[63] The translation proceeds from the XV. to the XXIII. Section of the original, the intermediate Sections being only a confirmation of the preceding arguments by examples from ancient history.—Translator.
[64] Our author here speaks of things taken in battle. For upon the surrender of towns, in almost all articles of capitulation it is stipulated, that the General and other superior officers, and the officers of regiments shall preserve their swords and their private baggage, and the noncommissioned officers and soldiers shall preserve their knapsacks.
[65] "The end of such a law is to animate soldiers and privateers to pursue robbers and pirates, by the hopes of possessing things taken even from the subjects of the state."—Barbeyrac.
[66] The tenth Chapter chiefly containing remarks that have been interspersed in other parts of the work, is omitted here.—Translator.
[67] See [b. ii. chap. ii. sect. 9.]
[68] See [b. iii. ch. ii.] of this work.
[69] The translation proceeds from the XIII. to the XV. Chapter of the original.—Translator.
[70] [B. ii. ch. xv. sect. 7.]
[71] "The difficulty of recognising things of this nature, and the endless disputes, which would arise from the prosecution of the owner's claims to them, have been deemed motives of sufficient weight for the establishment of a contrary practice. It is therefore with reason, that moveables or booty are excepted from the right of postliminium, unless retaken from the enemy immediately after his capture of them; in which case the proprietor neither finds a difficulty in recognising his effects, nor is presumed to have relinquished them."—Vattel b. iii. ch. xiv. sect. 209.
[72] B. ii. ch. x. sect. 9.