FREE BOOKS

Author's List




PREV.   NEXT  
|<   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149  
150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   >>   >|  
ncipes sit_. Whence it is clear, as St. Thomas says (2a 2ae, q. 40, art. I), [10] that a private person cannot lawfully make war; for, if he is aggrieved, he should resort to his superior for satisfaction; and it is as little within the right of a private individual to collect such a body of men as is requisite to carry on a war. The difficulty is to understand what is meant by "public person" or "prince;" for it is plain that it is not lawful for every prince or judge whatsoever to wage war. The solution of this difficulty, according to St. Thomas (_ubi supra_,) and Cajetanus (_ibi_ and in _Summa, ch. Bellum_), and Castro (_De justa haereticorum punitione_ lib. 2, c. 4), is that by "public person" in the present case is understood the one who in his government depends not on another; such are the kings of Spain and France, also some free commonwealths, as Venice, Florence, and Ferrara: these have authority, without recourse to another, to wage war. But those princes and states whose government is not sovereign may not levy war without authority from their superior; and so the lords of Castilla and the viceroys and governors appointed by our king Philippus may not without a warrant make war. What is said applies not when war is waged for defense against enemies, but in other circumstances; for if it is for defense, such war is permitted to any governor or king, as the authors say, because _vim vi repellere licet_; [11] and thus the viceroys and governors of the Indias have authority to levy war against disturbers of the peace and quiet of the states of which they are in charge, without necessity of resorting to his Majesty for permission. The second condition of righteous war is that the cause for which it is waged shall be a just one, as St. Thomas says: "Those upon whom war is waged deserve it for the offenses that they have committed, and the grievances that they have inflicted upon the one who makes war on them." Thus says St. Augustine (lib. 83. _Quaestionum super Josue_, 9. 10), and Gratian quotes him (23, q. 2, c. _Dominus noster_): _Justa autem bella solent definiri quae ulciscuntur injurias, si gens vel civitas plectenda est, quod vel vindicare neglexerit quod a suis improbe factum est, vel reddere quod per injuriam ablatum est_. [12] And as this injury and grievance may be of many kinds, so too, many and various are the just causes of war; but we will consider here only those which make for the matter in
PREV.   NEXT  
|<   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149  
150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   >>   >|  



Top keywords:
authority
 

Thomas

 

person

 
public
 

prince

 

government

 

states

 

viceroys

 

defense

 

private


superior

 
governors
 

difficulty

 
committed
 
offenses
 

Majesty

 

deserve

 

grievances

 

inflicted

 

repellere


disturbers

 

righteous

 

condition

 

charge

 

resorting

 
necessity
 

permission

 

Indias

 

injuriam

 

ablatum


reddere

 

factum

 
vindicare
 

neglexerit

 

improbe

 

injury

 

grievance

 

matter

 

plectenda

 

civitas


Gratian
 
quotes
 

Augustine

 

Quaestionum

 

Dominus

 
noster
 

ulciscuntur

 
injurias
 
definiri
 

solent