mit these depredations; or whether it is not really by common consent, or by the authority of the chiefs, but by crowds of ruffians from one or several villages who commit the said injuries.
If this people have a leader, and any go out from the villages or from the province to commit assaults, then this is sufficient cause for war. The same is true, even if they do not go at his order, but if the chiefs allow them to go, and do not punish them; since they have authority and power therefor. If there are no chiefs, then it must be ascertained whether they go out by common consent, to commit assaults, even if all do not go, but only a few. For, if they go by common consent, then war may be made on them all. But war may not be made if they went out as a single band of plunderers, even when they have friends and relatives in the villages, who protect them and supply them with food. It can not be determined that the latter are accomplices; neither can they be punished, nor be dissuaded from doing it, nor even prohibited from giving them food, etc., because of their being, as is usually the case, women and children, while the former are barbarous and cruel men. In such a case, then, it could only be allowable to seek to apprehend the guilty, as well as one might, and to punish them in conformity with their crimes. But nothing may be done to the others.
But should it be by common consent, according to the first supposition, without any leader, or if they have chiefs who possess authority superior to the others, so that they may punish them as they deserve, but who do not punish these guilty ones or have them punished by their order, then, in these cases, war is allowable against the villages that shall have taken
