International law; Natural law; War (International law)
But individuals were not allowed in the same manner to appropriate to
themselves the public property of an enemy, that is, such as belonged
to the state. Thus when the Macedonians made themselves masters of the
camp of Darius at the river Piramus, and every thing was given up to
plunder, they spared the royal pavilion, in conformity to an ancient
custom, "according to which, _as Curtius observes_, it was always
reserved as the properest place, in which the victorious prince could
be received."
There was a custom somewhat like this among the Hebrews who always
placed the crown of the vanquished king upon the head of the conqueror,
and assigned to him every thing that was taken, belonging to the royal
household. We read of the same conduct in Charles the great, who, upon
conquering the Hungarians, gave up the private property as plunder to
the soldiers, reserving for the royal use all the public treasures.
Some things indeed are too inconsiderable to be made public property.
It is a generally received maxim for such things to belong to the
individual captors.[64]
This was the practice in the ancient times of the Roman republic. A
privilege not unlike this is sometimes given to seamen, who serve for
pay. It is what the French call spoils, or pillage, including all
wearing apparel, and all gold and silver under the value of ten crowns.
On this point different customs prevail in different countries. In
Spain sometimes a fifth, and sometimes a third was allowed to the
soldiers, and at others half was reserved for the crown. On some
occasions, a seventh or tenth part was allowed to the general, and
the rest belonged to the captors, except ships of war, which belong
entirely to the crown.--Sometimes a division was made in proportion to
the hazard and expence: which was the case among the Italians, where
the third part of the prize was assigned to the owner of the victorious
vessel, another third to those who had merchandise on board, and the
remaining third to the combatants.
In some cases it happens that private adventurers are not allowed the
whole of their captures, a certain portion of which must go to the
state or to those, who have received a grant of such prizes from the
state. Thus in Spain, if in time of war ships are fitted out by private
persons, one part of the captures, which they make belongs to the
crown, and another to the Lord High Admiral. So likewise in France, and
Holland, the tenth part of a prize belonged to the Admiral, a fifth
also being previously deducted for the use of the state. But by land
it is customary upon the taking of towns, and in battles, for every
one to keep the prizes which he takes. But in excursions, every thing
taken becomes the common stock of all engaged, being afterwards divided
amongst them according to their respective ranks.
Public-domain text, read in full here on John Shaqi.
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