Note 1 — Opinion of the Augustinians

The first requires that he who begins the war and by whose order it is waged be a public person, as St Augustine declares, Contra Faustum Manichæum; cited by Gratian (23 qu. I. c. Quid culpatur): Ordo naturalis mortalium paci accommodatus hoc poscit, ut susctpiendi belli authoritas atque consilium penes principes sit. Whence it is clear, as St. Thomas says Page 192(2a 2æ, q. 40, art. I),1 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 hæreticorum 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.