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THis Rule requires that* 1.1 the authority be supreme, that the cause be just, that the end be publick, that the good be general, that the people receive advantage. Which is to eb understood of tribute which is not
penal, nor compensatory. For sometimes Tributes are impos'd upon a conquer'd peoplea 1.2 as fetters upon a fugitive, to load him that he run away no more; or to make amends for the charges of a war. If they were in fault, they must bear the punishment; if they did the evil, they must suffer the evil; that at the charge of the conquer'd themselves also shall enjoy peace. So Petilius said to the Gaules,b 1.3 Nos, quanquam toties lacessiti, jure victoriae id solùm vobis addidimus quo pacem tueremur, You have provok'd us, and we have conquer'd you; and yet have onely impos'd the punish∣ment of so much tribute on you, that at your charge we will keep the peace, So concerning the Greeksc 1.4 Cicero affirms that they ought to pay some part of their fruits that at their own expences they be restrain'd from undoing themselves by Civil wars.
But then this is at the mercy and good will of the Conquerour;* 1.5 for the tribute he imposes upon them as punishment, he is so the Lord of it, that however he dispose of it, it must be truly paid. And the same is the case of a tribute impos'd by way of fine upon a City or Society: the Supreme power is not bound to dispense that in publick uses; and if he does not, yet the Subject is not at liberty in his Conscience whether he will pay it or no. For in this case it is not a law of manners but of Empire; and is a private perquisite of the Prince, as the Prince himself can be a private person: which because it cannot be in any full sense or acceptation of a law, but in nature onely, so neither can the tribute be of so private emolument, but it will at least indirectly doe advantage to the Publick.
In other tributes,* 1.6 such which are legall, publick, and universall, the tri∣bute must be proportion'd to the necessity and cause of it; it must be im∣ployed in that end to which it was impos'd and paid, (for that is a part of commutative justice) it must be equally laid; that is, as far as it can be pru∣dently done, supposing the unavoidable errors in publick affairs in which so many particulars are to be considered (for this is a part of distributive justice:) and where there is a defailance in these, I mean a constant and no∣torious, there the Conscience is disoblig'd (as far as the excess and in∣justice reaches) just as it is from the obedience to other laws that are un∣just; of which I have given account, * in the third Rule of the first Chapter of this Book. But this I say is true in such tributes as are of publick and common use. For those which are for the expences and per∣sonall use of the Prince, if he spends them well or ill, the Subject is not con∣cerned; but onely that he pay it according to the law and custome. In these the Supreme power is a Supreme Lord, in the other he is but a su∣preme Steward and Dispenser.
As the laws of tribute have their originall and their obligation,* 1.7 so they have their dissolution as other laws have, with this onely difference, that the laws of tribute, when the reason ceases, if they be continued by cu∣stome, are still obliging to the Subject,d 1.8 it being reason enough that the Supreme power hath an advantage by it, which cannot be so personall but that it will, like the brightness of the Sun, reflect light and heat upon the Subject.
Lastly,* 1.9 in the levying and imposing tribute, by the voice of most men, those things usually are excepted which are spent in our personall necessi∣ties. Whatsoever is for negotiation may pay, but not what is to be eaten and drank. This tribute nevertheless is paid in Spain, for it is that which they call, Alcavala; and in Portugal, where it is called Sisa. I suppose it is the same with the Excise in England and the Low Countries; and yet is much spoken against for these reasons, 1. Because it is too greàt an indi∣cation or likeness to slavery, and an uningenuous subjection to pay tribute for our meat and drink and the necessaries of life; it is every day a com∣pounding for our life, as if we were condemn'd persons, and were to live at a price, or die with hunger, unless by our money we buy our reprieve. 2. The other reason of the complaint made against this, is because by this means the poor and he that hath the greatest charge of children, and he that is the most hospitable to strangers and to the poor, shall pay the most, who yet of all men ought most to be eased. And upon these or the like reasons the Civil Law impos'd Gabels onely upon Merchandises for trade and gain and pleasure.* 1.10 And of this opinion are generally all the Canonists and most of the Civilians, and very many Divines: but when Scholars come to dispute the interest of Princes and the measures of their gain or necessities, they speak some things prettily, but to no great purpose. In these and all other Cases of this nature, Kings and Princes will doe what they please; and it is fit they should, let us talk what we will, alwaies provi∣ded, that they remember they are to answer to God for their whole Go∣vernment, and how they should be enabled to make this answer with joy, they are to consult with the laws of God, and of the land, and with their Subjects learned in them both: and that, above all men, Princes consider not alwaies what they may doe, but what is good; and very often, what is best. * This onely. Tribute upon meat and drink is not of it self unjust; but it is commonly made so: for whether the tribute be paid onely by the Merchant, as in Castile and England, or by the Merchant and him that spends them for his need, and not for his gain, as in Portugal; yet still the poor man is the most burden'd in such cases: for the Merchant will sell the dearer, and then the evil falls upon the poor housekeeper, contrary to the intention of all good Princes; which if they will take care to pre∣vent, I know nothing to hinder them, but that by the same rules which they observe in making other laws they may take their liberty in this.
Vectigalia sine Imperatorum praecepto, neque Praesidi, neque Curatori, neque Curia constituere, nec praecedentia reformare, & his vel addere, vel diminuere licet, ff. de Publican. l. 10.
Vectigalia nova nec decreto civitatum institui possunt, Sever. C. de vectigal. nov. instit. non post. l. 2. & Gallien. l. seq. ait, Non solent nova vectigalia inconsultis principibus instituti.
Placet nullum omnino Judicem de caetero Provincialibus inferendum aliquid indicere, ut ea tdntum sedulo cunctorum studio pensitentur, quae Canonis instituti forma complectitur, vel nostra clementia decernit inferenda, vel delegatione solem∣niter sanciente, vel epistolis praecedentibus, Constantin. l. 8. C. de excusat. mun. lib. 10.
Deuter. 20.
Tacit. hist. l. 4.
Lib. 1. ad Quintum fratr. ep. 1.
Pra••crea cum pedagia, gui la∣gia, salinaria tibi legatus in∣terdixerit, au∣thoritate Apo∣stolica duximus declarandum, illa esse pedagia, salinaria, guidagia interdicta, quae non apparent Imperatorum, vel Regum, ••el Later an••nsis Concilii largitione concessa, vel ex antiqua consuetudine à tempore cujus non extat memoria introducta. Innocent. 3. de verb. signif. c. super quibusdam, § 1.
L. Universi. C. de vectig. & l. omnium. C. eod.