IV. That even the incorporeal things of the people, may be by a War gain∣ed.
Now as whatsoever any particular Prisoner had when he was taken, was by the Law of Arms his or theirs that took him; so whatsoever belongs to the people in general is his or theirs that subdue them, if they will take it. For what Livy saith of such as surrender them∣selves, namely, All are given up to the Conquerour; so that what he will take to himself, and wherein and how far forth he will punish the Conquered, is wholly in his own power. The very same in a Solemn War may be said of those that are conquered. Thus Polybius, They that yield themselves up to the Romans,* 1.1 do yield up in the first place their Country, and what Towns and Cities soever are therein, together with all their Men and Women that are in them; then all their Rivers and Ports, and generally all things sacred and religious: so that the Romans are Lords of all, and they that thus surrender themselves have nothing left. And the self same Right hath the Conquerour over those that are actually conquered in a solemn War. For dedition doth but voluntarily yield up that which otherwise would be taken away by force. Hannibal encourageth his Souldiers, being ready for Battel, with this Argument, Whatsoever the Romans have by so many Conquests got and heaped up, shall together with themselves be ours af∣ter the Victory. Thus all that Mithridates had by force of Armes added to his own, Pom∣pey by subduing him annexed to the Roman Empire; wherefore even those incorporeal Right which formerly belonged to the whole Body of the people, are now by the Law of Armes the Conquerours, so far forth as he pleaseth. Thus Alba being subdued, what Rights soever the Albans enjoyed were claimed by the Romans. Whence it follows, That the Thessalians stood fully discharged of the hundred Talents for which they stood bound to the Thebans, when Alexander the Great conquering the Thebans, had by the Right of Conquest forgiven the Debt. Neither is that altogether true that Quintilian urgeth in the defence of the Thebans, namely, That that only is the Conquerours which he can lay hold on. But that Right which is incorporeal cannot be apprehended by any mans hand; and again, That the condition of an Heir is one thing, and that of a Conquerour is another; because to the Heir may pass the Right, but to the Conquerour the thing: For he that is Master of the persons, is also Master of the Estate, and of all the rights belonging to the persons. He that is himself possest as a Slave, cannot be said to possess any thing to himself; neither can he have any thing in his power to dispose of, who hath no power to dispose of himself: yea, though the Conquerour do grant unto the conquered Jus Civitatis, The Right of being a City; yet may he take away and reserve to himself whatsoever he pleaseth out of what was the Cities. It is in his own power to prescribe what bounds he will to his own bounty. Thus Caesar, in imitation of that Fact of Alexander's to the Thessalians, forgave a very great Debt to the Dyrrhachines, which they owed to another City of the adverse part. But here it might have been objected, That that War of Caesar's was not of the same kind with that concerning which this Law of Nations was instituted. So also we read that Mark Anthony commanded the Tyrians to restore unto the Jews what belonged unto them, as not being granted unto them by the Roman Senate, and whereof they were possest before the War made with Cassius; as Josephus relates it.