De Indis et De iure belli relectiones (Carnegie Classics, Bate tr., 1917)
- Language:
- English
- Translation:
- J. P. Bate
- Status:
- Complete work
- Authorship:
- Written by the author
- Condition of the text:
- Clean text
- Extent:
- ~160,000 words · 759 passages
Cite this work
- APAFrancisco de Vitoria. (n.d.). De Indis et De iure belli relectiones (Carnegie Classics, Bate tr., 1917). SigPhi. https://sigphiai.com/en/works/francisco-de-vitoria/de-indis-et-de-iure-belli-relectiones-carnegie-classics-bate-tr-1917
- MLAFrancisco de Vitoria. "De Indis et De iure belli relectiones (Carnegie Classics, Bate tr., 1917)." SigPhi, https://sigphiai.com/en/works/francisco-de-vitoria/de-indis-et-de-iure-belli-relectiones-carnegie-classics-bate-tr-1917.
- ChicagoFrancisco de Vitoria. De Indis et De iure belli relectiones (Carnegie Classics, Bate tr., 1917). SigPhi. https://sigphiai.com/en/works/francisco-de-vitoria/de-indis-et-de-iure-belli-relectiones-carnegie-classics-bate-tr-1917.
What it is about
Vitoria's two relectiones: on the American Indians and on the law of war, in Latin with an English translation.
Context and history
One must know what a relectio is and how it reached us: it was a solemn lecture delivered at the university of Salamanca, and Vitoria never published anything. These texts are reconstructions made from students' notes. The thesis is a strong one: he holds that the Indians were true owners of their lands, that neither the papal donation nor discovery gave any title to take them, and that being an unbeliever or a sinner does not forfeit dominion. The modern argument about the rights of peoples starts here.
Editorial context, not a citable source: unlike the passages of the work itself, these statements cannot be checked against the corpus.
The passage to he discussed is from St. Matthew s Gospel: “ Teach ali nations, baptizing them in the name of the F ather and Son and Holy Spirit,” last chapter. 1. 2. 3- 8. 9- SUMMARY OF THE FIRST SECTION. How a person in doubt on any matter, to obtain safety of conscience, should consuit those whose business it is to give instruction in such matters. After one in doubt has taken such ad vice he ought to follow what the wise have laid down, else he will not be safe. . , Whether one in doubt ought, consistently with safety of conscience, to tollow the advice given by the wise in a doubtful matter when they lay down that to be now lawful which in other circumstances is unlawful. Whether the Indian aborigines before the arrival of the Spamards were true owners in public and in private law; and whether there were among them any true princes and overlords. . Examination of the error of those who assert that persons living in mortal sin can not have ownership of anything at ali. Mortal sin does not preclude civil ownership of the true kind. Whether ownership is lost by reason of unbelief. , , . , The divine law does not make heresy a cause of forfeiture 01 the heretic s property. Whether heresy causes loss of ownership by human law. A heretic incurs the penalty of confiscation of his property as from the date of the commission of his offense. . But although the heretic’ s offense is patent, the nsc may not seize his property before condemnation. . , , , r c Even though condemnation issues after the heretic s death, conhscation of property dates back to the time of the commission of the offense, no matter who is vested with the property. . . , Sales, gifts, and ali other modes of alienation by a heretic are void as from the date of the commission of the offense, etc. . Whether a heretic before condemnation is the owner of his property in the
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