in Athenienses.[8a] Bononiensibus in. Venetos,[9a] Castellanis etiam in Americanos has iustas potuisse belli causas esse, et ceteris probabiliores Victoria putat,[10a] si peregrinari et degere apud illos prohiberentur, si arcerentur a participatione earum rerum quae iure gentium aut moribus communia sunt, si denique ad commercia non admitterentur.
Cui simile est quod in Mosis[11a] historia et inde apud Augustinum legimus,[12a] iusta bella Israelitas contra Amorrhaeos gessisse, quia innoxius transitus denegabatur; qui IVRE HVMANAE SOCIETATIS aequissimo patere debebat. Et hoc nomine Hercules Orchomeniorum, Graeci sub Agamemnone Mysorum Regi arma intulerunt,[13a] quasi libera essent naturaliter itinera, ut Baldus dixit.[14a] Accusanturque
Athenians,[8] and that of the Bolognese against the Venetians.[9] Again, Victoria[10] holds that the Spaniards could have shown just reasons for making war upon the Aztecs and the Indians in America, more plausible reasons certainly than were alleged, if they really were prevented from traveling or sojourning among those peoples, and were denied the right to share in those things which by the Law of Nations or by Custom are common to all, and finally if they were debarred from trade.
We read of a similar case in the history of Moses,[11] which we find mentioned also in the writings of Augustine,[12] where the Israelites justly smote with the edge of the sword the Amorites because they had denied the Israelites an innocent passage through their territory, a right which according to the Law of Human Society ought in all justice to have been allowed. In defense of this principle Hercules attacked the king of Orchomenus in Boeotia; and the Greeks under their leader Agamemnon waged war against the king of Mysia[13] on the ground that, as Baldus[14] has said, high roads were free