 1527 Pierre de la Ramée, Ramus, studied at the University of Paris. "When I came to Paris," he wrote at a later date, "I fell into the subtleties of the sophists, and I was taught the liberal arts by question and disputation without ever being shown a single other advantage or use in them." To demonstrate the vice of this kind of instruction, let us say that disputation was all in all in it. "There is disputation before dinner," wrote Juan Luis Vivès in 1531, "there is disputation after dinner; there is disputation in public and in private, in every place and at every time. The bursars of the colleges held disputations every Saturday; each in his turn was 'respondent' (respondens) and 'opponent' (opponens)." Ramus, whom we have quoted above, gives a more complete description still. "I believed then -- the scholar must believe (so says Aristotle) -- that there was no particular need to trouble myself about the nature or aim of logic, but that the only thing to do was to make it the object of our shouts and our disputes; I accordingly disputed and I shouted with all my might. If the business in hand was to defend in class some thesis on the categories, I believed it my duty never to yield to my adversary, were he a hundred times right, but to hunt for some fairly subtle distinction in order to embroil the whole discussion with it. If on the other hand, I were the assailant of the thesis, then all my care and effort were directed not to the enlightenment of my adversary, but to beat him by some argument, whether good or bad; so I had been taught and trained. The categories of Aristotle were like the ball with which we used to play our childhood's game and which we had to get back by our shouts when we had lost it, but which on the contrary we must not let any noise dispossess us of when once we had got it. I was then convinced that all logic reduced itself to a discussion about logic with vehement and furious words." So it was obviously not among the masters of philosophy or theology in Paris that Franciscus de Victoria was enabled to acquire the precious possession wherein were united the spirit of research and of innovation, the tendency toward progress, the love of his neighbor, and the sentiment of solidarity. Nature had endowed him with great qualities; in himself there reposed a strength that nothing was to curb or to stifle. He had, then, the good fortune to find himself in surroundings favorable to the development of his innate gifts. In reality everything demonstrates that he was in constant communication with the humanists who, side by side with the representatives of official instruction and despite their hostility and anger, were at that time making the capital of France the center of a vast movement of reconstruction. In 1520, during his stay in Paris, Franciscus de Victoria became intimate with one of the most deserving of the humanists, Josse van Assche, Jodocus Badius Ascensius, Josse Bade, as French writers called him. This latter was born at Ghent. After having gone through a course of study at the University of Louvain, he had betaken himself to Italy, where he had studied Latin and Greek; later he had taught at Valencia and Lyons and then he had established himself as a printer at Paris, and, without abandoning his literary labors, had published a number of works, among which were many that were written or at any rate annotated by the representatives of the reconstruction theories. The name of Franciscus de Victoria figured on the title-page of two volumes of sermons by Pedro de Covarrubias, a Spanish Dominican: this shows that he had revised the work. Doubtless if this were an isolated fact, it would not justify any forcible conclusion; but other facts can be added to it which show that Franciscus de Victoria was no stranger in this "republic of letters," as it has been called, which dates its beginning from the year 1516 and of which Erasmus was the recognized head. When in 1527 a campaign of denunciation was started in Spain against this illustrious savant, he addressed a letter to Franciscus de Victoria; and their common friend, Juan Luis Vivès, testified to the eminent qualities of Victoria, and assented that he had affection and adoration for Erasmus. Thanks to being brought into contact with men animated by noble sentiments, Franciscus de Victoria undoubtedly found his natural leanings strengthened and received help from this beneficent influence for taking in hand the defense of the just cause of the Indians. In treating of the cruel topic of the law of war, he asserted principles which bore the imprint of moderation and humanity. Almost the whole of the pacific movement at the beginning of the sixteenth century issued from humanism, and this had produced its effect on the thought of the Spanish publicist. Shortly after 1521, Franciscus de Victoria returned to his own country, where he was appointed first regent of the Dominican College of Saint Gregory at Valladolid. In 1526 the primary chair of theology at the University of Salamanca became vacant by the death of Pedro, or rather Pablo, of Leon, who had held it since 1507. It was thrown open to competition and on September 7, 1526, the judges awarded it unanimously to Franciscus de Victoria, who was sworn in before a notary on September 21 and occupied the position until his death. A member of the Order of St. Dominic has tried recently to show, by following the information supplied by contemporaries, the method of instruction and the professorial qualities of the great man. "Franciscus de Victoria," he writes," came up to all hopes, he even surpassed them. Under his powerful direction the College of Salamanca attained a position unique in Spain. His manner of teaching distinguished him from most of the other professors. Instead of the aridity of scholastic formulas, which he employed only in order to lay the bases of his teaching, he knew how to bring out eloquently their beauty and their grandeur. He did not despise elegance of diction; he loved to support the conclusions of theology by happy citations from the Fathers and by the facts of ecclesiastical history. His courses, made attractive by the grace of his language, rapidly reached universal favor. Solidity of doctrine with elegance of instruction, this is what was afforded by the long professorate of Franciscus de Victoria. For twenty years he filled the chair of theology at Salamanca, from 1526 to 1546, that is, until his death. He had the shaping of most illustrious disciples: Melchior Cano, Domingo Soto, Bartholomew of Medina, and many others boasted of having had him for their master. It was he who, according to their own admission, as well as according to the admission of savants outside the Order, restored theological teaching in Spain; it was he who, uniting solidity of doctrine to a literary style, provided the method which it was necessary to follow in order to win back for theology the place of honor. He did not write, but his disciples, greedy to hear him, piously gathered together his learned discourses. At least some of them were subsequently published." The contemporaries of the incomparable professor were unanimous in extolling his talent for exposition. They also praise him for having dictated to his pupils. This method was undoubtedly not new. It had been employed at Paris for more than a century; it was also employed in other French universities; doubtless it appeared useful because the Spanish teachers had carried improvisation to the point of abuse and had too often preferred grandiloquence and inflated phrases to clearness and simplicity and precision. The pupils of Franciscus de Victoria felt bound to pay homage to their master. One of the most illustrious of them, Melchior Cano has done honor to him in magnificent terms. "Spain," writes he in De locis theologicis libri duodecim, " has received this eminent master of theology from the great goodness of God." He calls him sacrae theologiae restaurator cui debent Hispaniae quod veram theologiam docuerit. He adds that he has increased, enriched, and rendered more illustrious the doctrine of Saint Thomas: "What doctrine I have," he goes on to say, "worthy of the approval of the wise, what skill I have in the judgment of men and things, what literary culture I have above other scholastics and utilize in my works, -- doctrine, judgment and eloquence I owe all to this man, whom I have followed as my chief and to whom I have yielded obedience, giving careful heed to his precepts and his admonitions..... The principles which I teach belong as much to my master as to myself and more; I am bound to render him this justice. I desire that the wisdom of this illustrious man be proclaimed and known to posterity. Although I acknowledge myself to be much inferior to him, I wish to render him, as best I can, the thanks that I owe him. I also beg future readers of my works to believe that my master was infinitely greater than I can say." Domingo Soto pays the same eulogistic tribute to Franciscus de Victoria. Born at Segovia in 1494, he had studied at Alcala and Paris. At the age of thirty he had entered the Order of St. Dominic. In 1532 he had become professor of theology at Salamanca for the evening course, whilst Franciscus de Victoria was the teacher in the morning. One other testimony may be invoked among numerous others; it is that of Alfonso Garcia Matamoros, the author of the book, De academiis et doctis viris Hispaniae, sive pro asserenda Hispanorum eruditione narratio apologetica. He calls Franciscus de Victoria "the splendor of the Order of St. Dominic, the honor and the ornament of theology, the model of ancient religion. Franciscus calls theology down from heaven as Socrates in ancient times called down philosophy." Instruction did not absorb all the activity of the great professor of Salamanca. On numerous occasions he was consulted by Charles V, who submitted cases of conscience to him and sought his advice on affairs of a delicate nature. It was in this way that he had to give his opinion on the validity of the arguments put forward by Henry VIII of England, with a view to procure the nullity of the marriage which he had contracted with Catherine of Aragon, the aunt of the Spanish monarch. The dissertation, De matrimonio, published in the Relectiones contains a passage relating to this historic suit. In 1532 Franciscus de Victoria pronounced his famous dissertations, De Indis and De Jure belli Hispanorum in barbaros, in which he examined the titles which the Spaniards might allege to justify their domination in the New World. We shall have an opportunity to examine them in detail. In 1539 Charles V submitted to the professor of Salamanca several questions about the affairs of the Indies. The letter is dated from Toledo, January 31. In the following year he addressed to him, on the same subject, another letter, dated from Madrid, March 31. On March 21, 1541, Charles V consulted yet again the man in whom he had such confidence. It was about a grave matter which had been brought before the Council of the Indies by Bartholomew de Las Casas: Was it lawful and fitting to baptize adult Indians according to the form employed in the New World, that is to say, without giving them a preliminary religious instruction? Charles V commissioned Franciscus de Victoria to examine the point, to consult such of the theologians of Salamanca as he should deem it expedient to question, and to transmit their opinions together with his own. The conclusion was in favor of the thesis submitted by Las Casas. Let us here note that the professor of Salamanca was probably better qualified than any other person to give a considered and well-informed opinion on the subject of the Indians. Several of his pupils with whom he remained in touch were devoted missionaries to the West Indies: for example, Alonso de Veracruz and Domingo de Salazar, both of them Dominicans, the latter of whom, after becoming professor of theology at Mexico, wrote a treatise on the titles possessed by the kings of Spain to domination over the Indians. A great event was preparing for the Church; it was the assembly of an ecumenical council. It is difficult in our day to imagine the importance then attributed to the assembly of the bishops of the Christian world. The struggles between the Holy See and the ecclesiastical representatives of the nations of Christendom were not forgotten. Sovereigns as well as clergy and laity threw themselves with ardor into endless disputations. Both those Catholics who remained faithful and the partisans of Luther demanded with the same ardor the convocation of the ecclesiastical authorities to decide what was conformable to dogma and to discipline. After his interview with Cardinal Cajetan, Luther had appealed from an ill-informed Pope to a better-informed Pope; but on November 28, 1518, he had appealed from the Pope himself to the future general council and he renewed this second appeal after the condemnation pronounced by the bull of Leo X of June 15, 1520, against him and against his adherents. Since 1523 the Diet of Nuremberg had demanded that Pope Adrian VI should summon a council in some town of Germany, and thereafter diets continued to insist on this summons. On June 2, 1536, Paul III issued a bull summoning a council for the following year; the town named was Mantua; but the Holy See met with constant difficulties; the Pope published as many as six bulls proroguing or convoking afresh the ecumenical assembly, and at last a bull of November 19, 1544, opened the council for March 15, 1545. "But," writes Frà Paolo Sarpi, "matters dragged and the council opened December 13, 1545; there were legates and bishops to the number of twenty-five." The place of meeting was Trent. The Roman Curia would have preferred some town of the Papal States as the seat of the assembly; attempts were made with this object in view; the legates obtained from the Fathers a transference to Bologna; twice the Council was suspended; twice it resumed its sessions. Convoked afresh December 3, 1560, it closed its labors December 4, 1563. The work itself of the Council does not concern. us here: we must confine ourselves to a summary of the situation created for the Holy See, the bishops, and governments. The Popes were reproached for having given predominance to the Italian element; in truth the majority was constantly formed of prelates who were dependent on the Curia, and in the closing period there were 150 Italian bishops against 66 bishops of other nationalities. The bishops of non-Italian countries were in opposition to the Holy See, in this sense at least that they constantly affirmed the independence of their spiritual functions. In this way it came about that the Archbishop of Grenada, Guerrero, complained that the bishops were transformed into vicars-general of the Pope, dependent on and removable by him, and that the Spanish prelates in general denounced the usurpations of the Holy See in episcopal authority and maintained that it would be impossible to remedy these abuses without restoring to the bishops all that had been usurped from them by Rome. The legates represented at one and the same time the council over which they presided and the Pope whose agents they were. The Popes had at first desired the presence also of the sovereigns and their personal co-operation in the labors of the council; but, if this desire was not realized, the princes at least entered into relations with it by correspondence and were represented by ambassadors. "These," says an author, "were accredited to the council itself, which was treated as a power. Also they could not be received unless their credentials were perfectly in order. When presenting them they usually addressed a harangue to the council. They expressed themselves orally with as little discretion as their masters did in writing. Every one knows what excitement was aroused by the discourses of Amyot in 1551, of Pibrac in 1562." The Fathers of the council held two kinds of meetings. There were public and solemn sessions or assemblies, in which decrees were issued and which were only twenty-five in number. There were also congregations, or preparatory assemblies; these were either general or special. Theologians collaborated in the special congregations and in those general congregations which were public, for according to the rule the Fathers alone were admitted to the secret general congregations. "Below the Fathers," says the author just cited, "were the inferior theologians, such as the simple doctors of the Sorbonne, sent by the Pope and by the kings or brought by the prelates. Not being prelates themselves, they had no vote; admission to the secret general congregations was closed to them; there was only a small number of them who succeeded in obtaining an entrance there at the end of the council; they were admitted to and probably rendered great services in the public general congregations and private congregations. They themselves held meetings in which they prepared for all the others and which the Fathers attended at their pleasure." It is stated that among the theologians who collaborated in the labors of the Council of Trent, the Spaniards distinguished themselves above all others. They were able, in fact, to put forward in the discussions men of the highest worth, such as Domingo Soto and Melchior Cano, to cite two names only. On the eve of the meeting of the council, the prince-royal, who afterwards became Philip II, acting on behalf of Charles V, had invited Franciscus de Victoria to take part in the labors of the ecumenical council; but the latter excused himself on the plea of age and persistent ill-health. He died some months after the opening of the work. It has been stated that the influence of the illustrious thinker upon the Spanish prelates who sat at Trent was extraordinary, as is evidenced by quotations from his disciples among them and also from his old pupils among the theologians. The Order of Dominicans had generally been faithful to the Holy See. Its traditional education proved this, and the names of eminent members, such as that of Juan de Torquemada, appeared in the first rank of the champions of the rights of the Pope against the pretensions of the Councils of Basel and of Florence. In 1511, under the pontificate of Julius II, nine cardinals, inspired by Louis XII, King of France, and by the Emperor Maximilian, had convoked at Pisa an ecumenical council which was to be opened on September 1; their contention was that, if the Pope neglects or refuses to convoke a council, this right belongs to the Sacred College. The master-general of the Order at that time was the famous theologian, Tommaso de Vio, born at Gaëta and thence called Cajetanus. He forbade the Friars Preachers to give any countenance to the assembly at Pisa and wrote his treatise, De authoritate Papae et Concilii utraque invicem comparata, wherein he contended that the Pope alone is the supreme head of the Church, that he is its lawgiver and its judge of ultimate appeal, that the council can neither impose a law upon him nor judge him, and that the papal approbation alone gives obligatory force to the decrees of the ecumenical assembly. From the lectures which his pupils published we know the opinions which Franciscus de Victoria, if the state of his health had allowed him to be present, would doubtless have expressed at the Council of Trent, on the subject of the relative positions of the Pope and the council and the relations between the spiritual and the temporal powers. These lectures are entitled, one, De potestate ecclesiae, another, De potestate civili, and the third, De potestate Papae et Concilii. The learned theologian displays the profoundest respect for the Church and for its head. He places the respublica spiritualis and the respublica temporalis side by side and he teaches that both are perfect, that is to say, that they are self-sufficing; in other words, if either is unable to maintain itself unharmed and intact in its own sphere, it may do all that is needful to accomplish its object. The head of the Church has thus the right to act, not immediately and directly, as if usurping civil power, but by giving orders through the medium of his spiritual power. Franciscus de Victoria applies his reasoning to the case in which an unjust law has been established by a prince and to the case in which princes make war on one another about some country to the manifest detriment of religion; in this last hypothesis he admits that the sovereign pontiff may forbid the princes to make war and may, at need, constitute himself the judge of their quarrel. In reality, he claims not to encroach on civil authority; his wish is to safeguard spiritual authority and to protect it from encroachments. He cites by way of analogy the case which might present itself in international affairs. "If," says he, "the Spaniards can not otherwise defend themselves against the wrongs done them by the French, they are entitled to occupy the cities of the latter, to impose new princes upon them, to punish the guilty, and to act as if they were the real masters: all the doctors are of this opinion." As regards the relative positions of the Pope and the Council, Franciscus de Victoria would have the Council treat the Pope with deference; he exacts the avoidance of scandal, but he in no wise goes so far as to proclaim the superiority of the Pope. Juan de Torquemada, as we have seen, had defended the prerogatives of the sovereign pontiff against the Council of Basel; but the same Torquemada had cooperated in the labors of the Council of Constance which had deposed Pope John XXIII; and he had given his approbation to this measure. This approbation, the professor of Salamanca considers of great importance, and he recognizes the right to call the council against the will of the Pope, if the latter's character is destructive to the Church. Franciscus de Victoria does not even admit that the sovereign pontiff, of his own will and without reasonable ground, may dispense with the observance of decrees issued by the councils. In the preceding centuries the rights of the Emperor had not only caused violent struggles in the domain of fact, but also keen and animated discussions among publicists. We have already seen how the kings of France and of England had affirmed their independence. In Spain, King Alfonso X of Castile, who had intrigued for the imperial crown, had, in the Siete partidas, attributed the highest position to the Emperor. "The imperial dignity," he has written "is the loftiest and excels all other dignities." The utterances of jurists, seduced by the notions current in Roman law, were significant. To go no further back, we may cite Bartolus of Sassoferrato, who, in the middle of the fourteenth century, wrote these lines: "If anyone asserted that the Emperor is not the monarch of the entire world, he would be a heretic; for he would make a pronouncement contrary to the decision of the Church and contrary to the text of the Gospel which says: 'A decree went forth from Caesar Augustus that a census should be taken of all the world,' as St. Luke has it and so Christ, too, recognized him as emperor and master." With regard to a papal bull denying the imperial supremacy, Bartolus did not hesitate to reproduce and to approve the contemptuous words of his teacher, Cino da Pistoia: "Let it go by with the other errors of the canonists." A contemporary of Bartolus, Alberico da Rosciate, had raised rational objections against the universal monarchy of the Emperor, and had come to the conclusion that the two powers were distinct and that the Pope was dominant in spiritual affairs and the Emperor in temporal affairs. According to Franciscus de Victoria, the Emperor is not the lord of the world, "Imperator non est dominus orbis." He proves his proposition by means of arguments of law and of fact; he recalls that the Roman Empire was divided into an empire of the East and an empire of the West, and that the emperors of Germany have never raised a pretension to be masters of Greece, whilst the Council of Florence recognized John Palaeologus as lawful sovereign. "The patrimony of the Church," writes he, "is not subject to the Emperor; the kingdom of Spain and the kingdom of France are no more under his domination, although the gloss says that this independence is matter of fact and not matter of law; doctors even concede that some cities formerly subject to the Empire have succeeded in withdrawing from its rule by force of custom, a thing which would not be possible, if their subjection were by divine right." III. We must now go back a few years and relate the incident already alluded to, mentioned in the letters of Erasmus and Vivès, especially the part played by Franciscus de Victoria when the great humanist was violently assailed in Spain. Erasmus had paid a tribute to the purity of Luther's morals in a letter addressed to Cardinal Wolsey in 1518; in a letter written to the rector of the University of Erfurt, he had admitted the usefulness and the beauty of the object pursued by the German monk. On March 28, 1519, Luther initiated a correspondence with the celebrated savant; he testifies to his respect for him and to his gratitude for the services rendered by him to literature and to the emancipation of thought. Erasmus's answer was a mixture of approbation and advice. But soon events assumed an aspect of violence, and Erasmus, something of a sceptic, but always pacific and the enemy of all excess, refused to follow the impetuous rebel or even to pass over in silence one of his doctrines in which he saw danger to the human mind. In the month of September, 1524, he wrote the book, De libero arbitrio; Luther replied in 1525 with the treatise, De servo arbitrio, and Erasmus wrote the Hyperaspistes diatribe ad servum arbitrium. "The rupture," says a writer, "was henceforth irreparable. Erasmus remained until his death the enemy of the Reformation and did not cease to write against it; thanks to his powerful influence, thanks to his numerous affiliations, all the humanists followed his example.... If Erasmus became the bitter enemy of Luther, the latter did not show him any consideration. He did not lay down his weapons, even in the presence of death." The Catholics ranked Erasmus among the most valiant defenders of the faith and Pope Clement VII protected him. Nevertheless he had rancorous enemies, who, in many countries, tried to arouse the ecclesiastical authorities against him. In the month of April, 1524, Noël Beda, doctor of theology, formerly principal of the College of Montaigu, having become syndic of the faculty, denounced at the Sorbonne some propositions, which he had extracted from the works of the learned writer, and demanded their condemnation. The storm was long and very violent. In Spain also the tempest broke. Erasmus reckoned many friends there, more perhaps than in any other country of Christendom. But he had enemies also. In 1526 a campaign of denunciation was directed against him by the Spanish monks, who accused him of attacking the Holy Trinity, the divinity of Christ, and the divinity of the Holy Ghost. He was obliged to defend himself. The monks, the Franciscans especially, were animated by sentiments akin to hatred toward the great man. The printed correspondence of Erasmus contains an important letter about these events. It is addressed "theologo cuidam Hispano Sorbonico," "to a Spanish theologian of the Sorbonne." The text completely solves the question concerning the identity of the addressee. The humanist mentions the fact that the whole movement was directed by one of his enemies, Edward Lee, with whom several years previously he had been engaged in violent polemics. In 1526 Lee was in Spain as ambassador of Henry VIII and he had aroused Erasmus's enemies, who had gone so far as to lay a plaint against him in the palace of the Emperor. Among the leaders was the prior of the Dominican convent of Burgos. Erasmus names him and adds, "tuus, ut audio, frater," "your brother, as I am informed." There is no room for doubt. It is to Franciscus de Victoria that Erasmus is writing. Moreover, the devoted friend of this latter, Juan Luis Vivès, had expressed himself in the most flattering terms with regard to Franciscus de Victoria, whom he had known at Paris when he himself was studying at the College of Beauvais under the direction of Jean Dullaert, a native of Ghent. Thanks to Juan de Vergara, secretary of the Archbishop of Toledo, Alfonso de Fonseca, Vivès was kept informed of the plot that was being hatched and helped in the preparation of defense. "Diego de Victoria," he wrote to Erasmus, "has a brother, Franciscus de Victoria, like him a Dominican, a theologian of Paris, a man of genuine reputation, in whom much confidence is placed; more than once he defended you at Paris before numerous theologians; from his childhood he has occupied himself with literature; he admires you, he adores you. He is a teacher at Salamanca, where he holds what is called the primary chair." The monks tried to arouse the mob and to drive them to sedition; they took an oath to hearken neither to Emperor nor to bishops, saying that they owed obedience to God rather than to man. Because of their clamors and raging sermons, it was necessary for the civil authority and the religious authority, almost all the representatives of which, including the Emperor and the archbishops of Toledo and Seville, were favorable to Erasmus, to agree to promise an inquiry and to nominate a commission of investigation. In his letter to the "Spanish theologian of the Sorbonne," that is to say, to Franciscus de Victoria, Erasmus had asked the latter to intercede with his brother, Diego, and also with Noël Beda, who at the same time was raising almost insurmountable difficulties tor him in Paris. In France, the Sorbonne condemned the propositions which Beda pretended to have extracted from the works of the great humanist; and, in December, 1527, it gave a doctrinal judgment in thirty-two articles. It is true that for four years the government refused to allow this censure to be printed. In Spain, the commission of inquiry met at Valladolid; it comprised twenty-one theologians, among whom was Franciscus de Victoria. The partisans of Erasmus were greatly in the majority. But no judgment was pronounced. The plague which was then desolating the country caused a suspension of the proceedings and they were never resumed. It is true that another blow was dealt to the celebrated writer. "Erasmus," says Llorente, "thought he had come out of this affair well; not so at all; for the Council of the Supreme forbade the reading of his Colloquies, of his Praise of Folly, and of his Paraphrase of the New Testament." We possess some interesting information about Franciscus de Victoria, thanks to two learned Belgians who knew him personally, Nicholas Cleynaerts and Joannes Vasaeus. Cleynaerts was born at Diest in 1493 or 1494; he studied at the University of Louvain, where, in 1519, he obtained the authorization to teach Greek and Hebrew, either publicly or privately. In 1531 Joannes Vasaeus, a native of Bruges, attended his lectures. In this year the natural son of Christopher Columbus, Fernand Columbus, "the greatest bibliophile of his time, perhaps of all time," as Henry Harrisse describes him, was looking for learned persons whose collaboration he wished to secure in organizing the library which he was creating at Seville and which was afterwards called, from his name, the Columbine. He was very rich; his annual income was reckoned at a sum equal in our money to 300,000 francs, and to this income must be added the profits accruing from commercial operations. He made offers to Cleynaerts and Vasaeus which they accepted. In the month of October, 1531, Fernand left the Low Countries and directed his steps towards Spain in company with the two Belgians. At Salamanca, Cleynaerts and Vasaeus made the acquaintance of Franciscus de Victoria, with whom they remained in relations of close friendship, as is proved by passages in their writings. It is known that Cleynaerts was called to Portugal to direct the education of the brother of King John III, Prince Henry, who was then Archbishop of Braga and who subsequently ascended the throne. Vasaeus became librarian to Fernand Columbus; at the end of three years he returned to Salamanca, where he tried to gain a livelihood by giving lessons. Later on he was called to Portugal. He is the author of Chronicon rerum memorabilium Hispaniae, only the first volume of which appeared. He died in 1552. In his letters Cleynaerts makes several references to Franciscus de Victoria, with whom, moreover, he was in correspondence; he vaunts his extraordinary learning; he praises his admirable Latinity; he urges Vasaeus to pay the greatest heed to the advice which the professor of Salamanca gives him. Shortly after the death of Franciscus de Victoria, Joannes Vasaeus paid an impassioned tribute to him in his Chronicon. "If he had lived," writes he, "what help he would have given me! His erudition was incredible, his reading almost unlimited, his memory ready; he was like a miracle of nature." In a book on the Adagia of Erasmus the same author dedicates the following lines to the memory of the master of Salamanca: "In the whole of Spain there was no one so wise, so simple, and, I make bold to add, so saintly." Franciscus de Victoria died August 12, 1546. For two years he had suffered much from rheumatic pains, and the disease made such progress that he had to procure a substitute for his theological lectures, Juan Gil Fernandez de Nava. The University, the Dominican Order, and the whole town gave him a touching funeral amidst general grief. IV. The lectures of Franciscus de Victoria have come down to us in part. After his death some former pupils collected his formal lectures, the relectiones which the professor had delivered, and had them printed. The first edition was not very correct; succeeding editions also left much to be desired in this respect; but the mistakes, after all, were mistakes of printing, which the reader can correct. One consideration, which is of more importance, forces itself on the mind of the reader; it goes to the root of the matter and raises the question whether the lectures, as they have come down to us, are quite complete. Even if no decisive answer can be given, it is certain that the dissertations, such as we now see them, are enough to give us an idea of the opinions of the master and, even as regards their form, they enable us to appreciate the elegance, the clearness, the charm of the Latin diction employed by the professor of Salamanca. Their very title, Relectiones theologicae, shows that theology was in the fore-front; nevertheless some topics are treated which belong to politics and to the Law of Nations. The author has been at pains to explain the way in which he views his task when occupied with legal problems. He maintains that the office and function of the theologian extend to such a point that no argument, no controversy, appears foreign to the profession and institution of theology. And especially as regards questions about the rights of barbarian populations, he affirms that they are still open to discussion, inasmuch as they have in no way been settled. To the objection that wise and prudent men have been entrusted with the administration, he replies that doubt is permissible, because there is a rumor abroad about massacres and spoliations and so it is lawful to ask oneself whether all that has happened is free from injustice. "Now," he writes, "the settlement of these matters does not belong to jurists, or at any rate it does not belong to them alone. As the barbarians are not subjects in virtue of any human law, matters concerning them ought to be examined from the point of view, not of human, but of divine law, in which jurists are not sufficiently versed to be able to solve the difficulties. It is a question for the forum of conscience, the department of the priests, that is to say, of the Church." "Et cum agatur de foro conscientiae, hoc spectat ad sacerdotes, id est, ad Ecclesiam, diffinire." The first edition of the Relectiones theologicae appeared at Lyons in 1557, from the house of Jacques Boyer; in 1565 a second edition was printed at Salamanca, by Juan de Canova; it bears the title Relectiones undecim; other editions are entitled Relectiones theologicae tredecim partibus divisae; the difference arises from the fact that two of the lectures are sometimes divided into prior and posterior. The edition of 1565 was supervised by Father Alonso Muñoz, of the Order of St. Dominic. It is dedicated to Don Carlos. The title-page states that the edition "has been purged of the prodigious and countless mistakes with which the first edition, that of Jacques Boyer, was filled." The prefatory announcement contains the complaint, made by Alonso Muñoz, with regard to the mistakes of this same edition; he writes that he had made a list of these mistakes when helping Domingo Soto in the correction of his book of Sententiae. We might add that to the copies of the edition of Muñoz the licentiate Mercado, censor of books at the court of the king, has annexed four pages of Errata with their corrections. In 1580 a correct edition was printed at Ingolstadt. In 1587 a fourth edition appeared at Lyons; it was the work of an unknown theologian. It is preceded by a eulogy of Franciscus de Victoria, in which the facts are recalled that Melchior Cano and Domingo Soto were pupils of this teacher and that the kings of Spain submitted to him cases of conscience concerning the New World and the repudiation of Catherine of Aragon by Henry VIII. The edition was published at the expense of Pierre Landry; and some Latin verses written in praise of the last-named find a place at the end of other verses written to honor the author of the work and to give some idea of the work itself. Still other editions may be cited -- that of Antwerp of 1604 and that of Venice of 1626, a copy of which was used by Henry Hallam in connection with the interesting pages about Franciscus de Victoria which he wrote in his Introduction to the literature of Europe in the fifteenth, sixteenth and seventeenth centuries. Mention may also be made of an edition of Salamanca of 1680 and of an edition of Cologne in 1696, the latter being published under the supervision of Johann Georg Simon, professor of law at Jena and later at Halle. Reference may further be made to an edition of Madrid of 1765. Finally, it is proper to add that the Marquis de Olivart, who has rendered so many services to the science of international law, has published the two lectures on the Indians and on the law of war. Other works of the author appeared after his death. These are the Summa sacramentorum Ecclesiae, printed at Valladolid in 1561, and a manual in Spanish for confessors, Confesionario, which appeared at Salamanca in 1562. Nicholas Antonio mentions the manuscripts, Commentaria in universam Summam Theologiae Sancti Thomae and Commentaria in IV libros Sententiarum. The lectures with which we are now to be particularly occupied are entitled in the edition of 1565: De Indis recenter inventis relectio prior and De Indis, sive de jure belli Hispanorum in barbaros, relectio posterior. They are devoted to an examination of the titles which the Spanish might put forward in order to justify their domination in the New World. They were delivered in 1532 and are the first complete exposition of the question. It had undoubtedly already been brought before scientific opinion; thus we may mention Juan Lopez de Palacios Rubios, who undertook the defense of the oppressed Indians in a formal opinion given at the request of King Ferdinand. "The king," wrote he, "has added to his power the isles of the ocean commonly called the Indies and he has summoned into the truth of the Gospel the men and the uncultured peoples there resident. The question thus arises, what rights does the sovereign possess? The author has learned from a reliable source that the aborigines of the countries just discovered by Christopher Columbus are men endowed with reason -- mild, pacific, and capable of rising to the level of our religion. They have no private property, but cultivate certain land in common. They are addicted to polygamy, which results in the disorganization of their families. Are they free? Yes, for God has given liberty to all men; nevertheless they ought to hearken to the teachings of Christian priests." Already in 1494 the question of the aborigines of the New World had been submitted by the government to a commission composed of theologians and canonists who pronounced in favor of the generous doctrine, and a letter of Queen Isabella, dated February 10, 1495, showed that the arguments invoked had convinced the sovereign. Unfortunately the authorities of the mother country yielded to the claims and demands of the colonists who were animated by the spirit of lucre. Slavery existed in Spain. It was recruited not only from prisoners made in wars waged in the country itself against the Moors, but from the closing years of the fourteenth century there had been markets at Seville and Cadiz in which natives of the Canaries (Guanches, as they were called) were exposed for sale; at the commencement of the fifteenth century negro slaves had been introduced into Castille in the wake of the expeditions made by the Portuguese. The Spaniards were familiarized with slavery; it is not surprising that the abominable thought of reducing into slavery the aborigines of the New World should have been conceived, nor is it any more to be wondered at that negroes should have been transported to the West Indies. " Before the organization of the slave-trade was thought of," writes Georges Scelle, "and from the first days of the conquest, negroes were certainly brought from Spain into America. It is notorious that at the end of the fifteenth century slaves were numerous in Portugal, in Spain, and especially in Andalusia: white slaves, Moors, Jews, and especially black slaves. Is it not reasonable to suppose that Spaniards took some with them? They transported them not only from Portugal and Spain, but from the islands of the Mediterranean, the Balearic Isles, Sardinia (where they were numerous), Madeira, and the Canaries, which had been conquered a little time before and at which the vessels touched when sailing for the West." Repartimientos and encomiendas were established, on which the Indians were reduced to servitude, whilst certain populations were condemned to slavery. "The usage," writes Alexander von Humboldt, "of distributing the natives among the Spaniards, in order to facilitate the work of the mines, began in 1496 .... By the Provision of December 20, 1503, the central government authorized compulsory labor, arbitrary taxation of wages, the right of transporting the natives to the most distant parts of the island and of separating them for six and then for eight months from their family. This was the demora. There was also the mita, the exploitation of the mines." On December 20, 1503, a horrible decree was signed. "It allowed," says the illustrious savant just cited, "the reduction into captivity and the sale of the Caribs of the isles and of the mainland.... There were lengthy discussions about the shades of difference which distinguish the varieties of the human race; which populations were Caribs or cannibals, condemned to extermination or to slavery, and which were guatiaos, or Indians of peace, old friends of the Spaniards? In 1511 it was decreed that the Caribs should be branded with a hot iron, a barbarous custom which at the beginning of this century I found much in vogue among the black peoples of the Antilles." The Hieronymites and the Franciscans were the first missionaries to visit the New World. Cajetan became master-general of the Order of Dominicans in 1508; he was full of zeal for evangelization, but the government would not allow the departure of missionaries belonging to this Order until September, 1510: then three brothers started, all belonging to the convent of San Esteban at Salamanca. Among them was Antony of Montesino, who returned to Europe in 1511 and took up the defense of the unhappy populations before a commission which Ferdinand assembled at Burgos in 1511. In 1519 another solemn discussion took place before the young king, Charles, in which Diego Columbus, viceroy of the Indies took part. Bartholomew de las Casas made himself there the devoted advocate of the oppressed and thus inaugurated the long series of devoted services which won for him the glorious name of defender of the liberty of the natives of America. In his Relectiones Franciscus de Victoria repudiates all theories, whether based on the alleged superiority of the Christians, or on their right to punish idolatry, or on the mission which might have been given them to propagate the true religion. The question whether unbelievers had dominium had been discussed by others. In order to refute it, Franciscus de Victoria, in the Relectio de potestate civili, cites the opinion of Richard Fitzralph, Archbishop of Armagh (whence his name Armachanus), who died in 1360. He tells us how the latter, in his book, De paupertate Christi, teaches that unbelief and even mortal sin prevent the existence of power, of the right of domination, and of jurisdiction, and that grace is the title to and basis of all power. In the Relectio de Indis, he cites again the opinion of the Archbishop of Armagh; he mentions the similar doctrine of Wycliffe; he recalls that before these two writers the Poor Men of Lyons (the Waldenses) had fallen into the same mistake; he adds that the Council of Constance condemned the proposition which Wycliffe had formulated as follows: "Nullus est dominus civilis, dum est in peccato mortali." Franciscus de Victoria raises the question of title by discovery, inventio, the only title, says he, which was invoked at the beginning of the enterprises in the New World, and the only title in virtue of which Columbus, the Genoese, sailed. But he points out that this title is a sufficient one only in connection with uninhabited regions, and that in the case in question the barbarians were, both alike from the public and the private point of view, the real masters of the country. "According to the Law of Nations," says he, "that which has no owner becomes the property of the seizor; but the possessions we are speaking of were under a master, and therefore they do not come under the head of discovery." It is not irrelevant to note that title by discovery was admitted by a number of Spanish and Portuguese authors, and that it was with the purpose of contesting its validity when applied to newly discovered lands that Grotius required occupation in addition to discovery. "Invenire enim," wrote he in the Mare liberum, chapter 2 and chapter 5, "non est oculis usurpare, sed apprehendere, ut Gordiani epistola ostenditur: unde grammatici invenire et occupare pro verbis ponunt idem significantibus." Adopting the view of Franciscus de Victoria, he writes, "Invenire nihil juris tribuit, nisi in ea quae ante inventionem nullius fuerunt." He adds, "Occupatio in mobilibus est apprehensio, in immobilibus instructio aut limitatio." The professor of Salamanca repudiates the argument according to which the barbarians are under obligation to accept the Christian faith. He maintains that they are in no wise bound to believe merely because they have been told of the truth of the religion of Christ; according to him, if they refuse to become Christians after the proposition has merely been put before them, that does not entitle the Spaniards to declare and make war on them. In order that there may be a just cause of war, those who are attacked must have committed some fault justifying the attack of which they are the object. That is the teaching of St. Augustine; it is the common opinion, sententia communis, not only of theologians, but also of jurists. But if the barbarians are asked to give a hearing to those who would speak to them about religion, they can not refuse without committing a mortal sin, nor can they neglect to examine the probable and reasonable arguments which are put before them. The question then is, whether the Christian faith has been so propounded and announced to the aborigines of the New World that they are bound to recognize it; this question Franciscus de Victoria refuses to answer in the affirmative: "There have been no miracles or manifestations," says he, "which ought to have convinced them; there have not even been examples of religious life; on the contrary, the Spanish have been guilty of numerous scandals, crimes, and impieties." The great theologian then inquires into a delicate question which was also discussed by all the theologians and jurists who concerned themselves with the domination of the Spanish in the New World: can infamous vices and morals, and bloody practices, justify the making of war on those who are guilty of them? His teaching is that these do not afford the Spanish a just cause for establishing their domination by force of arms. We may observe that the charges brought against the Indians were well founded. A passage from Bernal Diaz del Castillo, one of the companions of Fernand Cortez in his Mexican expedition, throws some light on this matter. Diaz quotes the language used by his leader to some caciques who implored his protection. Cortès, he writes, told them that they ought to give up idols and sacrifices to idols. "He added that they ought to purge themselves of the shameful vices which their young men indulged in so scandalously; and that, furthermore, there was every day a sacrifice before our eyes of four or five Indians whose hearts were offered to the idols, while their blood was scattered on the walls and their legs and thighs and arms were cut up for food, just like meat coming out of our slaughterhouses (I believe, too, that they sold them retail in their markets)." He ended by promising that "if they would abandon their evil customs and practices, we would not only become their allies; but we would also make them lords of other provinces." A historian confirms what has been said about the degree of civilization attained by the peoples of the New World. "The Mexicans and Peruvians," he writes, "were barbarians: that is, while possessing a material basis sufficient to support a low degree of civilisation, their habits of thought and life remained essentially savage. The Mexican warriors, the most advanced class found in America, were cannibals; in both Mexico and Peru regular human sacrifices formed an essential part of the scheme of life. Cannibalism was unknown in Peru, though it existed among the Indians of the forest districts to the eastward of the Andes (the montaña) and to the northward of Los Pastos, the northern limit of the Inca dominion: this may reasonably be ascribed to the fact that the Peruvians possessed large domesticated food-animals, which were wanting in Mexico. In most other respects the Peruvians were at a lower level than the Mexicans." "In Mexico," continues the same author, "there existed a rudimentary commerce. ... Slavery, an important element in the earliest advancement, had come into existence.... In Peru, so far as appears, commerce was unknown ... nor was there any division of labor, except that between the warrior and the cultivator." The author just cited gives some instructive details. "The 'weak males,'" says he," are a noticeable class in ancient society, and abounded in the New World. Incapable of getting their living by the chase, the weak males would in the earliest savagery probably be killed and eaten, or, in the alternative, left to perish. In more advanced savagery they are allowed to survive, on the terms of systematically sharing the tasks of the women, which include the quest of wild vegetable food. From this the transition is easy to their becoming assistants, when the stage of partial agriculture has been reached, in the cultivation of the soil. Males of this class, wearing female attire, and performing the lowest functions imposed on the female sex, were commonly found, in the latest times, in the most advanced communities of America: those of the Mexican pueblos shocked the moral sense of the conquistadores scarcely less than did the hideous idols, the human sacrifices, and the cannibal feasts. Originally the weak males are of necessity celibates. As agriculture advances and labour is more and more in request, some of them, it would seem, are allowed to become the parents of others; their progeny, weak in physique, are well adapted to form the nucleus of the lowest group in the industrial class, the slaves. Tribes which have been largely depleted of their women, in the manner above indicated, must necessarily rely more and more on their weak males for purposes of labour; their vigour will consequently diminish, and they will be ready for subjugation by stronger ones." The illustrious theologian admits, however, that lawful titles may exist for the Spanish domination over the Indians. "The first title," says he, "may be called the title of natural society and of natural communication." "Primus titulus potest vocari naturalis societatis et communicationis." In virtue of this title the Spaniards may travel and sojourn in those parts, but on condition always of doing no hurt to the inhabitants, and it is not permissible to hinder them from such travel and sojourn. The learned author invokes the Law of Nations, the jus gentium. In this connection we have the words, "Quod naturalis ratio inter omnes gentes constituit, vocatur jus gentium." The passage is found at the beginning of the third section of the dissertation upon the aborigines of the New World. It has been asserted that the illustrious professor confined himself to a quotation of the well-known passage borrowed from Gaius by the Institutes of Justinian and that, quoting from memory, he had substituted the word gentes for the word homines, which in vulgar Latinity often meant "persons," "men," "nations." It is enough to read the development of his thought that Franciscus de Victoria gives in order to be convinced that he is dealing with gentes in the sense of "nations"; it is people whom he places side by side with one another in his argument; it is the word nationes that he uses after gentes; finally, it is the word gentes that he contrasts with the word homines. The examples which he gives in explanation of his thought are concerned with the relations of nations and with their intercourse. "Among all nations," he writes, " it is deemed inhuman to refuse a welcome to foreigners and strangers, unless there is some special reason to the contrary; it is regarded as humane and in conformity with duty to treat strangers kindly; now this would not be the case if strangers were doing a wrong in visiting a foreign nation." He adds that it would not be permissible for the French to forbid the Spanish to travel in France or even to dwell there, and that neither could the Spanish refuse to admit the French. May an observation be made? It is that it is puerile to challenge the use by a man of genius, such as Franciscus de Victoria was, of a terminology which expressed so perfectly his notion of a juridic order extending over the whole globe and composed exclusively of political communities. In the third book of Pantagruel, which appeared in 1545, Rabelais translates the expression jus gentium by "droit des peuples." The author of the Relectiones theologicae asserts the right of the Spanish to carry on trade in the New World, to carry thither, for example, the wares which the natives lacked, and to bring thence gold or silver or other things which abound there. "The barbarian princes," says he, "can not prevent their subjects from trading with the Spanish, and the Kings of Spain on their side can not forbid the Spanish to trade with the Indians." He invokes the maxim that we ought not to do to another what we do not want done to ourselves. He asserts that the Spanish could not hinder the French from trading with Spain. He shows that nature herself has established a relationship between all men, "inter omnes homines cognatio." "Man," he writes, "is not a wolf to man, as Ovid writes; he is a man." "Non enim homini homo lupus est, ut ait Ovidius, sect homo." He adds that when things are common property, the barbarians can not prevent the Spanish from profiting thereby; he gives as illustrations the gold of the mines or of the streams and pearls of the sea or of the rivers. He admits that an effective sanction should guarantee the exercise of trade. Moreover, if the barbarians oppose the Spanish in their exercise of this right, the latter should first have recourse to reason and should show that they do not come with intent to hurt. If such a method is insufficient, and if the Indians employ force, it is lawful for the Spaniards to defend themselves, to repel violence, to build forts, to make war, showing moderation, however, and inflicting the least injury possible. If the barbarians persist, nevertheless, in their hostility, and if they try to destroy the Spaniards, the latter may make use of all the rights of war, may despoil their enemies of their goods, may reduce them to captivity and may depose their chiefs. Here, too, moderation and measure are requisite; as the doctors say in treating of war, the prince who wages a just war is in virtue of that very fact the judge of his enemies, may punish them in accordance with law, and may condemn them in proportion to their wrong-doing. Franciscus de Victoria mentions some cases in which intervention with armed force is justifiable. Thus, the Indian chiefs may not persecute those of their subjects who have been converted to Christianity, nor purpose to bring them back to irreligion, and the same chiefs may not exercise tyranny nor enact tyrannical laws without giving the Spaniards the right to put an end to these abuses. He foresees the possibility of the aborigines voluntarily submitting to the king of Spain and proclaiming him their prince; for such action unanimity would not, according to him, be necessary; a majority would suffice. Another lawful title would be the rendering of help to allies; it is thus that the Romans conquered the world, that is, by making war especially to aid peoples who had formed bonds of friendship with them. The learned author treats more especially of the laws of war in the De Indis, sive de jure belli Hispanorum in barbaros, relectio posterior. He examines the four following questions: May Christians make war? What authority may declare and make War? What are the causes of a just war? What may be done to an enemy in a just war? He cites texts of the New Testament which seem to condemn resort to force; but he teaches that these are counsels and not orders, and it is in this way that he refutes the doctrine of Luther according to which Christians may not take arms even against the Turks, because, if the latter should invade Christendom, it would be in accordance with the divine will. With Saint Augustine he teaches that Christians may engage in military service and may make war. He enumerates several grounds which render war lawful. For instance, defense against an enemy; recourse to arms against evil-doers and the seditious; the pursuit of enemies after repulsing their attack; the necessity of defending public safety; the preservation of general tranquillity against tyrants and oppressors. As to the authority to whom is reserved the right to declare and make war, the author of the Relectiones theologicae observes that in a defensive war every man, even a private person, may repel force by force in order to protect his person and property, and he mentions in passing the opinion of authors who teach that a private person may not kill his adversary if by flight he could escape from the threatening peril. He gives definiteness to his thought by showing that there is a difference between the political community, Respublica, and the mere private individual: the latter may defend his person and his property, but he may not avenge the wrong nor retake his goods after they have been out of his hands for a considerable time, "intervalle temporis"; the Respublica possesses authority to defend itself and its members, and in addition to avenge wrongs. In this connection he recognizes that a prince's authority is like that of the State: "The prince," says he, "is the issue of the election made by the Respublica." He examines a little more closely the ideas of Respublica and prince. "The State, properly so called," he writes, "is a perfect community, that is to say, a community which forms a whole in itself, which, in other words, is not a part of another community, but which possesses its own laws, its own council, and its own magistrates." As examples, he names Castille and Aragon and Venice. He adds that the fact that several principalities and perfect States are under the same prince is immaterial; in such a case, furthermore, each of these principalities and perfect States has the right to make war, a right without which they would be incomplete and consequently imperfect. However, as the Law of Nations and human law have a great influence here, custom may give the power and authority to make war, even when the Respublica is not perfect. Necessity itself may confer the right to make war; such would be the case if, within a kingdom, one city were to attack another, or one noble were to attack another, without intervention on the part of the king in the interests of order. Franciscus de Victoria enumerates some grounds which would not justify recourse to arms. He states that diversity of religion is not a sufficient reason for making war; he teaches that neither the desire to aggrandize a realm, nor the glory or interest of the prince, can justify hostilities. "The lawful king," says he, "differs from a tyrant in that a tyrant organizes the government for his own profit, whilst the king has the public good alone in view." The conclusion is that there is only one just cause of war -- that is, the injury suffered. Not every kind of injury suffices; serious and atrocious ills, such as death, burning, devastation, must have been inflicted; slight injuries will not justify recourse to arms. "What may be done in a just war?" asks the author. "Everything that is necessary for the defense of the public weal," is his answer. He concludes that it is lawful particularly to recover lost property, and its value, and to seize the enemy's goods as indemnification; he cites the case of a private person appealing to a judge and obtaining from him not only the restitution of the objects which had been carried off, but also the expenses incurred and the damage sustained; the prince who makes a just war is really acting as a judge. It is lawful to go even further to bring about peace and security; we may destroy the enemy's fortresses and at the same time construct others within his territory. "The aim of war," he repeats, "is peace and security; he who is waging a just war may do everything that is needful to obtain peace and security, which rank among the assets of humanity. In the same way that self-defense against internal foes and bad citizens is allowed, so may measures be taken against external foes, and a conqueror may require the conquered to give hostages and to surrender his arms and ships." The author goes still further; he grants that after victory has been won the victor may exact vengeance for the wrong done to him and may punish his enemy. In order to show the truth of his proposition, he asserts that a prince possesses, not only over his subjects, but also over foreigners, the authority necessary to compel them to refrain from injurious acts; he invokes the Law of Nations and natural law which require the existence of an authority able to prevent the good and innocent from being harmed with impunity. He returns on several occasions to an idea which was frequently developed in the Middle Ages and which Grotius repeats, in his De jure praedae commentarius, citing these very Relectiones theological, and that is that when a political community commits a wrong it becomes the subject of the other political community; the conqueror becomes the judge of the conquered and thus the subsequent measures are justified; for otherwise it is impossible to find a justification for war, political communities having otherwise no authority one over the other." The infliction of useless injuries in war must be guarded against. Innocent folk must not be attacked if the object of the war can be attained without harming them; laborers should not be despoiled if victory can be obtained without inflicting losses on them. Children and innocent folk may not lawfully be killed; but may they conformably with law be led off into captivity? The author admits that the children and women of the Saracens are led into captivity and into slavery; as regards Christians, he observes that it has been conceded that prisoners of war do not become slaves and he concludes that even if the captivity of the children and women is indispensable to the attainment of the object of the war, they may not, however, be reduced to slavery, but must be offered for ransom: on this point also he recommends moderation. "In the midst of a battle during both an attack and a defense." says Franciscus de Victoria, "it is lawful to kill all combatants, but when victory has been obtained and the danger is over, may all those who have carried arms be put to death?" His answer is that the nature of the wrong suffered and of the hurt sustained must be taken into account; all atrocity and inhumanity should be abstained from; he adds that if, strictly speaking, prisoners of war who have borne arms may be put to death, nevertheless the custom and usage of war, consuetudo et usus belli, are such that after victory has been won prisoners of war are spared, unless they be deserters. The author develops several propositions on the subject of booty. He supports the opinion of Silvester de Prierio, according to which one should content oneself with what is a sufficient and just reparation for the injury sustained. "If," says Franciscus de Victoria, "the French have sacked some unimportant town or place, the Spanish would have no right, even if they could, to ravage the whole of France." He declares himself against the pillaging and burning of towns; he admits that necessity may excuse cruel measures, but he lays emphasis on the barbarous acts committed on like occasions by the bloodthirsty. A question arises in connection with what in our days is called military occupation. Is it lawful to occupy and to hold as long as may be necessary a field, citadels, or a town belonging to the enemy? Franciscus de Victoria answers affirmatively, but requires that the object be to obtain an indemnity, to guarantee security, to avenge a wrong, or to inflict punishment. He holds that necessity and the reason of war, necessitas et ratio belli, may justify the measures taken. He requires moderation and insists that at the end of the war the conqueror should retain only what will compensate for damage sustained and expenses incurred; he repeats the idea already enunciated: "Superior judex potest commode mulctare authorem injuriae, tollendo scilicet ab eo civitatem, aut arcem. Ergo et princeps, qui laesus est, hoc poterit, quia jure belli factus est tanquam judex." There is another question, namely, whether tribute may be exacted from the vanquished. The author answers this question in the affirmative. It is lawful because it is a question both of recovering damages for an injury and of inflicting punishment. Still another question: May we depose the princes of the enemy and set up others in their stead; may we arrogate the sovereignty to ourselves? According to Franciscus de Victoria the following maxim ought to prevail here, namely, that the punishment should never exceed the measure of the wrong which it purports to avenge. Franciscus de Victoria ends by formulating three rules which may be stated as follows: In the first place, the prince may not seek occasions for war, he ought to try to keep at peace with all men; if he makes war, it should be in spite of himself. In the second place, when war has broken out for just causes, the belligerent may not aim at the destruction of the enemy people; he may only have in view the defense of his own country in such a way as to attain peace and security. In the third place, when victory has been attained it must be used with Christian moderation; the conqueror should consider himself a judge pronouncing judgment concerning two States, one of which has sustained a wrong and the other has done a wrong; he should endeavor to see how satisfaction may be given while inflicting the least harm possible on the guilty political community, since among Christians the fault is generally imputable to the princes themselves and since it would be unjust to punish the subjects who are fighting for their princes and to admit the maxim which the poet formulates, that the Greeks ought to bear the consequences of the follies of their kings: Quidquid delirant reges, plectuntur Achivi. V. In a study such as we have undertaken we must of necessity limit ourselves to the most important questions and must consequently neglect a series of special points which would nevertheless have been of interest. We have referred to the exquisiteness of form that Franciscus de Victoria was able to give to a work which he himself did not destine for publicity and which in his lifetime was not printed. We have noted the limpid clearness of his Latinity. We have attempted to give an idea of the substance of his doctrine and of the force of his reasoning. We will not emphasize the sentiment of humanity and charity which predominates in all his pages. A great deal of labor might be expended upon the authors quoted by the illustrious professor and thus it might be ascertained how vast were his studies and how profound a knowledge of the literature of his subject he had accumulated. It is superfluous to say that the Old and the New Testament, and the Fathers of the Church -- especially St. Augustine -- are cited and that frequent quotations are made from Aristotle. Among the theologians and canonists whose opinions are mentioned figure almost all the known authors of the middle ages: Gratian and his Decretum; Saint Thomas Aquinas and his Summa totius theologiae; the commentators on the canon law; the commentators on Roman law, Bartolus at their head; then come writers less generally known, such as Altissiodorensis (who is William of Auxerre) and that other doctor of the thirteenth century, William of Paris. Furthermore, Richard Fitzralph, Archbishop of Armagh; John Wycliffe, William Ockham, and Jean de Jandun. Mention must also be made of Juan de Torquemada. A single detail shows the care and exactitude employed by the professor of Salamanca: he is referring to Juan de Torquemada and recalling that he wrote in favor of the Papacy when the bishops of the Council of Basel in 1431 affirmed the supremacy of the ecumenical council over the Pope. "Contra quos," says he, "Cardinal de Turrecremata fecit opusculum, quod vocavit 'De decreto irritante,' in quo contrariam sententiam contendebat ostendere. Sed illum librum ego invenire non potui." Also among the authors cited are Cajetan, whom we have already mentioned, and Silvester Mazzolini. Franciscus de Victoria quotes principally their Summa poenitentia. Both belonged to the Older of Dominicans. Cajetan, as we have said, was born at Gaëta, whence his name. From 1508 to 1518 he was master-general of the Order of Dominicans. In 1517 Leo X included him in his famous creation of thirty-one cardinals. He died in 1534 and was accorded the reputation of the greatest theologian of his century. Silvester Mazzolini, born at Prierio in Piedmont, also a Dominican, was named by Leo X Master of the Sacred Palace. He died in 1523. It has been said of him that "he was a scholastic by race and a rigid disciple of St. Thomas." Franciscus de Victoria quoted also as an authority St. Antoninus, Archbishop of Florence from 1446 to 1459. who is especially known by his Confessionale. It would also be interesting to refer to the citations of the Relectiones theologicae made by the great writers on the Law of Nations. To pass them all in review would be an arduous task; but some details are interesting. High homage was paid to Franciscus de Victoria when numerous pages of his Relectiones were reproduced in the editions of the Siete partidas, as commented on by Gregory Lopez de Tavar. Another tribute, equally great, was paid by Alberico Gentili. The illustrious Oxford professor did not measure his praises. In his De jure belli libri ires he is pleased to quote the opinions of the Spanish theologian and on one occasion, he writes, "testatur doctissimus a Victoria." We have mentioned that Grotius cites Franciscus de Victoria in the Prolegomena to his great work, De jure belli ac pacis libri tres, which appeared in 1625; as we have elsewhere seen, he also cited him in the Mare liberum, which appeared in 1609 and which is in reality a chapter extracted from a work composed in 1604, De jure praedae commentarius. This remained in manuscript until 1868 and was then printed for the first time. In this last work the author often mentions the learned professor of Salamanca, especially on the subject of the characteristics of a political community, which must have its own council and authority. In 1633 appeared the Monarchia Messiae of Thomas Campanella; this latter mentions the opinion of Franciscus de Victoria concerning the rights of the King of Spain over the New World; but, haughty ultramontane that he was, he attributes the legality of that title to the division made by the Pope between the sovereigns of Spain and of Portugal, a division emanating, according to him, from one who was both lord and judge. For Campanella the Pope is "the vicar of the Judge of the quick and the dead and of earthly princes and kings, the vicar of the King of kings, and of the Lord of lords." In 1635 John Selden's Mare clausum was printed. Franciscus de Victoria is cited; but Selden combats his opinion. We have mentioned the influence exercised in Spain itself by Franciscus de Victoria, who in a way revivified the teaching of theology. He was in reality the founder of that celebrated school of Salamanca, which may be said to have taken its inspiration from the Order of Friars Preachers and which included the greatest of their names. "It is a truly extraordinary thing," writes a historian, "this assemblage of Doctors, of whom we do not know which to admire most. Spain had never before given so many incomparable Masters to the Order of St. Dominic, and never has since." The influence of the author of the Relectiones theologicae continued, thanks to his disciples. A man of great worth, Hermann Conring, has done justice to him. He was born at Norden in Frisia in 1606 and was called to teach in the University of Helmstaedt; he died in 1681. Alphonse Rivier passes the following judgment upon him: "A universally learned man, theologian, physician, jurisconsult, Germanist and Romanist, publicist, diplomat, philosopher, a great wit, a small character." In his Examen rerum publicarum potiorum totius orbis, Hermann Conring devotes an important chapter to Spain. He speaks there especially of the development of scholastic theology brought about by the writers of this country and he observes that no country of Europe has produced more subtle writers. He invokes the testimony of Domingo Bannès, a member of the Order of Friars Preachers, and professor of theology at Alcala, at Valladolid, and at Salamanca, who attributes to Franciscus de Victoria the merit of having started this powerful movement. "He acquired his learning in Paris," said Bannès, "but he far surpassed his masters." Conring tells us that Bannès traces the cause of the progress effected by the Spanish in scholastic theology to the sad gravity which, according to him, distinguishes them, and he supports his opinion. He pays a magnificent tribute to Franciscus de Victoria. "There is," he writes, "a work of his entitled Relectiones, which may be extraordinarily useful, not only for theologians, but also for jurisconsults, because it discusses moral topics with the greatest care and subtlety, wherefore I always read it with admiration." The professor of Helmstaedt insists on the fact that Franciscus de Victoria was the very first to raise moral problems in juridic questions; he adds that the Spanish have continued to study theology and philosophy in this way and that similar works are vainly sought amongst the French or Dutch or Germans, whose genius is not suited to this study. "Often," he adds, "I am surprised that Hugo Grotius was able to make progress in this kind of work so much greater than that ordinarily made by the other authors. But his genius was curious. However, if he excelled in philosophy and produced the incomparable book, De jure belli ac pacis, he owed it to his reading of the Spanish jurisconsults, Ferdinand Vasquez and Diego Covarruvias, who had in their turn made use of the work of their master, Franciscus de Victoria. He cites them frequently. Spanish legal science differed much from French legal science. In France we can praise only Cujas, Hotman, Bauduin, and others who have given their works a literary finish, but in Spain natural law is much better cultivated; there is indeed no other place where it is so happily taught. And all this Spain owes to Franciscus de Victoria. The same consideration applies to philosophy; it is moral philosophy that is most studied in that country. Let him who aspires to the most exact knowledge of moral philosophy procure Spanish authors. Compared with the Spanish, the Germans and the French are naught. It is for the reason pointed out by us that the Spanish have been so successful in the cultivation of metaphysics; here, too, a predisposition to sadness and seriousness is requisite. In physics they are veritable children, because the study of physics is a gay affair; accordingly they cultivate only the saddest side of it, that is to say, medicine, and they neglect the agreeable side. For the same reason the study of the humanities languishes in Spain. Among its numerous writers scarcely one can be praised for the cultivation of belles-lettres. Mariana and Barclay have both noted this fact. Among theologians may be mentioned the Ciceronian, Melchior Cano. When, on the initiative of the Jesuits, Philip IV founded a royal academy at Madrid, there was not found in Spain -- not even among the Jesuits -- a single writer who was skilled in belles-lettres. In this country there is only one modern historian, Mariana." The authors on international law of the nineteenth century have not failed to pay homage to Franciscus de Victoria. In his History of the Law of Nations in Europe and America, Henry Wheaton mentions him in an exceedingly laudatory manner and devotes seven pages to an analysis of the two Relectiones that relate to the Law of Nations. Another great author, James Lorimer, a legal philosopher and a jurist, has praised the Spanish writers of the sixteenth century in general, and Franciscus de Victoria in particular. "From these few observations," he writes, "you will have no difficulty in perceiving the extreme injustice of the manner in which, down to our own time, it has been customary to speak of the scholastic jurists. Learned as Barbeyrac was, the few perfunctory sentences which he devotes to them in his celebrated preface to Pufendorf -- which he adopts in his preface to Grotius, as serving for both works -- are no exception. The fact is, that ever since the Reformation the prejudices of Protestants against Roman Catholics have been so vehement as to deprive them of the power of forming a dispassionate opinion of their works, even if they had been acquainted with them, which they rarely were." The eminent Oxford professor, Thomas Erskine Holland, has also paid homage to the celebrated Spanish writer in one of the introductory lectures of his course, a lecture which is reprinted in the remarkable Studies in International Law, published in 1898. Another English author, Thomas Alfred Walker, in his History of the Law of Nations, which appeared in 1899, has given several pages of analysis to the Relectiones theologicae. Finally, in a collection edited by the learned Antoine Pillet, a French professor, Joseph Barthélemy has contributed an elaborate study of the life and work of Franciscus de Victoria. Here our work may end. We have tried to relate the life and activity of one of the great precursors of Hugo Grotius. Because of the vigor of his reasoning, the nobility of his sentiments, and his profound love of mankind, Franciscus de Victoria is still in our day an imposing personality. He was modest, simple, good; a sturdy defender of truth and of justice. Whoever reads his writings esteems their author, and that is why I venture to bring to his illustrious name my tribute of admiration. ERNEST NYS. British Museum, August 20, 1913. 1. ALPHONSE RIVIER, Principes du droit des gens (Paris, 1896), vol. I, p. 5. 2. H. R. FEUGUERAY, Essai sur les doctrines politiques de St. Thomas d' Aquin, précédé d'une notice sur la vie et les ecrits de l'auteur par M. BUCHEZ (Paris, 1857), p. 8. 3. TH. DE CAUZONS, Histoire de l'Inquisition en France, vol. I (Paris, 1909), p. 429. 4. CHARLES THUROT, De l'organisation de l'enseignement dans l'Université de Paris au moyen âge (Paris, 1850), p. 115. 5. D. A. MORTIER, of the Friars Preachers, Histoire des maîtres généraux de l'Ordre des Frères Prêcheurs, vol. I (Paris, 1903), p. 63. 6. THOMAS ERSKINE HOLLAND, Studies in international law (Oxford, 1898), p. 44. 7. VICTOR LE CLERC, Discours sur l'état des lettres au quatorzième siècle. Dans Histoire littéraire de la France au quatorzième siècle (Paris, 1865), vol. I, p. 101. 8. EDUARDO DE HINOJOSA, Estudios sobre la historia del derecho español (Madrid, 1903), p. 235 9. LOUIS DELARUELLE, Guillaume Budé: Les origines, les débuts, les tace, maîtresses (Paris, 1907), p. 54. 10. CHARLES WADDINGTON, Ramus (Pierre de la Ramée): Savie, ses écrits et ses opinions (Paris, 1855), p. 23. 11. CHARLES WADDINGTON, op. cit., p. 24. 12. D. A. MORTIER, of the Friars Preachers, Histoire des maîtres généraux de l'Ordre des Frères Prêcheurs, vol. V (Paris, 1911), p. 379-380. 13. D. A. MORTIER, op. cit., vol. V (Paris, 1911), p. 380. 14. EDUARDO DE HINOJOSA, op. cit., p 245. 15. Ibidem, p. 195. 16. Ibidem. 17. ALBERT DESJARDINS, Le pouvoir civil au Concile de Trente. In Revue critique de législation et de jurisprudence, vol. xxxiv (Paris, 1869), p. 3. 18. Histoire du Concile de Trente, written in Italian by PAOLO SARPI, of the Order of Servites, translated by PIERRE FRANÇOIS LE COURAYER, doctor in theology of Oxford (London, 1736), vol. I, p. 167. 19. lbid., vol. II, p. 313. 20. ALBERT DESJARDINS, article cited, p. 221. 21. EDUARDO DE HINOJOSA, op. cit., p. 201. 22. E. S. MARSEILLE, Erasme et Luther: Leur discussion sur le libre arbitre et la grâce (Montauban, 1897), p. 14 et seq. 23. Ibid., p. 35. 24. MARCELINO MENENDEZ PELAYO, Historia de los heterodoxos españoles (Madrid, 1880), vol. II, p. 61. 25. lbid., p. 65 et seq. 26. H. DURAND DE LAUR, Erasme, précurseur et initiateur de l'esprit moderne (Paris, 1872), vol. I, p. 492. 27. Ibid., vol. I, p. 507. 28. Histoire critique de l'inquisition d'Espagne despuis l'époque de son établissement par Ferdinand V jusqu' au règne de Ferdinand VII, tirée des pièces originales des archives du Conseil de la Suprême et de celles del tribunaux subalternes du Saint Office, by D. JEAN-ANTOINE LLORENTE, sometime secretary of the Inquisition, translated by ALFRED PELLIER (Paris, 1817), vol I, p. 461. 29. H. HARRISSE, Excerpta Colombiniana (Paris, 1887), p. 25 et seq. 30. NICOLAUS CLENARDUS, Epistolarum libri duo (Antwerp, 1556). 31. JOANNES VASAEUS, Rerum Hispanicarum chronicon, Chap. VI: Rerum Hispanicarum scriptores aliquot (Frankfort, 1579), vol. I, p. 437 et seq. 32. VICENTE DE LA FUENTE, Palacios Rubios: Su importancia jurídica, política y literaria. In Revista general de legislación y jurisprudencia, vol. XXXVI (Madrid, 1870), p. 242. 33. GEORGES SCELLE, La traite négrière aux Indes de Castille; contrats et traités d'assiento (Preface by Mr. A. PILLET) (Paris, 1906), vol. I, p. 121. 34. ALEXANDER VON HUMBOLDT, Examen critique de l'histoire de la géographie du nouveau continent et des progrès de l'astronomie nautique aux XVème et XVIème siècles, vol. III (Paris, 1837), p. 281. 35. Ibid., vol. III (Paris, 1837), p. 293-294. 36. Histoire véridique de la conquête de la Novelle-Espagne, written by the captain, BERNAL DIAZ DEL CASTILLO, one of the conquistadores; translation by D. JOURDANET (Paris, 1877), p. 121. 37. EDWARD JOHN PAYNE, History of the New World called America, vol. I (Oxford, 1892), preface, p. vii. 38. EDWARD JOHN PAYNE, op. cit., vol. II (Oxford, 1899), p. 17. 39. H. GROTIUS, De jure praedae commentarius, ex auctoris codice descripsit et vulgavit H. G. HAMAKER (The Hague, 1868), p. 29. 40. D. A. MORTIER, op. cit., vol. V (Paris, 1911). p. 385. 41. HERMANN CONRING, Opera (Brunswick, 1730), vol. IV: Examen rerum publicarum potiorum totius orbis, chap. 1 (De republica Hispanica), p. 77. 42. JAMES LORIMER, The institutes of the law of nations, vol. I (1883), p. 71. 43. Les fondateurs du droit international, leurs oeuvres, leurs doctrines, with an introduction by A. PILLET (Paris, 1904), p. 1 et seq. ____________ DE INDIS ET DE IVRE BELLI RELECTIONES BEING PARTS OF RELECTIONES THEOLOGICAE XII BY FRANCISCUS DE VICTORIA Primary Professor of Sacred Theology in the University of Salamanca. THE TRANSLATION BY JOHN PAWLEY BATE, LL.D. Reader of Roman and International Law in the Inns of Court, London. TRANSLATOR'S NOTE ON CITATIONS. 1. Bible. -- The references made in the original to the Vulgate are given in the translation in terms of the English Authorized Version of the reign of James I. 2. Canon law books. -- The references in the translation are given in the following abbreviated manner: (a) Decretum, pt. i, by number of Canon and number of Distinctio, e. g., can. 6, Dist. 96: (b) Decretum, pt. ii, by number of Canon, number of Causa, number of Quaestio, e. g., can. 41, C. 7, qu. 1: (c) Decretales, by X (for extra Decretum) then number of book, title and chapter, thus X, 5, 6, 6: (d) Liber Sextus, by the number of book, title and chapter, followed by "in VI," thus 5, 2, 19 in VI. 3. Civil law books. -- The references in the translation are to Mommsen's edition of the Corpus Juris Civilis. In addition to the above-named books the author cites or refers to the writings of the following: Adrian VI, Pope. Almain, Jacques. Altissiodorensis (i. e., of Auxerre), Gulielmus. Ambrose, St. Anconitanus (i. e., of Ancona), Agosrino Trionfi. Andreæ, Joannes. Angelus of Chiavasso. Antoninus, St., Archbishop of Florence. Aquinas, St. Thomas. Archbishop, the, see Antoninus Aristotle. Armachanus (i. e., of Armagh), see Fitzralph, Richard. Augustine, St. Baptista de Salis. Bartolus. Bernard, St. Cajetan, Cardinal (Thomas de Vio). Cicero. Conrad. Dionysius Areopagiticus. Durandus. Eymerici, Nicholas. Fitzralph, Richard, Archbishop of Armagh. Gandavensis (i. e., of Ghent), Henricus Gerson. Hostiensis (Henry of Susa, Cardinal. Bishop of Ostia). Hugo, see de Sancto Victore. Lombard, Peter. Luther, Martin. Natalis, Herveus. Ovid. Paludanus, Petrus. Panormitanus (i. e., of Palermo), Nicolo Tudeschi. Parisiensis (i. e., of Paris), Gulielmus. Sallust. de Sancto Victore, Hugo. Scotus, Duns. Sylvester of Prierio Terence. Tertullian. de Torquemada (Turrecremata), Juan. Vergil. Waldensis (i. e., of WaIden, Essex), Thomas Netter. (The Title-Page of the Edition of 1696) THE RELECTIONES IN MORAL THEOLOGY OF THE VERY CELEBRATED SPANISH THEOLOGIAN, FRANCISCUS DE VICTORIA, comprised in two volumes, in the order shown overleaf, Formerly published at Ingolstadt, and now, because of the lack of copies and the nobility of their contents, revised and furnished with a twofold index by the toil of JOHANN GEORG SIMON, J. U. D., Counsellor and Professor of Halle. "A work of the utmost utility alike to jurisconsults and to theologians." [Conring] COLOGNE AND FRANKFORT, At the cost of AUGUST BOETIUS. 1696. (Overleaf of the Edition of 1696) VOLUME I. I. On the Power of the Church, part 1. II. On the Power of the Church, part 2. III. On Civil Power. IV. On the Power of the Pope and Council. V. Part 1, or on the Indians lately discovered. VI. Part 2, or on the Law of War. VII. On Marriage. VOLUME II. VIII. On the Increase of Charity. IX. On Temperance. X. On Homicide. XI. On Simony. XII. On the Magic Art. XIII. On the Obligations of a man attaining the use of reason. [Of the above, only Relectiones V and VI are pertinent to the objects of this work and the others are therefore not included.] TO THE CHRISTIAN READER, GREETING: It having been decided to reprint here, at Ingolstadt, these thirteen Relectiones of Franciscus de Victoria, who was by far the most learned theologian of the highly flourishing University of Salamanca within the memory of our fathers, I undertook the task of correcting them at the instance of certain doctors, who, on account of the celebrity of his reputation, were glowing with fervent admiration of so great a man. Now in this business so entrusted to me, I see that there are a few items concerning which it is worth while that you have an accurate account: these are, the amount of labor and toil expended by me in correcting and preparing the publication; the character and greatness of the man who composed these Relectiones; and the amount of advantage and profit which the perusal of them will bring even to Germans, who seem to be somewhat strange to the gymnastic and scholastic form of discussion therein employed. Well, reader, you will scarcely believe how much labor we have expended on this business, unless either you make a careful comparison of this edition of ours with the Lyons and Salamanca editions or realize in some fashion by our description the character of each of these editions. For I had at first the use of the Lyons edition only, in clearing the blunders from a good part of the first volume, and the printer had already finished striking off the first five sheets of it, when, beyond my hope and belief (for I did not think such a thing existed here), a copy of the much more correct Salamanca edition came into my hands in the manner following: The Reverend Father Gregorius Rosephius, a preacher of Augsburg, when on a visit to us, had perceived the extremely wearisome nature of the task, which I had undertaken in correcting the Lyons copy (I seemed indeed to be cleansing the Augean stable), and had noticed that some of the passages pointed out by me were hopelessly corrupt, and by his courteous intervention with the well-born gentleman, Marcus Fugger (on whom the desire of the public welfare had such a hold), he procured me the loan, from the well-known library of the Fugger family, of a copy of the Salamanca edition. How faulty and corrupt the Lyons copy was, I would rather that you, my reader, should learn from the Letter to the Reader, which Brother Alonso Muñoz placed at the beginning of the Salamanca copy, than from me. A part of that Letter it has seemed advisable to insert in this, because it, too, contains the praises of the author, and because some of the disciples of that most erudite man are mentioned by name there. "When, honest reader, I was busy at Salamanca, trying to help Brother Domingo Soto with the correction of the proof of the fourth volume of the Sententiae, then in the press, there appeared a little book with a most imposing title, but containing countless horrible misprints, absurdities which were disgraceful and insulting to the author as well as to the whole theological school. It made one aghast to behold in the tiny body of so small a book so unbelievable an off-scouring of close-packed blunders, and ashamed and sorrowful that rascals should seem to have such license towards the master-pieces of most distinguished men, and with impunity, too. This was the title of the book: "The Relectiones of the Reverend Father, Brother Franciscus de Victoria, of the Order of Preachers, formerly Primary Professor of Sacred Theology in the University of Salamanca." You observe how fair and full of promise the inscription is; and indeed for this, in Pliny's words, its bail could be forfeited. "When, then, at Salamanca I came across this very book, newly issued from the press, I began to read it with the utmost avidity, and I had barely cast my eyes upon the first page that presented itself, when, lo, there lighted on my very eyes some impious error on the topic of Simony, which stirred my spleen marvellously. I made no tarrying, however, the matter being one which could easily be detected by anyone of even moderate learning; I go on, and the farther I went, the more mistakes I kept finding, and even some mutilations. Perceiving that the thing was by no means to be borne, I laid it before the very Reverend Fathers, Brother Domingo Soto and Brother Melchior Cano, who prompted me to take on myself my present charge, namely, the correction of that book according to the most exact copies. Master Franciscus Sanctius, Canon of the Cathedral of Salamanca and Moderator of the chair of Moral Philosophy in the gymnasium likewise of Salamanca and therefore administer of the Holy Inquisition in the business of examining books for admission or rejection, learnt of this. He came to Brother Domingo Soto to discuss the matter with him, and at the suggestion of the same Franciscus I was summoned and received afresh from the twain the injunction "to adorn this Sparta." "Now, although I was aware how unpleasant a business it was, how hard and wearisome the affair, how inglorious the labor of correcting and restoring the monuments of others, especially those so ulcerous, so altogether deranged, so piteously (I had almost said) and hostilely regarded, as these were, yet, moved by the authority of my preceptors as well as induced by love of a very fine work and of its author, Victoria, who was also my dearest of teachers, I put my shoulders under a burden which I have loved." And then at the dose of the same letter Muñoz adds this paragraph: "Enjoy, then, in your good fortune the fruits of our vigils and toil, whereby it has come to pass (without boasting) that instead of the muddy work, not to say the mud, of yore, you have something clean and clear, and gilded and resplendent all over, as you will easily discover by experiment, if, wherever the book be opened, you will make a comparison and will consider the difference between this book, which we are handing to you, and the book which we have corrected, namely, the one which Jacques Boyer struck off at Lyons in the year of our Lord 1557. Before it none was printed, and after it no other printers have ventured to reprint it, fearing (howsoever small it is) this our diligence, of which they are not unaware." From this, my leader, you will perceive, without any words of ours, how faulty and corrupt was the Lyons edition, and how much more correct is that of Salamanca (of the year 1565, to wit). But I do not know by what ill-chance it has happened that into this Salamanca edition, so clean, so clear, so gilded, have crept blunders and faults neither few nor trivial. It labors at times under the same faults as the Lyons edition; sometimes under faults of its own, which needs must be corrected either by reference to the Lyons edition or in some other way. What, then, my reader, was I to do, there being so many faults even in the Salamanca copy, in which I had placed my hopes of correcting the other copy? Was I to make a transcript of the whole of the Salamanca copy (for the well-born man who had loaned it to us had stipulated that it was not to be entrusted to any printer or have any marks made on it) and send the transcript to the printer to be printed? But I had no leisure for that, and if I had had, it would not have helped towards a correct edition of the work because of the faults and blunders, which, we have said, had crept into the edition in question. Was I to correct the whole of the Lyons text, just as I had corrected it in part, before I had that of Salamanca, and so corrected give it to the printer? That, too, was impracticable, because the former was blemished by many more and graver faults than the latter, and because, unless we corrected the former by the Salamanca text, we should seem to have borrowed the last-named to no purpose. Accordingly I settled the matter as follows. From the place where the printer had stopped printing (he happened to have stopped after the fifth sheet, usually marked by the letter E) I and a wise colleague, whom I had joined with me, made a very careful collation of the two texts, and to the best of our ability, corrected that of Lyons, which was to be sent to the printer, by that of Salamanca, wherever the latter had no obvious error. But wherever a serious and manifest fault occurred in the Salamanca text (for I thought that I could rely on my own judgment in the removal of the more trifling blunders) I took counsel with the most skilful theologians and philosophers, in order that the fault might be corrected by the common judgment of many, after considering in the two copies all the words and opinions of the author, which seemed to conduce to an understanding of his mind. It happened sometimes that all of us together could hardly find a principle or method for the restoration of some corrupt passage. Let any incredulous person take the two editions and read just one passage in the "Relectio on the Increase of Charity," about No. 10, and if he can extract therefrom the sure meaning of the author while retaining the identical words, then he may indeed charge us with falsehood or ignorance. When, then, on this principle we had collated the two editions right to the end, we carefully corrected by the Salamanca text the five sheets also, which, we have said, had been struck off, in order that nothing might be wanting for the absolute and complete expurgation of the entire work. As we could not remove from these sheets themselves the errors which occurred in them, we noted them at the end among the rest of the Errata. This indeed was a big and tedious task, but bigger and more tedious was that which we undertook, in regard of the whole work now emended according to the Salamanca text, of simply correcting, repurging, and illustrating it with scholia throughout. This was the more toilsome and difficult in proportion as the two editions were more corrupt and as the author -- owing to the strength of his very acute intelligence, which, according to the wont of highly learned men, he directs upon the matters before him -- seems less careful of his words, less mindful of order or of the things initially propounded for discussion. Hence it happens that sometimes he might appear to use an overconcise and scholastic mode of discourse; sometimes, to omit answering arguments which have been propounded; sometimes, to give one answer to many things at the same time; sometimes, when discussing a mooted question or refuting an argument, to insert questions and doubts which he meets upon his way; sometimes, to omit altogether some of the questions to be discussed, which he has propounded at the beginning of the relectio (as is evident in the "Relectio on Marriage" and the "Relectio on Temperance"). Nor did our labor stop here, but in the third place we had to go over the whole work after it was in type, both to make a complete alphabetical index and to correct the misprints. While attempting to accomplish this latter task, we bestowed equal diligence upon the former, so that we have left in this edition of ours a text much more correct than had previously been published, by the removal of a large number of faults and blunders, which either had come in afterwards or had not previously presented themselves. Of these, a few indeed, but the more important, however, we have noted down among the Errata at the end of the book. From this, my reader, you will understand that not all the errors noted at the end of the book are due to either the carelessness or ignorance of the printer, but they may have crept in (especially in the first five sheets, because we did not have the Salamanca copy) either because of the corrupt state of both the editions which we used or even because of our own inability to make an exhaustive scrutiny and examination. We have, however, left untouched not a few passages, which seemed susceptible of emendation, had we labored on them, because they ran in that way in both editions or at any rate in the Salamanca edition and in order that no one might charge us with excessive freedom in the correction of another's work. About the author of these Relectiones, I have ascertained this much: that he lived in the reign of the Emperor Charles V, King of Spain; that he belonged to the Order of St. Dominic; that he was a shining light and ornament of that Order; that he flourished especially in the praise accorded to a very acute intelligence, to judgment, and to sound doctrine, and in the number and glory of his most learned disciples (some of whom are very well-known because of their published books, such as Melchior Cano and Domingo Soto); further, that his universal authority was so great and his name so outstanding that he seemed to his hearers a second Pythagoras: that he was reckoned by the most learned theologians and philosophers to be the alpha and prince of the theologians and philosophers of his day, and that (I) *the Catholic Sovereigns of Spain brought to him cases affecting their conscience (such as (a) that of the conquered provinces of the New World, and (b) that of the divorced wife of the King of England, both of which are discussed in this book), desiring instruction on these matters from him especially, with the result that he himself, relying on this very authority, of which he was not unaware, gave the freest judgment, just as the principles of his conscience demanded, in the causes of Sovereigns and even (II) of the Supreme Pontiff. When I carefully consider this, I am wont to doubt which of the two is the more praiseworthy: in this man, a certain freedom of speech, buttressed by his authority and surpassing erudition, or, in the Sovereigns of Spain and even in the Supreme Pontiff, a singular moderation of mind and a desire to learn and uphold justice and truth. Hence it comes about that with equanimity, aye, pleasure, they silently allow themselves to be chided by this learned man and to be rebuked (when the principle of the doctrines which he had to deliver so requires).* For those extremely wise Sovereigns bear in mind what another Sovereign has left in writing: "The righteous shall rebuke me in compassion and shall upbraid me; but the oil of the sinner shall not fatten my head." Wherefore it is an injustice for the heretics of our day to ridicule the monastic orders everywhere on the ground that they are rude and unlearned and flatterers alike of Popes and princes. Surely, if these heretics be compared with our Franciscus de Victoria, they will neither be worthy of the name of theologian nor found to say or write aught in conformity with truth, but in everything to fawn on princes. Now how great a debt the University of Salamanca, and therefore Spain, owes to this man, the aforenamed Alonso Muñoz, in a Letter to the Most Serene King Charles of Spain. testifies in the following words: "The whole of Spain owes much to this excellent man, for, while he has deserved well of it on many grounds, he has especially done so in respect of this. that whereas Theology among the Spaniards lay in confusion and covered with dust, or rather with mud, tattered and torn, dumb and almost tongueless, it was restored by his exertions alone to clarity, splendor, and its native beauty, to purity and dignity, comeliness, grace, and soundness, as if in virtue of a tardy postliminy. In witness of the truth of this are not merely the centuriae, but also the Iliads of his disciples, whom his school has poured out in all directions." Now, my reader, lest the word relectio be unfamiliar to you, you should realize that at Salamanca it meant a kind of theological exercise not very unlike those disputations which are known to have been in vogue in the days of our ancestors in the most celebrated universities under the name of quodlibeticae quaestiones. The seemingly more difficult of those quaestiones, which had been discussed in the daily prelections of a whole year, were also reconsidered in these relectiones in a public assembly of the most learned, and by the same doctor, so that they might be much more accurately decided than theretofore and receive as it were the finishing touches. And since our author was, beyond controversy, the prince of theologians of that time, especially among the Spaniards, you will perceive that whatever conclusions have been arrived at after discussion in these Relectiones have all been tested and weighed by the judgment of the most learned theologian, as if in the scales of the most skilful goldsmith, and that, therefore, they ought to adjudged much more solid and firm than the things superficially discussed by the heretics of today, men, forsooth, devoid of learning and judgment. Now, although these Relectiones may seem suited to the bent of Spaniards rather than of Germans, seeing that the former prefer to cultivate a gymnastic and concise manner of theologizing and the latter a sedate and rhetorical manner, yet if we look at both the manner of disputation and the fruits of the learning handed on in these Relectiones, it seems that they will bring much advantage and profit to Germans. For if we attentively consider that from the time when the waves of false opinions and heresies began here to buffet the ship of the Church, Theology has been denuded by almost everyone (fearing, perhaps, the insults directed by heretics against the philosophers and theologians of the School) of the protection and arms of the philosophical and theological school and been called back into a rhetorical, or rather, a grammatical mode of reasoning, and that for this reason either those who have thus approached sacred literature with unwashed hands have made no further advance in that pursuit than has been made by a clever grammarian or rhetorician or that, because they are ignorant and unaccustomed to the exercises of disputation and judgment, wrong opinions have either been begotten or defended, we shall, above all, be led into that opinion (into which Cicero testifies that he was led in a similar case) and come to think that theological doctrine is not of much good to the Christian Republic without eloquence, but that eloquence without doctrine brings very often over much hurt, never any good. And so if anyone (to use the words of that same Cicero with little alteration) omits those most befitting and unerring studies of theology and divine doctrine and spends all his energy upon the exercise of speech and writing, he is being bred to be useless to himself, a dangerous citizen of his country and a parricide of his Mother Church. He, however, who so arms himself with eloquence as to be incapable of fighting against the good of his country and the doctrine of the Church, but able to fight in their behalf, will in our view be a man of the highest usefulness alike to his own and his country's interests, the best-affected citizen, and the dearest son of his Mother Church. I have mentioned these matters, my reader, not because I think that, in their mode of transmitting theology, either this Franciscus de Victoria and the other Spaniards are deficient in grace or in faculty of speech or the Germans are devoid and destitute of solid doctrine (for I know both that this Victoria in his Relectiones is eloquent to the limit of his theme and that other Spaniards, especially when they are pleased to drop the scholastic habit of speech, can both speak and write with polish, and also that no small number of Germans have been perfectly trained in the doctrines of philosophy and theology, but because I think that German theologians will best consult their own country's interests, if they studiously conjoin the solid and scholastic kind of theologizing, such as is that of this Victoria and of the Spaniards in common, with that sedate and rhetorical kind, which they themselves generally adopt. Further, the fruits of these Relectiones are both abundant and manifold, and both they who are teachers of others and all other persons will be able to gather them. This indeed we can make plain by reference to the Relectiones one by one. In the first relectio it is shown that there are in the Church two distinct powers, the ecclesiastical and the civil, and that the former is stronger than the latter; accordingly, the false doctrine of the Lutherans and of those who equate the two powers or subordinate the ecclesiastical to the civil is overthrown. In the second relectio, which also bears the title "On the Power of the Church," two dogmas of the heretics are refuted; the one, that the strictly ecclesiastical and spiritual power is initially and of itself existent in the whole of the Church universal in the same way as the civil power is in the civil State; and the other, that all Christians are priests, and all equal, and that there is no order and are no certain grades in ecclesiastical power. In the third the necessity, origin, and force of the civil power and its authority are so established and confirmed that the pernicious dogma of Luther, which has brought destruction to an almost innumerable number of simple folk, falls to the ground of itself. The fourth relectio contains a very fine discussion "On the Power of the Pope and Council," which, though it may seem of less use to those engaged in strife with heretics or tainted with heretical practices, is nevertheless useful and fruitful even for them. For, while the scope of the general power alike of the Pope and of the Council is explained, at the same time the sovereignty of the power and authority of each, but in its own measure, is asserted. Now, if the authority of the Supreme Pontiff and Councils were established and were in the ascendency among the Germans, it would obviously result both that no sects would be propagated among them and that all heresies would be dispelled, not otherwise than darkness before the rays of the sun. The fifth relectio is entitled "Of the Indians" (that is, of the barbarians of the New World commonly called Indians). Now, although this appears to be the answer given by the author to the Catholic Sovereigns of Spain, it nevertheless contains many things useful and wholesome for everyone who is in a case the same as or like to that in which those Sovereigns were. Among these things are: how a person in doubt on any matter of conscience ought to take the advice of those who are learned and wise in that kind of matter; how he ought to follow what they have laid down, even if, as may happen, they are in error; and how many unlawful, how many lawful, titles there may be, by which those Sovereigns might claim to reduce foreign provinces and populations into their power. After a careful discussion and settlement of these points, the conscience of those concerned is openly taught what to abstain from doing in this business and what to do. In the sixth, "A Further Relectio on the Indians, or on the Law of War," much, and this useful, instruction is delivered, which ought to be observed by kings and princes, in order that they may make or wage war in a lawful manner, and by all other persons, in order that they may in lawful manner serve as soldiers under their own or a foreign prince. Meanwhile a refutation is given of that dogma of the heretics, that it is not lawful for Christian princes to fight either with other Christians or with the Turks. In the seventh, which seems to be the author's answer in the cause of the Queen of England who had been divorced by the King, her husband, a strenuous attack is made upon that false dogma of the Lutherans that all the degrees forbidden in Leviticus 18 and 20 are still forbidden by divine law. The heretics, further, get a shrewd knock, when it is convincingly shown in this relectio that matrimonial causes are rightly and properly brought before ecclesiastical judges. The eighth, in which the topic is "The Increase and Decrease of Charity," contains a discussion pertaining indeed rather to the school of theologians than to a public assembly or to other folk, yet one very helpful to these same theologians, both in the sharpening of their wits and in its harvest of very beautiful and genuinely theological matter. We may also add that here there is a condemnation of that conjecture of the heretics that all righteous persons are equals in charity and grace before God and that, as Luther asserts, the ever Blessed Virgin, the Mother of Christ, in no respect surpasses any woman from the midst of the people. The ninth contains a varied and interesting disputation "On Temperance," which will probably be pleasing to most folk here because of the controversy about the pleasures of the table. Those barbarians, the cannibals, are here condemned, and those who sacrifice men to God. There is also a defense or the Carthusians, who perpetually abstain from flesh, and of other religious, who seem to shorten their days by other forms of abstinence. We should have had in this relectio more numerous defenses against heretics, had not the author absolutely passed over one or another of the quaestiones propounded at the beginning. The tenth, in which there is a discussion "On Homicide," is of use in many ways; but more conclusions are arrived at in it than we can set out in summary form. The eleventh, containing a discussion "On Simony and the Punishment of Simoniacs," may seem to be not only useful, but even necessary here, where this stain is so inveterate and so wide-spread as scarcely to be reckoned a vice. Nor are the heretics free from this vice, though cut off from the body of the Church. Not less useful and necessary is the twelfth, in which there is a disputation "On Magic," seeing that we have often heard by sure report, nay, we assuredly know, that, after the new Gospel had been introduced by Martin Luther, it obtained such a hold especially in the regions of the North that, in proportion as the doctrine of Christ was gradually failing and dying away in the minds of men, so Magic was gradually gaining in strength, with the result that, when the former was quite extinct, the latter seemed to reign alone with her partner. Heresy. Nor are the Anabaptists and Calvinists altogether destitute and devoid of this Magic and of the Pythoness' breath, nay rather they breathe that breath in their words, writings, manners, face and eyes. In the last relectio a topic is treated which is most worthy of a Christian, namely, what are the obligations of everyone on first arriving at the use of reason. For what more befitting can be taught or learnt by a man, and especially by a Christian, than the condition or manner, in which he should turn himself to God as his ultimate end and highest good, for the enjoyment of which he has been created? It is now your part, Christian reader, to receive with gratitude and pleasure this work -- on the correction of which we have bestowed so much toil and time, which has been lucubrated by such and so great a man, and which contains doctrine so sure and solid, so useful and necessary -- and by reading it and meditating on it rouse your zeal for the knowledge of the highest things. It will be an abundant recompense to us, if by reading it you become both wiser and better. Farewell. At Ingolstadt, on the day of St. Lawrence, Martyr, in the year 1580. A POEM TO THE READER IN PRAISE OF THE WORK BY AN UNKNOWN AUTHOR. What a number of things, O reader, this book, small as it is, contains -- laws, Popes, and sacred theologians. ANOTHER EXTEMPORANEOUS POEM COMPRISING AS BRIEFLY AS POSSIBLE THE SUBJECTS OF BOTH VOLUMES. What are the powers of Holy Mother Church and of the Popes this book teaches; what is the power of the Fathers when duly assembled in their Great Council; at the same time, too, the civil laws and the laws of war (for even Mars is not lawless); and it treats of the lawful bed and marriage of men. This, Franciscus de Victoria, is the first part of thy work, and that is so far, too, the cost of our gratitude for thy deed. What a delight of piety and how fair a virtue it is to have abstained from good things and to impose a law on luxury, but how great an impiety to pollute the hand with human blood, and to take away a life, which, once lost, is irrecoverable either with gold or prayers or an abundant price! Alas, he must carry a hard flint in his breast, who goes against his own entrails with the dread sword. Nor does the pious Church sell for a price its prebends, but gives them free to well-deserving persons, and she drives off evil spirits, nor may any of her affairs prosper by magic arts, arts summoned from the one dungeon of the abyss. In the last threshold of the book, too, Victoria, worthy of eternal life, teaches the conduct which befits those who come to the true use of reason. Nor are slight thanks thine for so great a work, who art so ready to bring forth both from darkness and from rust the writings of so great a man, because, if God is propitious to the daring, thou shalt live eternally, and after paying the debt of death thou shalt live, and God will place thy soul, when freed from the body, in the ethereal heaven, and thou shalt appear among the gods. Only go on in thy well-deserving and spare not thy hard toil. 1. This preface, which Simon prefixes to his edition, is a copy of the preface to the edition which appeared at Ingolstadt in 1580, and is in the form of a letter "To the Christian Reader" from the editor, who describes himself as "one of the Doctors of Sacred Theology at Ingolstadt." The black figures in the inside margin of pages 115-187 indicate the corresponding pages of the Photographic Reproduction included in this edition. The pages of the Photographic Reproduction corresponding to pages 105-114 are unnumbered in the original. 2. Or some other "Augusta." -- TRANSL. * The part between these asterisks is marked as a quotation in the original. -- TRANSL. 3. Ps. 140 (Vulgate). 4. Such as were compiled by people like the Magdeburg centuriators (whom the writer would naturally dislike). -- TRANSL. 5. Reading Iliades for Yliades. 'Ilias has a way of being used in Greek as equivalent to a vast string of things, e.g.; 'Ilias kakon. -- TRANSL. 6. This is a literal prose translation of a laudatory poem, which Simon reproduces after the preface. It probably appeared in the Ingolstadt edition (1580), which Simon professes to reproduce. It also appears in the edition of Muñoz (1565) and it may be that Muñoz was its author. 7. This is a literal prose translation of a laudatory poem, which Simon reproduces after the first laudatory poem. It probably appeared in the Ingolstadt edition (1580), which Simon professes to reproduce. 8. Reading uno for uni; but the latter may be an extemporized genitive, "the dungeon of the one abyss. -- TRANSL. ____________ THE FIRST RELECTIO OF THE REVEREND FATHER, BROTHER FRANCISCUS DE VICTORIA, ON THE INDIANS LATELY DISCOVERED. The passage to be discussed is from St. Matthew's Gospel: "Teach all nations, baptizing them in the name of the Father and Son and Holy Spirit," last chapter. SUMMARY OF THE FIRST SECTION. 1. How a person in doubt on any matter, to obtain safety of conscience, should consult those whose business it is to give instruction in such matters. 2. After one in doubt has taken such advice he ought to follow what the wise have laid down, else he will not be safe. 3. Whether one in doubt ought, consistently with safety of conscience, to follow the advice given by the wise in a doubtful matter when they lay down that to be now lawful which in other circumstances is unlawful. 4. Whether the Indian aborigines before the arrival of the Spaniards were true owners in public and in private law; and whether there were among them any true princes and overlords. 5. Examination of the error of those who assert that persons living in mortal sin can not have ownership of anything at all. 6. Mortal sin does not preclude civil ownership of the true kind. 7. Whether ownership is lost by reason of unbelief. 8. The divine law does not make heresy a cause of forfeiture of the heretic's property. 9. Whether heresy causes loss of ownership by human law. 10. A heretic incurs the penalty of confiscation of his property as from the date of the commission of his offense. 11. But although the heretic's offense is patent, the fisc may not seize his property before condemnation. 12. Even though condemnation issues after the heretic's death, confiscation of property dates back to the time of the commission of the offense, no matter who is vested with the property. 13. Sales, gifts, and all other modes of alienation by a heretic are void as from the date of the commission of the offense, etc. 14. Whether a heretic before condemnation is the owner of his property in the forum of conscience. 15. A heretic may lawfully live of his own property. 16. A heretic may make a gratuitous conveyance of his property, as byway of gift. 17. A heretic whose offense has rendered him liable to process may not convey his property for value, as by way of sale or dowry. 18. In what case a heretic may lawfully alienate his property for value. 19. Barbarians are note preluded by the sin of unbelief or by any other mortal sins from being true owners alike in public and in private law. 20. Whether the use of reason is a pre-requisite of capacity for ownership. 21. Whether a boy can be an owner before he has the use of reason. 22. Whether a person of unsound mind can be an owner. 23. Inasmuch as the Indian aborigines were not of unsound mind, they are not precluded from being true owners on the pretext of unsoundness of mind. 24. These aborigines were true owners alike in public and in private law before the advent of the Spaniards among them. "Teach all nations, baptizing them in the name of the Father and Son and Holy Spirit" (St. Matthew, last chap.). This passage raises the question whether the children of unbelievers may be baptized against the wishes of their parents. This question is discussed by the doctors on the fourth book of the Sententiae, dist. 4, and by St. Thomas, Secunda Secundae, qu. 10, art. 12, and Tertia Pars, qu. 68, art. 10. The whole of this controversy and discussion was started on account of the aborigines of the New World, commonly called Indians, who came forty years ago into the power of the Spaniards, not having been previously known to our world. This present disputation about them will fall into three parts. In the first part we shall inquire by what right these Indian natives came under Spanish sway. In the second part, what rights the Spanish sovereigns obtained over them in temporal and civil matters. In the third part, what rights these sovereigns or the Church obtained over them in matters spiritual and touching religion, in the course of which an answer will be given to the question before us. As regards the first part, it might seem at the very outset that the whole of this discussion is useless and futile, not only for us who have no concern either to inquire whether the men in question have conducted their administration with propriety in every detail or to raise any doubts about that business or to correct any fault that may have been committed, but also for those whose concern it is to attend to and administer these matters. Firstly, this may so seem because neither the sovereigns of Spain nor those at the head of their councils are bound to make completely fresh and exhaustive examination of rights and titles which have already been elsewhere discussed and settled, especially as regards things of which the sovereigns are in bona fide occupation and peaceful possession; this is so because, as Aristotle says (Ethics, bk. 3), "if any one were to be continually inquiring, settlement would be indefinitely postponed"; and sovereigns and their advisers could not attain security and certitude of conscience, and, if they had to trace the title of their rule back to its origin, they could not keep anything they had discovered. Moreover, inasmuch as our sovereigns, namely Ferdinand and Isabella, who were the first to occupy those regions, were most Christian, and the Emperor Charles V was a most just and scrupulous sovereign, it is not to be believed that they did not make a thoroughly complete and exact investigation into everything that could affect the security of their estate and conscience, especially in such a great matter. On these accounts, then, it may seem not only useless but also presumptious to raise any question about the matter; it is like looking for a knot in a bulrush and for wickedness in the abode of the righteous. In meeting this objection we must bear in mind what Aristotle says (Ethics bk. 3), namely, that just as there can be no questioning or deliberation about matters either impossible or necessary, so also there can be no moral investigation about those which are certainly and notoriously lawful and seemly, or, or the other hand, about those which are certainly and notoriously unlawful and unseemly. For no one can properly raise a question whether we ought to live a temperate and brave and upright life or a wicked and base life, nor whether we ought to commit adultery or perjury, or cherish our parents, and other matters of this kind. Certainly such discussion would not be Christian. When, however, some project is on foot concerning which there is a genuine doubt whether it be good or bad, just or unjust, it is then advantageous to take advice and to deliberate and to abstain from premature action before finding out and determining how far it is or is not lawful. Such is the case with matters which, when viewed from different sides, look good or bad, as happens in many kinds of barter and contract and other businesses. And in all these cases the circumstances are such that, even if the thing in question were in itself lawful, it would be sinful for any one to do it before deliberating and assuring himself of its lawfulness; and he would not be excused on the ground of ignorance, for the ignorance would manifestly not be invincible, since he does not do what in him lies to inquire into the lawfulness or unlawfulness of the matter. For in order that an act, the goodness of which is otherwise uncertain, be good, it must be done in accordance with the investigation and determination of the wise, it being (Ethics, bk. 2) one of the conditions of a good act that it be done in accordance therewith. Accordingly, when, in a doubtful case, the doer omits to take the advice of the wise, he is without excuse. Nay, even if we grant that the act in question is lawful in itself, yet, if there be any doubt thereon, the doer is bound to take the advice, and to act in accordance with the award, of the wise, even though they be themselves in error. Accordingly, if anyone, without consulting the doctors, were to make a contract, concerning the lawfulness or unlawfulness of which men were doubtful, he would undoubtedly sin, even though the contract were otherwise lawful and even if the doer thought so, not, however, on the authority of the wise, but of his own inclination and judgment. And on the same principle, were one in a doubtful matter to consult the wise and they were to rule against its lawfulness and yet he were to follow his own judgment and do the thing, he would sin even though the thing were otherwise lawful in itself. For example, suppose a man is in doubt whether so-and-so is his wife and he seeks advice whether he is bound to render the marital debt or whether it is right for him to do so, or whether he may exact it from her, and the doctors reply that it is not at all right, and yet he be led by his wife's affection and his own desire to refuse to accept that reply and thinks that his act is lawful, it is certainly sinful for him to approach his wife, although such approach be lawful in itself (as it really is), because he is acting contrary to the conscience which he ought to have. For in those matters which belong to his salvation a man is bound to yield credence to the teachers appointed by the Church, and in a doubtful matter their ruling is law. For just as in the contentious forum the judge is bound to judge in accordance with what is alleged and proved, so in the forum of conscience a man is bound to base his judgment, not on his own sentiments, but on demonstrable reason or on the authority of the wise; else his judgment is presumptuous and exposes him to the risk of going wrong, and indeed he does err in the very fact. This accords with what was laid down in the Old Testament (Deuteronomy, ch. 17): "If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, between leprosy and not leprosy, being matters of controversy within thy gates (saith the Lord), thou shalt arise and get thee up to the place which the Lord thy God shall choose, and thou shalt come unto the priests the Levites and unto the judges that shall be in those days and enquire, and they shall show thee the sentence of judgment, and thou shalt do according to the sentence which they of authority in that place shall show thee, and according to the judgment which they shall tell thee thou shalt do, not declining to the right hand or to the left." I accordingly assert that in doubtful matters a man is bound to seek the advice of those whom the Church has appointed for that purpose, such as prelates, preachers, and confessors, who are people skilled in divine and human law. For in the Church some are eyes, some feet, and so on (I Corinthians, ch. 12); and in Ephesians, ch. 4, "And he gave some, apostles; ... some, evangelists; and some, pastors and teachers," and in St. Matthew, ch. 23, "The Scribes and the Pharisees sit in Moses' sent; all therefore whatsoever they bid you observe, that observe and do." And Aristotle (Ethics, bk. l) lays this down as a precept, following Hesiod, "The man who is ignorant in himself, yet does not listen to another in order to know what is good, is a foolish and empty person." It is, therefore, not enough for security of life and conscience that a man should deem himself to be doing right, but in doubtful matters he must needs rely on the authority of others whose business is therewith. For it is not enough that merchants should abstain from doing what they themselves deem wrong, if they nevertheless enter into illegal contracts without the advice of the wise. And so I do not agree with Cardinal Cajetan when he says that if a doubt arises about something which really is lawful in itself and some preachers or confessors who otherwise have authority to pronounce thereon declare it unlawful or declare it mortal sin when it is venial, vet the man who, following his own inclination in the matter, disbelieves them and determines in his own conscience that it is not a mortal sin, does not sin. As an example, Cajetan takes the use by women of paint and other superfluous adornments, a thing really not a mortal sin, but which he assumes might be pronounced a mortal sin by preachers and confessors. If, says he a woman is so given to such adornment that she does not yield assent to them, but thinks it lawful or not a mortal sin, she does not commit a mortal sin when she resorts to such adornment. Now this I declare dangerous. For in those matters which are necessary to salvation a woman is bound to yield assent to the wise and she exposes herself to danger if contrariwise she does what the wise pronounce to be a mortal sin. And, on the other hand, if in a doubtful matter a man has taken counsel with the wise and has accepted their ruling that the thing is lawful, he is safe in conscience -- at any rate until he receives a second opinion and is driven to doubt or to believe the contrary by a person of such authority, or by reasons of such cogency, as ought to affect his judgment. This is notorious, for he does all that in him lies and so his ignorance is invincible. The premises, then, establish the following propositions: FIRST. In doubtful matters a man is bound to seek the advice of those whose business it is to give it, otherwise he is not safe in conscience, whether the doubt be about a thing in itself lawful or unlawful. SECOND. If after a consultation in a doubtful matter it be settled by the wise that the thing is unlawful, a man is bound to follow their opinion, and if he act contrary thereto he is without excuse, even if the thing be otherwise lawful. THIRD. On the other hand, if after such consultation it be settled by the wise that the thing is lawful, he who follows their opinion is safe, even if it be otherwise unlawful. When, then, we return to the question before us, namely, the matter of the barbarians, we see that it is not in itself so evidently unjust that no question about its justice can arise, nor again so evidently just that no doubt is possible about its injustice, but that it has a look of both according to the standpoint. For, at first sight, when we see that the whole of the business has been carried on by men who are alike well-informed and upright, we may believe that everything has been done properly and justly. But then, when we hear of so many massacres, so many plunderings of otherwise innocent men, so many princes evicted from their possessions and stripped of their rule, there is certainly ground for doubting whether this is rightly or wrongly done. And in this way the discussion in question does not seem at all superfluous and so we get a clear answer to the objection. Moreover, even if it be granted that there is no doubt about the whole question, it is no novelty for theological discussions to be instituted on points of certainty. For we discuss about the Incarnation of our Lord and other articles of faith. For not always are theological discussions of the deliberative sort, but frequently they are of the demonstrative sort, that is, entered upon, not for purposes of deliberation, but of instruction. But some one may come forward and say: Although there were at one time some elements of doubt in this business, yet they have now been discussed and settled by the wise and so everything is now being administered in accordance with their advice and we have no need of a fresh enquiry. To such a person I answer first. God be blessed if it is so; our discussion raises no obstacle thereto; nor would I raise any new complaints. Secondly, I assert that it is not for jurists to settle this question or at any rate not for jurists only, for since the barbarians in question, as I shall forthwith show, were not in subjection by human law, it is not by human, but by divine law that questions concerning them are to be determined. Now, jurists are not skilled enough in the divine law to be able by themselves to settle questions of this sort. Nor am I sure that in the discussion and determination of this question theologians have ever been called competent to pronounce on so grave a matter. And as the issue concerns the forum of conscience, its settlement belongs to the priests, that is, to the Church. Accordingly in Deuteronomy, ch. 17, it is enjoined on the king that he take a copy of the law from the hand of the priest. Thirdly, in order that the whole of the matter be adequately examined and assured, is it not possible that so weighty a business may produce other special doubts deserving of discussion? Accordingly I think I shall be doing something which is not only not futile and useless, but well worth the trouble, if I am enabled to discuss this question in a manner befitting its importance. FOURTH. Returning now to our main topic, in order that we may proceed in order, I ask first whether the aborigines in question were true owners in both private and public law before the arrival of the Spaniards; that is, whether they were true owners of private property and possessions and also whether there were among them any who were the true princes and overlords of others. The answer might seem to be No, the reason being that slaves own no property, "for a slave can have nothing of his own" (Inst., 2, 9, 3, and Dig., 29, 2, 79), and so all his acquisitions belong to his master (Inst., 1, 8, 1). But the aborigines in question are slaves. Therefore the matter is proved; for as Aristotle (Politics, bk. l) neatly and correctly says, "Some are by nature slaves, those, to wit, who are better fitted to serve than to rule." Now these are they who have not sufficient reason to govern even themselves, but only to do what they are bidden, and whose strength lies in their body rather than in their mind. But, of a surety, if there be any such, the aborigines in question are preeminently such, for they really seem little different from brute animals and are utterly incapable of governing, and it is unquestionably better for them to be ruled by others than to rule themselves. Aristotle says it is just and natural for such to be slaves. Therefore they and their like can not be owners. And it is immaterial that before the arrival of the Spaniards they had no other masters, for there is no inconsistency in a slave having no master, as the glossator on Dig., 40, 12, 23, notes. Nay, the statement is expressly made in that passage of the Digest and it is the expressed case set out in Dig., 45, 3, 36, pr., where it is said that a slave who has been abandoned by his master and not taken into possession by any one else can be taken into possession by any one. If, then, these were slaves they could be taken into possession by the Spaniards. On the opposite side we have the fact that the people in question were in peaceable possession of their goods, both publicly and privately. Therefore, unless the contrary is shown, they must be treated as owners and not be disturbed in their possession unless cause be shown. In aid of a solution I am loath to recall to notice the numerous utterances of the doctors on the nature of dominion. I have set them out at length when commenting on Restitution, 4, dist. 15, and on Prima Secundae, qu. 62, and I pass them by here for fear they should lead me to omit things of greater moment. And so let me pass them over in order to observe that, if the aborigines had not dominion, it would seem that no other cause is assignable therefor except that they were sinners or were unbelievers or were witless or irrational. FIFTH. Now, some have maintained that grace is the title to dominion and consequently that sinners, at any rate those in mortal sin, have no dominion over anything. That was the error of the poor folk of Lyons, or Waldenses, and afterwards of John Wycliffe. One error of his, namely, that "no one is a civil owner, while he is in mortal sin," was condemned by the Council of Constance. This opinion was also held by Armachanus (bk. 10, Adversus errores Armenorum, c. 4) and in the Dialogue, Defensorium pacis; and Waldensis wrote to controvert him in his Doctrinale antiquitatum fidei, vol. I bk. 2, ch. 81 and 82, and vol. II, ch. 3. Armachanus relies on the fact that such dominion is reprobated by God: "They have set up Kings but not by me; they have made princes and I knew it not" (Hosea, ch. 8); and then is added the indictment, "Of their silver and their gold have they made them idols that they may be cut off." And so, says he, such persons have no lawful dominion in the eyes of God. It is certain, however, that all dominion is by divine authority, for God himself is the creator of everything, and none but they to whom He has given dominion can have it. Now it is not agreeable to reason that He should give it to the disobedient and transgressors of his commandments, just as human princes do not give their property, such as towns and strongholds, to rebels, and if they have given it to them, they confiscate it. But we ought to judge about divine things through the medium of human things (Romans, ch. l). Therefore God does not give dominion to the disobedient. And in token hereof God at times removes such from their exalted position, as in the cases of Saul (I Sam., ch. 15 and 16), and of Nebuchadnezzar and Balthazar (Daniel, ch. 4 and 5). Again (Genesis, ch. 1), "Let us make man in our own image and likeness that he may have dominion over the fish of the sea," etc. It appears therefore that dominion is founded on the image of God. But the sinner displays no such image. Therefore he has no dominion. Further, such a one commits the crime of treason. Therefore he deserves to lose his dominion. Likewise, St. Augustine says that the sinner is not worthy of the bread he eats. Also, the Lord had given our first parents dominion over paradise and then deprived them of it because of their sin (Genesis, ch. 1). Therefore, etc. It is true that both Wycliffe and Armachanus speak without distinguishing and seem to be speaking rather of the dominion of sovereignty which belongs to princes. But because their reasoning applies equally to all dominion, they seem to have in view all kinds of dominion generally. And that is how Conrad (bk. I, qu. 7) understands their teaching, and Armachanus is sufficiently clear in that sense. Those who would follow their teaching may, therefore, say that the barbarians had no dominion, because they were always in mortal sin. SIXTH. But against this doctrine I advance the proposition that mortal sin does not hinder civil dominion and true dominion. Although this proposition was established in the Council of Constance, yet Almain (4, Dist. 15, qu. 2), following Ailly, bases an argument in favor of it, on the fact that a person already in mortal sin who finds himself in extreme need their property by civil law, and the Pope rules that the same is to hold for the crime of heresy. And Joannes Andreae seems to hold the same opinion, in his comment on the afore-mentioned chapter cum secundum leges. And it seems to be had from the law Manichaeos (Cod., 1, 5, 4), whereby heretics are precluded from sale or gift or any dealing with their property. Also, civil laws bind in the forum of conscience, as St. Thomas teaches (Prima Secundae, qu. 96, art. 4). TENTH. Let the third proposition in the course of our exposition be: A heretic incurs confiscation of his property from the day of the commission of his offense. This is commonly held by the doctors and is the ruling in the Directorium inquisitorum (bk. 3, tit. 9), and also in the Summa of Baptista de Salis on the word absolutio (§ 17), and it seems settled in the afore-mentioned chapter cum secundum leges and in the afore-mentioned law Manichaeos (Cod., 1, 5, 4). ELEVENTH. A fourth proposition: Nevertheless, although the offense be manifest, the fisc can not seize the property of a heretic before condemnation. This is also generally received, and is the ruling of the aforenamed chapter cum secundum leges. Nay, it would be contrary to the divine law and to natural law for a penalty to be enforced before condemnation has issued. TWELFTH. It follows from the third conclusion that, when condemnation has taken place, even though this be after death, the confiscation dates back to the time of the commission of the offense, no matter into whose control the property has come. This corollary is also generally admitted and especially by Panormitanus in his comment on 3, 5, 1 in VI. THIRTEENTH. And a second consequence is that every sale or gift of or other dealing with such property is void as from the day of the commission of the offense. And so, when condemnation has taken place, all such dealings are rescinded by the fisc and the property is taken by the same fisc, even without any repayment of the price to the purchasers. This, too, is generally admitted, and expressly so by Panormitanus in the passage just named, and is manifest from the afore-named law Manichaeos (Cod., 1, 5, 4). FOURTEENTH. A fifth proposition: Nevertheless a heretic continues to be owner in the forum of conscience until he is condemned. This proposition seems to be at variance with Conrad and with the Directorium inquisitorum and Joannes Andreae; it is, however, the proposition of Sylvester, under the word haeresis, I, § 8. Adrian also maintains it, discussing the matter at some length (Quotlibeta, 6, qu. 2), and Cajetan seems to hold the same view in his Summa, under the word poena. The proposition is proved, first, by the fact that this deprivation in the forum of conscience is a penalty; therefore, it ought in no wise to be inflicted before condemnation. Nor am I sure whether human law could effect this at all. It is also proved by what is clear from the above-named chapter cum secundum leges, namely, that property is confiscated in the same way by the very fact of an incestuous marriage; as also when a free woman who has been ravished marries her ravisher. Nay, if any one fails to pay the accustomed dues on imported merchandise, the goods are forfeit by the very fact; as also in the case of an exporter of contraband merchandise, such as arms and iron, to the Saracens. All the details will be found in the above-named chapter cum secundum leges and in Cod., 5, 5, 3, and Cod., 9, 13, 1, and in X, 5, 6, 6, and in Dig., 39, 4, 16 (?). Aye, and the Pope expressly says in the afore-named chapter cum secundum leges that, just as confiscation takes place in the cases named, so he intends it to take place in a case of heresy. But no one denies that an incestuous person and a ravisher and one who supplies the Saracens with arms and one who does not pay customs remain true owners of their property in the forum of conscience. Why, then, does not a heretic also? Conrad himself treats as identical the cases named and the case of a heretic. It would, moreover, be over severe to require a man who has just been converted from heresy to give up his property to the fisc. FIFTEENTH. It follows as a corollary that a heretic may lawfully live of his own property. SIXTEENTH. Secondly, it follows also that he can make a gratuitous conveyance of his property, as by way of gift. SEVENTEENTH. It follows, thirdly, that if his offense can be brought before the tribunals, he can not convey his property for value, as by way of sale or dowry. This is manifest, because he would defraud the buyer, making him incur the risk of loss of both the thing and the price, should he, the seller, be condemned. EIGHTEENTH. Lastly, it follows that, if there were in fact no risk of confiscation, he might even make a conveyance for value. Thus, if some heretic were in Germany, a Catholic could lawfully buy from him. For it would be oppressive if a Catholic could not buy land from a heretic or sell land to him in a Lutheran state; yet it would be necessary to say this, if a heretic were utterly disabled from ownership in the forum of conscience. NINETEENTH. From all this the conclusion follows that the barbarians in question can not be barred from being true owners, alike in public and in private law, by reason of the sin of unbelief or any other mortal sin, nor does such sin entitle Christians to seize their goods and lands, as Cajetan proves at some length and neatly (Secunda Secundae, qu. 66, art. 8). TWENTIETH. It remains to ask whether the Indians lacked ownership because of want of reason or unsoundness of mind. This raises the question whether the use of reason is a precondition of capacity for ownership in general. Conrad, indeed (bk. I, qu. 6), propounds the conclusion that ownership is competent to irrational creatures, alike sensible and insensible. The proof consists in the fact that ownership is nothing more than the right to put a thing to one's own use. But brutes have this right over the herbs and plants (Genesis, ch. 1): "Behold I have given you every herb bearing seed which is upon the face of all the earth and every tree in the which is the fruit of a tree yielding seed; to you it shall be for meat and to every beast of the earth." The stars, too, have the right to shine for light (Genesis, ch. 1), "And God set them in the firmament of the heaven to give light upon the earth and to rule over the day and over the night." And the lion has dominion over all animals that walk, whence he is called the king of beasts. And the eagle is lord among the birds whence in Psalm 103 the verse about his house being their leader. Sylvester (under the word dominium, at the beginning) is of the same opinion as Conrad, saying that the "elements exercise dominion one over the other." I answer by the following propositions: First: Irrational creatures can not have dominion. This is clear, because dominion is a right, as even Conrad admits. But irrational creatures can not have a right. Therefore they can not have dominion. The proof of the minor is that they can not suffer a wrong and therefore can have no right. The proof of this assumption is that he who kept off a wolf or a lion from its prey or an ox from its pasture would not do it a wrong, nor would he who shut a window to prevent the sun from shining in do the sun a wrong. And this is confirmed by the fact that, if the brutes have dominion, he who took away the grass from a stag would commit theft, for he would be taking what belongs to another against the owner's will. Also, wild beasts have not dominion over themselves. Therefore much less over other things. The proof of the assumption is that they may be killed with impunity, even for pleasure; and so Aristotle (Politics, 1) says that the chase of wild beasts is just and natural. Also, wild beasts themselves and all irrational animals are more fully within the ownership of man than slaves are. Therefore, if slaves can not have anything of their own, much less can irrational animals. Our proposition is also confirmed by the authority of St. Thomas Aquinas (Prima Secundae, qu. 1, art. 1 and 2, and qu. 6, art. 2, and Contra Gentiles, bk. 3, c. 110), to the effect that only rational creatures have dominion over their acts, the test of a roan's being master of his acts being (as St. Thomas says, Prima Pars, qu. 82, art. 1, on obj. 3) that he has the power of choice. Hence (as he says in the same place) we are not masters of our appetite as regards its final end. If, then, the brutes have not dominion over their acts, they have it not over other things. And although this seems to be a dispute about a name, it is assuredly a highly improper and unusual mode of speech to attribute dominion to things irrational. For we do not ordinarily say that a man has dominion save over that which is placed within his control. For when we have not dominion, we speak thus: "It is not within my control," "It is not in my power." Now, as the brutes are rather moved than move themselves, as St. Thomas says (Prima Secundae, as above), they for that reason have no dominion. Nor is there any force in Sylvester's remark that dominion sometimes does not signify right, but only power, in which sense we say that fire has dominion over water. For, if this is enough to confer dominion, a robber has dominion over his victim even up to death, because he has power to kill him, and a thief has power to seize his victim's money. Further, as regards the statement that the stars exercise dominion and that the lion is king of beasts, obviously this is said metaphorically and by way of figure. TWENTY-FIRST. There might seem some doubt whether a boy, who has not yet the use of reason, can have dominion, inasmuch as he seems to differ little from irrational animals. And the Apostle says (Galatians, ch. 4): "The heir, as long as he is a child, differeth nothing from a slave"; but a slave has not dominion; therefore, etc. But let our second proposition be: Boys, even before they have the use of reason, can have dominion. This is manifest, because they can suffer wrong; therefore they have rights over things; therefore also they have dominion, which is naught else than a right. Also, the property of wards is not part of the guardian's property; but it has owners and no others are its owners; therefore the wards are the owners. Also, boys can be heirs; but an heir is one who succeeds to the rights of the deceased and who has dominion over the inheritance (Dig., 44, 3, 11, and Inst., 2, 19, 7). Also, as already said, the basis of dominion is in the possession of the image of God, and children already possess that image. The Apostle, moreover, says in the passage of Galatians just cited, "The heir, as long as he is a child, differeth nothing from a slave, though he be lord of all." The same does not hold good of an irrational creature, for a boy does not exist for the sake of another, as does a brute, but for his own sake. TWENTY-SECOND. But what about those suffering from unsoundness of mind? I mean a perpetual unsoundness whereby they neither have nor is there any hope that they will have the use of reason. Let our third proposition be: It seems that they can still have dominion, because they can suffer wrong; therefore they have a right, but whether they can have civil dominion is a question which I leave to the jurists. TWENTY-THIRD. However this may be, let our fourth proposition be: The Indian aborigines are not barred on this ground from the exercise of true dominion. This is proved from the fact that the true state of the case is that they are not of unsound mind, but have, according to their kind, the use of reason. This is clear, because there is a certain method in their affairs, for they have polities which are orderly arranged and they have definite marriage and magistrates, overlords, laws, and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion. Further, they make no error in matters which are self-evident to others; this is witness to their use of reason. Also, God and nature are not wanting in the supply of what is necessary in great measure for the race. Now, the most conspicuous feature of man is reason, and power is useless which is not reducible to action. Also, it is through no fault of theirs that these aborigines have for many centuries been outside the pale of salvation, in that they have been born in sin and void of baptism and the use of reason whereby to seek out the things needful for salvation. Accordingly I for the most part attribute their seeming so unintelligent and stupid to a bad and barbarous upbringing, for even among ourselves we find many peasants who differ little from brutes. TWENTY-FOURTH. The upshot of all the preceding is, then, that the aborigines undoubtedly had true dominion in both public and private matters, just like Christians, and that neither their princes nor private persons could be despoiled of their property on the ground of their not being true owners. It would be harsh to deny to those, who have never done any wrong, what we grant to Saracens and Jews, who are the persistent enemies of Christianity. We do not deny that these latter peoples are true owners of their property, if they have not seized lands elsewhere belonging to Christians. It remains to reply to the argument of the opposite side to the effect that the aborigines in question seem to be slaves by nature because of their incapability of self-government. My answer to this is that Aristotle certainly did not mean to say that such as are not over-strong mentally are by nature subject to another's power and incapable of dominion alike over themselves and other things; for this is civil and legal slavery, wherein none are slaves by nature. Nor does the Philosopher mean that, if any by nature are of weak mind, it is permissible to seize their patrimony and enslave them and put them up for sale; but what he means is that by defect of their nature they need to be ruled and governed by others and that it is good for them to be subject to others, just as sons need to be subject to their parents until of full age, and a wife to her husband. And that this is the Philosopher's intent is clear from his corresponding remark that some are by nature masters, those, namely, who are of strong intelligence. Now, it is clear that he does not mean hereby that such persons can arrogate to themselves a sway over others in virtue of their superior wisdom, but that nature has given them capacity for rule and government. Accordingly, even if we admit that the aborigines in question are as inept and stupid as is alleged, still dominion can not be denied to them, nor are they to be classed with the slaves of civil law. True, some right to reduce them to subjection can be based on this reason and title, as we shall show below. Meanwhile the conclusion stands sure, that the aborigines in question were true owners, before the Spaniards came among them, both from the public and the private point of view. SUMMARY OF THE SECOND SECTION. On the illegitimate titles for the reduction of the aborigines of the New World into the power of the Spaniards. 1. The Emperor is not the lord of the whole world. 2. Even if the Emperor were the lord of the world, that would not entitle him to seize the provinces of the Indian aborigines and to erect new lords and put down the former lords or to levy taxes. 3. The Pope is not civil or temporal lord of the whole world, in the proper sense of civil lordship and power. 4. Even if the Supreme Pontiff had secular power over the world, he could not give that power to secular princes. 5. The Pope has temporal power, but only so far as it subserves things spiritual. 6. The Pope has no temporal power over the Indian aborigines or over other unbelievers. 7. A refusal by these aborigines to recognize any dominion of the Pope is no reason for making war on them and for seizing their goods. 8. Whether these aborigines were guilty of the sin of unbelief, in that they did not believe in Christ, before they heard anything of Christianity. 9. What is required in order that ignorance may be imputed to a person as, and be, sin, that is, vincible ignorance. And what about invincible ignorance? 10. Whether the aborigines are bound to hearken to the first messengers of Christianity so as to commit mortal sin in not believing Christ's Gospel merely on its simple announcement to them. 11. If the faith were simply announced and proposed to them and they will not straightway receive it, this is no ground for the Spaniards to make war on them or to proceed against them under the law of war. 12. How the aborigines, if they refuse when asked and counselled to hear peaceably preachers of religion, can not be excused from mortal sin. 13. When the aborigines would be bound to receive Christianity under penalty of mortal sin. 14. In the author's view it is not sufficiently dear whether Christianity has been so proposed and announced to these aborigines that they are bound to believe it under the penalty of fresh sin. 15. Even when Christianity has been proposed to them with never so much sufficiency of proof and they will not accept it, this does not render it lawful to make war on them and despoil them of their possessions. 16. Christian princes can not, even on the authority of the Pope, restrain these aborigines from sins against the law of nature or punish them therefor. It being premised, then, that the Indian aborigines are or were true owners, it remains to inquire by what title the Spaniards could have come into possession of them and their country. And first, I shall advert to the titles which might be alleged, but which are not adequate or legitimate. Secondly, I shall set out the legitimate titles under which the aborigines could have come under the sway of the Spaniards. Now, there are seven titles, which might be alleged, but which are not adequate, and seven or eight others, which are just and legitimate. The first title that might be alleged, then, is that the Emperor is the lord of the world, and in such a way that, even if it be granted that in time past there was a defect in his claim, it would by now be purged as regards our present, most Christian Emperor. For, even if we assume that the Indian aborigines may be true owners, yet they might have superior lords, just as inferior princes have a king and as some kings have the Emperor over them. There can in this way be many persons having dominion over the same thing; and this accounts for the well-worn distinction drawn by the jurists between dominion high and low, dominion direct and available, dominion pure and mixed. The question, therefore, is whether the aborigines had any superior lord. And, as this question can only arise with regard to either the Emperor or the Pope, let us speak of these. The first allegation to consider is that the Emperor is lord of the whole world and therefore of these barbarians also. This is supported, firstly, by the appellation, "Lord of the world," commonly given to the late Emperor Maximilian or to the present Emperor Charles, ever August. Also (Luke, ch. 2), "There went out a decree from Caesar Augustus that a census should be taken of all the world"; but Christian Emperors ought not to be in any worse condition than he; therefore, etc. Also, our Lord seems to have pronounced Caesar to be the true lord of the Jews. "Render unto Caesar," said he, "the things that are Caesar's," etc. (St. Luke, ch. 20). But it does not seem that Caesar could have this right, save as Emperor. Therefore Bartolus, commenting on the Extravagans of Henry VII, Ad reprimendum, expressly holds that "the Emperor is the rightful lord of the whole world." And this is also the opinion of the glossator on X, 4, 17, 13. So, too, the glossator on X, 1, 6, 34. And they prove the allegation first from can. 41, C. 7, qu. 1, where Gregory says that there is one king among bees, and in the world one Emperor, and also from Dig., 14, 2, 9, where the Emperor Antoninus says: I indeed am lord of the earth," and Cod., 7, 37, 3, § 1, "everything is understood to belong to the Emperor." The allegation might also be supported by the fact that Adam first and then Noah seem to have been lords of the world: " Let us make man in our image, after our likeness, and let them have dominion over the fish of the sea and over the fowl of the air and over all the earth," etc. (Genesis, ch 1) and a little later on, "Be fruitful and multiply and replenish the earth and subdue it, etc.; and there is a similar pronouncement made to Noah (Genesis, ch. 8). But these two had successors. Therefore. Also, there is a proof in the incredibility of God's having instituted in the world anything but the best system of government: "In wisdom hast thou made them all" (Psalm 104). But monarchy is the best system, as St. Thomas admirably shows (De regimine principum, bk. 1, ch. 2), and as Aristotle seems to hold (Politics, bk. 3). Therefore, it seems to be in accordance with divine institution that there should be one Emperor in the world. Also, the things which are outside nature ought to imitate things natural. But in things natural there is always one governor; as in the body, it is the heart; in the soul, it is reason. Therefore in the world there ought to be one governor, just as there is one God. 1. Now, this contention is baseless. Let our first conclusion, then, be: The Emperor is not the lord of the whole earth. This is proved from the fact that dominion must be founded either on natural or divine or human law; but there is no lord of the earth in any of these; therefore, etc. The minor is proved, first as regards natural law, by what St. Thomas well says (Prima Pars, qu. 92, art. 1, on obj. 2, and qu. 96, art. 4), namely, that by natural law mankind is free save from paternal and marital dominion -- for the father has dominion over his children and the husband over the wife by natural law; therefore no one by natural law has dominion over the world. And, as St. Thomas also says (Secunda Secundae, qu. 10, art. 10), dominion and preeminence were introduced by human law; they, therefore, were not by natural law. Nor would there be any greater reason why this dominion should be more proper for Germans than for Gauls. And Aristotle (Politics, bk. 1) says, Power is of two kinds, the one originates in the family, like that of the father over his sons and that of the husband over the wife, and this is a natural power; the other is civil, for, although it may take its rise in nature and so may be said to be of natural law, as St. Thomas says (De regimine principum, bk. 1, ch. 2), yet, man being a political animal, it is founded not on nature, but on law. Now, as regards divine law, we do not read that before the coming of our Saviour Christ the Emperors were lords of the whole world, although in the gloss mentioned on the Extravagans, Ad reprimendum, Bartolus adduces the passage in Daniel, ch. 2, about Nebuchadnezzar, of whom it is said: "Thou, O King, art a King of Kings; for the God of Heaven hath given thee a Kingdom and power and strength and glory. And wheresoever the children of men dwell, He hath given thee all." It is, however, certain that Nebuchadnezzar received his sovereignty from God by no special grant, but in the same way as other princes (Romans, ch. 13): "There is no power but of God"; and (Proverbs, ch. 8): "By me kings reign and princes decree justice." Further, Nebuchadnezzar had not a legal rule over the whole earth, as Bartolus thinks, for the Jews were not legal subjects of his. Another proof that there was by divine law no ruler over the whole world lies in the fact that the Jewish nation was free from the foreigner; nay, the Jews were forbidden by their law to have any foreigner as their lord (Deuteronomy, ch. 17): "Thou mayest not set a stranger to be king over thee." And, although St. Thomas (De regimine principum, bk. 3, ch. 4 and 5) says that the Romans were entrusted with empire by God because of their justice and their patriotism and the excellence of their laws, yet this is not to be taken to mean that they had their empire by divine grant or institution, as St. Augustine also says (De civitate Dei, ch. 18), but that in the divine providence it befell that they should obtain the sovereignty of the world. This, however, was not in the way in which Saul or David had his kingdom from God, but in some other way, such as by just war or other title. This will be plain to any one who considers the titles and modes of succession whereby sovereignty and lordship in the world have come down to our own day. For, to omit everything that happened before the flood, the world was certainly divided after Noah into different provinces and kingdoms, whether this were by ordinance of Noah himself -- for he survived the flood three hundred and fifty years (Genesis, ch. 9), and sent colonies into different regions, as appears in Berosus of Babylon -- or whether, as is more likely, different family-groups by the common agreement of mankind occupied different provinces, as (Genesis, ch. 13) "Abram said unto Lot: '... Is not the whole land before thee? ... If thou wilt take the left hand, then I will go to the right, or if thou depart to the right hand, then I will go to the left." We are, accordingly, told (Genesis, ch. 10) that through the descendants of Noah came diversities of peoples and countries, whether in some regions they first assumed lordship by usurpation, as Nimrod seems to have done, of whom Genesis, ch. 10, v. 8, says that he was the first to be a mighty one in the earth, or whether by accord of several to unite in one State they appointed a prince over themselves by common agreement. For it is sure that either in these or in other like modes sovereignty and lordship began in the world and that afterwards, either by right of inheritance or of war or by some other such title, they were continued unto our own day, or at any rate up to the time of the Saviour's coming. Herein it is manifest that before the coming of Christ no one was vested with world-wide sway by divine law and that the Emperor can not at the present day derive therefrom a title to arrogate to himself lordship over the whole earth, and consequently not over the barbarians. It might, however, be alleged that after our Lord's coming there was one Emperor over the world by express grant of Christ, in that He, as regards His manhood, was Lord of the world, according to St. Matthew, ch. 28: "All power is given unto me," etc., which, according to St. Augustine and St. Jerome, is to be understood as regards His manhood. Also, as the Apostle declares (I Corinthians, ch. 15), "He hath put all things under his feet." Therefore, just as He left on earth one vicar in matters spiritual, so also in matters temporal, and in the latter case it is the Emperor. St. Thomas, too, says (De regimine principum, bk. 3, ch. 13) that Christ was from His nativity the true Lord and monarch of the world and that Augustus though unwitting thereof, was acting as His deputy. Now, it is clear that this deputyship was not in matters spiritual, but in matters temporal. Seeing, then, that Christ's Kingdom, if it were temporal, was over the whole world, Augustus was, on that showing, lord of the world and so on the same principle his successors were. This reasoning is, however, quite inadmissible: In the first place, because of the doubt attaching to the statement that Christ as regards His manhood was temporal Lord of the world. The probability indeed is that He was not, and our Lord seems to have asserted as much in the passage: "My Kingdom is not of this world." Accordingly. St. Thomas remarks in this connection that Christ's dominion is directly appointed for the soul's salvation and for spiritual profit, although it is not excluded in matters temporal in the same fashion as it is appointed in matters spiritual. This shows that in St. Thomas's view His Kingdom was not of the same sort as a civil and temporal kingdom, but that, while He had all kinds of power, even in matters temporal, which would subserve the aim of redemption, yet apart from that aim He had none. Further, even if we grant that He was temporal Lord, it is guess-work to say that He bequeathed that power to the Emperor, there being no mention of any such thing in the whole Bible. And as regards St. Thomas's statement that the Emperor Augustus was Christ's vicegerent, firstly, he does indeed make it in the passage referred to, but in his Tertia Pars, where he is professedly discussing the power of Christ, he makes no mention of this temporal power. Secondly, St. Thomas's meaning is that the Emperor was Christ's vicegerent to the extent that temporal power is subordinate and subservient to spiritual power. In this sense, of a truth, kings are the servants of bishops, just as the smith's art is subject to the knight's and the soldier's, while all the time neither the soldier nor his superior officer is a smith, but is only concerned to give the smith orders about the making of armor. Again, St. Thomas, writing on that passage in St. John, ch. 18, expressly says that Christ's Kingdom is not temporal or such a kingdom as Pilate conceived, but a spiritual kingdom, inasmuch as our Lord declares in that passage: "Thou sayest that I am a King. To this end was I born and for this cause came I into the world, that I should bear witness unto the truth." This shows it to be a mere fiction to say that by express grant of Christ there is one Emperor and lord of the world. A consideration which palpably confirms this is the following: If there had been any such institution by divine law, how comes it that the Empire was divided into Eastern and Western, first among the sons of Constantine the Great and then, later, by Pope Stephen, who conferred the Empire of the West on the Germans, as is held in X, 1, 6, 34? For the assertion that the Greeks thereafter were not Emperors is inept and ignorant, as the glossator hereon points out, seeing that the German Emperors never claimed in virtue of this grant to be Lords of Greece, and John Palaeologus, Emperor of Constantinople, was held to be lawful Emperor at the Council of Florence. Moreover, the patrimony of the Church (as the jurists themselves, and even Bartolus, confess) is not subject to the Emperor. Now, if all things were subject to the Emperor by divine law, no imperial gift or any other title could divest the Emperors of them, any more than the Pope can release any one from the power of the Popes. Also, the Kingdom of Spain is not subject to the Emperor, nor is France, as is also held in X, 1, 6, 34 abovementioned, although the glossator adds out of his own head that this is not so much a matter of law as of fact. Also, the doctors agree that States, which have in times past been subject to the Empire, might be freed from that subjection by prescription; which would not be the case, if this subjection were in virtue of a divine law. Now, in point of human law, it is manifest that the Emperor is not lord of the world, because either this would be by the sole authority of some law, and there is none such; or, if there were, it would be void of effect, inasmuch as law presupposes jurisdiction. If, then, the Emperor had no jurisdiction over the world before the law, the law could not bind one who was not previously subject to it. Nor, on the other hand, had the Emperor this position by lawful succession or by gift or by exchange or by purchase or by just war or by election or by any other legal title, as is admitted. Therefore the Emperor never was the lord of the whole world. 2. Second conclusion: Granted that the Emperor were the lord of the world, still that would not entitle him to seize the provinces of the Indian aborigines and erect new lords there and put down the former ones or take taxes. The proof is herein, namely, that even those who attribute lordship over the world to the Emperor do not claim that he is lord in ownership, but only in jurisdiction, and this latter right does not go so far as to warrant him in converting provinces to his own use or in giving towns or even estates away at his pleasure. This, then, shows that the Spaniards can not justify on this ground their seizure of the provinces in question. A second alleged title to the lawful possession of these lands, and one which is vehemently asserted, is traced through the Supreme Pontiff. For it is claimed that the Pope is temporal monarch, too, over all the world and that he could consequently make the Kings of Spain sovereign over the aborigines in question, and that so it has been done. In this matter there are some jurists, who hold that the Pope has full jurisdiction in temporal matters over the whole earth, and they even add that the power of all secular princes comes to them from the Pope. This is the tenet of Hostiensis on X, 3, 34, 8; also of the Archbishop (pt. 3, tit. 22, ch. 5, § 8); and also of Augustinus Anconitanus. Sylvester holds the same doctrine, making a much more ample and liberal concession of this power to the Pope, under the word infidelitas (§ 7) and under the word Papa (§§ 7, 10, 11 and 14), and under the word legitimus (§ 4). He has some singular remarks on this topic in the passages mentioned, as, for example, that "the power of the Emperor and all other princes is sub-delegated as regards the Pope, being derived from God through the medium of the Pope," and that "all their power is dependent on the Pope," and that "Constantine gave lands to the Pope in recognition of his temporal power," and on the other hand that "the Pope gave the Empire to Constantine to his use and profit," nay, that "Constantine's act was really not a gift, but merely the return of what had previously been taken away," and that, "if the Pope does not exercise jurisdiction in temporal matters outside the patrimony of the Church, this is not for want of authority, but in order to avoid the scandal of the Jews and in order to promote peace"; and many other things even more empty and absurd than these. The sole proof that he gives herefor is in the passages "The earth is the Lord's and the fulness thereof," and "All power is given unto me, both in heaven and in earth," and the Pope is the vicar of God and of Christ, and (Philippians, ch. 2) Christ "for our sake became obedient even unto death," etc. Bartolus, too, seems to be of this opinion in his comment on the Extravagans, Ad reprimendum, and St. Thomas seems to favor it at the end of the second book of the Sententiae, the closing words of which are by way of solution of the fourth argument, which is the last of the whole book, namely, that the Pope holds the summit of both kinds of power, both secular and spiritual, and Herveus is of the same opinion in his De potestate Ecclesiae. This, then, being laid as a basis, the authors of this opinion say as follows: In the first place, that the Pope has free power, on the footing of supreme temporal lord, to make the Kings of Spain rulers over the Indian aborigines. Secondly, they say that, even if it be assumed that he could not do this, at any rate if these aborigines refused to recognize the temporal power of the Pope over them, this would warrant him in making war on them and in putting rulers over them. Now, each of these things has been done. For, first, the Supreme Pontiff granted the provinces in question to the Kings of Spain. Secondly, the aborigines were notified that the Pope is the vicar of God and His vicegerent on earth and it was claimed that they should, therefore, recognize him as their superior, and their refusal furnishes a good ground for making war on them and seizing their lands, etc. Hostiensis, place cited, expressly makes this point, so does Angelus in his Summa. Now, inasmuch as I have fully discussed the temporal power of the Pope in my Relectio de Potestate Ecclesiastica, I will put my answer to the above into a few brief propositions: 3. First: The Pope is not civil or temporal lord of the whole world in the proper sense of the words "lordship" and "civil power." This is the conclusion arrived at by Torquemada (bk. 2, ch. 113), and by Joannes Andreae and by Hugo, on can. 6, Disc. 96. And the most learned Innocent admits, in the above cited X, 1, 6, 34, that he has not temporal power over the Kingdom of France. And it seems the definite opinion of St. Bernard in the second book of his De consideratione, addressed to Pope Eugenius III. The opposite opinion seems contrary to the precept of our Lord who, (St. Matthew, ch. 20, and St. Luke, ch, 22), says, "Ye know that the princes of the Gentiles exercise lordship over them," etc. "But it shall not be so among you." And contrary also to the precept of the Apostle Peter, "neither as being lords over [God's] heritage but being ensamples to the flock," And if Christ the Lord had not temporal power, as has been shown in the foregoing discussion to be more probable and as is also the opinion of St. Thomas, much less has the Pope it, he being Christ's vicar. The above-mentioned thinkers attribute to the Pope that which he has never claimed for himself; nay, he admits the contrary in many passages, as I have shown in the Relectio referred to. And the proof is sufficient, like that given above concerning the Emperor, for no lordship can come to him save either by natural law or by divine law or by human law. Now, it is certain that none comes to him by natural or by human law, and none is shown to come to him by divine law. Therefore the assertion is ungrounded and arbitrary. Further, our Lord's injunction to Peter, "Feed my sheep," clearly shows that power in spiritual and not in temporal matters is meant. It is, moreover, demonstrable that the Pope has not the whole world for his sphere. For our Lord said (St. John, ch. 10) that there should be "one flock and one shepherd" at the end of the age. This is sufficient proof that at the present day all are not sheep of this flock. Again, assuming that Christ had this power, it is manifest that it has not been entrusted to the Pope. This appears from the fact that the Pope is no less vicar of Christ in spiritual than in temporal matters. But the Pope has no spiritual jurisdiction over unbelievers, as even our opponents admit, and, as seems (I Corinthians, ch. 5) to have been the express teaching of the Apostle: "For what have I to do to judge them also that are without?" Therefore he has it not also in temporal matters. And of a truth there is nothing in the argument that, as Christ had temporal power over the world, therefore the Pope also has it. For Christ undoubtedly had spiritual power over the whole world, not less over believers than over unbelievers and could make laws which bound the whole world, as he did with regard to baptism and the articles of faith. And yet the Pope has not that power over unbelievers and may not excommunicate them or forbid their marriage within the degrees permitted by the divine law. Therefore. Also, the fact that, according to the doctors, Christ did not entrust supremacy in power even to the Apostles shows that there is no force in the consequence: Christ had temporal power over the world; therefore the Pope has it too. 4. Second proposition: Even assuming that the Supreme Pontiff had this secular power over the whole world, he could not give it to secular princes. This is obvious, because it would be annexed to the Papacy. Nor can any Pope sever it from the office of Supreme Pontiff or deprive his successor of that power, for the succeeding Supreme Pontiff can not be less than his predecessor; and, if some one Pontiff had made a gift of this power, either the grant would be null or the succeeding Pontiff could cancel it. 5. Third proposition: The Pope has temporal power only so far as it is in subservience to matters spiritual, that is, as far as is necessary for the administration of spiritual affairs. This is also the view of Torquemada (as above, ch. 114), and of all the doctors. And the proof of it lies in the tact that an art to which a higher end pertains is imperative and preceptive as regards the arts to which lower ends pertain (Ethics, bk. 1). But the end of spiritual power is ultimate felicity, while the end of civil power is political felicity. Therefore, temporal power is subject to spiritual power This is the reasoning adopted by Innocent in X, 1, 33, 6; and it receives confirmation from the consideration that, whenever anybody is entrusted with the charge of any office, he is impliedly granted everything without which the duties of the office can not rightly be discharged (X, 1, 29, 1) Inasmuch, then. as the Pope is a spiritual pastor by Christ's commission and the discharge of the duties of this office can not be hindered by the civil power (there being no lack in the provision of things necessary either by God or by Nature), it is beyond doubt that power over things temporal has also been left to him so far as is necessary for the government of things spiritual. And on this principle the Pope can infringe civil laws which tend to breed sinners, just as he has infringed the laws with regard to prescription by a party acting in bad faith, as is clear from X, 2, 26, 20. And on this principle also, when princes are at variance with one another about some right of sovereignty and are rushing into war, he can act as judge and inquire into the claims of the parties and deliver judgment, a judgment which the princes are bound to respect, lest those numerous spiritual evils should befall which are the inevitable results of a war between Christian princes. And although the Pope does not do this or does not do it often, it is not because he can not, as Master Durandus says, but because, for fear of scandal, he wishes to prevent the princes from thinking his motive is ambition or because he is afraid of a revolt from the Apostolic See on the part of the princes. And on this principle the Pope can sometimes depose kings and even set up new kings, as at times has been done. And certainly no one rightly calling himself Christian should deny this power to the Pope. This is the view held by Paludanus and Durandus (De jurisdictione ecclesiastica), and by Henricus Gandavensis (Quodlibeta, 6, art. 23). It is in this sense, also, that those numerous rules are to be interpreted which say that the Pope has both swords. The earlier doctors make the same assertion, as also does St. Thomas in the second book of the Sententiae, as above quoted. Aye, and there is no doubt that in this way bishops have temporal authority within their bishoprics on the same principle that the Pope has authority in the world. And so they err in speech and in deed, whether princes or magistrates, who strive to prevent bishops from deterring laymen from sin by fines or exile or other temporal punishments. For this is not in excess of their power, provided they do not do it from greed or for gain, but of necessity and for profit in things spiritual. And herein we find a further argument in support of our first conclusion; for if the Pope were lord of the world, a bishop would also be temporal lord in his bishopric, seeing that within his bishopric he also is a vicar of Christ, but this our opponents deny. 6. Fourth conclusion: The Pope has no temporal power over the Indian aborigines or over other unbelievers. This is dear from propositions I and III. For he has no temporal power save such as subserves spiritual matters. But he has no spiritual power over them (I Corinth., ch. 5, v. 12). Therefore he has no temporal power either. 7. The corollary follows that even if the barbarians refuse to recognize any lordship of the Pope, that furnishes no ground for making war on them and seizing their property. This is dear, because he has no such lordship. And it receives manifest confirmation from the fact (as will be asserted below and as our opponents admit) that, even if the barbarians refuse to accept Christ as their lord, this does not justify making war on them or doing them any hurt. Now, it is utterly absurd for our opponents to say that, while the barbarians go scatheless for rejecting Christ, they should be bound to accept His vicar under penalty of war and confiscation of their property, aye, and penal chastisement. And a second confirmation is furnished by the fact that the ground, according to the persons in question, for disallowing compulsion, even if they refuse to accept Christ or His faith, is that it can not be evidently proved to them by natural reasoning. But the lordship of the Pope admits of this proof still less. Therefore they can not be compelled to recognize this lordship. Again, although Sylvester 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. There is also no doubt that this was the opinion of St. Thomas too (Secunda Secundae, qu. 66, art. 8, on obj. 2); Cajetan is express thereon, in his comment on the passage where St. Thomas says that unbelievers cannot be deprived of their property, save only that the subjects of temporal princes can be deprived for reasons known to the law and rendering their subjects in general liable to deprivation. Of a truth, Saracens dwelling among Christians have never been deprived of their property on any such pretext or made to suffer any harm. Why, if this pretext be enough to justify making war on them, it is as much as to say that they can be deprived by reason of their unbelief. For it is certain that none of the unbelievers recognize this lordship. But there is no doctor even among our opponents who would allow that they can be deprived on the mere ground of unbelief. Therefore the allegation of the doctors in question is utterly sophistical, namely, that if the unbelievers recognize the lordship of the Roman Pontiff, war can not be made on them, but that it may if they do not recognize it; for none of them does recognize it. This shows that the title under discussion can not be set up against the barbarians and that Christians have no just cause of war against them either on the ground that the Pope has made a gift of their lands on the footing of absolute lord or that they do not recognize the lordship of the Pope. This is the opinion maintained by Cajetan at considerable length, on Secunda Secundae, qu. 66, art. 8, on obj. 2. And the authority of the canonists to the contrary ought not to weigh much, because, as said above, these matters are to be discussed with reference to the divine law, and the majority in numbers and weight hold the contrary view, and among the latter is Joannes Andreae. Our opponents have no text in their favor. And even the weighty authority of the Archbishop of Florence is not to be admitted here, for he followed Augustinus Anconitanus, just as in other places he usually follows the canonists. What has been said demonstrates, then that at the time of the Spaniards' first voyages to America they took with them no right to occupy the lands of the indigenous population. Accordingly, there is another title which can be set up, namely, by right of discovery; and no other title was originally set up, and it was in virtue of this title alone that Columbus the Genoan first set sail. And this seems to be an adequate title because those regions which are deserted become, by the law of nations and the natural law, the property of the first occupant (Inst., 2, 1, 12). Therefore, as the Spaniards were the first to discover and occupy the provinces in question, they are in lawful possession thereof, just as if they had discovered some lonely and thitherto uninhabited region. Not much, however, need be said about this third title of ours, because, as proved above, the barbarians were true owners, both from the public and from the private standpoint. Now the rule of the law of nations is that what belongs to nobody is granted to the first occupant, as is expressly laid down in the aforementioned passage of the Institutes. And so, as the object in question was not without an owner, it does not fall under the title which we are discussing. Although, then, this title, when conjoined with another, can produce some effect here (as will be said below), yet in and by itself it gives no support to a seizure of the aborigines any more than if it had been they who had discovered us. Accordingly, a fourth title is set up, namely, that they refuse to accept the faith of Christ, although it is set before them and although they have been adjured and advised to accept it. This title might seem to be a lawful one for occupying the lands of the barbarians, firstly, on the ground that the obligation of the aborigines to receive the faith of Christ results from the passage: "Whoso believeth and is baptized shall be saved, but he who believeth not shall be damned." But damnation is not visited on any one except for a mortal sin, and "There is no other name given among men whereby we must be saved" (Acts, ch. 4). Therefore, as the Pope is the minister of Christ, at least in things spiritual, it would appear that at any rate by the authority of the Pope they can be compelled to receive the faith of Christ, and if they reject the demand to receive it they may be proceeded against under the law of war. Nay, it would seem that princes may do this on their own authority also, seeing that they are God's ministers (Romans, ch. 13), and "revengers [to execute] wrath upon them that do evil." But those, indeed, do evil who do not accept the faith of Christ. Therefore they can be coerced by princes. A second argument is: If the French refused to obey their King, the King of Spain could compel them to obedience. Therefore, if the Indian aborigines refuse to obey God, who is their true and supreme Lord, Christian princes can compel them to obedience; for the cause of God ought not to be in worse condition than the cause of men. And this is confirmed, as Scotus (bk. 4, dist. 4, qu. 9) argues about the baptism of the children of unbelievers, by the fact that persons ought to be compelled to obey a superior lord rather than an inferior lord. If, then, compulsion may be employed to make these aborigines obey their chiefs, much more may it be employed to make them obey Christ and God. A third argument is: If the barbarians publicly blasphemed Christ, they could be compelled by war to cease from such blasphemies, as the doctors admit and as is true. For we could take measures of war against them, if they made a mock of the crucifix or in any other way abused Christian practices by way of insult, as by jesting imitation of the Sacraments of the Church or the like conduct. This is obvious; for if they outraged a Christian sovereign, even one now dead, we could avenge the outrage; much more, then, if they outrage Christ, who is the living King of Christians. This is indubitable; for if Christ were alive in the flesh and pagans wrought an outrage on Him, there is no doubt that we could avenge the outrage by war. So, therefore, in this case. But unbelief is a greater sin than blasphemy, for, as St. Thomas asserts and proves (Secunda Secundae, qu. 10, art. 3), unbelief is the gravest of the sins which lie in moral perversity, because it is directly opposed to faith, while blasphemy is not directly opposed to faith, but to the confession of faith. Unbelief cuts at the root of turning to God, that is, at faith, while blasphemy does not. Therefore, seeing that Christians can proceed by war against unbelievers for their blasphemy of Christ, so they can for their unbelief itself. And the contention that blasphemy is not so great a sin as unbelief is confirmed by the fact that unbelief, is, in a Christian, a capital crime by the civil laws, while blasphemy is not. 8. By way of answer let my first proposition be: Before the barbarians heard anything about Christianity, they did not commit the sin of unbelief by not believing in Christ. This proposition is precisely that of St. Thomas in Secunda Secundae, qu. 10, art. 1, where he says that in those who have not heard of Christ unbelief does not wear the guise of sin, but rather of punishment, such ignorance of things divine being a consequence of the sin of our first parent. "Such unbelievers as these," says he, "are indeed open to condemnation for other sins, ... but not for the sin of unbelief." Accordingly our Lord says (St. John, ch. 15): "If I had not come and spoken unto them, they had not had sin." St. Augustine, in his exposition of this passage, says it refers to the sin of unbelief in Christ. St. Thomas says the same (Secunda Secundae, qu. 10, art. 6, and qu. 34, art. 2, on obj. 2). This proposition is opposed to the teaching of many doctors and especially to that of Altissiodorensis, 3 p., on the question, Utrum fidei possit subesse falsum, where he says that ignorance not only of Christ, but of any article of faith is not invincible ignorance in any one, for if a man does what in him lies, God will illuminate him either through the doctor that is within him or through a doctor outside, and so it is always a mortal sin to believe anything contrary to articles of faith. He takes an illustration from an old woman to whom a bishop might preach something contrary to an article of faith. And he lays down the general proposition that ignorance of divine law excuseth none. William of Paris was of the same opinion and supported it by the same kind of argument. For either, says he, such an one does what in him lies and therefore will receive illumination, or if he does not this, he is without excuse. And Gerson (De spirituali vita animae, lect. 4) appears to be of the same view. "Doctors are unanimous," says he, "that in matters of the divine law there is no room for invincible ignorance, seeing that God will always help him who does what in him lies, and He is ready to enlighten the mind as far as will be necessary for salvation and the avoidance of error." And Hugo de Sancto Victore (bk. 2, pt. 6, ch. 5) says that none is excused by ignorance for breach of the command to receive baptism, for he could have heard and known, had it not been for his own fault, as was the case with Cornelius (Acts, ch. 10). Adrian gives precision to this doctrine, in his Quodlibeta, qu. 4. "There is," says he, "a two-fold distinction in matters of the divine law. There are some matters to the knowledge of which God does not oblige every one universally, such as the nice problems of the divine law and difficulties with regard to this law and with regard to Holy Scripture and the Commandments; in these matters there may well be a case of invincible ignorance, even if a man does all that in him lies. There are other matters to the knowledge of which God obliges all men generally, such as the articles of faith and the universal commandments of the law; of these it is true, as the doctors assert, that ignorance thereof is not excused. For if any one does what in him lies, he will be illuminated of God through either the doctor that is within him or a doctor from without." Nevertheless, the conclusion above stated is entirely in accord with St. Thomas's doctrine. The proof of it is as follows: Such as have never heard anything, however much they may be sinners in other respects, are under an invincible ignorance; therefore, their ignorance is not sin. The antecedent is evident from the passage (Romans, ch. 10): "How shall they believe in him of whom they have not heard, and how shall they hear without a preacher?" Therefore, if the faith has not been preached to them, their ignorance is invincible, for it was impossible for them to know. And what Paul condemns in unbelievers is not that they have not done what in them lies in order to receive illumination from God, but that they do not believe after they have heard. "Have they not heard?" says he, "Yes, verily, their sound went into all the earth." That is the ground of his condemnation, inasmuch as the Gospel has been preached over all the earth; he would not otherwise condemn them, whatever other sins they might have. This shows that Adrian was also mistaken in another point, with regard to the subject-matter of their ignorance; for in the same note he says, with regard to the subject-matter of morals, that if a man bestows all industry and diligence in getting to know that which behoves him, this is not enough to procure him an excuse for his ignorance, unless by repentance of his sins he specially prepares himself to be illuminated by God. Suppose, then, a man is in doubt about a certain business arrangement and makes inquiry of learned men and tries in other ways to find out the truth and thinks that the thing is lawful; if it really is not lawful and he does it, he is without excuse, if in another respect he is in sin, because he does not do all that in him lies to conquer his ignorance, and although it be admitted that were he to render himself amenable to grace he would not receive illumination, still he is without excuse so long as he does not remove the hindrance in question, that is, his sin. Accordingly, if Peter and John are in doubt in the same case and business matter and bestow equal human diligence, and each thinks the thing is lawful, but Peter is in grace, while John is in sin, Peter's ignorance is invincible, but John's is vincible, and if they both embark on the business, Peter is excused and John is not. Adrian, I say, makes a mistake here, as I have shown at length in my discussion on Prima Secundae on the topic of ignorance. For it would be strange to say that there is no topic of the divine law on which an unbeliever, aye, any one who is in mortal sin, can be invincibly ignorant. Nay, it would follow in the case of the above-named Peter, who was in grace and whose ignorance on some point about usury or simony was invincible, that his ignorance would become vincible merely by his faffing into mortal sin, which is absurd. 9. I say accordingly on this point that negligence with regard to the subject-matter is requisite for ignorance, even though it be vincible, to be imputed as, and to be, a sin, as, for example, that the man refused to hear or did not believe what he did hear; and on the other band I say that for invincible ignorance it is enough that the man bestowed human diligence in trying to learn, even if in other respects he is in mortal sin. And so on this point our judgment is the same concerning one in sin and one in grace, both now and immediately after Christ's coming or after His passion. Adrian could not deny that after our Lord's passion the Jews in India or in Spain were invincibly ignorant of His passion, however much they were in mortal sin; nay, he himself has expressly conceded this in his first quaestio, fourth point, on the topic de observantia legalium. And it is certain that the Jews who were away from Judaea, whether they were in sin or not, had invincible ignorance about baptism and about the faith of Christ. Just as there could at that time be a case of invincible ignorance on this matter, so there may also be nowadays among those who have not had baptism declared to them. But the mistake which the doctors in question make is in thinking that when we postulate invincible ignorance on the subject of baptism or of the Christian faith it follows at once that a person can be saved without baptism or the Christian faith, which, however, does not follow. For the aborigines to whom no preaching of the faith or Christian religion has come will be damned for mortal sins or for idolatry, but not for the sin of unbelief, as St. Thomas (Secunda Secundae, as above) says, namely, that if they do what in them lies, accompanied by a good life according to the law of nature, it is consistent with God's providence and He will illuminate them regarding the name of Christ, but it does not therefore follow that if their life be bad, ignorance or unbelief in baptism and the Christian faith may be imputed to them as a sin. 10. Second proposition: The Indians in question are not bound, directly the Christian faith is announced to them, to believe it, in such a way that they commit mortal sin by not believing it, merely because it has been declared and announced to them that Christianity is the true religion and that Christ is the Saviour and Redeemer of the world, without miracle or any other proof or persuasion. This proposition is proved by the first: For if before hearing anything of the Christian religion they were excused, they are put under no fresh obligation by a simple declaration and announcement of this kind, for such announcement is no proof or incentive to belief. Nay, as Cajetan says (on Secunda Secundae, qu. 1, art. 4), it would be rash and imprudent for any one to believe anything, especially in matters which concern salvation, unless he knows that this is asserted by a man worthy of credence, a thing which the aboriginal Indians do not know, seeing that they do not know who or what manner of men they are who are announcing the new religion to them. And this is confirmed by what St. Thomas says (Secunda Secundae, qu. 1, art. 4, on obj. 2, and art. 5, on obj. 1), namely, that matters of faith are seen and become evident by reason of their credibility. For a believer would not believe unless he saw that the things were worthy of belief either because of the evidence of signs or for some other reason of this kind. Therefore, where there are no such signs nor anything else of persuasive force, the aborigines are not bound to believe. And this is confirmed by the consideration that if the Saracens were at the same time to set their creed before them in the same way and without anything more, like the Christians, they would not be bound to believe them. as is certain. Therefore they are not bound to believe the Christians either, when without any moving or persuasive accompaniments they set the faith before them, for they are unable, and are not bound, to guess which of the two is the truer religion, unless a greater weight of probability be apparent on one side. For this would be to believe hastily, which is a mark of levity of heart, as Ecclesiasticus, ch. 19, says. Further confirmation is furnished by the passage in St. John, ch. 15: "If I had not wrought signs," etc., "they would not have had sin." Therefore, where there are no signs, and nothing to induce belief, there will be no sin. 11. From this proposition it follows that, if the faith be presented to the Indians in the way named only and they do not receive it, the Spaniards can not make this a reason for waging war on them or for proceeding against them under the law of war. This is manifest, because they are innocent in this respect and have done no wrong to the Spaniards. And this corollary receives confirmation from the fact that, as St. Thomas lays it down (Secunda Secundae, qu. 40, art. 1), for a just war "there must be a just cause, namely, they who are attacked for some fault must deserve the attack." Accordingly, St. Augustine says (Liber 83 Quaestionum): "It is involved in the definition of a just war that some wrong is being avenged, as where a people or state is to be punished for neglect to exact amends from its citizens for their wrongdoing or to restore what has been wrongfully taken away." Where, then, no wrong has previously been committed by the Indians, there is no cause of just war. This is the received opinion of all the doctors, not only of the theologians, but also of the jurists, such as Hostiensis, Innocent, and others. Cajetan (Secunda Secundae, qu. 66, art. 8) lays it down clearly and I know of no doctor whose opinion is to the contrary. Therefore this would not be a legitimate title to seize the lands of the aborigines or to despoil the former owners. 12. Third proposition: If the Indians, after being asked and admonished to hear the peaceful preachers of religion, refused, they would not be excused of mortal sin. The proof lies in the supposition that they have very grave errors for which they have no probable or demonstrable reasons. Therefore, if any one admonishes them to hear and deliberate upon religious matters, they are bound at least to hear and to enter into consultation. Further, it is needful for their salvation that they believe in Christ and be baptized (St. Mark, last ch.), "Whoso believeth," etc. But they can not believe unless they hear (Romans, ch. 10). Therefore they are bound to hear, otherwise if they are not bound to hear, they would, without their own fault, be outside the pale of salvation. 13. Fourth proposition: If the Christian faith be put before the aborigines with demonstration, that is, with demonstrable and reasonable arguments, and this be accompanied by an upright life, well-ordered according to the law of nature (an argument which weighs much in confirmation of the truth), and this be done not once only and perfunctorily, but diligently and zealously, the aborigines are bound to receive the faith of Christ under penalty of mortal sin. This is proved by our third proposition, for, if they are bound to hear, they are in consequence bound also to acquiesce in what they hear, if it be reasonable. This is abundantly clear from the passage (St. Mark, last ch.): "Go ye out into all the world, preach the Gospel to every creature; whoso believeth and is baptized shall be saved, but whoso believeth not shall be damned"; and by the passage (Acts, ch. 4): "No other name is given unto man whereby we can be saved." 14. Fifth proposition: It is not sufficiently clear to me that the Christian faith has yet been so put before the aborigines and announced to them that they are bound to believe it or commit fresh sin. I say this because (as appears from my second proposition) they are not bound to believe unless the faith be put before them with persuasive demonstration. Now, I hear of no miracles or signs or religious patterns of life; nay, on the the other hand, I hear of many scandals and cruel crimes and acts of impiety. Hence it does not appear that the Christian religion has been preached to them with such sufficient propriety and piety that they are bound to acquiesce in it, although many religious and other ecclesiastics seem both by their lives and example and their diligent preaching to have bestowed sufficient pains and industry in this business, had they not been hindered therein by others who had other matters in their charge. 15. Sixth proposition: Although the Christian faith may have been announced to the Indians with adequate demonstration and they have refused to receive it, yet this is not a reason which justifies making war on them and depriving them of their property. This conclusion is definitely stated by St. Thomas (Secunda Secundae, qu. 10, art. 8), where he says that unbelievers who have never received the faith, like Gentiles and Jews, are in no wise to be compelled to do so. This is the received conclusion of the doctors alike in the canon law and the civil law. The proof lies in the fact that belief is an operation of the will. Now, fear detracts greatly from the voluntary (Ethics, bk. 3), and it is a sacrilege to approach under the influence of servile fear as far as the mysteries and sacraments of Christ. Our conclusion is also proved by the canon de Judaeis (can. 5, Dist. 45), which says: "The holy synod also enjoins concerning the Jews that thenceforth force be not applied to any of them to make him believe; 'for God has compassion on whom He wills, and whom He wills He hardens.'" There is no doubt about the doctrine of the Council of Toledo, that threats and fears should not be employed against the Jews in order to make them receive the faith. And Gregory expressly says the same in the canon qui sincera (can. 3, Dist. 45): "Who with sincerity of purpose," says he, "desires to bring into the perfect faith those who are outside the Christian religion should labor in a manner that will attract and not with severity; ... for whosoever does otherwise and under cover of the latter would turn them from their accustomed worship and ritual is demonstrably furthering his own end thereby and not God's end." Our proposition receives further proof from the use and custom of the Church. For never have Christian Emperors, who had as advisors the most holy and wise Pontiffs, made war on unbelievers for their refusal to accept the Christian religion. Further, war is no argument for the truth of the Christian faith. Therefore the Indians can not be induced by war to believe, but rather to feign belief and reception of the Christian faith, which is monstrous and a sacrilege. And although Scotus (Bk. 4, dist. 4, last qu.) calls it a religious act for princes to compel unbelievers by threats and fears to receive the faith, yet he seems to mean this to apply only to unbelievers who in other respects are subjects of Christian princes (with whom we will deal later on). Now, the Indians are not such subjects. Hence, I think that Scotus does not make this assertion applicable to their case. It is clear, then, that the title which we are now discussing is not adequate and lawful for the seizure of the lands of the aborigines. Another, and a fifth, title is seriously put forward, namely, the sins of these Indian aborigines. For it is alleged that, though their unbelief or their rejection of the Christian faith is not a good reason for making war on them, yet they may be attacked for other mortal sins which (so it is said) they have in numbers, and those very heinous. A distinction is here drawn with regard to mortal sins, it being asserted that there are some sins, which are not against the law of nature, but only against positive divine law, and for these the aborigines can not be attacked in war, while there are other sins against nature, such as cannibalism, and promiscuous intercourse with mother or sisters and with males, and for these they can be attacked in war and so compelled to desist therefrom. The principle in each case is that, in the case of sins which are against positive law, it can not be clearly shown to the Indians that they are doing wrong, whereas in the case of the sins which are against the law of nature, it can be shown to them that they are offending God, and they may consequently be prevented from continuing to offend Him. Further they can be compelled to keep the law which they themselves profess. Now, this law is the law of nature. Therefore. This is the opinion of the Archbishop of Florence (pt. 3, tit. 22, ch. 5, § 8), following Augustinus Anconitanus, and of Sylvester (under the word Papa, § 7); and it is the opinion of Innocent in X, 3, 34, 8, where he expressly says: "I hold that if the Gentiles who have no other law than the law of nature break that law, they can be punished by the Pope. This is shown by the case of the men of Sodom, who were punished by God (Genesis, ch. 19). Now, the judgments of God are examples unto us, and so I do not see why the Pope, who is the vicar of Christ, can not do this." This is what Innocent said. And on the same principle the Indians can be punished by Christian princes under the authority of the Pope. 16. I, however, assert the following proposition: Christian princes can not, even by the authorization of the Pope, restrain the Indians from sins against the law of nature or punish them because of those sins. My first proof is that the writers in question build on a false hypothesis, namely, that the Pope has Jurisdiction over the Indian aborigines, as said above. My second proof is as follows: They mean to Justify such coercion either universally for sins against the law of nature, such as theft, fornication, and adultery, or particularly for sins against nature, such as those which St. Thomas deals with (Secunda Secundae, qu. 154, arts. 11, 12), the phrase "sin against nature" being employed not only of what is contrary to the law of nature, but also of what is against the natural order and is called uncleanness in II Corinthians, ch. 12, according to the commentators, such as intercourse with boys and with animals or intercourse of woman with woman, whereon see Romans, ch. 1. Now, if they limit themselves to the second meaning, they are open to the argument that homicide is just as grave a sin, and even a graver sin, and, therefore, it is clear that, if it is lawful in the case of the sins of the kind named, therefore it is lawful also in the case of homicide. Similarly, blasphemy is a sin as grave and so the same is clear; therefore. If, however, they are to be understood in the first sense, that is, as speaking of all sin against the law of nature, the argument against them is that the coercion in question is not lawful for fornication; therefore not for the other sins which are contrary to the law of nature. The antecedent is clear from I Corinthians, ch. 5: "I wrote to you in an epistle not to company with fornicators," and besides "If any brother among you is called a fornicator or an idolater," etc.; and lower down: "For what have I to do to judge them also that are without?" Whereon St. Thomas says: "The prelates have received power over those only who have submitted themselves to the faith." Hence it clearly appears that St. Paul declares it not his business to pronounce judgment on unbelievers and fornicators and idolaters. So also it is not every sin against the law of nature that can be clearly shown to be such, at any rate to every one. Further, this is as much as to say that the aborigines may be warred into subjection because of their unbelief, for they are all idolaters. Further, the Pope can not make war on Christians on the ground of their being fornicators or thieves or, indeed, because they are sodomites; nor can he on that ground confiscate their land and give it to other princes; were that so, there would be daily changes of kingdoms, seeing that there are many sinners in every realm. And this is confirmed by the consideration that these sins are more heinous in Christians, who are aware that they are sins, than in barbarians, who have not that knowledge. Further, it would be a strange thing that the Pope, who can not make laws for unbelievers, can yet sit in judgment and visit punishment upon them. A further and convincing proof is the following: The aborigines in question are either bound to submit to the punishment awarded to the sins in question or they are not. If they are not bound, then the Pope can not award such punishment. If they are bound, then they are bound to recognize the Pope as lord and lawgiver. Therefore, if they refuse such recognition, this in itself furnishes a ground for making war on them, which, however, the writers in question deny, as said above. And it would indeed be strange that the barbarians could with impunity deny the authority and jurisdiction of the Pope, and yet that they should be bound to submit to his award. Further, they who are not Christians can not be subjected to the judgment of the Pope, for the Pope has no other right to condemn or punish them than as vicar of Christ. But, the writers in question admit -- both Innocent and Augustinus of Ancona, and the Archbishop and Sylvester, too -- that they can not be punished because they do not receive Christ. Therefore not because they do not receive the judgment of the Pope, for the latter presupposes the former. The insufficiency alike of this present title and of the preceding one, is shown by the fact that, even in the Old Testament, where much was done by force of arms, the people of Israel never seized the land of unbelievers either because they were unbelievers or idolaters or because they were guilty of other sins against nature (and there were people guilty of many such sins, in that they were idolaters and committed many other sins against nature, as by sacrificing their sons and daughters to devils), but because of either a special gift from God or because their enemies had hindered their passage or had attacked them. Further, what is it that the writers in question call a profession of the law of nature? If it is mere knowledge, they do not know it all; if it is a mere willingness to observe the law of nature, then the retort is that they are also willing to observe the whole divine law; for, if they knew that the law of Christ was divine, they would be willing to observe it. Therefore, they make no more a profession of the law of nature than they make of the law of Christ. Further, we certainly possess clearer proofs whereby to demonstrate that the law of Christ is From God and is true than to demonstrate that fornication is wrong or that other things which are also forbidden by natural law are to be shunned.* Therefore, if the Indians can be compelled to observe the law of nature because it admits of proof, they can therefore, be compelled to observe the Gospel law. There remains another, a sixth title, which is put forward, namely, by voluntary choice. For on the arrival of the Spaniards we find them declaring to the aborigines how the King of Spain has sent them for their good and admonishing them to receive and accept him as lord and king; and the aborigines replied that they were content to do so. Now, "there is nothing so natural as that the intent of an owner to transfer his property to another should have effect given to it" (Inst., 2, 1, 40). I, however, assert the proposition that this title, too, is insufficient. This appears, in the first place, because fear and ignorance, which vitiate every choice, ought to be absent. But they were markedly operative in the cases of choice and acceptance under consideration, for the Indians did not know what they were doing; nay, they may not have understood what the Spaniards were seeking. Further, we find the Spaniards seeking it in armed array from an unwarlike and timid crowd. Further, inasmuch as the aborigines, as said above, had real lords and princes, the populace could not procure new lords without other reasonable cause, this being to the hurt of their former lords. Further, on the other hand, these lords themselves could not appoint a new prince without the assent of the populace. Seeing, then, that in such cases of choice and acceptance as these there are not present all the requisite elements of a valid choice, the title under review is utterly inadequate and unlawful for seizing and retaining the provinces in question. There is a seventh title which can be set up, namely, by special grant from God. For some (I know not who) assert that the Lord by His especial judgment condemned all the barbarians in question to perdition because of their abominations and delivered them into the hands of the Spaniards, Just as of old He delivered the Canaanites into the hands of the Jews. I am loath to dispute hereon at any length, for it would be hazardous to give credence to one who asserts a prophecy against the common law and against the rules of Scripture, unless his doctrine were confirmed by miracles. Now, no such are adduced by prophets of this type. Further, even assuming that it is true that the Lord had determined to bring the barbarians to perdition, it would not follow, therefore, that he who wrought their ruin would be blameless, any more than the Kings of Babylon who led their army against Jerusalem and carried away the children of Israel into captivity were blameless, although in actual fact all of this was by the especial providence of God, as had often been foretold to them. Nor was Jeroboam right in drawing Israel away from Rehoboam, although this was done by God's design, as the Lord had also threatened by his prophet. And, would that, apart from the sin of unbelief, there might be no greater sins in morals among certain Christians than there are among those barbarians! It is also written (I St. John, ch. 4): " Believe not every spirit, but try the spirits whether they be of God;" and as St. Thomas says (Prima Secundae, qu. 68), "Gifts are given by the Holy Spirit for the perfecting of virtues." Accordingly, where faith or authority or providence shows what ought to be done, recourse should not be had to gifts. Let this suffice about false and inadequate titles to seize the lands of the Indians. But it is to be noted that I have seen nothing written on this question and have never been present at any discussion or council on this matter. Hence it may be that others may found a title and base the justice of this business and overlordship on some of the passages cited and not lack reason in so doing. I, however, have up to now been unable to form any other opinion than what I have written. And so, if there be no other titles than those which I have discussed, it would certainly be of ill omen for the safety of our princes, or rather of those who are charged with the discovery of these matters; for princes follow advice given by others, being unable to examine into these matters for themselves. "What is a man advantaged" so saith the Lord, "if he gain the whole world and lose himself, or be cast away?" (St. Matthew, ch. 16; St. Mark, ch. 8; St. Luke, ch. 9.) SUMMARY OF THE THIRD SECTION. On the lawful titles whereby the aborigines of America could have cone into the power of Spain. 1. How the aborigines might have come into the power of the Spaniards on the ground of natural society and fellowship. 2. The Spaniards have a right to travel to the lands of the Indians and to sojourn there so long as they do no harm, and they can not be prevented by the Indians. 3. The Spaniards may carry on trade among the Indian aborigines, so long as they do no harm to their own country, by importing the goods which the aborigines lack, etc., and taking away gold and silver and other articles in which the Indians abound; and the princes of the Indians can not prevent their subjects from trading with the Spaniards, etc. 4. the Indians can not prevent the Spaniards from a communication and participation in those things which they treat as common alike to natives and to strangers. 5. Any children born to Spanish parents domiciled in those parts who wish to become citizens thereof can not be excluded from citizenship or from the advantages enjoyed by other citizens. 6. What course ought to be adopted if the aborigines desire to prevent the Spaniards trading with there, etc. 7. If the Spaniards, after resort to all moderate measures, can not attain security among the aborigines or Indians save by seizing their cities and reducing them to subjection, whether they can lawfully do this. 8. When and in what case the Spaniards can resort to severe measures against the Indians, treating them as faithless foes, and employ all the rights of war against them and take away their property and even reduce them to captivity, aye, and depose their former lords also and set up new lords. 9. Whether the Indians could have come under the sway of the Spaniards, in the interest of the spread of Christianity. Christians have a right to preach and publish the Gospel in the lands of barbarians. 10. The Pope could entrust to the Spaniards alone the task of converting the Indian aborigines and could forbid to all others not only preaching, but trade too, if the propagation of Christianity would thus be furthered. 11. The Indians are not to be warred into subjection or despoiled of their property, if they give the Spaniards unhindered freedom to preach the Gospel, and this whether they accept the faith or not. 12. How the aborigines who hinder the spread of the Gospel, whether it be their lords or the populace, may be coerced by the Spaniards, so long as no scandal is caused. And what is to be said of those who, while admitting preaching, prevent conversion, either by killing or punishing or terrorizing those who have been converted to Christianity? 13. How the Indians might have come under the sway of the Spaniards by the fact that, when they had been converted and become Christians, their princes desired to bring them back to idolatry by force or by fear, and so they were taken into the protection and guardianship of the Spaniards. 14. The Indians might have come under the sway of the Spaniards by the fact that, after the conversion of a large part of them to Christianity, the Pope, either with or without a request on their part, might on reasonable grounds have given them a Christian prince, such as the King of Spain, and driven out their infidel lords. 15. Whether the Indians could have come under the sway of the Spaniards because of the tyranny of their lords or because of tyrannical laws which injured innocent folk. 16. The Indian aborigines could have come under the sway of the Spaniards through true and voluntary choice. 17. The Indians might have come under the sway of the Spaniards by a title of alliance and friendship. 18. Whether the Spaniards could have reduced the Indians into their power, if it were certainly clear that they were of defective intelligence. I will now speak of the lawful and adequate titles whereby the Indians might have come under the sway of the Spaniards. (1) The first title to be named is that of natural society and fellowship. And hereon let my first conclusion be: (2) The Spaniards have a right to travel into the lands in question and to sojourn there, provided they do no harm to the natives, and the natives may not prevent them. Proof of this may in the first place be derived from the law of nations (jus gentium), which either is natural law or is derived from natural law (Inst., 1, 2, 1): "What natural reason has established among all nations is called the jus gentium." For, congruently herewith, it is reckoned among all nations inhumane to treat visitors and foreigners badly without some special cause, while, on the other hand, it is humane and correct to treat visitors well; but the case would be different, if the foreigners were to misbehave when visiting other nations. Secondly, it was permissible from the beginning of the world (when everything was in common) for any one to set forth and travel wheresoever he would. Now this was not taken away by the division of property, for it was never the intention of peoples to destroy by that division the reciprocity and common user which prevailed among men, and indeed in the days of Noah it would have been inhumane to do so. Thirdly, everything is lawful which is not prohibited or which is not injurious or hurtful to others in some other way. But (so we suppose) the travel of the Spaniards does no injury or harm to the natives. Therefore it is lawful. Fourthly, it would not be lawful for the French to prevent the Spanish from traveling or even from living in France, or vice versa, provided this in no way enured to their hurt and the visitors did no injury. Therefore it is not lawful for the Indians. Further, fifthly, banishment is one of the capital forms of punishment. Therefore it is unlawful to banish strangers who have committed no fault. Further, sixthly, to keep certain people out of the city or province as being enemies, or to expel them when already there, are acts of war. Inasmuch, then, as the Indians are not making a just war on the Spaniards (it being assumed that the Spaniards are doing no harm), it is not lawful for them to keep the Spaniards away from their territory. Further, seventhly, there is the Poet's verse, Quod genus hoc hominum? quaeve hunc tam barbara morem Permittit patria? hospitio prohibemur arenae. [What race of men is this? or what country is barbarous enough to allow this usage? We are driven off from the hospitality of its shore.] Also, eighthly, "Every animal loveth its kind" (Ecclesiasticus, ch. 15). Therefore, it appears that friendship among men exists by natural law and it is against nature to shun the society of harmless folk. Also, ninthly, there is the passage (St. Matthew, ch. 25): "I was a stranger and ye took me not in." Hence, as the reception of strangers seems to be by natural law, that Judgment of Christ will be pronounced with universal application. Tenthly, "by natural law running water and the sea are common to all, so are rivers and harbors, and by the law of nations ships from all parts may be moored there" (Inst., 2, 1); and on the same principle they are public things. Therefore it is not lawful to keep any one from them. Hence it follows that the aborigines would be doing a wrong to the Spaniards, if they were to keep them from their territories. Also, eleventhly, these very persons admit all other barbarians from all parts. Therefore, they would be doing a wrong, if they were not to admit the Spaniards. Also, twelfthly, if it were not lawful for the Spaniards to travel among them, this would be either by natural law or by divine law or by human law. Now, it is certainly lawful by natural and by divine law. And if there were any human law which without any cause took away rights conferred by natural and divine law, it would be inhumane and unreasonable and consequently would not have the force of law. Thirteenthly, either the Spaniards are subjects of the Indians or they are not. If they are not, then the Indians can not keep them away. If they are, then the Indians ought to treat them well. Also, fourteenthly, the Spaniards are the neighbors of the barbarians, as appears from the Gospel parable of the Samaritan (St. Luke, ch. 10). But they are bound to love their neighbors as themselves (St. Matthew, ch. 22). Therefore they may not keep them away from their country without cause: "When it is said 'Love thy neighbour,' it is dear that every man is our neighbour" (St. Augustine's De doctrina Christiana). 3. Second proposition: The Spaniards may lawfully carry on trade among the native Indians, so long as they do no harm to their country, as, for instance, by importing thither wares which the natives lack and by exporting thence either gold or silver or other wares of which the natives have abundance. Neither may the native princes hinder their subjects from carrying on trade with the Spanish; nor, on the other hand, may the princes of Spain prevent commerce with the natives. This is proved by means of my first proposition. Firstly, because it is an apparent rule of the jus gentium that foreigners may carry on trade, provided they do no hurt to citizens. Also, secondly, a similar proof lies in the fact that this is permitted by the divine law. Therefore a law prohibiting it would undoubtedly not be reasonable. Also, thirdly, the sovereign of the Indians is bound by the law of nature to love the Spaniards. Therefore the Indians may not causelessly prevent the Spaniards from making their profit where this can be done without injury to themselves. A fourth reason is that such conduct would be against the proverb: "Thou shall not do to another what thou wouldest not wish done to thyself." And, in sum, it is certain that the aborigines can no more keep off the Spaniards from trade than Christians can keep off other Christians. Now, it is clear that if the Spaniards kept off the French from trade with the Spaniards, and this not for the good of Spain, but in order to prevent the French from sharing in some advantage, that practice would offend against righteousness and charity. If, then, there can be no just legal ordinance to this effect, it also can not be accomplished in actual fact (for the injustice of a law consists solely in the execution of the law). And, as is said in Dig., 1, 1, 3, "Nature has established a bond of relationship between all men," and so it is contrary to natural law for one man to dissociate himself from another without good reason. "Man," says Ovid, "is not a wolf to his fellow man, but a man." 4. Third proposition: If there are among the Indians any things which are treated as common both to citizens and to strangers, the Indians may not prevent the Spaniards from a communication and participation in them. If, for example, other foreigners are allowed to dig for gold in the land of the community or in rivers, or to fish for pearls in the sea or in a river, the natives can not prevent the Spaniards from doing this, but they have the same right to do it as others have, so long as the citizens and indigenous population are not hurt thereby. This is proved by my first and second propositions. For if the Spaniards may travel and trade among them, they may consequently make use of the laws and advantages enjoyed by all foreigners. Secondly, inasmuch as things that belong to nobody are acquired by the first occupant according to the law of nations (Inst., 2, 1, 12), it follows that if there be in the earth gold or in the sea pearls or in a river anything else which is not appropriated by the law of nations those will vest in the first occupant, just as the fish in the sea do. And, indeed, there are many things in this connection which issue from the law of nations, which, because it has a sufficient derivation from natural law, is clearly capable of conferring rights and creating obligations. And even if we grant that it is not always derived from natural law, yet there exists clearly enough a consensus of the greater part of the whole world, especially in behalf of the common good of all. For if after the early days of the creation of the world or its recovery from the flood the majority of mankind decided that ambassadors should everywhere be reckoned inviolable and that the sea should be common and that prisoners of war should be made slaves, and if this, namely, that strangers should not be driven out, were deemed a desirable principle, it would certainly have the force of law, even though the rest of mankind objected thereto. 5. Fourth proposition: If children of any Spaniard be born there and they wish to acquire citizenship, it seems they can not be barred either from citizenship or from the advantages enjoyed by other citizens -- I refer to the case where the parents had their domicile there. The proof of this is furnished by the rule of the law of nations, that he is to be called and is a citizen who is born within the state (Cod., 7, 62, 11). And the confirmation lies in the fact that, as man is a civil animal, whoever is born in any one state is not a citizen of another state. Therefore, if he were not a citizen of the state referred to, he would not be a citizen of any state, to the prejudice of his rights under both natural law and the law of nations. Aye, and if there be any persons who wish to acquire a domicile in some state of the Indians, as by marriage or in virtue of any other fact whereby other foreigners are wont to become citizens, they can not be impeded any more than others, and consequently they enjoy the privileges of citizens just as others do, provided they also submit to the burdens to which others submit. And the passages wherein hospitality is commended are to the same effect (I St. Peter, ch. 4): "Use hospitality one to another"; and (I Timothy, ch. 3, about a bishop): "A bishop must be given to hospitality." Hence, on the other hand, refusal to receive strangers and foreigners is wrong in itself. 6. Fifth proposition: If the Indian natives wish to prevent the Spaniards from enjoying any of their above-named rights under the law of nations, for instance, trade or other above-named matter, the Spaniards ought in the first place to use reason and persuasion in order to remove scandal and ought to show in all possible methods that they do not come to the hurt of the natives, but wish to sojourn as peaceful guests and to travel without doing the natives any harm; -and they ought to show this not only by word, but also by reason, according to the saying, "It behoveth the prudent to make trial of everything by words first." But if, after this recourse to reason, the barbarians decline to agree and propose to use force, the Spaniards can defend themselves and do all that consists with their own safety, it being lawful to repel force by force. And not only so, but, if safety can not otherwise be had, they may build fortresses and defensive works, and, if they have sustained a wrong, they may follow it up with war on the authorization of their sovereign and may avail themselves of the other rights of war. The proof hereof lies in the fact that warding-off and avenging a wrong make a good cause of war, as said above, following St. Thomas (Secunda Secundæ, qu. 40). But when the Indians deny the Spaniards their rights under the law of nations they do them a wrong. Therefore, if it be necessary, in order to preserve their right, that they should go to war, they may lawfully do so. It is, however, to be noted that the natives being timid by nature and in other respects dull and stupid, however much the Spaniards may desire to remove their fears and reassure them with regard to peaceful dealings with each other, they may very excusably continue afraid at the sight of men strange in garb and armed and much more powerful than themselves. And therefore, if, under the influence of these fears, they unite their efforts to drive out the Spaniards or even to slay them, the Spaniards might, indeed, defend themselves but within the limits of permissible self-protection, and it would not be right for them to enforce against the natives any of the other rights of war (as, for instance, after winning the victory and obtaining safety, to slay them or despoil them of their goods or seize their cities), because on our hypothesis the natives are innocent and are justified in feeling afraid. Accordingly, the Spaniards ought to defend themselves, but so far as possible with the least damage to the natives, the war being a purely defensive one. There is no inconsistency, indeed, in holding the war to be a just war on both sides, seeing that on one side there is right and on the other side there is invincible ignorance. For instance, just as the French hold the province of Burgundy with demonstrable ignorance, in the belief that it belongs to them, while our Emperor's right to it is certain, and he may make war to regain it, just as the French may defend it, so it may also befall in the case of the Indians -- a point deserving careful attention. For the rights of war which may be invoked against men who are really guilty and lawless differ from those which may be invoked against the innocent and ignorant, just as the scandal of the Pharisees is to be avoided in a different way from that of the self-distrustful and weak. 7. Sixth proposition: If after recourse to alt other measures, the Spaniards are unable to obtain safety as regards the native Indians, save by seizing their cities and reducing them to subjection, they may lawfully proceed to these extremities. The proof lies in the fact that "peace and safety are the end and aim of war," as St. Augustine says, writing to Boniface. And since it is now lawful for the Spaniards, as has been said, to wage defensive war or even if necessary offensive war, therefore, everything necessary to secure the end and aim of war, namely, the obtaining of safety and peace, is lawful, 8. Seventh proposition: If, after the Spaniards have used all diligence, both in deed and in word, to show that nothing will come from them to interfere with the peace and well-being of the aborigines, the latter nevertheless persist in their hostility and do their best to destroy the Spaniards, then they can make war on the Indians, no longer as on innocent folk, but as against forsworn enemies, and may enforce against them all the rights of war, despoiling them of their goods, reducing them to captivity, deposing their former lords and setting up new ones, yet withal with observance of proportion as regards the nature of the circumstances and of the wrongs done to them. This conclusion is sufficiently apparent from the fact that, if it be lawful to declare the war, it is consequently lawful to pursue the rights of war. And it is confirmed by the consideration that the aborigines ought not to hold a better position merely because they are unbelievers. But all the things enumerated would be lawful against Christians, when once a just war has arisen. Therefore they are lawful against the aborigines, too. Also, it is a universal rule of the law of nations that whatever is captured in war becomes the property of the conqueror, as is laid down in Dig., 49, 15, 28 and 24, and in Decretum, pt. 1, dist. 1, can. 9, and more expressly in Inst., 2, 1, 17, where it is said that "by the law of nations whatever we take from the enemy becomes ours at once, to such an extent that even men may be brought into slavery to us. Further (as the doctors say on the topic of war), a prince who has on hand a just war is ipso jure the judge of his enemies and can inflict a legal punishment on them, condemning them according to the scale of their wrongdoing. Everything said above receives confirmation from the fact that ambassadors are by the law of nations inviolable and the Spaniards are the ambassadors of Christian peoples. Therefore, the native Indians are bound to give them, at least, a friendly hearing and not to repel them. This, then, is the first title which the Spaniards might have for seizing the provinces and sovereignty of the natives, provided the seizure be without guile or fraud and they do not look for imaginary causes of war. For if the natives allow the Spaniards to traffic peaceably among them, the Spaniards could not allege in this connection any just cause for seizing their goods any more than the goods of Christians. 9. Another possible title is by way of propagation of Christianity. In this connection let my first proposition be: Christians have a right to preach and declare the Gospel in barbarian lands. This proposition is manifest from the passage: "Preach the Gospel to every creature," etc., and also, "The word of the Lord is not bound" (II Timothy, ch. 2). Secondly, our proposition is dear from what has been already said, for if the Spaniards have a right to travel and trade among the Indians, they can teach the truth to those willing to hear them, especially as regards matters pertaining to salvation and happiness, much more than as regards matters pertaining to any human subject of instruction. Thirdly, because the natives would otherwise be outside the pale of salvation, if Christians were not allowed to go to them carrying the Gospel message. Fourthly, because brotherly correction is required by the law of nature, just as brotherly love is. Since, then, the Indians are all not only in sin, but outside the pale of salvation, therefore, it concerns Christians to correct and direct them; nay, it seems that they are bound to do so. Fifthly and lastly, because they are our neighbors, as said above: "Now the Lord has laid a command on everyone concerning his neighbour" (Ecclesiasticus, ch. 17). Therefore it concerns Christians to instruct those who are ignorant of these supremely vital matters. 10. Second proposition: Although this is a task common and permitted to all, yet the Pope might entrust it to the Spaniards and forbid it to all others. The proof is in the fact that, although (as said above) the Pope is not temporal lord, yet he has power in matters temporal when this would subserve matters spiritual. Therefore, as it is the Pope's concern to bestow especial care on the propagation of the Gospel over the whole world, he can entrust it to the Spaniards to the exclusion of all others, if the sovereigns of Spain could render more effective help in the spread of the Gospel in those parts; and not only could the Pope forbid others to preach, but also to trade there, if this would further the propagation of Christianity, for he can order temporal matters in the manner which is most helpful to spiritual matters. And if in this case that is how spiritual matters would be best helped, it consequently falls within the authority and power of the supreme Pontiff. But it seems that in this case this is the course most conducive to spiritual welfare, because, if there was to be an indiscriminate inrush of Christians from other parts to the part in question, they might easily hinder one another and develop quarrels, to the banishment of tranquillity and the disturbance of the concerns of the faith and of the conversion of the natives. Further, inasmuch as it was the sovereigns of Spain who were the first to patronize and pay for the navigation of the intermediate ocean, and as they then had the good fortune to discover the New World, it is just that this travel should be forbidden to others and that the Spaniards should enjoy alone the fruits of their discovery. For, just as in the interests of the preservation of the peace among princes and of the spread of religion the Pope could make such a distribution of the land of the Saracens among Christian princes as would prevent one from crossing over the lands of another, so also for the good of religion he could appoint princes, especially where there were aforetime no Christian princes. 11. Third proposition: If the Indians allow the Spaniards freely and without hindrance to preach the Gospel, then whether they do or do not receive the faith, this furnishes no lawful ground for making war on them and seizing in any other way their lands. This has been proved above, where we confuted the fourth alleged title, and it is self-evident, seeing that there can not be a just war where no wrong has previously been done (Secunda Secundae, qu. 40, art. 1). 12. Fourth proposition: If the Indians -- whether it be their lords or the populace -- prevent the Spaniards from freely preaching the Gospel, the Spaniards, after first reasoning with them in order to remove scandal, may preach it despite their unwillingness and devote themselves to the conversion of the people in question, and if need be they may then accept or even make war, until they succeed in obtaining facilities and safety for preaching the Gospel. And the same pronouncement must be made in the case where they allow preaching, but hinder conversion either by killing or otherwise punishing those who have been converted to Christ or by deterring others by threats and fears. This is clear, because herein the Indians would be doing an injury to the Spaniards (as appears from what has already been said) and these would have a just cause of war. A second reason is that an obstacle would thereby be put in the way of the welfare of the Indians themselves such as their princes have no right to put there. Therefore, in favor of those who are oppressed and suffer wrong, the Spaniards can make war, especially as such vitally important interests are at stake. This proposition demonstrates that, if there is no other way to carry on the work of religion, this furnishes the Spaniards with another justification for seizing the lands and territory of the natives and for setting up new lords there and putting down the old lords and doing in right of war everything which it is permitted in other just wars, but always with a regard for moderation and proportion, so as to go no further than necessity demands, preferring to abstain from what they lawfully might do rather than transgress due limits, and with an intent directed more to the welfare of the aborigines than to their own gain. Careful attention must, however, be paid to what St. Paul says (I Corinthians, ch. 6): "All things are lawful unto me, but not all things are expedient." So everything said above must be taken as spoken absolutely. For it may be that these wars and massacres and spoliations will hinder rather than procure and further the conversion of the Indians. Accordingly, the prime consideration is that no obstacle be placed in the way of the Gospel, and if any such be so placed, this method of evangelization must be abandoned and another one sought for. What we have been showing is what is lawful in itself. I personally have no doubt that the Spaniards were Bound to employ force and arms in order to continue their work there, but I fear measures were adopted in excess of what is allowed by human and divine law. The title under consideration might, then, be a second lawful title whereby the Indians might fall into the power of Spain. But regard must ever be had to what has just been said lest what in itself is lawful be made in the circumstances wrong, for goodness springs from the one complete cause, but badness from individual defects, according to Aristotle (Ethics, bk. 3) and Dionysius (De divinis nominibus, ch. 4). 13. Another title there may be, which is derived from the foregoing, namely: If any of the native converts to Christianity be subjected to force or fear by their princes in order to make them return to idolatry, this would justify the Spaniards, should other methods fail, in making war and in compelling the barbarians by force to stop such misconduct, and in employing the rights of war against such as continue obstinate, and consequently at times in deposing rulers as in other just wars. This can be reckoned a third just title, a title based not only on religion, but on human friendship and alliance, inasmuch as the native converts to Christianity have become friends and allies of Christians and we are under an obligation to do "good unto all men, especially unto such as are of the household of faith " (Galatians, ch. 6). 14. Another possible title is the following: Suppose a large part of the Indians were converted to Christianity, and this whether it were done lawfully or unlawfully (as by means of threats or fear or other improper procedure), so long as they really were Christians, the Pope might for a reasonable cause, either with or without a request from them, give them a Christian sovereign and depose their other unbelieving rulers. The proof hereof is in the fact that, if this were expedient in order to preserve Christianity because of a fear that under unbelieving rulers converts would apostatize, that is, would lapse from the faith, or that their rulers would seize the opportunity to harass them, the Pope can change rulers in the interests of the faith. And confirmation is found in the fact that, as the doctors assert and as St. Thomas expressly says (Secunda Secundae, qu. 10. art. 10), the Church could free all Christian slaves who are in bondage to unbelievers even if that bondage was in other respects lawful. Innocent expressly declares this, in the above-mentioned X, 3, 34, 8. Therefore much more will he be able to free other Christians who have been reduced to bondage but not as stringently as slaves. Confirmation hereof is also to be found in the fact that a wife is as much bound to her husband as a bondsman is to his lord, and even more so, seeing that marriage is a tie of the divine law and bondage is not. But in the interests of the faith a believing wife is freed from an unbelieving husband, if he persecutes her for her religion, as appears from I Corinthians, ch. 7, and X, 4, 19, 7. Aye, the custom now is that by the very fact of one spouse being converted to the faith he or she is freed from the other who is an unbeliever. Therefore also the Church, in the interests of the faith and to avoid risks, may free an Christians from obedience and subjection to unbelieving lords, provided this be done without scandal. So we justify this fourth legal title. 15. Another possible title is founded either on the tyranny of those who bear rule among the aborigines of America or on the tyrannical laws which work wrong to innocent folk there, such as that which allows the sacrifice of innocent people or the killing in other ways of uncondemned. people for cannibalistic purposes. I assert also that without the Pope's authority the Spaniards can stop all such nefarious usage and ritual among the aborigines, being entitled to rescue innocent people from an unjust death. This is proved by the fact that "God has laid a charge on every individual concerning his neighbor," and they all are our neighbors. Therefore, any one may defend them from such tyrannical and oppressive acts, and it is especially the business of princes to do so. A further proof is given by Proverbs, ch. 24: "Deliver them that are drawn unto death, and forbear not to free those that are being dragged to destruction." This passage is not to be taken as applying only when victims are actually being dragged to death, but the natives can also be compelled to abstain from such ritual. And if they refuse, it is a good ground for making war on them and proceeding against them under the law of war, and if such sacrilegious rites can not otherwise be stopped, for changing their rulers and creating a new sovereignty over them. In this connection we find the opinion of Innocent and the Archbishop to be sound, namely, that punishment can be inflicted for sins against nature. And it is immaterial that all the Indians assent to rules and sacrifices of this kind and do not wish the Spaniards to champion them, for herein they are not of such legal independence as to be able to consign themselves or their children to death. So we may find a fifth lawful title here. 16. Another possible title is by true and voluntary choice, as if the Indians, aware alike of the prudent administration and the humanity of the Spaniards, were of their own motion, both rulers and ruled, to accept the King of Spain as their sovereign. This could be done and would be a lawful title, by the law natural too, seeing that a State can appoint any one it will to be its lord, and therefor the consent of all is not necessary, but the consent of the majority suffices. For, as I have argued elsewhere, in matters touching the good of the State the decisions of the majority bind even when the rest are of a contrary mind; otherwise naught could be done for the welfare of the State, it being difficult to get all of the same way of thinking. Accordingly, if the majority of any city or province were Christians and they, in the interests of the faith and for the common weal, would have a prince who was a Christian, I think that they could elect him even against the wishes of the others and even if it meant the repudiation of other unbelieving rulers, and I assert that they could choose a prince not only for themselves, but for the whole State, just as the Franks for the good of their State changed their sovereigns and, deposing Childeric, put Pepin, the father of Charlemagne, in his place, a change which was approved by Pope Zacharias. This, then, can be put forward as a sixth title. 17. Another title may be found in the cause of allies and friends. For as the Indians themselves sometimes wage lawful wars with one another and the side which has suffered a wrong has the right to make war, they might summon the Spaniards to help and share the rewards of victory with them. This is what the Tlaxcaltecs are said to have done against the Mexicans, the former arranging with the Spaniards to help them to overcome the latter and to receive whatever could fall to them under the law of war. For there is no doubt, as Cajetan also asserts (Secunda Secundae, qu. 40, art. 1), that the cause of allies and friends is a just cause of war, a State being quite properly able, as against foreign wrongdoers, to summon foreigners to punish its enemies. And this is confirmed by the fact that this was a method very much in vogue among the Romans for the extension of their Empire; that is, they brought aid to their allies and friends and so making a just war came, by right of war, into possession of fresh provinces. Yet the Roman Empire is approved by St. Augustine (De civitate Dei, bk. 5) and by St. Thomas (Opusculum 21) as a lawful one. And Sylvester reckoned Constantine the Great as Emperor, as St. Ambrose did Theodosius. Now, there does not seem any other juridic title whereby the Romans came into possession of the world, save in right of war, and the most especial cause of their wars was the defense and protection of their friends. In just the same way Abraham championed the cause of the King of Salem and of other kings who had struck a treaty with him, and he fought against four kings of that region, though they had done him personally no wrong (Genesis, ch. 14). This is the seventh and the last title whereby the Indians and their lands could have come or might come into the possession and lordship of Spain. 18. There is another title which can indeed not be asserted, but brought up for discussion, and some think it a lawful one. I dare not affirm it at all, nor do I entirely condemn it. It is this: Although the aborigines In question are (as has been said above) not wholly unintelligent, yet they are little short of that condition, and so are unfit to found or administer a lawful State up to the standard required by human and civil claims. Accordingly they have no proper laws nor magistrates, and are not even capable of controlling their family affairs; they are without any literature or arts, not only the liberal arts, but the mechanical arts also; they have no careful agriculture and no artisans; and they lack many other conveniences, yea necessaries, of human life. It might, therefore, be maintained that in their own interests the sovereigns of Spain might undertake the administration of their country, providing them with prefects and governors for their towns, and might even give them new lords, so long as this was clearly for their benefit. I say there would be some force in this contention; for if they were all wanting in intelligence, there is no doubt that this would not only be a permissible, but also a highly proper, course to take; nay, our sovereigns would be bound to take it, just as if the natives were infants. The same principle seems to apply here to them as to people of defective intelligence; and indeed they are no whit or little better than such so far as self-government is concerned, or even than the wild beasts, for their food is not more pleasant and hardly better than that of beasts. Therefore their governance should in the same way be entrusted to people of intelligence. There is clear confirmation hereof, for if by some accident of fortune all their adults were to perish and there were to be left boys and youths in enjoyment, indeed, of a certain amount of reason, but of tender years and under the age of puberty, our sovereigns would certainly be justified in taking charge of them and governing them so long as they were in that condition. Now, this being admitted, it appears undeniable that the same could be done in the case of their barbarian parents, if they be supposed to be of that dullness of mind which is attributed to them by those who have been among them and which is reported to be more marked among them than even among the boys and youths of other nations. And surely this might be founded on the precept of charity, they being our neighbors and we being bound to look after their welfare. Let this, however, as I have already said, be put forward without dogmatism and subject also to the limitation that any such interposition be for the welfare and in the interests of the Indians and not merely for the profit of the Spaniards. For this is the respect in which all the danger to soul and salvation lies. And herein some help might be gotten from the consideration, referred to above, that some are by nature slaves, for all the barbarians in question are of that type and so they may in part be governed as slaves are. Now, it seems to follow from all this discussion that, if there be no force in any of the titles which have been put forward, so that the native Indians neither gave cause for just war nor wished for Spanish rulers, etc., all the travel to, and trade with, those parts should be stopped, to the great loss of the Spaniards and also to the grave hurt of the royal treasury (a thing intolerable). My first answer to this is: There would be no obligation to stop trade, for, as already said, there are many commodities of which the natives have a superfluity and which the Spaniards could acquire by barter. Also there are many commodities which the natives treat as ownerless or as common to all who like to take them, and the Portuguese, to their own great profit, have a big trade with similar people without reducing them to subjection. Secondly, there would probably be no diminution in the amount of the royalties, for a tax might quite fairly be placed on the gold and silver which would be brought away from the Indians, as much as a fifth or even more, according to quality, and it would be well-earned, inasmuch as the maritime discovery was made by our sovereign and it is under his authority that trade is carried on in safety. Thirdly, it is evident, now that there are already so many native converts, that it would be neither expedient nor lawful for our sovereign to wash his hands entirely of the administration of the lands in question. 1. St. Thomas' Conclusio here is "Justae leges humanae obligant homines, in foro conscientiae ratione leges aeternae a qua derivantur." -- TRANSL. 2. This is founded on a mistranslation of the Hebrew; see A. V., Ps. 104, v. 17. -- TRANSL. 3. Victoria has Hieronymous here following the editio Romana of the Corpus Juris Canonici, which attributes this to St. Jerome. 4. St. John, ch. 18, v. 36. 5. Psalm 24, v. l. 6. St. Matthew, ch. 28, v. 18. 7. I Pet., ch. 5. 8. St. John, ch. 21, v. 17. 9. St. Mark, ch. 16. v. 16. 10. Summa aurea sententiarum: Paris edition (1500), fol. CXXXV, col. 4 at end. 11. De Sacramentis Christianae fidei. 12. Romans, ch. 9, v. 18. * Otherwise to be blamed. 13. St. Mark, ch. 16, v. 15. 14. In the immediately preceding section. 15. The reference to Aristotle can not be traced with certainty; but the text follows Dionysius closely. He wrote, literally translated, "The good is from the one and complete (mia kai ol) cause but the bad from many and partial defects." -- TRANSL. 16. Ecclesiasticus, ch. 17, v. 12. ____________ THE SECOND RELECTIO OF THE REVEREND FATHER, BROTHER FRANCISCUS DE VICTORIA, ON THE INDIANS, OR ON THE LAW OF WAR MADE BY THE SPANIARDS ON THE BARBARIANS. SUMMARY. 1. Christians may serve in war and make war. 2. In whose hands lies the authority to make or declare war? 3. Anyone, even a private person, can accept and wage a defensive war. 4. Whether one who is attacked by a robber or a foe may strike back the assailant, if able to escape by flight. 5. Every commonwealth has authority to declare and make war. 6. A prince has the same authority to declare and make war as a State has. 7. What a State is and who is properly styled a prince. 8. Whether several States or princes, when they have one common lord or prince, may make war of themselves without the authority of the superior lord. 9. Petty rulers or princes, who are not at the head of a complete State, but are parts of another State, can not undertake or make war. And what about cities? 10. What can be a reason or cause of just war? Proof that diversity of religion is not a cause of just war. 11. Extension of an Empire is not a just cause of war. 12. The personal glory, or other advantage, of a prince is not a just cause of war. 13. Wrong done is the sole and only just cause for making war. 14. Not every kind and degree of wrong suffices for making war. 15. When just war exists, everything is lawful which is necessary for the defense of the public good. 16. In just war it is lawful to retake all things that have been lost, or a part thereof. 17. In just war it is lawful to make good, out of the goods of the enemy, all the cost of the war and all damages wrongfully caused by the enemy. 18. After property has been recaptured from an enemy in just war, what the prince may then do. 19. It is lawful for a prince, after gaining the victory in a just war and after retaking property, and even after the establishment of peace and security, to avenge the wrongs done to him by the enemy and to take measures against the enemy and punish them for these wrongs. 20. In order that a war be called just, it is not always enough that the prince believes he has a just cause. 21. The justice of a war must be most thoroughly and carefully examined. 22. Whether subjects are bound to examine the cause of a war; and how, if a subject is convinced of the injustice of a war, he may not serve in it, even though his sovereign commands. 23. If subjects are conscientiously of opinion that a war is unjust, they may not serve in it, whether their opinion be wrong or right. 24. Senators, petty rulers, and, in general, all who, either on summons or coming of their own accord, are admitted to the public council or the king's council, are bound to examine the cause of an unjust war. 25. Who are not bound to examine the causes of war, but may lawfully serve in it in reliance on the good faith of their betters. 26. When ignorance of the injustice of a war would not excuse subjects who serve. 27. What is to be done, when there is doubt about the justice of a war; and how if one prince be in lawful possession, so long as the doubt remains another may not try to turn him out by war and armed force. 28. If there be a city or province concerning which it is doubtful whether it has a lawful possessor, especially where there is a vacancy owing to the death of the lawful lord, etc. -- what is to be done in such a case. 29. How a person who is doubtful about his own title, even if he be in peaceable possession, is bound to make careful examination of his case, if perchance he can arrive at certainty either in his own favor or in favor of another. 30. After the examination of a case, so long as a doubt reasonably persists, a lawful possessor is not bound to quit possession, but may lawfully retain it. 31. In a doubtful case, subjects may follow their prince to battle not only in a defensive, but also in an offensive war. 32. Whether a war can be just on both sides, and how, apart from ignorance, this can not happen. 33. Whether a prince or a subject, who in ignorance has prosecuted an unjust war, is bound to make restitution, if afterwards he becomes convinced of its injustice. 34. Whether it is lawful in war to kill the innocent. 35. Slaughter of the innocent is never lawful in itself and intentionally. 36. Whether it is lawful to kill women and children in a war against the Turks; and what, among Christians, about farmers, civilians, foreigners, strangers, and clergy. 37. The incidental killing of the innocent, even with knowledge, is sometimes lawful, sometimes not. 38. Whether it is lawful to kill the innocent from whom danger in the future is apprehended. 39. Whether it is lawful to despoil the innocent among the enemy, and what things may be taken. 40. If war can be adequately conducted without despoiling farmers or other innocent folk, it seems unlawful to despoil them; and what about foreigners and strangers on enemy territory? 41. How, if the enemy refuse to restore the things which they have wrongfully taken away, and the injured party can not recoup himself in any other way, he can seek satisfaction where he will, whether from the guilty or the innocent. 42. Whether the innocent and children, who are admittedly not to be killed, may at least be led into captivity and slavery. 43. Whether hostages, taken from the enemy in time of truce or on the termination of a war, may be put to death, if the enemy break faith and do not abide by what has been agreed on. 44. Whether it is lawful in war to kill all the guilty. 45. It is lawful to kill without distinction all who resist in the actual heat of battle either in the storming or in the defense of a city, and as long as affairs are in peril. 46. It is lawful to kill the guilty, even after victory has been won and danger has already been removed. 47. It is not always lawful to kill all the guilty, merely in order to avenge a wrong. 48. At times it is both lawful and expedient to kill all the guilty, especially in a war against unbelievers. And what in a war against Christians? 49. Whether it is lawful to kill captives and those who have surrendered, assuming them to have been guilty also. 50. Whether things captured in a just war belong to the captor and seizor; and how these things vest in the seizor up to a sufficient satisfaction for what has been wrongfully taken away and for expenses. 51. How all movables, by the law of nations, vest in the seizor, even though their value more than compensates the wrong done. 52. Whether it is lawful to leave a city to the soldiery by way of booty; and how this is not unlawful, but at times even necessary. 53. Soldiers may not loot or bum without authority; otherwise they are bound to make restitution. 54. It is lawful to seize and hold the lands and fortresses and towns of the enemy, so far as this is necessary by way of compensation for damages done. 55. It is lawful to seize and hold an enemy fortress or city by way of obtaining securely and avoiding danger or as a means of defense and in order to take away from the enemy an opportunity to do harm, etc. 56. It is lawful to deprive the enemy of part of his territory on account of the wrong he has done and by way of punishment, that is, revenge; and how on this ground a fortress or town may be seized, so long as due limits are observed. 57. Whether it is lawful to impose the payment of tribute on the conquered enemy. 58. Whether it is lawful to depose the princes of the enemy and put new ones over them or retain the sovereignty for oneself; and how it is not lawful to do this indiscriminately and for every cause of just war whatsoever. 59. When the princes of the enemy may lawfully be deposed, is shown. 60. The canons or rules of belligerency are described. Inasmuch as the seizure and occupation of those lands of the barbarians whom we style Indians can best, it seems, be defended under the law of war, I propose to supplement the foregoing discussion of the titles, some just and some unjust, which the Spaniards may allege for their hold on the lands in question, by a short discussion of the law of war, so as to give more completeness to that relectio. As, however, the other claims on my time will not allow me to deal with all the points which arise out of this topic, the scope which I can give my pen must be proportionate, not to the amplitude and dignity of the theme, but to the shortness of the time at my disposal. And so I will merely note the main propositions of this topic, together with very brief proofs, and will abstain from touching on the many doubtful matters which might otherwise be brought into this discussion. I will deal with four principal questions. First, Whether Christians may make war at all; secondly, Where does the authority to declare or wage war repose; thirdly, What may and ought to furnish causes of just war; fourthly, What and how extensive measures may be taken in a just war against the enemy? As regards the first question, war might seem altogether prohibited to Christians, for there is the prohibition of self-defense in the passage (Romans, ch. 12), "Dearly beloved, avenge not yourselves, but give place unto wrath," and our Lord says in the Gospel (St. Matthew, ch. 5), "Whosoever shall smite thee on the right cheek, turn to him the other also" and "I say unto you not to resist evil," and (St. Matthew, ch. 26), "All they that take the sword shall perish by the sword." And it is no sufficient answer to say that all these matters are not of precept, but of counsel, for it would be a grave enough impropriety if every war undertaken by Christians was contrary to our Lord's advice. The opinion of all the doctors is to the contrary and so is the received usage of the Church. In development of this question be it noted that, although Catholics are fairly in accord on the matter, yet Luther, who left naught uncontaminated, denies that Christians may take up arms even against the Turks, and he relies not only on the above-cited texts of Scripture, but also on the fact that if the Turks attack Christendom it is the will of God, which may not be resisted. Herein, however, he had not as much success as in his other dogmas in imposing on the Germans, who are born soldiers. Tertullian too, seems not averse from this opinion, for in his De corona militis he discusses "whether military service is at all right for a Christian," and in the issue he inclines to hold that military service is forbidden to a Christian, who, says he, "may not even go to law." 1. Passing over outside opinions, however, let my answer to the question be given in the single proposition: Christians may serve in war and make war. This is the conclusion of St. Augustine in the many passages where he thoroughly considers the question, such as: (a) in his Contra Faustum, (b) in his Liber 83 Quaestionum, (c) in his De verbis Domini, in his Contra Secundinum Manichaeum, (d) in his sermon on the Centurion's son, and (e) in his Letter to Boniface. And, as St. Augustine shows, this is proved by the words of John the Baptist to the soldiers (St. Luke, ch. 3), "Do violence to no man, neither accuse any falsely." "But," says St. Augustine, (f) "if Christian doctrine condemned war altogether, those looking for counsels of salvation in the Gospel would be told to throw away their arms and give up soldiering altogether; but what is said to them is, 'Do violence to no man and be content with your wages.'" Secondly, there is proof in the reason of the thing (Secunda Secundae, qu. 40, art. 1). To draw the sword and use arms against internal wrongdoers and seditious citizens is lawful according to Romans, ch. 13, "He beareth not the sword in vain, for he is the minister of God, a revenger of wrath upon him that doeth evil." Therefore it is lawful also to use the sword and arms against external enemies. Princes, accordingly, are told in the Psalms,1 "Deliver the poor and needy, rid them out of the hand of the wicked." Thirdly, this was also allowable by the law of nature, as appears from the case of Abraham, who fought against four kings (Genesis, ch. 14), and also by the written law, as appears from the cases of David and the Maccabees. But the Gospel law forbids nothing which is allowed by natural law, as is well shown by St. Thomas (Prima Secundae, qu. 107, last art.), and that is why it is called the law of liberty (St. James, ch. 1 and 2). Therefore, what was lawful under natural law and in the written law is no less lawful under the Gospel law. Fourthly, since there can be no doubt that in a defensive war force may be employed to repel force (Dig., 1, 1, 3), this is also proved with regard to an offensive war, that is, a war where we are not only defending ourselves or seeking to repossess ourselves of property, but also where we are trying to avenge ourselves for some wrong done to us. This, I say, is proved by the authority of St. Augustine (Liber 83 Quastionum) in a passage also found in can. dominus, C. 23, qu. 2, "Those wars are described as just wars which are waged in order to avenge a wrong done, as where punishment has to be meted out to a city or state because it has itself neglected to exact punishment for an offense committed by its citizens or subjects or to return what has been wrongfully taken away." A fifth proof with regard to an offensive war is that even a defensive war could not be waged satisfactorily, were no vengeance taken on enemies who have done or tried to do a wrong. For they would only be emboldened to make a second attack, if the fear of retribution did not keep them from wrongdoing. A sixth proof is that, as St. Augustine says (De verbo Domini and Ad Bonifacium), the end and aim of war is the peace and security of the State. But there can be no security in the State unless enemies are made to desist from wrong by the fear of war, for the situation with regard to war would be glaringly unfair, if all that a State could do when enemies attack it unjustly was to ward off the attack and if they could not follow this up by further steps. A seventh proof comes from the end and aim and good of the whole world. For there would be no condition of happiness for the world, nay, its condition would be one of utter misery, if oppressors and robbers and plunderers could with impunity commit their crimes and oppress the good and innocent, and these latter could not in turn retaliate on them. My eighth and last proof is one which in morals carries the utmost weight, namely, the authority and example of good and holy men. Such men have not only defended their country and their own property in defensive wars, but have also in offensive wars sought reparation for wrongs done or attempted by their enemies, as appears from the case of Jonathan and Simon (I Maccabees, ch. 9), who avenged the death of their brother John on the sons of Jambri. And in the Christian Church we have the conspicuous examples of Constantine the Great and Theodosius the Elder and other renowned and most Christian Emperors, who made many wars of both kinds, although their councils included bishops of great sanctity and learning. 2. Second question: In whose hands lies the authority to declare and to make war? 3. Herein let my first proposition be: Any one, even a private person, can accept and wage a defensive war. This is shown by the fact that force may be repelled by force (Dig., as above). Hence any one can make this kind of war, without authority from any one else, for the defense not only of his person, but also of his property and goods. 4. A doubt, however, arises in connection with this proposition, namely, whether one who is attacked by a robber or enemy can strike his assailant back if escape by flight is possible. The Archbishop, indeed, says, No; this being in excess of the limits of blameless self-defense, since everyone is bound in the exercise of self-defense to do as little harm as possible to his assailant. If, then, resistance would involve the death of or grievous bodily harm to the assailant, but escape by flight is a possible thing, the latter course ought to be adopted. Panormitanus, however, writing on X, 2, 13, 12, draws a distinction. If, says he, the victim would be seriously disgraced by flight, he is not bound to fly, but may repel the wrong by striking back, whereas if flight would not smirch his reputation or honor, as when a monk or rustic is attacked by a noble and powerful man, he is bound to fly instead. Bartolus, however, commenting on Dig., 48, 19, 1, and 48, 8, 9, holds without distinguishing that self-defense is lawful and that there is no obligation to fly, the putting to flight being itself a wrong (Dig., 47, 10, 15). If, then, armed resistance is permissible in defense of property, as appears from X, 2, 13, 12, and from c. 6, tit. II, bk. 5 in VI, much more is it permissible in order to protect the body from hurt, such hurt being more serious than wrong to property (Dig., 48, 19, 10). This opinion can be safely held and with possibility of demonstration, especially as the civil law admits as much, as in Dig., 48, 8, 9. Now, no one sins who acts under warrant of the law, inasmuch as the law affords justification in the forum of conscience. Accordingly, even if natural law does not allow killing in defense of property, this is rendered lawful by the civil law and is available, so long as no scandal is caused, not only to laymen, but to clerics and professed persons. 5. Second proposition: Every State has authority to declare and to make war. In course of proof of this be it noted that the difference herein between a private person and a State is that a private person is entitled, as said above, to defend himself and what belongs to him, but has no right to avenge a wrong done to him, nay, not even to recapt property that has been seized from him if time has been allowed to go by since the seizure. But defense can only be resorted to at the very moment of the danger, or, as the jurists say, in continenti, and so when the necessity of defense has passed there is an end to the lawfulness of war. In my view, however, one who has been contumeliously assaulted can immediately strike back, even if the assaulter was not proposing to make a further attack, for in the avoidance of shame and disgrace one who (for example) has had his ears boxed might immediately use his sword, not for the purpose of vengeance, but, as has been said, in order to avoid infamy and disgrace. But a State is within its rights not only in defending itself, but also in avenging itself and its subjects and in redressing wrongs. This is proved by what Aristotle says in the third book of his Politics, namely, that a State ought to be sufficient unto itself. But it can not adequately protect the public weal and the position of the State if it can not avenge a wrong and take measures against its enemies, for wrongdoers would become readier and bolder for wrongdoing, if they could do wrong with impunity. It is, therefore, imperative for the due ordering of human affairs that this authority be allowed to States. 6. Third proposition: A prince has the same authority in this respect as the State has. This is the opinion of St. Augustine (Contra Faustum): "The natural order, best adapted to secure the peace of mankind, requires that the authority to make war and the advisability of it should be in the hands of the sovereign prince." Reason supports this, for the prince only holds his position by the election of the State. Therefore he is its representative and wields its authority; aye, and where there are already lawful princes in a State, all authority is in their hands and without them nothing of a public nature can be done either in war or in peace. 7. Now, the whole difficulty is in the questions: What is a State, and who can properly be called a sovereign prince? I will briefly reply to them by saying that a State is properly called a perfect community. But the essence of the difficulty is in saying what a perfect community is. By way of solution be it noted that a thing is called perfect when it is a completed whole, for that is imperfect in which there is something wanting, and, on the other hand, that is perfect from which nothing is wanting. A perfect State or community, therefore, is one which is complete in itself, that is, which is not a part of another community, but has its own laws and its own council and its own magistrates, such as is the Kingdom of Castile and Aragon and the Republic of Venice and other the like. For there is no obstacle to many principalities and perfect States being under one prince. Such a State, then, or the prince thereof, has authority to declare war, and no one else. 8. Here, however, a doubt may well arise whether, when a number of States of this kind or a number of princes have one common lord or prince, they can make war of themselves and without the authorization of their superior lord. My answer is that they can do so undoubtedly, just as the kings who are subordinate to the Emperor can make war on one another without waiting for the Emperor's authorization, for (as has been said) a State ought to be self-sufficient, and this it would not be, if it had not the faculty in question. 9. Hence it follows and is plain that other petty rulers and princes, who are not at the head of a perfect State, but are parts of another State, can not begin to carry on a war. Such is the Duke of Alva or the Count of Benevento, for they are parts of the Kingdom of Castile and consequently have not perfect States. As, however, these matters are for a great part governed by the law of nations or by human law, Custom can give power and authority to make war. And so if any State or prince has obtained by ancient custom the right to make war of itself or himself, this authority can not be gainsaid, even if in other respects the State be not a perfect one. So, also, necessity can confer this license and authority. For if within one and the same realm one city should take up arms against another, or one of the dukes against another duke, and the king should neglect or should lack courage to exact redress for the wrongs that have been done, the aggrieved city or duke may not only resort to self-defense, but may also commence war and take measures against the enemy and even kill the wrongdoers, there being no other adequate means of self-defense. For the enemy would not cease from outrage, if the victims thereof were content merely with self-defense. On this principle a private person also may begin an attack on his foe, if there is no other way of safeguarding himself from wrong. This is enough on the present question. 10. Third question: What may be a reason and cause of just war? It is particularly necessary to ask this in connection with the case of the Indian aborigines, which is now before us. Here my first proposition is: Difference of religion is not a cause of just war. This was shown at length in the preceding Relectio, when we demolished the fourth alleged title for taking possession of the Indians, namely, their refusal to accept Christianity. And it is the opinion of St. Thomas (Secunda Secundae, qu. 66, art. 8), and the common opinion of the doctors -- indeed, I know of no one of the opposite way of thinking. 11. Second proposition: Extension of empire is not a just cause of war. This is too well known to need proof, for otherwise each of the two belligerents might have an equally just cause and so both would be innocent. This in its turn would involve the consequence that it would not be lawful to kill them and so imply a contradiction, because it would be a just war. 12. Third proposition: Neither the personal glory of the prince nor any other advantage to him is a just cause of war. This, too. is notorious. For a prince ought to subordinate both peace and war to the common weal of his State and not spend public revenues in quest of his own glory or gain, much less expose his subjects to danger on that account. Herein, indeed, is the difference between a lawful king and a tyrant, that the latter directs his government towards his individual profit and advantage, but a king to the public welfare, as Aristotle says (Politics, bk. 4, ch. 10). Also, the prince derives his authority from the State. Therefore he ought to use it for the good of the State. Also, laws ought "not to be enacted for the private good of any individual, but in the common interest of all the citizens," as is ruled in can. 2, Dist. 4, a citation from Isadore. Therefore the rules relating to war ought to be for the common good of all and not for the private good of the prince. Again, this is the difference between freemen and slaves, as Aristotle says (Politics, bk. I, ch. 3 and 4) that masters exploit slaves for their own good and not for the good of the slaves, while freemen do not exist in the interest of others, but in their own interest. And so, were a prince to misuse his subjects by compelling them to go soldiering and to contribute money for his campaigns, not for the public good, but for his own private gain, this would be to make slaves of them. 13. Fourth proposition: There is a single and only just cause for commencing a war, namely, a wrong received. The proof of this rests in the first place on the authority of St. Augustine (Liber 83 Quaestionum* "Those wars are described as just wars," etc., as above), and it is the conclusion arrived at by St. Thomas (Secunda Secundae, qu. 40, art. 1) and the opinion of all the doctors. Also, an offensive war is for the purpose of avenging a wrong and of taking measures against an enemy, as said above. But there can be no vengeance where there is no preceding fault and wrong. Therefore. Also, a prince has no greater authority over foreigners than over his own subjects. But he may not draw his sword against his own subjects, unless they have done some wrong. Therefore not against foreigners either. This is confirmed by the text already cited from St. Paul (Romans, ch. 13) about a prince: "He beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil." Hence it is clear that we may not turn our sword against those who do us no harm, the killing of the innocent being forbidden by natural law. I omit here any injunctions inconsistent herewith which God has given in special cases, for He is the Lord of life and death and it is within His competence to vary His dispositions. 14. Fifth proposition: Not every kind and degree of wrong can suffice for commencing a war. The proof of this is that not even upon one's own fellow-countrymen is it lawful for every offense to exact atrocious punishments, such as death or banishment or confiscation of property. As, then, the evils inflicted in war are all of a severe and atrocious character, such as slaughter and fire and devastation, it is not lawful for slight wrongs to pursue the authors of the wrongs with war, seeing that the degree of the punishment ought to correspond to the measure of the offence (Deuteronomy, ch. 25). 15. The fourth question is about the law of war, namely, what kind and degree of stress is lawful in a just war. Here let my first proposition be: In war everything is lawful which the defense of the common weal requires. This is notorious, for the end and aim of war is the defense and preservation of the State. Also, a private person may do this in self-defense, as has been proved. Therefore much more may a State and a prince. 16. Second proposition: It is permissible to recapt everything that has been lost and any part of the same. This is too notorious to need proof. For war is -begun or undertaken with this object. 17. Third proposition: It is lawful to make good out of enemy property the expenses of the war and all damages wrongfully caused by the enemy. This is clear, for the enemy who has done the wrong is bound to give all this redress. Therefore the prince can claim it all and exact it all by war. Also, as before, there is the argument that, when no other way lies open, a private creditor can seize the amount of his debt from the debtor. Also, if there were any competent judge over the two belligerents, he would have to condemn the unjust aggressors and authors of wrong, not only to make restitution of what they have carried off, but also to make good the expenses of the war to the other side, and also all damages. But a prince who is carrying on a just war is as it were his own judge in matters touching the war, as we shall forthwith show. Therefore he can enforce all these claims upon his enemy. 18. Fourth proposition: Not only are the things just named allowable, but a prince may go even further in a just war and do whatever is necessary in order to obtain peace and security from the enemy; for example, destroy an enemy's fortress and even build one on enemy soil, if this be necessary in order to avert a dangerous attack of the enemy. This is proved by the fact that, as said above, the end and aim of war is peace and security. Therefore a belligerent may do everything requisite to obtain peace and security. Further, tranquillity and peace are reckoned among the desirable things of mankind and so the utmost material prosperity does not produce a state of happiness if there be no security there. Therefore it is lawful to employ all appropriate measures against enemies who are plundering and disturbing the tranquillity of the State. Also, all measures of this kind may be taken against internal foes, that is, against bad citizens. Therefore they are lawful against external foes. The antecedent is clear, for if one citizen does a wrong to a fellow citizen, the magistrate not only compels the wrongdoer to make amends to the injured party, but, if the former is a source of fear to the latter, he is compelled to give bond or quit the city, so as to remove the danger of which he is the cause. This shows that even when victory has been won and redress obtained, the enemy may be made to give hostages, ships, arms, and other things, when this is genuinely necessary for keeping the enemy in his duty and preventing him from becoming dangerous again. 19. Fifth proposition: Not only is all this permissible, but even after victory has been won and redress obtained and peace and safety been secured, it is lawful to avenge the wrong received from the enemy and to take measures against him and exact punishment from him for the wrongs he has done. In proof of this be it observed that princes have authority not only over their own subjects, but also over foreigners, so far as to prevent them from committing wrongs, and this is by the law of nations and by the authority of the whole world. Nay, it seems to be by natural law also, seeing that otherwise society could not hold together unless there was somewhere a power and authority to deter wrongdoers and prevent them from injuring the good and innocent. Now, everything needed for the government and preservation of society exists by natural law, and in no other way can we show that a State has by natural law authority to inflict pains and penalties on its citizens who are dangerous to it. But if a State can do this to its own citizens, society at large no doubt can do it to all wicked and dangerous folk, and this can only be through the instrumentality of princes. It is, therefore, certain that princes can punish enemies who have done a wrong to their State and that after a war has been duly and justly undertaken the enemy are just as much within the jurisdiction of the prince who undertakes it as if he were their proper judge. Confirmation hereof is furnished by the fact that in reality peace and tranquillity, which are the end and aim of war, can not be had unless evils and damages be visited on the enemy in order to deter them from the like conduct in the future. All this is also proved and confirmed by the authority and examples of good men. For, as said above, the Maccabees made war not only to recover the things which they had lost, but also to avenge their wrongs. And some most Christian princes and most religious Emperors have done the same thing. Moreover, shame and disgrace are not wiped away from a State merely by its rout of Its enemies, but also by its visiting severe punishment and castigation on them. Now, among the things which a prince is bound to defend and preserve for his State are its honor and authority. 20. Many doubts are suggested by what has just been said. In the first place, there is a doubtful point in connection with the justice of a war, whether it be enough for a just war that the prince believes himself to have a just cause. On this point let my first proposition be: This belief is not always enough. And for proof I rely, first, on the fact that in some matters of less moment it is not enough either for a prince or for private persons to believe that they are acting justly. This is notorious, for their error may be vincible and deliberate, and the opinion of the individual is not enough to render an act good, but it must come up to the standard of a wise man's judgment, as appears from Ethics, bk. 2. Also the result would otherwise be that very many wars would be just on both sides, for although it is not a common occurrence for princes to wage war in bad faith, they nearly always think theirs is a just cause. In this way all belligerents would be innocent and it would not be lawful to kill them. Also, were it otherwise, even Turks and Saracens might wage just wars against Christians, for they think they are thus rendering God service. 21. Second proposition: It is essential for a just war that an exceedingly careful examination be made of the justice and causes of the war and that the reasons of those who on grounds of equity oppose it be listened to. For (as the comic poet says) "A wise man must make trial of everything by words before resorting to force," and he ought to consult the good and wise and those who speak with freedom and without anger or bitterness or greed, seeing that (as Sallust says) "where these vices hold sway, truth is not easily distinguished." This is self-evident. For truth and justice in moral questions are hard of attainment and so any careless treatment of them easily leads to error, an error which will be inexcusable, especially in a concern of great moment, involving danger and calamity to many, and they our neighbors, too, whom we are bound to love as ourselves. 22. Second doubt: Whether subjects are bound to examine the cause of a war or whether they may serve in the war without any careful scrutiny thereof, just as the lictors had to enforce the praetor's decree without questioning. On this doubt let my first proposition be: If a subject is convinced of the injustice of a war, he ought not to serve in it, even on the command of his prince. This is clear, for no one can authorize the killing of an innocent person. But in the case before us the enemy are innocent. Therefore they may not be killed. Again, a prince sins when he commences a war in such a case. But "not only are they who commit such things worthy of death, but they, too, who consent to the doing thereof" (Romans, ch. 1). Therefore soldiers also are not excused when they fight in bad faith. Again, it is not lawful to kill innocent citizens at the prince's command. Therefore not aliens either. 23. Hence flows the corollary that subjects whose conscience is against the justice of a war may not engage in it whether they be right or wrong. This is clear, for "whatever is not of faith is sin" (Romans, ch. 14). 24. Second proposition: Senators and petty rulers and in general all who arc admitted on summons or voluntarily to the public council or the prince's council ought, and are bound, to examine into the cause of an unjust war. This is clear; for whoever can save his neighbor from danger and harm is bound to do so, especially when the danger is that of death and greater ills, as is the case in war. But the persons referred to can avert the war, supposing it to be unjust, if they lend their wisdom and weight to an examination into its causes. Therefore they are bound so to do. Again, if by their neglect an unjust war be entered on, they are consenting parties thereto, for that which a man could and ought to prevent is imputed to him, if he does not prevent it. Again, a ling is not by himself capable of examining into the causes of a war and the possibility of a mistake on his part is not unlikely and such a mistake would bring great evil and ruin to multitudes. Therefore war ought not to be made on the sole judgment of the king, nor, indeed, on the judgment of a few, but on that of many, and they wise and upright men. 25. Third proposition: Other lesser folk who have no place or audience in the prince's council or in the public council are under no obligation to examine the causes of a war, but may serve in it in reliance on their betters. This is proved, first, by the fact that it is impossible and inexpedient to give reasons for all acts of state to every member of the commonalty. Also by the fact that men of the lower orders, even if they perceived the injustice of a war, could not stop it, and their voice would not be heeded. Therefore, any examination by them of the causes of a war would be futile. Also by the fact that for men of this sort it is enough proof of the justice of war (unless the contrary be quite certain) that it is being waged after public counsel and by public authority. Therefore no further examination on their part is needed. 26. Fourth proposition: Nevertheless the proofs and tokens of the injustice of the war may be such that ignorance would be no excuse even to subjects of this sort who serve in it. This is clear, because such ignorance might be deliberate and adopted with evil intent towards the enemy. Also, were this otherwise, unbelievers would be excused when they follow their chieftains to war against Christians and it would be unlawful to kill them, it being certain that they deem themselves to have a just cause of war. Also, the soldiers who crucified Christ, ignorantly following Pilate's order, would be excused. Also, the Jewish mob would be excused which was led by the elders to shout "Away with Him, crucify Him." 27. Third doubt: What should be done when the justice of the war is doubtful, that is, when there are apparent and probable reasons on both sides. First proposition: As regards the princes themselves, it seems that if one be in lawful possession, the other may not try to turn him out by war and armed force, so long as the doubt remains. For example: Suppose the King of France to be in lawful possession of Burgundy and that it be doubtful whether he has or has not right thereto. The Emperor may not try to oust him by arms; nor on the other hand may the French King seize Naples or Milan, if there be doubt who is entitled to it. The proof is that in doubtful matters the party in possession has the better position. Therefore it is not lawful to dispossess the possessor in favor of a doubtful cause. Further, if the matter were being heard by a lawful judge, he would never in case of doubt dispossess the party in possession. Therefore, if we postulate that those princes who are asserting a right are judges in their own cause, they may not lawfully eject a possessor so long as there is any doubt about the title. Further, in the suits and causes of private persons it is never permissible in a doubtful matter to dispossess a lawful possessor. Therefore not in the causes of princes; for the laws are the princes' laws. Therefore, if by human law it is not permissible in a doubtful matter to dispossess a lawful possessor, it can quite validly be objected to princes, "Obey the law thyself hast made, seeing that a man ought to adopt the same law for himself which he has enjoined on others." Also, were it otherwise, a war could be just on both sides and would never be settled. For if in a doubtful matter it were lawful for one side to assert his claim by force, the other might make armed defense, and after the one had obtained what he claimed, the other might afterwards claim it back, and so there would be war without end, to the ruin and tribulation of peoples. 28. Second proposition: If the city or province in regard of which the doubt arises has no lawful possessor, as, for instance, if it were open by reason of the death of the lawful lord and there is a doubt whether the King of Spain or the King of France be the heir and no certainty in point of law can be attained, it seems that, if one party wants to settle and make a division or compromise as to part of the claim, the other is bound to accept his proposal, even if that other be the stronger and able to seize the whole by armed force; nor would he have a just cause of war. The proof is that when the merits of a quarrel are equal, one side does no wrong by claiming an equal part of the thing in dispute. Further, in private disputes also, where the matter is in doubt, one party may not seize the whole thing. Also, in the same way the war would be just on both sides. Also, a just judge would not decree and award the whole thing to either party. 29. Third proposition: He who is in doubt about his own title is bound, even though he be in peaceable possession, to examine carefully into the cause and give a quiet hearing to the arguments of the other side, if so be he may thus attain certitude either in favor of himself or the other. This is proved by the fact that a man who is in doubt and neglects to ascertain the truth is not in possession in good faith. So also, in a matrimonial cause, if the man who is in lawful possession entertains a doubt whether in truth the woman is his or the other's, it is certain that he is bound to examine the question. Therefore the same principle applies in other causes. Also, princes are judges in their own cases, inasmuch as they have no superior. But it is certain that, if any one raises any objection to a lawful possessor, the judge is bound to examine the case. Therefore in a doubtful matter princes are bound to examine their own case. 30. Fourth proposition: After examination of the case the lawful possessor is not bound to quit possession so long as the doubt reasonably persists, but may lawfully retain it. This is manifestly so, for, firstly, no judge could divest him of it. Therefore he is not bound to give it up, 441 either the whole or part. Also, in a matrimonial cause where the matter is doubtful, the man is under no obligation to give up his possession, as is laid down in X, 5, 39, 44, and in X, 4, 21, 2. Therefore the like is not required in other causes. And Adrian expressly holds (qu. 2, Quotlib. 2) that a party in doubt may retain his possession, and he applys this rule to princes in a doubtful matter. But concerning subjects who are in doubt with regard to the justice of a war, Adrian indeed says (Quotlib. 2, on the first principal argument) that a subject in such a case, that is, one who is in doubt whether the alleged cause of a war is a sufficient one or simply whether there exists some sufficient cause for declaring war, may not serve in such a war, even at the command of his prince. The proof is that he exposes himself to the danger of mortal sin. Also, what is not of faith is sin, a doctrine which, according to the doctors and to truth, is to be understood as condemnatory, not only where the conscience is assured or based on opinion, but also where it is in doubt. Sylvester seems to hold the same doctrine, under the word bellum, I, § 9. 31. But let this be my fifth proposition: In the first place, there is no doubt that in a defensive war subjects may, even though the matter be doubtful, follow their prince to the war; nay, that they are bound to follow him, and also in an offensive war. The first proof is in the fact that, as has been said, a prince is not able, and ought not, always to render reasons for the war to his subjects, and if subjects can not serve in war except they are first satisfied of its justice, the State would fall into grave peril and the door would be opened to wrongdoing. Also, in doubtful matters the safer course ought to be adopted. Now, if subjects in a case of doubt do not follow their prince to the war, they expose themselves to the risk of betraying their State to the enemy, and this is a much more serious thing than fighting against the enemy despite a doubt. Therefore they ought rather to fight. Also, this is manifestly proved by the fact that the lictor is bound to carry out the decree of the judge, even though he has his doubts about its justice, for there would be serious danger in the opposite course. Also, St. Augustine writing against the Manichæans, defends this line of argument, where he says: "If a righteous person be in the military service of a sacrilegious king, he may consistently go to war at his command, provided that it is certain that the command laid on him is not contrary to the Divine precepts or that it is not certain whether it be so" (C. 23, qu. 1, can. quid culpatur). Here we have St. Augustine expressly declaring that if it is not certain -- that is, if there is a doubt -- whether it be against God's precepts, the subject may lawfully go to the war. And however Adrian may twist and turn, he can not free himself from the authority of St. Augustine, for our proposition is, beyond cavil, the conclusion at which St. Augustine arrives. Nor does it avail to say that such a person ought to get rid of his doubt and make his conscience acquiesce in the justice of the war, for it remains that, mortally speaking, this is impossible, as in other cases of doubt. Now, Adrian's mistake seems to be in thinking that, if I am in doubt whether this war is just for my prince or whether there be a just cause for this war, it immediately follows that I am in doubt whether or no I ought to go to this war. I admit that I am no wise justified in doing what my conscience doubts about and that, if I am doubtful about the lawfulness of doing any given thing, I sin if I do it. But any doubt of mine about the justice of this war does not necessarily involve a doubt whether I ought to fight or serve in this war. Nay, it is quite the other way about. For although I may doubt whether the war is just, yet the next point is that I may lawfully serve in the field at my prince's command. It is precisely the same as with a lictor who has his doubts whether the judge's decree is just, it does not follow therefrom that he doubts whether or no he ought to carry it into execution; he knows that he is bound to carry it into execution. So, also, if the doubt be whether this woman be my wife; I am, consequent upon such doubt, bound to render her conjugal rights. 32. The fourth doubt is: Whether a war can be just on both sides. The following is my answer: First proposition: Apart from ignorance the case clearly can not occur, for if the right and justice of each side be certain, it is unlawful to fight against it, either in offense or in defense. Second proposition: Assuming a demonstrable ignorance either of fact or of law, it may be that on the side where true justice is the war is just of itself, while on the other side the war is just in the sense of being excused from sin by reason of good faith, because invincible ignorance is a complete excuse. Also, on the side of the subjects at any rate, this may often occur; for even if we assume that a prince who is carrying on an unjust war knows about its injustice, still (as has been said) subjects may in good faith follow their prince, and in this way the subjects on both sides may be doing what is lawful when they fight. 33. Hence arises the fifth doubt: Whether one who has in ignorance gone in an unjust war and subsequently is convinced of its injustice is bound to make amends therefor. This may be asked both about a prince and about a subject. My first proposition is: If the injustice of the war had been within reach of proof by him, he is bound when he learns of its injustice to give back what he has taken away and not yet consumed -- that is, to the extent to which he has been enriched; but he need make no amends as regards what he has consumed, because the rule of law is that a person who is not in fault ought not to be damnified, just as one who in good faith attended a sumptuous banquet given by a thief where stolen things were consumed would be under no obligation to give redress therefor, save perhaps up to the amount that his meal would have cost him at home. Sylvester, however, says, under the word bellum, I, § 9, that if our man was in doubt about the injustice of the war yet followed his lord's authority, he is liable to make good everything, because it was with bad faith that he fought. Now, let my second proposition, in conformity with the foregoing, be: Our man is not bound to make good what has been consumed, any more than the other side would be, because (as has been said) his fighting was lawful and in good faith. Sylvester's contention would, however, be sound if the man had really been in doubt whether it was lawful for him to go to the war, for he would then be acting against his conscience. Now, much attention must be paid to the admitted fact that a war may be just and lawful in itself and yet owing to some collateral circumstance may be unlawful. For it is admitted that one may be entitled to recapture a city or a province and yet that, because of some scandal, this may become quite unlawful. For inasmuch as (according to what has been said before) wars ought to be waged for the common good, if some one city can not be recaptured without greater evils befalling the State, such as the devastation of many cities, great slaughter of human beings, provocation of princes, occasions for new wars to the destruction of the Church (in that an opportunity is given to pagans to invade and seize the lands of Christians), it is indubitable that the prince is bound rather to give up his own rights and abstain from war. For it is clear that if the King of France, for example, had a right to retake Milan, but by the war both the Kingdom of France and the Duchy of Milan would suffer intolerable ills and heavy woes, it would not be right for him to retake it. This is because that war ought to take place either for the good of France or for the good of Milan. Therefore, when, on the contrary, great ills would befall each side by the war, it could not be a just war. 34. With regard to another question, namely, what degree of stress is lawful in a just war, there are also many doubts. The first is: Whether it is lawful in war to kill the innocent. It seems that it is; because, in the first place, the Sons of Israel slew children at Jericho, as appears from Joshua, ch. 6, and afterwards Saul slew children in Amalek (I Samuel, ch. 15), and in both these cases it was by the authority and at the bidding of God. "Now, whatever is written is written for our instruction," as appears from Romans, ch. 15. Therefore, if a war of the present day be just, it will be lawful to kill the innocent. 35. With regard to this doubt, let my first proposition be: The deliberate slaughter of the innocent is never lawful in itself. This is proved, firstly, by Exodus, ch. 23: "The innocent and righteous slay thou not." Secondly, the basis of a just war is a wrong done, as has been shown above. But wrong is not done by an innocent person. Therefore war may not be employed against him. Thirdly, it is not lawful within a State to punish the innocent for the wrongdoing of the guilty. Therefore this is not lawful among enemies. Fourthly, were this not so, a war would be just on both sides, although there was no ignorance, a thing which, as has been shown, is impossible. And the consequence is manifest, because it is certain that innocent folk may defend themselves against any who try to kill them. And all this is confirmed by Deuteronomy, ch. 20, where the Sons of Israel were ordered to take a certain city by force and to slay every one except women and little ones. 36. Hence it follows that even in war with the Turks it is not allowable to kill children- This is clear, because they are innocent. Aye, and the same holds with regard to the women of unbelievers. This is clear, because so far as the war is concerned, they are presumed innocent; but it does not hold in the case of any individual woman who is certainly guilty. Aye, and this same pronouncement must be made among Christians with regard to harmless agricultural folk, and also with regard to the rest of the peaceable civilian population, for all these are presumed innocent until the contrary is shown. On this principle it follows that it is not lawful to slay either foreigners or guests who are sojourning among the enemy, for they are presumed innocent, and in truth they are not enemies. The same principle applies to clerics and members of a religious order, for they in war are presumed innocent unless the contrary be shown, as when they engage in actual fighting. 37. Second proposition: Sometimes it is right, in virtue of collateral circumstances, to slay the innocent even knowingly, as when a fortress or city is stormed in a just war, although it is known that there are a number of innocent people in it and although cannon and other engines of war can not be discharged or fire applied to buildings without destroying innocent together with guilty. The proof is that war could not otherwise be waged against even the guilty and the justice of belligerents would be balked. In the same way, conversely, if a town be wrongfully besieged and rightfully defended, it is lawful to fire cannon-shot and other missiles on the besiegers and into the hostile camp, even though we assume that there are some children and innocent people there. Great attention, however, must be paid to the point already taken, namely, the obligation to see that greater evils do not arise out of the war than the war would avert. For if little effect upon the ultimate issue of the war is to be expected from the storming of a fortress or fortified town wherein are many innocent folk, it would not be right, for the purpose of assailing a few guilty, to slay the many innocent by use of fire or engines of war or other means likely to overwhelm indifferently both innocent and guilty. In sum, it is never right to slay the guiltless, even as an indirect and unintended result, except when there is no other means of carrying on the operations of a just war, according to the passage (St. Matthew, ch. 13) "Let the tares grow, lest while ye gather up the tares ye root up also the wheat with them." 38. Here a doubt may arise whether the killing of guiltless persons is lawful when they may be expected to cause danger in the future; thus, for example, the children of Saracens are guiltless, but there is good reason to fear that when grown up they will fight against Christians and bring on them all the hazards of war. Moreover, although the adult male civilians of the enemy who are not soldiers are presumed to be innocent, yet they will hereafter carry a soldier's arms and cause the hazard named. Now, is it lawful to slay these youths? It seems so, on the same principle which justifies the incidental killing of other guiltless persons. Also (Deuteronomy, ch. 20) the Sons of Israel were ordered when assaulting any city to slay "every adult male." Now, it can not be presumed that all of these would. My answer is that although this killing may possibly be defended, yet I believe that it is in no wise right, seeing that evil is not to be done even in order to avoid greater evil still, and it is intolerable that any one should be killed for a future fault. There are, moreover, other available measures of precaution against their future conduct, namely, captivity, exile, etc., as we shall forthwith show. Hence it follows that, whether victory has already been won or the war is still in progress, if the innocence of any soldier is evident and the soldiers can let him go free, they are bound to do so. To the argument on the opposite side my rejoinder is that the slaughter in the instances named was at the special command of God, who was wroth against the people in question and wished to destroy them utterly, just as he sent fire on Sodom and Gomorrah which devoured both guiltless and guilty together. He, however, is Lord of all and has not given this license as a common law. And the same answer might be made to that passage in Deuteronomy, ch. 20. But, inasmuch as what is there enjoined is in the form of a common law of war for all future time, it would rather seem that the Lord enjoined it because all adult males in an enemy State are deemed guilty, and guiltless can not be distinguished from guilty. Therefore all may be killed. 39. The second doubtful point is whether in a just war it is lawful to despoil innocent enemy-subjects. Let my first proposition be: It is certainly lawful to despoil the innocent of goods and things which the enemy would use against us, such as arms, ships, and engines of war. This is clear, because otherwise we could not gain the victory, which is the aim of war. Nay, it is also lawful to take the money of the innocent and to burn and destroy their grain and kill their horses, if this is requisite in order to sap the enemy's strength. Hence follows the corollary that if the war goes on for an indefinitely long time it is lawful utterly to despoil all enemy-subjects, guilty and guiltless alike, for it is from their resources that the enemy is feeding an unjust war, and, on the other hand, his strength is sapped by this spoliation of his citizens. 40. Second proposition: If a war can be carried on effectively enough without the spoliation of the agricultural population and other innocent folk, they ought not to be despoiled. Sylvester maintains this (under the word bellum I, § 10) on the ground that war is founded on a wrong done, and therefore the rights of war may not be enforced against the innocent if the wrong can be redressed in another quarter. Aye, and Sylvester adds that, even if there were good reason to despoil the innocent, yet when the war is over the victor is bound to restore to them whatever is left. This, however, I do not think necessary, because, as said above, whatever is done in right of war receives the construction most favorable to the claims of those engaged in a just war. Hence, whatever has been lawfully seized is not in my opinion subject to restitution. All the same, Sylvester's remark is a pious one and not indefensible. But the spoliation of foreigners and travelers on enemy soil, unless they are obviously at fault, is in no wise lawful, they not being enemies. 41. Third proposition: If the enemy refuse to restore things wrongfully seized by them and the injured party can not otherwise properly recoup himself, be may do so wherever satisfaction is obtainable, whether from guilty or from innocent. For instance, if French brigands made a raid into Spanish territory and the French King would not, though able, compel them to restore their booty, the Spanish might, on the authorization of their sovereign, despoil French merchants or farmers, however innocent these might be. This is because, although the French State or Sovereign might initially be blameless, yet it is a breach of duty, as St. Augustine says, for them to neglect to vindicate the right against the wrongdoing of their subjects, and the injured sovereign can take satisfaction from every member and portion of their State. There is, accordingly, no inherent injustice in the letters of marque and reprisals which princes often issue in such cases, because it is on account of the neglect and breach of duty of the other prince that the prince of the injured party grants him this right to recoup himself even from innocent folk. These letters are, however, hazardous and open the way to plunder. 42. The third doubtful point is: Assuming the unlawfulness of the slaughter of children and other innocent parties, is it permissible, at any rate, to carry them off into captivity and slavery? This can be cleared up in a single proposition, namely: It is in precisely the same way permissible to carry the innocent off into captivity as to despoil them, liberty and slavery being included among the good things of Fortune. And so when a war is at that pass that the indiscriminate spoliation of all enemy-subjects alike and the seizure of all their goods are justifiable, then it is also justifiable to carry all enemy-subjects off into captivity, whether they be guilty or guiltless. And inasmuch as war with pagans is of this type, seeing that it is perpetual and that they can never make amends for the wrongs and damages they have wrought, it is indubitably lawful to carry off both the children and the women of the Saracens into captivity and slavery. But inasmuch as, by the law of nations, it is a received rule of Christendom that Christians do not become slaves in right of war, this enslaving is not lawful in a war between Christians; but if it is necessary having regard to the end and aim of war, it would be lawful to carry away even innocent captives, such as children and women, not indeed into slavery, but so that we may receive a money-ransom for them. This, however, must not be pushed beyond what the necessity of the war may demand and what the custom of lawful belligerents has allowed. 43. The fourth doubtful point is: Whether it is lawful at any rate to kill hostages who have been taken from the enemy, either in time of truce or on the conclusion of a war, if the enemy break faith and do not abide by their undertakings. My answer is in a single proposition: If the hostages are in other respects among the guilty, as, for instance, because they have borne arms, they may rightfully be lulled in that case; if, however, they are innocent, as, for instance, if they be children or women or other innocent folk, it is obvious from what has been said above that they can not be killed. 44. The fifth doubt is: Whether in a just war it is lawful to kill, at any rate, all the guilty. Prefatory to an answer be it noted that, as is shown by what has been said above, war is waged: Firstly, in defense of ourselves and what belongs to us; secondly, to recover things taken from us; thirdly, to avenge a wrong suffered by us; fourthly, to secure peace and security. 45. This premised, let my first proposition be: In the actual heat of battle, either in the storming or in the defense of a city, all who resist may be killed indiscriminately; and, briefly, this is so as long as affairs are in peril. This is manifest, because combatants could not properly effect their purpose save by removing all who hinder and resist them. All the doubt and difficulty, however, is to know whether, when we have won our victory and the enemy is no longer any danger to us, we may kill all who have borne arms against us. Manifestly, yes. For, as shown above, one of the military precepts given by the Lord (Deuteronomy, ch. 20) was that when a city of the enemy had been taken all dwellers in it were to be killed. The words of the passage are: "When thou comest nigh unto a place to fight against it, then proclaim peace unto it. And it shall be if it make thee answer of peace, and open unto thee, that all the people that is found therein shall be saved and shall be tributaries unto thee and shall serve thee. But if it will make no peace with thee, but will make war against thee, then thou shalt besiege it. And when the Lord thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword, but not the women and the little ones." 46. Second proposition: Even when victory has been won and no danger remains, it is lawful to kill the guilty. The proof is that, as said above, war is ordained not only for the recovery of property, but also for the avenging of wrongs. Therefore the authors of a past wrong may be killed therefor. Again, this is permissible against our own wrongdoing citizens. Therefore also against foreigners; for, as said above, a prince when at war has by right of war the same authority over the enemy as if he were their lawful judge and prince. And a further reason is that, although there be no present danger from the enemy, yet security for the future can not be had, unless the enemy be restrained by the fear of punishment. 47. Third proposition: Merely by way of avenging a wrong it is not always lawful to kill all the guilty. The proof is that even among citizens it would not be lawful, not even where the wrong was done by the whole city or district, to kill all the delinquents; nor in a common rebellion would it be permissible to slay and destroy the whole population. Accordingly for such a deed, St. Ambrose interdicted Theodosius from the church For such conduct would not be for the public good, which is nevertheless the end and aim of both war and peace. Therefore, it is not right to kill all the guilty among the enemy. We ought, then, to take into account the nature of the wrong done by the enemy and of the damage they have caused and of their other offenses, and from that standpoint to move to our revenge and punishment, without any cruelty and inhumanity. In this connection Cicero says (Offices, bk. 2) that the punishment which we inflict on the guilty must be such as equity and humanity allow. And Sallust says: "Our ancestors, the most religious of men, took naught from those they conquered save what was authorized by the nature of their offenses." 48. Fourth proposition: Sometimes it is lawful and expedient to kill all the guilty. The proof is that war is waged in order to get peace and security. But there are times when security can not be got save by destroying all one's enemies: and this is especially the case against unbelievers, from whom it is useless ever to hope for a just peace on any terms. And as the only remedy is to destroy all of them who can bear arms against us, provided they have already been in fault. That is how the injunction in Deuteronomy, ch. 20, is to be interpreted. Otherwise, however, in a war with Christians, where I do not think this would be allowable. For, as it needs must be that scandals come (St. Matthew, ch. 18) and also wars between princes, it would involve the ruin of mankind and of Christianity if the victor always slew all his enemies, and the world would soon be reduced to solitude, and wars would not be waged for the public good, but to the utter ruin of the public. The measure of the punishment, then, must be proportionate to the offense, and vengeance ought to go no further, and herein account must be taken of the consideration that, as said above, subjects are not bound, and ought not, to scrutinize the causes of a war, but can follow their prince to it in reliance on his authority and on public counsels. Hence in the majority of cases, although the war be unjust on the other side, yet the troops engaged in it and who defend or attack cities are innocent on both sides. And therefore after their defeat, when no further danger is present, I think that they may not be killed, not only not all of them, but not even one of them, if the presumption is that they entered on the strife in good faith. 49. Sixth doubt: Whether it is lawful to slay those who have surrendered or been captured, supposing them also to have been guilty. My answer is that, speaking absolutely, there is nothing to prevent the killing of those who have surrendered or been captured in a just war so long as abstract equity is observed. Many of the rules of war have, however, been fashioned by the law of nations, and it seems to be received in the use and custom of war that captives, after victory has been won (unless perchance they have been routed) and all danger is over, are not to be killed, and the law of nations must be respected, as is the wont among good people. But I do not read or hear of any such custom with regard to those who have surrendered; nay, on the capitulation of a fortress or city it is usual for those who surrender to try and provide for themselves in the conditions of the capitulation, as that their heads shall be safe and that they shall be let go in safety; that is, they fear that an unconditional surrender would mean their deaths. We read of this being several times done. Accordingly, it does not seem unjust that, if a city capitulates without taking any such precautions, the more notorious offenders should be put to death on the order of the prince or a judge. 50. Seventh doubt: Whether everything that is captured in a just war becomes the property of the captor and seizor. My first proposition hereon is: There is no doubt that everything captured in a just war vests in the seizor up to the amount which provides satisfaction for the things that have been wrongfully seized and which covers expenses also. This needs no proof, for that is the end and aim of war. But, apart from all consideration both of restitution and satisfaction, and looking at the matter from the standpoint of the law of war, we must distinguish according as the things captured in war are movables (like money, garments, silver, and gold), or are immovables (like lands, cities, and fortresses). 51. This being assumed, let my second proposition be: All movables vest in the seizor by the law of nations, even if in amount they exceed what will compensate for damages sustained. This is clear from Dig., 49, 15, 28 and 24, and from can. 9, Dist. I, and it is more expressly laid down in Inst., 2, 1, 17, where it is said that "by the law of nations whatever is taken from the enemy immediately becomes ours, even so far as that free persons may be made our slaves." And St. Ambrose says (Liber de Patriarchis) that when Abraham slew the four kings their spoil belonged to him as the conqueror, although he refused to take it (Genesis, ch. 14, and can. 25, C. 23, qu. 5). And this is confirmed by the authority of the Lord (Deuteronomy, ch. 20), where He says concerning the storming of a town: "All the spoil thereof thou shalt divide with the army and thou shalt eat of the spoil of thine enemies." Adrian holds this opinion in his quaestio on restitution, in the special quaestio on war. So, also, Sylvester, under the word bellum, § 1 and § 9, where he says that he who fights a just cause is not bound to give back his booty (can. 2, C. 23, qu. 7). "Hence it follows that what is taken in war is not used as a set-off against the principal debt, as the Archdeacon also holds (can. 2, C. 23, qu. 2)." And Bartolus is of the same opinion, in his comment on Dig., 49, 15, 28. And this is understood to be so even if the enemy be ready to make amends in other ways for the damages and wrongs suffered. Sylvester, however, limits this, and rightly, allowing it only until a satisfaction sufficient in equity has been taken for the damages and wrongs suffered. For it is not to be imagined that, if the French have ravaged some one district or insignificant town in Spain, the Spanish might also, if they could, ravage the whole of France; they can only retort in a manner proportionate in kind and degree to the wrong done, according to the estimate of a good man. 52. But on this conclusion a doubt arises, namely, whether it is right to give a city up to the soldiery to sack. My answer is, and let this be my third proposition: This is not unlawful in itself, if necessary for the conduct of the war or as a deterrent to the enemy or as a spur to the courage of the troops. So Sylvester, under the word bellum, § 10. It is on the same principle as that which justifies the burning of a city for reasonable cause Nevertheless, inasmuch as such authorization to sack results in many horrors and cruelties, enacted beyond all humane limits by a barbarous soldiery, such as slaughter and torture of the innocent, rape of virgins, dishonor of matrons, and looting of temples, it is undoubtedly unjust in the extreme to deliver up a city, especially a Christian city, to be sacked, without the greatest necessity and weightiest reason. If, however, the necessities of war require it, it is not unlawful, even if it be likely that the troops will perpetrate foul misdeeds of this kind, which their generals are none the less bound to forbid and, as far as they can, to prevent. 53. Fourth proposition: Despite all this, soldiers may not, without the authority of their prince or general, go looting or burning, because they are themselves not judges, but executive officers; and those who do otherwise are bound to make restitution. 54. Now, with regard to immovable property and things, the difficulty is greater, and let my fifth proposition be: There is no doubt about the lawfulness of seizing and holding the land and fortresses and towns of the enemy, so far as is necessary to obtain compensation for the damages he has caused. For instance, if the enemy has destroyed a fortress of ours, or has burnt a city or vineyards or olive gardens, we may in turn seize his land or fortress or city and hold it. For if it is lawful to exact compensation from the enemy for the things of ours which he has taken, it is certain that by the divine law and natural law it is not more lawful to take recompense therefore in movables than in immovables. 55. Sixth proposition: In order to obtain security and avoid danger from our enemy it is also lawful to seize and hold a fortress or city belonging to him which is necessary for our defense or for taking away from him an opportunity of hurting us. 56. Seventh proposition: It is also lawful, in return for a wrong received and by way of punishment, that is, in revenge, to mulct the enemy of a part of his territory in proportion to the character of the wrong, or even on this ground to seize a fortress or town. This, however, must be done within due limits, as already said, and not as utterly far as our strength and armed force enable us to go in seizing and storming. And if necessity and the principle of war require the seizure of the larger part of the enemy's land, and the capture of numerous cities, they ought to be restored when the strife is adjusted and the war is over, only so much being retained as is just, in way of compensation for damages caused and expenses incurred and of vengeance for wrongs done, and with due regard for equity and humanity, seeing that punishment ought to be proportionate to the fault. Thus it would be intolerable that, if the French raided the flocks of the Spanish or burnt a single district, the latter should be allowed to seize the whole Kingdom of France. Now, the lawfulness of seizing on this score either a part of enemy territory or an enemy city appears from Deuteronomy, ch. 20, where permission is granted in war to seize a city that has refused to accept terms of peace. Again, internal wrongdoers may be punished in this way, that is, they may be deprived of house or land or a fortress, in proportion to the character of the circumstances. Therefore foreigner wrongdoers also. Again, a superior judge has competence to mulct the author of a wrong by taking away from him a city (for instance) or a fortress. Therefore a prince who has suffered wrong can do this too, because by the law of war he is put in the position of a judge. Again, it was in this way and by this title that the Roman Empire grew and developed, that is, by occupation, in right of war, of cities and provinces belonging to enemies who had injured them, and yet the Roman Empire is defended as just and lawful by St. Augustine, St. Jerome, St. Ambrose, St. Thomas, and other reverend doctors. Nay, it might be held approved by God in the passage, "Render unto Caesar the things that are Caesar's," and by St. Paul, who appealed unto Caesar and who in Romans, ch. 13, gave an admonition to be subject to the higher powers and to princes and to pay tribute to those who at that time, all of them, derived their authority from the Roman Empire. 57. Eighth doubt: Whether it is lawful to impose a tribute on conquered enemies. My answer is that it is undoubtedly lawful, not only in order to recoup damages, but also as a punishment and by way of revenge. This is clear enough from what has been said above and from the passage in Deuteronomy, ch. 20, which says that when the Jews have approached a city with good cause in order to attack it, if the city receives them and opens its gates, all the people therm shall be saved and shall serve the Jews with payment of tribute. And this law and usage of war has prevailed. 58. Ninth doubt: Whether it is lawful to depose the princes of the enemy and appoint new ones or keep the princedom for oneself. First proposition: This is not unqualifiedly permissible, nor for any and every cause of just war, as appears from what has been said. For punishment should not exceed the degree and nature of the offense. Nay, punishments should be awarded restrictively, and rewards extensively. This is not a rule of human law only, but also of natural and divine law. Therefore, even assuming that the enemy's offense is a sufficient cause of war, it will not always suffice to justify the overthrow of the enemy's sovereignty and the deposition of lawful and natural princes; for these would be utterly savage and inhumane measures. 59. Second proposition: It is undeniable that there may sometimes arise sufficient and lawful causes for effecting a change of princes or for seizing a sovereignty; and this may be either because of the number and aggravated quality of the damages and wrongs which have been wrought or, especially, when security and peace can not otherwise be had of the enemy and grave danger from them would threaten the State if this were not done. This is obvious, for if the seizure of a city is lawful for good cause, as has been said, it follows that the removal of its prince is also lawful. And the same holds good of a province and the prince of a province, if proportionately graver cause arise. Note, however, with regard to Doubts VI to IX, that sometimes, nay, frequently, not only subjects, but princes, too, who in reality have no just cause of war, may nevertheless be waging war in good faith, with such good faith, I say, as to free them from fault; as, for instance, if the war is made after a careful examination and in accordance with the opinion of learned and upright men. And since no one who has not committed a fault should be punished, in that case, although the victor may recoup himself for things that have been taken from him and for any expenses of the war, yet, just as it is unlawful to go on killing after victory in the war has been won, so the victor ought not to make seizures or exactions in temporal matters beyond the limits of just satisfaction, seeing that anything beyond these limits could only be justified as a punishment, such as could not be visited on the innocent. 60. All this can be summarized in a few canons or rules of warfare. First canon: Assuming that a prince has authority to make war, he should first of all not go seeking occasions and causes of war, but should, if possible, live in peace with all men, as St. Paul enjoins on us (Romans, ch. 12). Moreover, he should reflect that others are his neighbors, whom we are bound to love as ourselves, and that we all have one common Lord, before whose tribunal we shall have to render our account. For it is the extreme of savagery to seek for and rejoice in grounds for killing and destroying men whom God has created and for whom Christ died. But only under compulsion and reluctantly should he come to the necessity of war. Second canon: When war for a just cause has broken out, it must not be waged so as to ruin the people against whom it is directed, but only so as to obtain one's rights and the defense of one's country and in order that from that war peace and security may in time result. Third canon: When victory has been won and the war is over, the victory should be utilized with moderation and Christian humility, and the victor ought to deem that he is sitting as judge between two States, the one which has been wronged and the one which has done the wrong, so that it will be as judge and not as accuser that he will deliver the judgment whereby the injured state can obtain satisfaction, and this, so far as possible should involve the offending state in the least degree of calamity and misfortune, the offending individuals being chastised within lawful limits; and an especial reason for this is that in general among Christians all the fault is to be laid at the door of their princes, for subjects when fighting for their princes act in good faith and it is thoroughly unjust, in the words of the poet, that -- Quidquid delirant reges, plectantur Achivi, (For every folly their Kings commit the punishment should fall upon the Greeks.) 1. Ps. 81, in Vulgate. In A. V. Ps. 82. ____________ DE INDIS ET DE IVRE BELLI RELECTIONES BEING PARTS OF RELECTIONES THEOLOGICAE XII By FRANCISCUS DE VICTORIA Primary Professor of Sacred Theology in the University of Salamanca THE REVISED TEXT BY HERBERT FRANCIS WRIGHT of the Catholic University of America PREFATORY REMARKS CONCERNING THE TEXT TITLE. The lectures, De Indis and De iure belli, were delivered by Franciscus de Victoria in 1532, as is clear from the opening paragraph of the De Indis. They were not intended for publication by their author and consequently it is probable that he did not give them titles, but simply recited the Scriptural text upon which he intended to base his lecture. When, however, after the author's death, these two lectures on the Indians of the New World, together with ten other lectures by the same author, were being prepared for publication under the general title, "Relectiones Theologicae XII," the editors perhaps felt the necessity of giving a title to each relectio. Consequently, the first of the two studies on the Indians is entitled "De Indis insulanis" in the first edition, "De Indis recenter inventis" in the second edition, and "De Indis noviter inventis" in the third and subsequent editions. The title of this study as given in the second edition has been retained in the present text in preference to that given in the first edition, because it is the more correct of the two furnished by contemporaries. The second of the two studies on the Indians is entitled "De Indis, sive de iure belli Hispanorum in barbaros" in all editions and by subsequent writers is quoted simply as De iure belli. Concerning the title of the collection, Relectiones Theologicae XII, Ompteda1 and Morhofius2 erroneously call them Prælectiones instead of Relectiones, while Simon in his edition (Cologne and Frankfort, 1696) gives the title as Relectiones Morales. Simon also gives the number as thirteen and in this is undoubtedly following the Ingolstadt edition of 1580.3 There is also some discrepancy among authorities as to the exact relectiones contained in this work. Antonio,4 whom Hurter5 apparently followed, includes an otherwise unknown work, De silentii obligatione, in the Relectiones Theologicæ XII, but it does not appear in the copies of this work that have been accessible to me. The Nouvelle Bibliographie Générale includes not only the above-mentioned De silentii obligatione, but also an altogether separate work, the Summa Sacramentorum Ecclesiae.6 The first edition of the Relectiones was published at Lyons in 1557, in two volumes, under the title I have given above. The individual relectiones were arranged in the two volumes, precisely as indicated in the Table of Contents of that edition, as follows: Tomus Primus: De potestate Ecclesiae, prior et posterior. De potestate civili. De potestate Papae et concilii. De Indis prior. De Indis posterior, sive de iure belli. De matrimonio. Tomus Secundus: De augmento charitatis. De temperantia. De homicidio. De simonia. De magia. De eo ad quod tenetur veniens ad usum rationis. These are substantially the same as those given in subsequent editions. Yet the second edition gives the number as eleven, counting the De Indis and the De iure belli as one relectio. The fourth edition (Lyons, 1586) puts the number at thirteen, counting the two relectiones on the power of the Church as two, and in this is followed apparently by Holland, and avowedly by Walker. Hallam, who saw only the Venetian edition (1626), makes the same mistake and accuses Antonio of perhaps never having seen the work because he gives the number as twelve. Yet the two pairs of relectiones which cause this difference ought not to be considered in the same light. The first pair is clearly on the same subject and ought to be treated simply as two parts of a single relectio, although they were delivered at different times; the second deals with two distinctly different subjects, as the very title itself indicates, although the second is suggested by the first. Therefore they ought to be considered as two relectiones, as in the first edition. MANUSCRIPTS. Of this work, it is probable that there are no manuscript copies extant. At least, to the editor of the third printed edition (Ingolstadt, 1580), none was available, for he fails to mention any, and, moreover, states that he had corrected the first edition (Lyons, 1557) by the second edition (Salamanca, 1565), except where this was manifestly wrong, in which case he took counsel with eminent theologians and philosophers. If a manuscript copy of the Relectiones had been extant, it would probably have been in some Spanish or French library and accessible to Spanish and French biographers of Victoria. But Antonio, a Spaniard, in his life of Victoria, makes no mention of any, nor is a manuscript copy mentioned by Victoria's French biographers, Dupin, Touron, and Quétif-Echard. Surely, a manuscript would have been mentioned by one of his later biographers, Hinojosa, Barthélemy, and Hurter, if any had been discovered in the intervening years. Yet even if there be extant somewhere in obscurity a manuscript of Victoria's Relectiones, it would not materially affect the text as transmitted in the first or second editions, as will appear from the rest of these remarks. To secure a complete understanding of this assertion, it is necessary, first to define the word relectio. At Salamanca it meant a kind of theological exercise not very unlike those disputations which were in use in the most celebrated universities of the Middle Ages under the name of quaestiones quodlibeticae. Those quaestiones, which seemed to be the more difficult and more useful of all that had been discussed in the daily prelections of an entire year, were reconsidered in relectiones in the public assembly of learned men by the same doctor, in order that they might be much more accurately decided than theretofore and receive as it were the finishing touches. The manuscripts, from which the first and second editions of the Relectiones Theologicae XII were edited, were not written by Victoria, because he never intended publishing the lectures and may have used only notes or outlines in delivering them, but were written by Victoria's students from dictation, probably when the lectures were first delivered, because it is not likely, though certainly possible, that they would have been dictated again in the public assembly at the end of the year. At any rate, there would be as many manuscripts of the Relectiones as there were auditors, and, since none of these manuscripts belonged to the author, the authority of the individual manuscript would be considerably lessened, for it is the consensus of the manuscripts that would give what the author probably dictated. This consensus is represented by the first and second editions and would not in all probability be disturbed by a single manuscript. Moreover, a single manuscript would be subject to all the errors attributable to writing from dictation. These reasons will become clearer from the criticisms of the first and second editions, whose editors saw and used manuscript copies of the text. FIRST EDITION. A little over ten years after Victoria's death, "par grace & priuilege du Roy est permis à Iacques Boyer libraire de Salamanca, imprimer ou faire imprimer vne fois ou plusieurs ce present liure intitule. Reuerediss. Patris Fratris Francisci de Victoria, ordinis Prædicatorum, sacræ Theologicæ in Salmanticensi Academia quondam primarij Professoris Relectiões duodecim Theologicæ." This, the first edition of the Relectiones, bears the imprint of Lyons, 1557, and was prepared for the following reasons, as Boyer relates in his dedicatory letter to the Inquisitor, Ferdinand Valdez. After mentioning the fact that the works of the early Fathers had been "truncati, confusi, obscuri, perplexi, ac denique alienis inventis conspurcati," Boyer says that this same fate befell Victoria's writings. "For one person had mutilated them by making an unhappy transcript, another had read them incorrectly, a third by suppressing Victoria's name had usurped a good and large portion of the work, and many had placed the comments of their foolish mind in the midst of his scrupulous doctrine and singular erudition not otherwise than a counterfeit jewel might be set in gold; and the glory that is due the author certain scoundrels had claimed for themselves with impunity." In these words he gives the reasons for the necessity of printing for the first time a work, which its own author had never deemed it necessary to print. Of course, we would not consider it cause for blame for the student to adapt the doctrine of his master to suit himself, provided he does not attribute the adaptation to his master, but it is a pity that Boyer did not give more definite information and mention the names of the culprits guilty of the crimes he charged. This would have been extremely interesting and useful in showing the great influence of Victoria and would have made possible a more detailed critique of Boyer's methods. The value to be attached to Boyer's edition may be deduced from the following facts. Boyer was a contemporary of Victoria and was personally acquainted with him. We would have supposed this, even if he had not said it himself, from the fact that he was librarian at Salamanca. Consequently, he had first-band knowledge of Victoria's doctrine. His text was carefully prepared from the manuscript copies of Victoria's auditors, men who wrote down Victoria's lectures as he dictated them. In fact, he feels so sure of the accuracy of his edition that he believes those who have heard Victoria s lectures will vouch for it and he even invites comparison of his edition with the manuscripts. For the convenience of the reader, Boyer prefixes a summary to each relectio and adds marginal references to some of the passages of Holy Scripture quoted by Victoria. On the other hand, the text of Boyer is not altogether free from mistakes and has so many misprints that it altogether merits the condemnation heaped upon it by Muñoz and every writer since. These errors are numerous and of many kinds. I shall not give here examples of misprints because they are so numerous and can easily be noticed by the casual reader. I have grouped a few examples, chosen at random, of other errors under several headings. Substitutions. -- B has etiam si for et sic, p 221, n. 11; Ieroboam for Ierusalem, p. 255, n. 1; exportantes for importantes, p. 258, n. 14; duabus for ducibus, p. 278, n. 1; proprios for publicos, p. 278, n. 9; iudicandum for indicendum, p. 285, n. 2; tutat for vertat, p. 285, n. 12. Omissions. -- B has omitted the words in brackets in the following: barbari non [habebant dominium, quia semper] erant in peccato mortali, p. 244, n. 13; omnes rescinduntur a fisco [et bona capiuntur ab eodem fisco], p. 228, n. 1; ad vindicandum [iniuriam], p. 279, n. 6; [non] maiorem auctoritatem habet princeps, p. 279, n. 7. Misreading of abbreviations. -- B has tum for tamen, p. 225, n. 10; tam for tamen, p. 253, n. 20; quod for qui, p. 225, n. 16; p. 231, n. 8; p. 238, n. 4; p. 239, n. 4; primum for praeterea, p. 237, n. 10; p. 241, n. 5; p. 253, n. 3; quin for quoniam, p. 246, n. 8; constituitur, vocat for constituit, vocatur, p. 257, n. 3; autem for etiam, p. 272, n. 9; nota for notandum, p. 272, n. 8; quaæque for quæ quæstio, p. 278, n. 4; sic for sicut, p. 286, n. 5, and elsewhere; Mediolanenses for Mediolani, p. 287, n. 6; pugnat for pugnant, p. 288, n. 8; qui for quae, p. 295, n. 16; prosequi for persequi, p. 264, n. 5. There is some evidence that the copy was read to the compositor and that the proof-reading was faulty. For example, B has magnoperepretium (=magnum operae pretium), p. 222, n. 4; inciviliter (=vincibiliter), p. 281, n. 10; victores (=lictores), p. 282, n. 5; iusticia, p. 285; iuvetur (=iubetur), p. 285, n. 8. SECOND EDITION. It is no wonder, then, that, although Boyer had a ten-year copyright, a second edition was published by Alonso Muñoz, O. P., and printed by Juan de Canova at Salamanca in 1565. He also secured a ten-year copyright, as is clear from the letter in the vernacular which is prefixed to his edition. This letter is followed by a dedicatory letter of Muñoz to the '"Serenissimo atque Augustissimo Hispaniarum Principe Carolo Philippo regis earundem filio," which is very complimentary to Victoria. In his letter to the reader, Muñoz explains how he came to publish a second edition of Victoria's Relectiones. He was at Salamanca helping Domingo Soto with the correction of proof of the fourth book of the Sentences, then in press, when "there appeared a little book with a most imposing title, but containing countless horrible misprints, absurdities which were disgraceful and insulting to the author as well as the whole theological school. It made one aghast to behold in the tiny body of so small a book so unbelievable an offscouring of close-packed blunders, and ashamed and sorrowful that rascals should seem to have such license towards the masterpieces of most distinguished men, and with impunity, too. This was the title of the book: 'The Relectiones of the Reverend Father, Brother Franciscus de Victoria, of the Order of Preachers, late Primary Professor of Sacred Theology in the University of Salamanca.' You observe how fair and full of promise the inscription is; and indeed in Pliny's words, its bail could be forfeited." Having found numerous and serious mistakes, Muñoz brought the matter to the attention of Domingo Soto and Melchior Cano, two of Victoria's former students, who prompted him to correct the printed book "according to the most exact copies." Later on the administer of the Holy Inquisition in the matter of examining books joined Domingo Soto in urging Muñoz to undertake the work. "Although I was aware," says Muñoz, "how unpleasant a business it was, how hard and wearisome the affair, how inglorious the labor of correcting and restoring the monuments of others, especially those so ulcerous, so altogether deranged, so piteously (I had almost said) and hostilely regarded, as these were, yet, moved by the authority of my preceptors as well as induced by love of a very fine work and of its author, Victoria, who was also my dearest of teachers, I put my shoulders under a burden which I have loved." In preparing his text, Muñoz pursued the following plan. He persuaded a fellow-religious, one Petrus ab Añaya, to read aloud the text of Boyer, while he himself ran over in his mind simultaneously the manuscript copies. When any discrepancy occurred, they halted and supplied what was wanting or corrected what was wrong. Doubtful matters were settled by consulting many manuscripts, for there was an abundance of them, and when these failed, by having recourse to the sources used by the author. All of this was done a second time and a third time, so that the editor finally gives the work to the reader with great confidence. But the criticism which Muñoz so vigorously directs against Boyer's edition can very justly be applied to his own. While Muñoz has corrected many mistakes of the first edition, he has not corrected all of them, and, moreover, falls into errors of his own. The copy which Muñoz sent to the printer, as he himself states, was Boyer's edition corrected from the manuscripts by reading aloud. One would suppose that this method of preparing copy would cause errors, and it may be due to this that certain mistakes in B have remained uncorrected in M. At any rate, there are errors in M which seem to indicate that the copy was read to the compositor. For instance, M has erant for errant, p. 231, n. 13; aversetur for adversetur, p. 259, n. 7; deincipes for principes, p. 263, n. II; diligendo for dirigendo, p. 263, n. 15; cedes for cædes, p. 279, 1. 25; poenes for penes, p. 281, n. 2; pæna for poena, p. 296, l. 25. Another source of error was the correction of B according to the authors quoted or cited by Victoria. For example, in a quotation from Sylvester, M has changed pugnat, which is found in B, to pugnavit (p. 294, n. 9) -- a change which seems to have been made to conform to Sylvester's words. But first of all, the principle underlying this procedure is false, because it is by no means evident that Victoria quoted authorities ad litteram. In fact, he often adapts a quotation, using only some of the exact words For example, in a quotation from the Institutes of Justinian, Victoria deliberately substitutes gentes for homines (p. 257, n. 4). Similar adaptations, perhaps more striking to the casual observer, are to be found in quotations from Gerson (p. 246, n. 7), from the Vulgate (p. 260, n. 6), and elsewhere. Moreover, in cases in which he should, Muñoz does not always act according to the principle which he enunciates. For example, he omits mortalium (p. 277, n. 5), which is found in B as well as in the passage quoted from St. Augustine. In spite of Muñoz's boasted carefulness in correcting the errors of B, many of these errors remain uncorrected or have been miscorrected. To this class belong the following: magnum operepetium (=magnum operae pretium), p. 222, n. 4; viri (=veri), p. 222, n. 5; quum (=quoniam), p. 246, n. 8; artes (=arces), p. 260, n. 10; erant (=errant), p. 267, n. 8; ipso (=ipsae), p. 267, n. 9; hac disputatione (=hanc disputationem), p. 271, n. 9; sciri: iure videtur (=sciri de iure, videtur), p. 284, n. 3; non dum, p. 286; indiferenter, p. 289; dificultas, p. 291. Of course, many of these uncorrected errors are purely printer's errors, and might easily have passed unnoticed when read aloud, but I mention them here to show what value is to be attached to Muñoz's vaunted triple comparison. Besides, M has also not a few misprints which are its own, yet it is unnecessary to give them in detail here. One of the most striking differences between B and M, however, is to be found in the substitutions, omissions, and additions made by Muñoz. These may have been made for several reasons. First, Muñoz may have seen some manuscripts which Boyer did not see; but, since it is more likely that Boyer saw some which Muñoz did not see, seeing that he published his edition nearly ten years nearer the time at which the Relectiones were delivered, we can not argue with any certainty from this reason. Secondly, Muñoz, in order to avoid a fancied ambiguity, may have deliberately made additions at the suggestion of the administer of the Holy Inquisition, who had suggested the work to Muñoz and had probably had some share in directing it. For example, M adds in re dubia, p. 284, n. 13; moraliter loquendo, p. 286, n. 1. Additions of this kind could have been made with a good conscience, seeing that Muñoz and his assistant were familiar with Victoria's opinions and realized the possibility of omissions of unimportant words on the part of students writing from dictation. Thirdly, it is not at all unlikely that Muñoz and his collaborator, being members of the same Order as the author, desired nothing to be published under his name that in their opinion seemed illogical, incomplete or inelegant or likely in any other way to cast reflection upon the author. They knew that Victoria never intended his lectures for publication and that, if he had, he would have polished up his language before publication. They also knew that one can speak more quickly than one can write, and consequently, that Victoria's auditors were not apt to be able to write down every word dictated by their lecturer. A principle of this character might account for such changes as the following: Christiana digna (B has simply Christiana), p. 219, n. 6; rex et dominus (B has rex vivus), p, 245, n. 5; super hoc (B has simply hoc), p. 265, n. 14; non esset respublica perfecta (B has non videtur habere Rempublicam perfectam, p. 277, n. 13; ita gladio uti (B has ira gladii uti), p. 279, n. 10; præciperet (B has præceperit), p. 279, n. 11; parandam (B has pariendam), p. 280, n. 5; profligatis (B has profugatis), p. 281, n. 7; oriuntur (B has supersunt), p. 281, n. 9; per accidens (B has Christianis), p. 287, n. 2 There is no doubt that the readings adopted by M in some of these passages are much more logical and much more Ciceronian than those of B. Fourthly, certain changes which M made, perhaps following some of the manuscripts, may have been caused by the method, used by Victoria, of dictating his lectures. Every professor, lecturing to a class, often stops to render the same thought in other words, not intending the repetition to be a part of his formal lecture, but merely explaining something in other words while his auditors are writing down what he has said first. It may well have happened that some of Victoria's students wrote down repetitions of this sort, not thinking that they might not have been part of the dictation, while others wrote down parts of repeated expressions, and still others, the slow ones, missed a word here and there, perhaps even a sentence. Such may have been the case with the following: p. 223, n. 13; p. 224, n. 9; p. 224, n. 15; p. 229, n. 1; p. 265, n. 13; p. 267, n. 16; p. 271, n. 5; p. 277, n. 13; p. 285, n. 5; p. 289, n. 1; p. 295, n. 3. It would require too much space to give each of these examples in detail here. Lastly, it must be remembered that, from their very nature, Victoria's Relectiones were delivered twice: first, during the ordinary course of the year, and secondly, at the end of the year in public. Consequently, where difference in verbiage exists between the reading of B and the reading of M, it may be attributable to this source. THIRD EDITION. Fifteen years after the appearance of the Salamanca edition there appeared at Ingolstadt another edition (1580) which Hurter terms good and which all the later editions follow. Nothing is known of the editor of this edition other than that he was "one of the Doctors of Sacred Theology in Ingolstadt." In his letter "to the Christian reader," he tells us that there are three points which he wishes to emphasize: (1) the amount of labor and toil expended by him in preparing the edition, (2) the character and greatness of the author of the Relectiones, and (3) the advantage and profit which the perusal of them will bring "even to Germans, who seem to be somewhat strange to the gymnastic and scholastic form of discussion therein employed." In connection with the first point, the editor quotes parts of the letter, which Muñoz had prefixed to his edition, and then continues: "But I do not know by what ill-chance it has happened that into this Salamanca edition, so clean, so clear, so gilded, have crept blunders and faults neither few nor trivial. It labors at times under the same faults as the Lyons edition; sometimes under faults of its own, which needs must be corrected either by reference to the Lyons edition or in some other way." It has already been shown that this criticism of M was justified. It remains now to give a brief description of his own method. The text of the Ingolstadt edition was prepared in the following manner. The editor and his associate made a careful comparison (probably, by reading aloud) of B and M, making corrections in a copy of B, which was to be sent to the printer, from a copy of M, wherever this was not evidently at fault. When a trivial mistake was found in M, the editor relied on his own judgment, but whenever a serious error was found in M, he consulted skilled theologians and philosophers, in order that by weighing all the words and opinions of the author found in both editions he might understand the mind of the author from the common judgment of many. Sometimes, even after following this plan, he could discover no method of restoring a corrupt passage. From the above, it is clear that the editor of the Ingolstadt edition had at his command the same materials as I have used, namely, B and M, and it is true that he has made some good emendations (for example, gerit vices et auctoritatem, p. 277, n. 6, where B has both nouns in the plural and M has both in the singular; sciri de iure, videtur, p. 284, n. 3, where B and M have sciri: iure videtur). Nevertheless, his text contains the self-same kinds of errors with which he chides the editors of B and M, as the footnotes to the revised text and the long list of Errata will amply show, if we may believe that Simon's edition (Cologne, 1696) is a faithful copy of the Ingolstadt edition. It is natural to expect that S will have errors peculiar to itself. For instance, pellum (=bellum) and Amprosio seem to indicate that the copy was read to the compositor by a German reader. Yet, on the whole, it is not likely that Simon would intentionally reject readings he found in the Ingolstadt edition for something incorrect. OTHER EDITIONS. The other editions of the Relectiones that followed the Ingolstadt edition are professedly based upon it and therefore need not enter into this discussion. In this number are included the editions of Lyons (1586 and 1587), Antwerp (1604), Venice (1626), Salamanca (1680), Cologne and Frankfort (1696), and Madrid (1765). PRESENT EDITION. It has been shown that B was edited from unknown manuscripts (written by Victoria's auditors), some of which were seen by the editor of M and some of which may not have been seen by the editor of M; that M was edited from B and from unknown manuscripts, some of which may not have been seen by the editor of B; that I was edited from B and M without manuscripts; and that all subsequent editions were edited from I. Consequently, since no manuscripts were available in the preparation of the present text, it was necessary to have recourse to the first and second editions, whose editors had used manuscripts in establishing their texts. For this reason a careful collation was made of B, M, and S, the latter being used as a late representative of the text. Upon a typewritten copy of S, the variant readings of B and M were indicated interlinearly in inks of different colors. The footnotes to the text explain these textual differences, and notwithstanding the presence in this edition of the photographic reproduction of S, the variants of S have generally been given for the purpose of showing where S has made mistakes or proper corrections. Accordingly, unless otherwise stated in the footnotes, the text which follows is the text which appears in B and M, and substantially in S. It is true that many of the footnotes are not necessary in themselves, but they have been retained for reference from some other footnote or to show in general how the different editors have handled the text. The wording of the footnotes has been made as brief as is consistent with clarity of expression, yet the footnotes themselves differ from those usually employed in critical texts (e. g., the Teubner series or the Oxford series) in that they are somewhat fuller, make explanatory statements, and have corresponding index figures in the text itself. This variance from customary procedure was deemed advisable because of the primary object in including a revised text in the present edition. For this reason also the body of the text in the footnotes is in English instead of Latin and the usual style of type has been reversed by using italics for variant readings and Roman for remarks concerning variants. The revised text presented herewith falls into three parts: (1) the argument of the author; (2) additions made by editors; and (3) quotations and citations made by the author from the Bible, Canon Law, Civil Law, and other authorities. With regard to the author's argument, this has been retained in the text throughout, even when a mistake is evident, provided it is probable that the mistake was Victoria's and not that of his auditors or editors (e. g., p. 249, n. 8). Because of the repetitions made by the lecturer and the omissions made by the auditors, it is impossible sometimes to secure with any surety the words uttered by Victoria. In such cases, the readings preferred by the editor of this revised text have been retained in the text and the others have been recorded in the footnotes with any necessary explanation. The orthography, however, has been changed to conform with modem usage. For this purpose. Bennett's The Latin Language (Boston, Allyn & Bacon, 1907) has been followed, as having in the most convenient form in English the material covered by Brambach's Hülfsbüchlein für Lateinische Rechtschreibung and Die Neugestaltung der Lateinischen Orthographie in ihrem Verhältniss zur Schule. Yet i has been retained for i (cons.) and V for capital u (vocal.). Wherever the spelling of a word is not explicitly found in The Latin Language (§§ 57-61), Harper's A New Latin Dictionary (New York, 1895) has been followed; and wherever two forms are allowable, the one found in Victoria's text has been retained. With regard to additions to Victoria's text made by Boyer and Muñoz and their associates, very little can be established with certainty. Occasionally footnotes have been added suggesting the probability of certain phrases having been added or omitted by the one or the other. However, it is fairly certain that the titles of the individual relectiones were not given by Victoria himself. Moreover, the summaries which precede the text were supplied by Boyer, as he himself states, and the wording of these was changed to a considerable extent by Muñoz and the unknown editor of the Ingolstadt edition. Since this was not the work of Victoria, it could have been omitted from the present text or at least relegated to footnotes. The former would have been unwarrantable so far as the history of the text is concerned; the latter would have been inconvenient and undesirable for the present purpose. Consequently the summaries have been retained as a part of the text. Boyer also added marginal references to some of the citations from the Bible. This was supplemented by Muñoz and further supplemented by the editor of I or a subsequent edition, to the extent of following the argument proof by proof. All of these references have been retained unless manifestly incorrect. However, the orthography has been changed to conform with modem usage. With regard to quotations made by Victoria, every instance has been verified, where possible, in the original text of the authority quoted. Wherever there is a well-recognized critical edition, the verification has been made according to it, and notes have been added to show differences between the text of the authority quoted and the text of the quotation. Some of these differences may be accounted for from the fact that Victoria probably used a different edition from the one used for verification. For instance, quotations from the Bible were verified by Fillion's edition of the Clementine revision of the Vulgate, whereas this revision was made after the Council of Trent many years after Victoria's death. Moreover, wherever no well-recognized critical edition is available, verification has been made according to an edition ante-dating Victoria, if possible, though in some cases I considered myself fortunate in having access to any edition whatsoever. The orthography of the quotations has been changed to conform with that used by the authority quoted, but the exact words themselves have not been made to so conform. The exact words of the authority quoted have been given in full in the footnotes. In some cases, this was very desirable, because of the inaccessibility of the work quoted and the frequent use of abbreviations in the original; in other cases, it was desirable merely for purposes of comparison, to show how accurately Victoria used his sources. Consequently, when Victoria quotes someone's opinion, it is precisely as he gives it, unless otherwise stated in the footnotes. Citations have also been verified in the same way, although at times this was extremely difficult, owing to the fact that Victoria sometimes merely mentions the author's name. For instance, he makes no exact reference to the Summa of Agostino Trionfi, a work which is printed in small type with no indention of paragraphs and no index. In some cases, because of their inaccessibility, it was impossible or impracticable for me to make any verification whatsoever. This was the case with the works of the following: Pope Adrian VI, Cardinal Pierre d'Ailly, Jacques Almain, Berosus of Babylon, Conrad of Megenberg (?), Guillaume Durand de Saint Pourçain (?), Richard Fitzralph of Armagh, Guido de Baysio, Guillaume d'Auvergne (?), Guillaume d'Auxerre, Henry of Ghent, Hervaeus Natalis, loannes de landuno, William Occam, Petrus Paludanus and Hugo Vercellensis (?). In any case, references in the text below to the texts of the authorities quoted have been written in a uniform manner in parentheses and footnotes have been added in order to make the reference as exact as possible without adding anything to the text of Victoria. This statement will become clear from the following explanation of how four of five of the most frequently quoted authorities have been treated in this revised text. The first of these is the Bible, which Victoria cited by naming the book with varying abbreviations and the number of the chapter. He did not name the number of the verse, because the division into verses was not made by Stephanus until 1545, thirteen years after Victoria delivered the two lectures concerned and probably did not obtain current use for many years thereafter. It would be interesting to find out exactly which edition of the Vulgate Victoria used and knew best, but, aside from mentioning wherein Victoria's quotations differ from the Clementine revision now in general use, it has not been thought worth while to go into the question further. In the text below, the title of the book has been uniformly abbreviated by using the first syllable and the first letter of the second syllable; the chapter has been indicated by its number simply. For example, "Deut., 17," means Chapter 17 of Deuteronomy. The number of the verse and, when not given in the text, the number of the chapter also, are given in the footnotes together with the exact words of the Vulgate, when these differ from those given by Victoria. These differences are to be accounted for partly from the fact that Victoria occasionally quotes from memory or consciously adapts a quotation and partly from the fact that Victoria used an early edition of the Vulgate, perhaps one of the Stephanus editions (e. g., see p. 220, n. 5). The orthography of the exact words of the Vulgate has not been changed except in the use of i to represent i (cons.). As would be expected in a work of this character, the second most frequently quoted authority is the Corpus Iuris Canonici. Victoria quotes this work in the manner usually employed by writers of the fifteenth and sixteenth centuries. Part I of the Decretum Gratiani is referred to by distinctio and canon and Part II is referred to by the number of the causa, by quaestio and by the opening words of the canon, thus, "I distin., c. ius gentium," and "23, q. 1, quid culpatur." In the present text, the varying abbreviations have been uniformly written, thus, "Dist. 1, can. ius gentium," and "23, qu. 1, can. quid culpatur," while in the footnotes the references are given in the present method of citing the Decretum and a statement is added containing the name of the author and the work from which the canon has been drawn, thus, "Decr., 1, 1, 9, which is an excerpt from St. Isidore of Seville, Etymologiae, lib. 5, cap. 6," and "Decr., 2, 23, 1, 4, which is an excerpt from St. Augustine, Contra Faustum Manichaeum, lib. 22, cap. 75." The Decretales Gregorii Papae IX are referred to by titulus and caput and the Liber Sextus Decretalium D. Bonifacii Papae VIII by titulus and caput with "lib. 6" or "lib. vi" added. These, likewise, have been treated in the manner described above. When the quotation differs from the passage quoted, as given in Friedberg's edition of the Corpus, the footnotes will show wherein they differ. Here, again the differences are attributable partly to the fact that Victoria occasionally quotes from memory or consciously adapts a quotation and partly to the fact that Victoria used an early edition of the Corpus. The mode of citing the Corpus Iuris Civilis follows, to a great extent, the method of citing the Corpus luris Canonici. The varying abbreviations here likewise have been uniformly written in the text and footnotes have been added using the present method of citing the individual parts of the Corpus: the Institutiones, the Digesta, and the Codex; the other parts of the Corpus do not figure in the present work. When there is a difference between the quotation and the passage quoted, as given in Krueger and Mommsen's edition of the Corpus, the footnotes will show wherein they differ. References to Aristotle are made by the number of the liber and the title of the work, thus, "tertio Ethicorum," i. e., Book 3 of the Ethics. Abbreviations of this have been extended and uniformly written as in the example given. The Sentences of Peter Lombard are similarly referred to, thus, " Quarto Sententiarum," i. e.. Book 4 of the Sentences, but here the number of the book forms a part of the title, since the work itself is not quoted, but commentaries upon it. References to the Summa theologiae of St. Thomas Aquinas are made by using the number of the part as title, thus, "Prima Parte," "Secunda Secundae," further reference giving the quaestio and articulus and sometimes the answer to objections, thus, "qu. 10, art. 12, ad secundum." References to other works and other authors should cause no particular difficulty. Every effort has been made to make the footnotes which explain these as accurate and as clear as possible. In this connection, the use of the words "p. so-and-so of the edition used" means, of course, the edition used by me for verification. A few words with regard to certain characteristics of the three editions I have been able to consult may be worth while. All diphthongs are ligatured in B, M, and S. A tilde placed over a vowel denotes the omission of an n or m in B, M, and S. Initial u is written v and interior v is written u in M. The enclitic -que is frequently written q; in B and M, less frequently in S. The words et, qui, quia, and quod, are written in the usual abbreviated forms in B and M. This may account for the omission of these words occasionally in one edition or another. Two words are joined together in B as if they were considered as one word: revera, adhoc, econtra, siqua, nosipsos, each of which occurs two or more times. Some spellings peculiar to the time are author, authoritas, etc. (B and M), autor, autoritas, etc. (S); imo (B, M, and S); quatuor (B, M, and S); charitas, charissimi (B, M, and S); caussa (S); foemina (B, M, and S); cæteri (B, M, and S); prælii (B, M, and S); foelicitas (M); and poenitere (B, M, and S). Although this orthography has been changed to conform with modem usage, nothing has been done in the way of conforming the syntax. In this connection, there are several peculiarities of syntax that are worth mentioning. The extension of quod to verba declarandi et sentiendi to express object sentences, which is unusual in classical Latin, is found quite frequently in Victoria's text, e. g., videtur quod, etc., and notandum quod, etc. This quod is usually repeated, when a subordinate clause intervenes between it and the rest of its clause. For instance, putant quod, si ponamus ignorantian invincibilem de baptismo aut fide Christi, quod statim consequitur quod possit aliquis salvari sine baptismo aut fide Christi, p. 250, § 9; videtur sequi quod, si cessarent omnes isti tituli, ... quod cessaret tota illa peregrinatio et commercium, p. 268, § 18; videtur quod, si unus velit componere et dividere vel compensare pro parte, quod alter tenetur recipere condicionem, p. 284, § 28; Non enim est intellegendum quod. si Galli exciderint unum pagum aut ignobile oppidum Hispaniae, quod liceat Hispanis (etiam si possint) praedari totam Galliam, sed pro modo et qualitate iniuriae arbitrio boni viri, p. 294, § 51; Et intolerabile esset quod, si Galli agerent praedas in pecora Hispanorum vel incenderent pagum unum, quod liceret occupare totum Regnum Francorum, p. 295, § 56. In many instances, M and later editions omit one quod or the other, perhaps unintentionally, because the abbreviation of quod could very easily be overlooked. This sort of repetition is natural and is to be expected in lectures or any form of oral discourse, where subordinate clauses are apt to intervene. Consequently, other words are similarly repeated. For example, ergo in the following: Cum ergo omnes illi sint non solum in peccatis, sed extra statum salutis, ergo ad Christianos spectat corrigere et dirigere eos, p. 262, § 9; Si ergo hoc ita expedit, ergo spectat ad auctoritatem et potestatem summi Pontificis, p. 262, § 10; Si ergo secundum leges humanas non licet in causa dubia spoliare legitimum possessorem, ergo merito potest obici principibus "Patere legem, quam ipse tuleris; quod enim quisque iuris in alios statuit, ipso eodem iure uti debet," p. 284, § 28. An in the following: Dubitari merito potest an, si plures huiusmodi Respublicae aut principes habeant unum communem dominum aut principem, an possint per se inferre bellum sine auctoritate superioris principis, p. 277, § 8; An, parta iam victoria et ubi periculum non est ah hostibus, an liceat interficere omnes, qui contra arma tulerunt, p. 291, § 45. Vtrum in the following: Vtrum qui ex ignorantia secutus est bellum iniustum, si postea constiterit ei de iniustitia belli, utrum teneatur restituere, sive loquamur de principe sive de subdito, p. 286, § 33. Quin in the following: Sed nullus negat quin incestuosus et raptor et deferens arma Saracenis et non solvens vectigalia -- quin maneat verus dominus bonorum suorum in foro conscientiae, p. 228, § 14. Quin instead of ut in the following: Vnde non videtur iniquam ut, si oppidum nihil cavendo dedatur, quin mandato principis aut iudicis aliqui, qui fuerunt notiores, occidantur, p. 293, § 49. Another striking peculiarity is found in the use of correlatives. Ita quod, for example, is found where ita ut would be expected: Haereticus ipso facto perdit dominium bonorum suorum, ita quod in foro conscientiae cadit a dominio, p. 226, § 9; Barbari non ad primum nuntium fidei Christianae tenetur credere, ita quod peccent mortaliter non credentes solum per hoc, etc., p. 250, § 10; Si cessarent omnes isti tituli, ita quod barbari nullam rationem iusti belli darent nec vellent habere Hispanos principes, etc., p. 268, § 18; Bona fide gerunt bellum, ita, inquam, bona fide, quod excusantur ab omni culpa, p. 297, § 59. Talis quod, where talis qualis or talis ut would be expected: Quando bellum est talis condicionis quod licet spoliare indifferenter omnes hostes et occupare omnia bona illorum, etiam licet ducere in captivitalem omnes hostes, p. 290, § 42. TEXTS USED TO VERIFY PASSAGES IN AUTHORS REFERRED TO BY VICTORIA. [The word colophon in brackets means that the information given is derived chiefly from the colophon.] AMBROSE, ST. Opera. Pars Prima. (Rec. Carolus Schenkl). Vienna, Tempsky, 1897. (Corp. Script. Eccles. Lat.) ANTONINUS, ST. Summa Theologica, in Quattuor Partes Distributa. Pars Secunda. Verona, Augustinus Caractonius, 1740. ARISTOTLE. Ethica Nicomachea. (Ed.3 Susemihl-Apelt). Lipsiæ, Teubner, 1912. -------- . Politica. (Ed. Susemihl-Immisch). Lipsiæ, Teubner, 1909. AUGUSTINE, ST. De Civitate Dei Libri XXII. (Rec. et comm. crit. instr. Emanuel Hoffman). Vienna, Tempsky, Vol. I, 1898, Vol. II, 1900. (Corp. Script. Eccles. Lat.) -------- . De Diversis Quaestionibus LXXXIII Liber Unus. In Patrologiæ Cursus Completus (ed. Migne), Tomus XL. Paris, Migne, 1845, pp. 11-100. -------- . Epistulæ. (Rec. et comm. crit. instr. Al Goldbacher). Vienna, Tempsky, Pars III, 1904, Pars IV, 1911. (Corp. Script. Eccles. Lat.) -------- . Contra Faustum Manichæum Libri XXIII. In Patrologiæ Cursus Completus (ed. Migne), Tomus XLII. Paris, Migne, 1845, pp. 207-518. -------- . Contra Litteras Petiliani Libri Tres. (Rec. M. Petschenig). Vienna, Tempsky, 1909. (Corp. Script. Eccles. Lat.) -------- . Quaestionum in Heptateuchum Libri VII. (Rec. Ios. Zycha). Vienna, Tempsky, 1895, (Corp. Script. Ecclea. Lat.) -------- . Contra Secundinum Liber. (Rec. Iosephus Zycha). Vienna, Tempsky, 1892. (Corp. Script. Eccles. Lat.) BAPTISTA TROVAMALA DE SALIS or DE ROSELLIS. Summa casuum conscientiæ utilissima per venerandum patrem fratrem Baptistam de Salis ... noviter compilata, quæ Baptistiniana nuncupatur ... expletum est in Nuremberg imperiali civitate partis Germaniæ per Antonium Koberger inibi concivem, 1488. [Colophon.] BARTOLOS. Omnium Iuris Interpretum Antesignani Commentaria.... Tomus Sextus.... Venetiis, 1590. BIBLIA SACRA, juxta Vulgatæ exemplaria et correctioria Romana denuo edidit ... Aloisius Claudius Fillion. Parisiis, Letouzey et Ané, 1887. CAJETAN, CARDINAL. Look under THOMAS AQUINAS, ST. CARLETUS, ANGELUS, of Chiavasso. Summa Angelica de casibus conscientiæ per venerabilem fratrem Angelum de Clavasio compilata ... maxima cum diligentia revisa, et fideli studio emendata ... Nurenberge impressa per Anthonium Koberger inibi concivem. Aug. 28, 1488. [Colophon.] CICERO. De Officiis. (Ed. Miller.) Macmillian, 1913. (Loeb Classical Library.) CONSTANCE, COUNCIL OF. Acta et decreta generalis concilii Constant diligenter elaborata et impressa in imperiali oppido Hagenow per industrium Henricum Gran inibi incolam. Expensis providi viri Johannis Rynman. April 11, 1500. [Colophon.] CORPUS IURIS CANONICI. (Ed.2 Richter-Friedberg). Lipsiæ, Tauschnitz, Vol. I, 1879, Vol. II, 1881. CORPUS IURIS CIVILIS. Vol. I. (Ed.10 Krueger-Mommsen). Berolini, apud Weidmannos, 1905. DUNS SCOTUS, IOANNES. Opus praeclarissimum in quartum sententiarum ... castigatum per venera bilem Thomam Panchet anglicum.... Impressione, ductu et impensis Anthonii Koburger Nurenberge fideliter exaratum. May 19, 1481. [Colophon.] EYMERICI, NICOLAUS. Directorium Inquisitorum F. Nicolai Eymerici Ordinis Prædicatorurn. Cum commentariis Francisci Peniae ... iterum emendatum, auctum et.... locupletatum. Venetiis, Apud Marcum Antonium Zalterium, 1595. DE GERSON, JEAN CHARLIER. Opera omnia, ... in V tomos distributa; ... Quibus accessere ... Petri de Alliaco, ... ac insuper Jacobi Almaini ... Tractatus, partim editi partim inedidi; ... Opera et studio M. Lud. EIlies du Pin, ... Antwerpiæ, Sumptibus Societatis 1706. HESIOD. Carmina. (Recensuit Aloisius Rzach). Ed. altera. Accedit certamen quod dicitur Homeri et Hesiodi. Lipsiæ, Teubner, 1908. HORACE. Epistulae. In Carmina. (Ed. Vollmer). Lipsiæ, Teubner, 1912. HUGO DE S. VICTORE. Opera. (Ed. Thomas Garzon de Bagnacaballo). Moguntiae, pub. by Antonius Hierat, printed by Ioannes Volmar, 1617, 3 vols. NETTER, THOMAS, of Walden. Thomae Waldensis Anglici Carmelitae, Theologi Praestandssimi, Doctrinale Antiquitatum Fidei Ecclesiæ Catholicæ.... nunc Reverendissimi P. Ioan. Baptistae Rubei, Ravennatis, ... nutu et favore excusum.... Tomus Primus. Venetiis, Apud Iordanum Zilettum, 1571. SALLUST. De Catilinæ Coniuratione. (Ed.4 R. Dietsch). Lipsiæ, Teubner, 1874. SYLVESTER. Summa Sylvestrina, quae Summa Summarum merito nuncupitur. (Ed. Petrus Vendra menus). Venetiis, apud Hieronymum et Nicolaum Polum, 1601. DE' TEDESCHI, NICOLO. Nicolai Tudeschii Catinensis Siculi, Panormi Archiepiscopi, vulgo Abbatis Panormitani, Commentaria Primæ Partis in Secundum Librum Decretalium.... Tomus Tertius, and in Quartum et Quintum Librum Decretalium.... Tomus Septimus. Venetiis 1588, Apud Iuntas. TERENCE. Eunuchus. In Opera. Vol. I. (Ed. R. Klotz). Leipzig, Schwickert. 1818. TERTULLIAN. De corona. In Patrotogiæ Cursus Completus (ed. Migne), Tomus II. Paris, Migne, 1845, pp. 74-102. THOMAS AQUINAS, ST. Opera omnia, iussu impensaque Leonis XIII P. M. edita. Summa Theologiae. ... Romae, ex Typographia Polyglotta, S. C. de Propaganda Fide, vols. V-XII (1889-1906). This also contains the Commentaries of Cardinal CAJETAN. -------- . Summa contra Gentiles, seu de Veritate Catholicae Fidei. Ed. nova et emendata. Augustæ Taurinorum, ex Typographia Pontificia et Archiepiscopali, Eq. Petri Marietti, 1886. -------- . Opera omnia. (Ed. Fretté.) Parisiis, apud L. Vives, 1871-1880, 34 vols. TRIONFI, AGOSTINO, of Ancona. Summa de Ecclesiastica potestate edita a fratre Augustino de Ancona. ... Impressa Venetiis arte et ingenio Joannis Leoviler de Hallis. Impensis Octauiani scoti Modoetienum. Sept. 19, 1487. [Colophon.] VERGIL. Aneidos Libri I-VI. (Apparatu critico in artius contracto iterum recensuit Otto Ribbeck). Lipsiæ, B. G. Teubner, 1895. DE VICTORIA, FRANCISCUS. REVERENDI ¦ Patris F. Fracisci Victoriæ or ¦ di. Præd. sacræ Theologiæ professoris eximij atq; ¦ in Salmaricensi Academia quondam Chatedræ ¦ primariæ moderatoris prælectorisq; incoparabi ¦ lis Relectiones vndecim. Per R. P. præsentatum ¦ F. Alfonsum Muñoz eiusde ordi, a prodigiosis in ¦ numerabilibusq; vitijs, quibus Boyeri, hoc est pri ¦ ma æditio, plena erat summa cura repurga ¦ tæ, atq; ad germana exemplaria in ¦ tegritati ac sinceritati na ¦ tiuæ restitutæ. ¦ Quarum seriem versa pagella indicabit. ¦ (Vignette) ¦ SALMANTICÆ, ¦ Apud Ioannem a Canoua. ¦ M. D. LXV. ¦ CVM PRIVILEGIO WYCLIFFE, JOHN. Tractatus de Civili Dominio Liber Primus. (Now first edited from the unique manuscript at Vienna by Reginald L. Poole, M. A.). London, published lor the Wyclif Society by Trubner & Co., 1885. SIGNS AND ABBREVIATIONS. B=Boyer's edition. M=Muñoz's edition. Arg.=Argumentum, etc. can.=canon, etc. cap.=caput, etc. Coroll.=Corollarium, etc. fin.=finalis, etc. gloss.=glossa, glossator, etc. I=Ingolstadt edition. S=Simon's edition. h.e.=hoc est. i.e.=id est. lib.=liber, etc. Prob.=Probado, probatur, etc. Prop.=Propositio, etc. Resp.=Responsum, Responsio, etc. NOTE. -- The black figures in the inside margin of pages 217-297 indicate the corresponding pages or the Photographic Reproduction included in this edition. The pages of the Photographic Reproduction corresponding to pages 209-116 are unnumbered in the original. 1. D. H. L. OMPTEDA, Litteratur des gesammten sowohl naturlichen als positiven Völkerrechts (Regensberg, 1785), p. 169. 2. D. G. MORHOFIUS, Polyhistor literarius, philosophicus et practicus (Ed. 3, Lubeck, 1732), vol. II, 1, 14, 41, p. 96. 3. See the title page of SIMON'S edition in the Photographic Reproduction in this volume. 4. NICOLAUS ANTONIO, Bibliotheca Hispana nova, vol. I (Madrid, 1783), p. 497. 5. HUGO HURTER, Nomenclator literarius, theologiae Catholicae, vol. II3 (Innsbruck, 1906), p. 1370. 6. Summa Sacramentorum Ecclesiae, ex doctrina fratris Francisci a Victoria, ... Per Reverendum patrem Praesentatum, Fratrem Thomam a Chaues, illus discipulum, ... ex secunda Authoris recognitione ... aucta, locupletata, atque illustrata est (Romae, Apud Iulium Accoltum in platea Peregrini, MDLXVII). 7. T. E. HOLLAND, Studies in international law (Oxford, 1898), p. 51. 8. T. A. WALKER, A history of the law of nations, vol. I, (Cambridge, 1899), p. 114. 9. HENRY HALLAM, Introduction to the literature of Europe in the fifteenth, sixteenth, and seventeenth centuries (London, n. d.), p. 314, column 2, note 1. 10. NICOLAUS ANTONIO, op. cit., pp. 496-497. 11. ELLIES DUPIN, Nouvelle bibliotheque des auteurs ecclésiastiques, vol. XIV (Paris, 1703), pp. 172-175. 12. ANTOINE TOURON, Histoire des hommes illustres de l'Ordre de Saint Dominique, vol. IV (Paris, 1747), pp. 55-65. 13. JACQUES QUÉTIF and JACQUES ECHARD, Scriptores Ordinis Praedicatorum, vol. II (Paris, 1721), pp.128-130. 14. EDUARDO DE HINOJOSA, Estudios sobre la historia del dericho español (Madrid, 1903), pp. 179-248. 15. JOSEPH BARTHÉLEMY, François de Vitoria. In Les fondateurs du droit international (Paris, 1904). pp. 1-36. 16. HUGO HURTER, op. cit., pp. 1367-1370. 17. Extrait du Privilege du Roy, first edition of the Relectiones, p. 3. 18. "Cuins ego memoria maxime recreor," says BOYER, Epist. ad Valdesium, prefixed to his edition. 19. Loc. cit. 20. B -- BOYER'S edition. 21. Extrait du Privilege du Roy, first edition of the Relectiones, p. 3. 22. See page 106. 23. Ad verissima exemplaria. 24. See page 106. 25. The information that follows is found in the same letter of MUÑOZ, but this part is not quoted in Simon's edition. 26. See below, p. 197. M=MUÑOZ'S edition. 27. Cf. above, p. 195. 28. See above, p. 193. 29. I have not seen a copy of this edition. The information I have given concerning it has been drawn from a letter which Simon prefixes to his edition and which purports to be a copy of the one prefixed to the Ingolstadt edition. 30. HUGO HURTER, Nomenclator literarius theologiae Catholicae, vol. 113 (Innsbruck, 1906), p. 1369. 31. See above, pp. 106-107. 32. Sec above, p. 107. 33. S=Simon's edition; I=Ingolstadt edition. 34. A copy of B is to be found in the Woodstock College Library, Woodstock, Md. 35. A copy of M is to be found in the Bouquillon Library of the Catholic University of America Washington, D. C. 36. A copy of S is to be found in the Library of Congress, Washington, D. C., and a photographic reproduction of it is included in this edition. 37. See above, p. 198. 38. See above, p. 191. 39. See above, p. 194. 40. E. g, see below, p. 117, n. 3. 41. See above, p. 200. 42. See GILDERSLEEVE AND LODGE, Latin Grammar (New York, D C Heath & Co. p. 328, § 52 p. 328, note 7. 43. For the use of quin after negative verbs of Saying and Thinking, see GILDERSLEEVE AND LODGE, op. cit., p. 357, § 555, 2.