1. The state is the only power which can prosecute war and make prize. 2. The right of private reprisal can only be exercised under specific commission from the state. 3. The title to all prizes vests originally in the state. 4. Distribution should be decreed only after adjudication of the prize by a regular tribunal of the state. 5. The method of distributing prize money is determined by municipal law. Undoubtedly the practice of nations did not, in a great many cases equal the lofty ideals of the publicists but at the same time their principles were for the most part given theoretic recognition by the sovereign authorities of states belonging to the family of nations and as centralized authority gained in strength they became more and more realized in practice. _NOTES._ Chapter II, Part 2. [1] "The Prince" was written in 1513, first published 1532, posthumously. [2] "Princes ought avoid as much as they are able to stand in anothers discretion." Machiavelli, The Prince, English Translation from Italian by Dacres, Tudor Translations, vol. 39, London, 1905, c 21. [3] "And therefore it suffices to conceive this, that a Prince, and especially a new Prince can not observe all those things for which men are held good, he being often forced for the maintenance of his state to do contrary to his faith, charity, humanity, and religion."--The Prince, c 18, p. 323. "And therefore, a wise Prince can not, nor ought not keep his faith given, when the observance thereof turns to disadvantage and the occasions that made him promise are past." The Prince, c 18, p. 322. [4] "The Prince" c 16, p. 315. [5] For Machiavelli's political theory see W. A. Dunning, A History of Political Theories, 2 Vols, New York, 1902, i, 285 et seq. [6] De Legationibus, 1548, iii, 8, quoted in Wheaton, History of the Law of Nations, p. 50. [7] Reflectiones Theologicae, 1557, vi, 52, quoted in Wheaton, op. cit. p. 41; Walker, History of the Law of Nations, p. 229. [8] De Jure et Officiis Bellicis et Disciplina Militari, 1582, Original and English translation from Latin by J. P. Bate, J. Westlake, Editor, 2 Vols, Carnegie Institution of Washington, 1912, ii, 38; taken from Spanish Ordinance, Book 14, tit. 26, par. 2. [9] Op. cit. Lib. i, c 4, 5, also see Wheaton, op. cit. p. 45 Walker, op. cit. p. 248. [10] Utopia, 1516, English translation from Latin by Robynson, Arber, Editor, English Reprint Series, vol. 2, London, 1869, p. 142, also quoted in Walker, op. cit. p. 242. [11] De La Republique, 1577, Liv. i, c 10, p. 246, quoted in Walker, op. cit. p. 262. [12] De Jure Belli, 1589, Holland Editor, Oxford, 1877, p. 250, see also Walker, op. cit. p. 265. [13] De Jure Belli et Pacis, 1625, Edition Cited, see also summary by Walker, op. cit. 313 et seq. [14] Op. cit. iii, 48. [15] Op. cit. iii. 111. [16] Op. cit. iii, 105. [17] Op. cit. iii, 145, taken from Consolato Del Mare, c 285. [18] Op. cit. iii, 145, taken from Leg. Hisp. xix, tit. xxvi, p. 2, 1.