Page:The Philippine Islands, 1493-1803 (Volume 08).djvu/216

 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 § 10), and Cajetan (in Summa). I say "during the war," because when it is ended non licet ultra praedari.

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, 9. 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