WARD
550
WARD
jection is within the competency of the last adjudica-
tion. The history of nations, however, would indicate
that this exaction was enforced far oftener than it was
justified by proportionate necessity.
VI. The Term of the Right of War is the nation against which war can justly be waged. It must be juridically in the wrong, i. e. it must have violated a perfect right of another state, or at least be involved in an attempt at such violation. Such a perfect right is one based upon strict justice between states, and so grounding an obhgation in justice in the state against which war is to be waged. Here there is call for a distinction between the obligation of an ethical and a juridical duty. A juridical duty sup- poses a right in another which is violated by the state's neglect to fulfil that duty; not so a merely ethical duty, for this is one proceeding from some other foun- dation than justice, and so implies no right in another which is violated by the non-fulfilment of the duty. The foundation of the right of war is a right violated or threatened, not a mere ethical duty neglected. No State, any more than an individual, may use violence to enforce its neighbour's performance of the latter. Hence a foreign state may have a duty to develop its resources not for its own immediate or particular need alone, but out of universal comity to help the pros- perity of other states, for one community is bound to another by charity as are individuals; but there is in another state no right to that development founded in justice. To assume that one state has the right to make war upon another to force it to develop its own resources is to assume that each state holds its possessions in trust for the human race at large, with a strict right to share in its usufruct inhering in each other state in particular — an assumption that yet awaits proof. So, too, the need of one state of more territory for its overplus of population gives it no right to seize the superabundant and undeveloped territory of another. In the case of extreme necessity, parallel to that of a starving man, where there is no other remedy except forced sale or seizure of the territory in question, there would be something upon which to base an argument, and the case may be conceived, but seems far from arising. Similarly, a government's neglect of a juridical duty towards its own people of itself gives no natural right to a foreign state to interfere, save only in the emergency, extreme and rare enough, where the people would have the right of force against its government and by asking aid from abroad would communicate in part the exercise of this coercive right to the succouring power. Lastly, in the case of a state's wholesale persecution of the innocent with death or unjust enslavement, a foreign power taking up their cause may fairly be said reasonably to assume the call of these and to make use of their right of resistance.
In conclusion, a war, to be just, must be waged by a sovereign power for the security of a perfect right of its own (or of another justly invoking its protection) against foreign violation in a case where there is no other means available to secure or repair the right; and must be conducted with a moderation which, in the continuance and settlement of the struggle, commits no act intrinsically immoral, nor exceeds in damage done, or in payment and in penalty exacted, the measure of necessity and of proportion to the value of the right involved, the cost of the war, and the guarantee of future security.
St. Thomas, Sujnma Theologica (Rome, 1894), II-II, 40 and 108; SiJAREz, De raritale (Paris, 18(11), XIII; Bellabmine, De laicis (Naples, 18R2), III, 4 and 0; Molina. De justitta el jure (ColoKne, \7r,2). XCIX; Grote, De jure belli el pads (a.d., 1719); CosTA-RoasKm, Philosophia moralis (Innsbruck. 1886); Caste- LEiN, Philunnphia maralis (Brussels, 1899); Lawrence, Principles o/ Internatiiinal Law (Boston, 1909).
Charles Macksey.
Ward, Huon (Irish, Aedh bdidh Mac-an-bhaird), bagiographcr, b. in Donegal, about 1590; d. 8 Nov.,
les.'j. His father, Geoffrey, was Toparch of Letter-
macward, and head of the Tirconnell branch of the
ancient family of Mac-an-bhaird. From remote
time this family cultivated Uterature and filled the
office of Ollav or chief historian to the O'Donnells.
In 1607 he left Ireland for Spain, and entered the
University of Salamanca. Here he made the acquain-
tance of Luke Wadding, under whose guidance he
joined the Franciscans in 1616. After taking his
degrees and receiving ordination, he was sent by the
general of the order to lecture on philosophy at Paris,
and soon after was appointed professor of Divinity
at St. Anthony's College, Louvain. On 21 April,
1626, he was elected rector of the college. Wadding
states that Ward possessed great intellectual powers
and a profound knowledge of the Irish language and
antiquities; and John Ponce praises highly his lectures
on Scholastic philosophy and theology, affirming
that in these sciences he was second to none of the
great wxiters of his time. But Ward's chief interest
was centred in the history and literature of Ireland.
The plan of publishing the lives of the Irish saints and
other ancient records of Ireland was his; he was
pioneer and founder of the school for Irish archa?ology
that arose in the seventeenth century, with its centre
in the CoUege of St. Anthony. At Salamanca he dis-
cussed his project with Luke Wadding, who promised
him aU help from the libraries of Spain, and in Paris
he met Father Patrick Fleming, a distinguished Irish
scholar, whom he urged to visit the libraries of France
and Italy in search of Irish documents. At the time
Ward reached Louvain, St. Anthony's numbered
among its inmates several accomplished Irish scholars:
MacCaghwell, Hickey, Colgan, O'Docharty, and
shortly afterwards Br. Michael O'Clery.
Ward laid before his associates his plan for a com- prehensive history of Ireland — civil and ecclesiastical — a "Thesaurus Antiquitatum Hibernicarum ", and how the work was to be carried out. The first step was to procure original ancient Irish manuscripts or to have transcripts made of them. Father Patrick Fleming had already begun work in the libraries on the Continent, and it was decided to send Br. Michael O'Clery (belonging to a family of hereditary scholars) to Ireland to collect Irish MSS. In the meantime Ward was employed in arranging and examining the docu- ments which had been transmitted to St. Anthony's. He investigated the sources of the ancient martyr- ologies and chronicles. He was in constant corre- spondence with the early BoUandists Henschenius, Rosweydus, Papebroch, etc. on matters regard- ing the history and the saints of Ireland. John Bap. SoUerius styles him "Vir doctissimus ac hagio- graphus eximius", and saj's that Ward's arguments in proof of the Irish birthplace of St. Rumold are unanswerable. At the time of his death Ward had ready for publication several treati.ses which he intended as "Prolegomena" to his great work. The late Protestant Bishop of Down and Connor, Dr. Reeves, writing on Ward and his fellow-labourers, pays an eloquent tribute to the Irish Franciscans for their services to Irish archaeology. Ward was buried in the college church. The following are the works he left ready for publication: "De nomen- clatura hiberniip"; "De statu ct proce.ssu veteris in Hibernia reipublica;"; "Martynilogium ex multis vetuslis Latino-Hibernicum"; ".Vnagraphen magna- lium S. Patricii"; "Investigatio Ursulame expedi- tionis"; "S. Rumoldi Acta". These works were accompanied by critical dis.-^ertations and notes on historical and iopographical questions. The "Acta S. Rumoldi" was published at Louvain in 1662, by one of Ward's disciples, Thomas O'Sherin. Ward wrote Latin liymns ;uid epigrams with elegance; also many poems in Irish of great beauty and feeling. Some of the former were i)rintcd in the "Acta S. Humoldi".
