Page:The Philippine Islands, 1493-1803 (Volume 08).djvu/210

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206
THE PHILIPPINE ISLANDS
[Vol. 8

tine says the same (Epist. ad Bonifacium): Non quaeritur pax ut bellum exerceatur, sed bellum geritur ut pax acquiratur.[1]

But here it is to be noted that this right intention which is here required is a condition no more essential to a righteous war than to other good works, for in all these it is required, and without it no work is virtuous; and hence it is that if this right intention be wanting in the prince who levies war and in those who urge it, he would sin by wrong intention, but if the other two conditions be fulfilled, he, as Soto says, will not be held to make amends for the injuries that may be done in the war. So, too, if a judge orders a robber to be hanged, granted that ex odio suspendat,[2] he will not be held to restitution, if on the testimony adduced the man deserved hanging.

Reply

Having ascertained the conditions required to make a war just, from them we shall be able clearly to decide whether such is the war against the Zambales at present under discussion. To this question we will answer affirmatively: that it is lawful without any scruple whatever, for in it the three conditions meet which are required for a just war, as we have already said.

And first, in this war is found the first condition, namely, authority in the one who wages it, for he is persona publica, the governor of these isles; and also he has a superior who is our king. But since the cause is self-defense, as will later be proved, he has

  1. "Peace is not sought that war may be waged, but war is waged that peace may be won."
  2. "He hangs him out of hatred."