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XXXIV. Of Wast. The Enemies things may be spoyled. * 1.1
CIcero said, It is not against nature * 1.2 to spoil him, whom it is lawful to kill. No wonder then, that the Law of Na∣tions permitted the goods of enemies to be spoiled, when it had permitted them∣selves to be slain. Polybius in the fift of his Histories saith, it is comprehended in the Law of war, that the fortifications, Havens, Towns, Men, Ships, Fruits of the Enemies, and all things like, may ei∣ther be carryed away or destroyed. And in Livy we read, There are certain Laws of War, which are right to be done or sufferd; namely, for fields to be burnt, houses ruin'd, spoiles of men and cattell to be brought a∣way. You may find in Historians, almost in every page, whole Cities overthrown, or walls levelled with the ground, popu∣lations and burnings of the Countrey. And we must note, such things are law∣ful also upon those that yield. The Towns∣men, saith Tacitus, opening their gates * 1.3 submitted themselves, and all they had, to the Romans: Themselves were spared, the Town was fired.