e purpose of all that is done in the war is the final
victory, such deeds will be impious and tyrannical. And hence the
matter should not be left to the arbitrary will of the soldiers,
but should be directed by the order of him who governs them.

Second: Also, if during the war there be lack of subsistence, or of
other supplies needed for its prosecution, these may be taken from
what the enemy have, even though the owners be guiltless, and this
without obligation to restitution--the reason being that _cum licet
bellum licet apponere media necessaria ad finem victoria_. [30]

Third: _Ex jure gentium_, during the war, all movables taken from
any one of the enemy belong to him who has them, and there is no
obligation to restitution: Sylvester Presbyter (_Bellum_, 1 Sec. 10),
and Cajetan (in _Summa_). I say "during the war," because when it is
ended _non licet ultra praedari_. [31]

Fourth: After they are reduced to subjection, those who are most
guilty may be condemned to death, as also such others as regard for
the security and tranquillity of the land may determine. But it will
not be lawful to kill those of them who are found to be guiltless,
even though it be feared that they may be mischievous in the future;
for no grievance has been suffered at their hands, and means can be
found of holding them securely, as we will show presently. Those of
the inhabitants of a state who are usually deemed guiltless are lads
not yet old enough to bear arms; old men incapacitated by age, save in
the case that heretofore they have been mischievous; and the women,
unless it appear that they too have engaged in war. But it will not
suffice to say with Soto that they supply provisions for their husbands
during the war, for that is a natural right and obligation. All the
rest are deemed guilty, failing proof to the contrary; here strict
investigation is to be made, lest wrong be done.

Fifth: _Ex jure gentium_, those captured in a just war are held as
slaves. Paludanus (in 4. d. 15, q. 3) holds that this is not to be
understood as applying to Christian captives; and such is the truth,
and this provision is observed among Christian kings. But, as these
Zambales are not Christians, they may be dealt with according to the
_jus gentium_, and made slaves. Yet, inasmuch as they are a people
of small mental capacity, and hence do not realize the seriousness
of their crime, they ought not to be treated with the full vigor of
law; and therefore