International law; Natural law; War (International law)
V. A people loses its form, by losing all or some of those rights,
which it had in common; and this happens, either when every individual
is reduced to slavery, as the Mycenaeans, who were sold by the Argives;
the Olynthians by Philip, the Thebans by Alexander, and the Brutians,
made public slaves by the Romans: Or when, though they retain their
personal liberty, they are deprived of the rights of sovereignty. Thus
Livy informs us respecting Capua, that the Romans determined, though it
might be inhabited as a city, that there should be no municipal body,
no senate, no public council, no magistrates, but that deprived of
political deliberation, and sovereign authority, the inhabitants should
be considered as a multitude; subject to the jurisdiction of a Praefect
sent from Rome. Therefore Cicero, in his first speech against Rullus,
says that there was no image of a republic left at Capua. The same
may be said of nations reduced to the form of Provinces, and of those
subjugated by another power; as Byzantium was to Perinthus, by the
Emperor Severus, and Antioch to Laodicea, by Theodosius.
VI. But if a nation should emigrate, either spontaneously, on account
of scarcity or any other calamity, or if by compulsion, which was the
case with the people of Carthage in the third Punic war, while she
retains her form, she does not cease to be a people; and still less so,
if only the walls of her cities be destroyed, and therefore when the
Lacedaemonians refused to admit the Messenians to swear to the peace of
Greece, because the walls of their city were destroyed, it was carried
against them in the General Assembly of the Allies.
Nor does it make any difference in the argument, whatever the form of
government may be, whether regal, aristocratical, or democratical. The
Roman people for instance was the same, whether under kings, consuls,
or emperors. Even indeed under the most absolute form, the people is
the same that it was in its independent state, while the king governs
it as head of that people, and not of any other. For the sovereignty
which resides in the king as the head, resides in the people likewise
as the body of which he is the head; and therefore in an elective
government, if the king or the royal family should become extinct, the
rights of sovereignty, as it has been already shewn, would revert to
the people.
Nor is this argument overthrown by the objection drawn from Aristotle,
who says that, if the form of government is changed, the state no
longer continues to be the same, as the harmony of a piece of music is
entirely changed by a transition from the Doric to the Phrygian measure.
Public-domain text, read in full here on John Shaqi.
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