The pandectes of the law of nations contayning seuerall discourses of the questions, points, and matters of law, wherein the nations of the world doe consent and accord. Giuing great light to the vnderstanding and opening of the principall obiects, questions, rules, and cases of the ciuill law, and common lawe of this realme of England. Compiled by William Fulbecke.

The tenth Chapter.

That in the law of tributes, subsidies, and prerogatiues royal, all Nations haue consented.

AS it behoueth euerie Monarch to haue a watchfull care of his sub∣iects good, and to bend the force of his minde to the preseruation and maintenance of their safetie and good estate: so subiects should not grudge to pay vnto them tributes & subsidies, and other publike impositions, that all necessarie charges may bee substantially defraied, al conuenient designes pro∣duced into acte, and solemnely exploited. Prin∣ces therefore must haue great care of the furni∣shing of their treasurie; for who is ignorant that money is the strength and sinew of a state, howso∣euer Machiauella) 1.1 paradoxically would inferre the contrarie, a man very vnfit to defend paradoxes: by it the bounds of the Monarchie are garded, the pore are relieued, they that haue deserued well are rewarded, the publike and necessarie businesse of the common-weale is dispatched, and therefore that countrie prouerbe* 1.2 may verie well bee ad∣mitted into the princes eare, Money without stocke is frayle and brittle: And if warre bee to

bee vndertaken or maintained, how can this bee done without mony, sithence soldiers are neuer kept in order without salarie, and reward payed and distributed vnto them. Consilium principum fuit (saith Pollio) vt milites, quo solent placari genere, sedarentur: promissis itaque per Martianum aureis vicenis, & acceptis &c.b) 1.3 Philip king of Macedonia was wont to say, that there was no sconce, tower, or forcelet so strong, into which an Asse lodened with money might not enter, and it hath beene noted of Phillip late king of Spaine, that he effected more by his Indian gold, then his Spanish yron. Therefore Horace saith:

Aurum per medios ire satellites Et perrumpere amat saxa, potentius Ictu fulmineoc) 1.4.

Therefore it is good for a prince in time of peace to prouide for the maintenance of warre: for that which is said of a citie or common weale may bee applyed to a prince or Monarch:

—foelix Tempore qui pacis bella futura timet.

And how can prouision bee made for an armie without mony, & how can an army fight without prouision: for as Cassiodorus saith: Disciplinam non potest seruare ieiunus exercitus, dum quod deest sem∣per praesumat armatus, necessitas moderamen non di∣ligit: one of the ordinarie meanes vsed in all king∣domes for the dispatch and accomplishment of publike affayres hath from all antiquitie beene

tribute payed by the subiectes to their prince, a thing as ancient, so necessarie: and Tacitus wisely collecteth the conueniencie of it: neque quies gen∣tium sine armis, neque arma sine stipendijs: neque sti∣pendia sine tributis haberi possuntd) 1.5: The Romanes did maintaine their warres by tribute; for after Pompeies victory which hee had against Mithrida∣tes, they had out of Asia maior six millions and a halfe, out of the lesser Asia onely two millions, which none will maruell at, that knoweth Asia to bee a fertill and fruitfull countrie, greatly re∣plenished with the varietie of the fruites of the earth, with the largenesse of pasture, and the ranknesse of the soyle, and the multitude of such thinges as are transported into other countries for sale: but the tribute of other prouinces was so slender, that it scarcely sufficed for the de∣fence and protection of theme) 1.6. And all France did not yeelde the thirde parte of that tribute vnto the Romanes, which some part of Fraunce did afterward pay vnto their kings, as Alciat hath obseruedf) 1.7: neyther am I of the minde of Phillip Commineus, who denieth generally that princes may command tributesff) 1.8: for I make no doubt but a conqueror may commaund tribute, and all that come in vnder the conquerour by the law of nations: and therefore the Romane generall saith vnto the French men: Iure victoriae tributum vo∣bis addidimusg) 1.9: And Iustinian doth commaund that tributes may be imposed vpon the Zani be∣ing

conquered vt victos se agnoscerent: and the Iewes though they had beene clearly conquered (for their citie was sacked, their temple possessed, their Sanctum sanctorum looked into: for as Flo∣rus saith: Impiae gentis arcanum illud vidit sub aureo vti coeloh) 1.10:) yet craftily after their manner, because they would haue Christ to haue challenged their earthly kingdome, by that mean to draw him into hatred with Caesar, they demaunded of him whe∣ther it were lawful to giue tribute to Caesar: but he that alway professed, Regnum meum non est ex hoc mundo, gaue them a bone to gnawe, Date quod est Caesaris Caesari, and quod Dei Deoi) 1.11: for in deed tributes are allowed by the law of Godk) 1.12: & therefore Cicero saith excellently, that tribute is victoriae praemium, poena bellil) 1.13: And Orosius al∣most as excellently, that it is vinculum pacis, monu∣mentum bellim) 1.14. And though the Spaniards, Ger∣manes and English, doe seeme rather to offer a tri∣bute to their Monarch then the Monarch to com∣maund it, (for the curtesie of England is great, the clemencie of their princes greater) yet for England thus much I dare speake, & vnder the rule of mo∣destie protest, that sithence the vniuersal conquest of William, who first commanded and imposed tri∣bute vpon this land (for conquerours may com∣maund) tribute and subsidie haue beene as iustly both by the law of God, and the law of nations, payed in England as in Iewrie, yea and iustly con∣tinued as a remembrance of a conquest: where∣fore

it is diuinely said of that great diuine Tertulli∣an: Agri tributo onusti, hominum capita stipendio censa, notae sunt captiuitatis: Lands charged with tri∣bute, polles with taxe, are signes of conquestn) 1.15. Bodinus in my mind giueth good counsell to princes to set a great impost vpon such thinges as corrupt the manners of their subiectes, as namely vppon these compounded perfumes, these paintings of the face, these Margarites, these Marchpanes, Wines,o) 1.16 and Tobacco: but vainely and contra∣dictorily to himselfe doth Bodinus say, that Haec principi prohibenda non sunt, nec si velit possit, pro∣uing it out of the fifth booke of Plato because such is the nature of men, that these things quae sanctis∣sime vetantur, auidiùs expetant; By this reason there could bee no fault, nor default forbidden: as for Bodinus I excuse him thus: Nullum fuit magnum ingenium sine mixtura dementiae, which Seneca ob∣seruethoo) 1.17: And as to Platoes authoritie this is but errare cum Platone, Plato did erre with Plato. Some∣time hee did erre, as in the discourse of intempe∣rate banquets, in the brutish lust & inward itch of Al∣cibiades, in his fond & vnclean fables: & of Athenaeus hee is more sharpely noted to bee inuidissimus, rabiosé maledicentissimus, mendacissimus, improbissi∣mus, ridicule ambitiosissimus:p) 1.18 & by his darke & am∣phibologicall writing, he is said to be the cause of the death of that thrise-worthy Romane M. Cato,q) 1.19 whose death at Vtica gaue him his dismall name,

and Solons lawes though hee were his ancestor, a great deale wiser, and farre more imployed in matters of estate, could not content him but hee must haue visioned lawes, such as were neuer vsed sithence his time, and therefore as it is likely, ne∣uer shall be vsed: For what is it that hath beene, that that shall bee, and what is it that hath beene done, that which shall bee done: And there is no new thing vn∣der the sunne,r) 1.20 and that that shalbe hath now beenerr) 1.21. But to come to my purpose again, and to another prerogatiue of princes.

Princes likewise maintayne their realmes and their estate royall by importing and bringing in such things, as be of value or price. Wherefore Liuie noteth of Carnileus Consuls) 1.22, that all the brasse and all the siluer he brought into the trea∣surie: and he saith of Fuluius, that hee brought out of Spaine into the treasurie an hundred fortie two thousand pound of siluer: and an hundred twentie seuen thousand pound of gold: and of Camillust) 1.23, that when hee had ouercome the French nation beyond the Alpes, hee brought in a hundred threescore and tenne thousande pounde of siluer, and of brasse three hundred twentie thousand: and of Flaminiusu) 1.24 that he brought out of Greece eighteene thousande pounde of siluer in bullion, and two hundred and seuentie thousand of plate, fourescore and

foure thousand shillinges, and three thousand seuen hundredde and fourteene poundes of golde: a buckler of golde entier. Of Phillippes money a hundred fortie and fiue thousande pounde, and an hundred fourteene pounde of golden crownes, which the cities bestowed on him. And Paulus Aemiliusuu) 1.25 that president of a capitaine, when he had surpised Macedonia, brought into the treasurie a thousand and two hundred sestertians. And Caesar hauing ouercome Fraunce, foure thousand sestertians. Fabius Maxi∣musx) 1.26 brought in fourescore and three thousand pound of golde, beside great quantitie of siluer. And Scipio commonlie called Asiaticusy) 1.27 did bring in after his victorie had against Antiochus, two hundred thirtie and three poundes in golden crownes, two hundred fortie and seauen thou∣sand poundes of siluer, of Phillippes rials a hun∣dred fortie thousand, and a thousand and twentie foure poundes of gold. Who can number that which Cato brought from Cyprusa) 1.28: that which Pompeieb) 1.29 brought from the Easterne & Southern warres? These by doing thus did make that com∣mon wealth great: others by doing the like may make others like. And Alexander the great did replenish all Greece with siluer, when hee had atchiued the victorie of Darius and the Persians: Looke vpon my whole armie (said he) they which be∣fore had nothing but coates of steele, do now lye in sil∣uer bedsc) 1.30. And much did Anniball enrich the Car∣thaginian

treasurie, when after his victory at Cannae he sent into the Senate of Carthaged) 1.31, three strike of golden ringes, and so compassed them by measure, though by number he could note) 1.32. And in the holie Scripture it is reported of king Salo∣mon: That the weight of gold, which was brought vn∣to him from foreine countries yearely, did amount to the value of sixe hundred, sixtie and sixe talents of gold, beside that which his collectors leuied vpon his subiectes, and tributaries, and the custome which he had of merchants, together with the tribute of the Kinges of Arabia, and the Lieutenants and Gouer∣nours of nations any waie subiect or subordinate vn∣to himf) 1.33.

Custome likewise is a prerogatiue and benefit to which Kinges and Princes are by the Law of nations entitled: It was of the auncient Italians called Portorium, because it was to be taken of thinges that were to be caried out, and to be brought ing) 1.34. The Turkish Emperour taketh the tenth part of the value of the thinges that are to be caried out of straungers, and the twentieth part of his subiectesh) 1.35. And the king of Spaine taketh in India the tenth part promiscuè, as well of straungers as his subiectesi) 1.36. And by the Law of England, Merchants strangers being made deni∣zens, shall paie custome as straungers that be not denizensk) 1.37.

It is good for euerie Prince to haue speciall care and regarde of mainteining merchandize, be∣cause

by that meane, not onelie thinges profitable are brought into a kingdome, but manie thinges are caried out to be sold, and exchanged for pub∣like good: and manie sodain chaunces do arise, wherein no small daungers are put aside by their meanes. Plutarch reporteth, that in Solons time merchandizing was held in great price, and he giueth this reason for it, because by that meane diuers foreine commodities were brought in, friendship was procured with straunge kinges, experience in manie thinges was attainedl) 1.38. And the vse of merchandizing beeing once taken a∣waie in the kingdome of Naples, was the cause that all the prouinciall people was presentlie brought to pouertiem) 1.39. And for the alluring of straunge Merchants into a Realme, their priui∣ledges must be inuiolablie obserued, especial∣lie at the times when they hold their martes, or fayres, that they may safelie goe, returne, ta∣rie, and staie with their wares, which diuers of our Statutes of England haue prouided for, Magna Chart. cap. 28. 9. E. 3. cap. 1. et 2. 14. E. 3. cap. 1. 25. E. 3. cap. 4. 27. E. 3. cap. 2. Of this mat∣ter Kings and Princes should haue good regarde: for Platoes admonition is to be followed, when hee saith, Peregrinorum commercia respub. ne auerseturn) 1.40. And Amásis the Aegyptian king was so glad of straungers resort and their com∣merce, that he graunted to the Graecian mer∣chantes meere straungers, the vse and exercise

of their rites and religion in their owne language, and for their more expedite negotiation in that Realme, there was a certaine place appointed, namelie Naucrate for the receit of foreine wareso) 1.41. And Aristotle is of opinion, that a principall citie must be erected in some conuenient place wher∣to thinges which be necessarie to this life may be abundantly conueyed, and this he would haue situate neere to the seap) 1.42. And the people of Me∣gara did iustlie complaine against the Athenians, who had vtterlie secluded them from their Ha∣uens, and from marting with themq) 1.43. This there∣fore must needes be a good meane to encrease the riches of a kingdome. But it is the Princes prero∣gatiue to permit and to forbid merchant straun∣gers at their pleasure and discretion: and therfore the Statute of Magna charta hath in it a good clause for this purpose: Omnes Mercatores, nisi ante pro∣hibiti fuerint, habeant saluum conductum exire, & venire in Angliam &cr) 1.44. otherwise some Mer∣chants may sowe bad seede, euen the seede of se∣ducement of the Princes lieges, shrowding them∣selues vnder the curtaine of exposing wares to sale: But these which are honest Merchants, and of iust meaning are not to be forbidden.

Other benefites, and prerogatiues there be, which the Law of Nations doth allow to Princes in regarde of their exceeding costes and charge that they are at in the defending, and gouerning their Realmes: For though I haue shewed before,

that a masse of wealth almost infinite was brought into the Romane treasurie: yet he that conside∣reth their great expence, and exceeding charge, will, I am sure, confesse, that this great wealth had neede to haue been verie well husbanded for the mannaging of their ordinarie affaires, other∣wise it would neuer haue stretched to the defray∣ment of their charges. Their forces did consist of two hundred thousand foote-men, of fortie thou∣sand horse-men, three thousand warlike chariots, two thousand shippes, a thousand fiue hundreth pinnasses, fourescoore gallies, double furniture of armourie, and three hundred Elephants, and in their shippes were a hundred thousand souldiers, and marrinersrr) 1.45: So that Cicero saith plainlie, that the Romanes, notwithstanding all their great reue∣nue and treasure, were scarse able to mainteine their armies) 1.46. In consideration of which great and extreame charges, the subiects of all Nations haue giuen and yeelded to their princes, diuers prince∣lie and roiall benefites and prerogatiues for the magnifying of their estate: As first the vse and benefit of salt Mines, (for as the Italian prouerbe is: Vino, oleo, è sale suono mercantia reale: Wine, oile, and salt, are the merchandize roiall.) And the Veien∣tines in auncient time being ouercome of Romu∣lus, were straitlie forbidden to absteine from the salt Mines, which were about the mouth of the riuert) 1.47. And these salt Mines were brought into better forme, and were made more commodious

for the common weale vnder the reigne of An∣cusu) 1.48. And Aurelius victor doth note, that at the self same time an impost was made, and ordeined for the sameuu) 1.49. And an other impost was made when Liuie was Censor, who of this word Salt, had the name of Salinator giuen hima) 1.50. And Paulus Aemi∣lius hauing subdued the Macedonians did reserue the prerogatiue of salt vnto the Romanes, and did forbid the Macedonians to vse any salt, that perhaps they might finde out, without the permission of the Senate. Yet the commerce of Salt he did af∣ford to the Dardanians or Troians, the auncient progenitors of the Romanesb) 1.51. And the Publicanes had Salt in farme, as may appeare by Ciceroes re∣port, and other authoritiesc) 1.52. A princelie thing doubtles it is, and for it there hath been great con∣tention betwixt great estates: as namelie betwixt the Burgundians, and the Almannes, betwixt the Hermunduri, and the Catti, together with that of Perusia vnder Paulus the third, and that of Fraunce vnder Frauncis the first, and diuers others daunge∣rous quarrels haue been about pretensed titles to Saltd) 1.53. Neither is it to be meruailed that Princes make so great accompt of it: for Homer accompted it diuine, if it be true which Plutarch reporteth of hime) 1.54. But what shall we saie now of the other en∣tralles of the earth: as Pitch, Chalke, lyme, quarrie stone, brimstone, and the like: As for gold and sil∣uer I make no question, but by the Law of nations they belong to the Prince. I would aske this que∣stion, Sithence God hath treasured in the mines

gold & siluer, & other mettals: for whom hath he treasured them? if all the Mines of gold & siluer should be in the lands of one subiect: is it lawfull for him to coine money of this siluer & gold? no verilie, as may appeare by that question of our Lord and Sauior, when he asked whose stampe or impression the money did bearee) 1.55, what shall he then do with it? shall he make plate of it: by this mean a subiect shall haue plate, & the king none, which is not conueniēt: Therfore I take the iudg∣ment giuen in the case betwixt the Q. Maiestie & the Earle of Northumberland, touching the title of these roiall Mines to be sound and grounded vpon inuincible reason: howbeit the graunt was omnium et singularum Minerarum: for the diuersitie is there by Wray well taken, that there be two sorts of Mines, mines roiall, & base mines; Now mines roiall may be subdiuided into two other kinds, those which contein in them siluer or gold entier∣lie: or which haue brasse or copper in them, and haue some vaines of gold intermixed, both these belong to the Prince: for the gold as magis dignum attrahit ad se minùs dignū: But such as haue in them meerly brasse, iron, copper, or lead, may belong vn∣to a subiect by special titlef) 1.56, notwithstanding Dio a wise & iudicial writer maketh all Mines of mettall in general publike, as belonging to the Prince or common wealg) 1.57. And mines of Pitch Cicero allot∣teth to the Prince by the like cēsureh) 1.58. And doubt∣les there is great reason for their opinion, be∣cause it should seeme that these mettalles were

created of God, not for a priuate, but a publike vse at the first: for iron and steele do principallie serue for armour, and there is a rule in the Ciuill Law, De armis publice asseruandisi) 1.59. Pitch is princi∣pallie ordeined for the glewing together of the bordes of shippes, and shippes were principallie ordeined for the common weale. Copper and Brasse haue in all ages and common weales been compaignions of the aforesaid Mettals, and haue been vsed with them, and passed with them as the shaddow with the bodie. Yet if a Prince haue transmitted his title or right vnto the base Mines to anie of his subiectes, I think he cannot by roiall claime wrest them out of his handes. And this Suetonius reckoneth as one of the concussions of Tiberius, who tooke from cities and priuate men the Mettals in which they were lawfullie inte∣restedk) 1.60. And Laurentius Medices hath been tou∣ched likewise for the same faultl) 1.61, that the landes and goods of Traitors and Felons doe by the Law of Nations belong to the king or Monarche hath been afore cleerelie prooued in the second Cha∣piter of this Treatise. But what shall we saie of Treasure found in the earth will not the Law of Nations assigne it to the Prince? Yes verilie, not∣withstanding Plato his straunge conceit, that they should be immobiles, and Dijs inferis sacri: for should there be no vse of so pretious thing, and one of the most gorgeous creatures of God. It is an argument of a froward & a brutish humour to

make vse of quarrie-stone & not pretious stone, of coal, and not of gold. The Romanes were as super∣stitious as Plato, but a great deale wiser, for they dedicated a temple to Pecunia that they might be pecuniosi, stored with moneym) 1.62. Wherefore Iu∣uenall by his leaue was deceiued, when he writ:

— et si funesta pecunia templo, Nondum habitas, nullas nummorū ereximus arasn) 1.63.

But it is no meruaile if this poet were ignorant that it was idolized: for Varro writeth, that to many of the learned their gods, their sacrifices and ceremonies were hidden and vnknowne, but M. Stamfords reason wherefore treasure should be∣long to the king is vnanswerable, and it is this quia dominus rei non apparet, ideo cuius sit incertum esto) 1.64: and it is a currant rule in all nations, In ambiguis ca∣sibus semper praesumitur pro rege. Adrianus Caesar made a lawe as Spartianus reporteth, that if any man had found treasure in his owne ground him∣selfe should haue it: if in an other mans hee shall giue the half to the owner of the soile: if in a pub∣like place he shall diuide it equally with the trea∣surie. This law was abrogated by other lawes fol∣lowing, and reuiued by Iustinian, but now and long time agoe the ciuill law hath transferred it to the prince in whose realme it is foundp) 1.65: and it is a firme conclusion in the common law: Quòd thesaurus competit domino regi, & non domino li∣bertatis, nisi sit per verba specialiaq) 1.66.

Notes

• a) 1.1

  Machiau. in lib. obseru. in Liui.
• * 1.2

  Pecunia sine peculio fragilis.
• b) 1.3

  Tr. eb. Pollio in Gallien.
• c) 1.4

  Horat. 3. Carmi. od. 16.
• d) 1.5

  Tacit. lib. 5. annal.
• e) 1.6

  Cicer. pro leg. Manil.
• f) 1.7

  Alci. l. 27. de V.S.
• ff) 1.8

  Philip. Commi. com∣ment.
• g) 1.9

  Tacit. 4. histor.
• h) 1.10

  Flor. lib. 3. histor.
• i) 1.11

  Mat. 22.
• k) 1.12

  Deut. 20.
• l) 1.13

  Cicer. in verr. 5.
• m) 1.14

  Oros. lib. 5. c. 1.
• n) 1.15

  Tertull. in Apolog.
• o) 1.16

  Bodin. lib. 6. de rep. c. 2.
• oo) 1.17

  Senec. in fin. lib. de ira.
• p) 1.18

  lib. 4. 5. 11.
• q) 1.19

  Plut. in Cat.
• r) 1.20

  Eccleast. c. 1.
• rr) 1.21

  Eccles. c. 3.
• s) 1.22

  Liui. lib. 9.
• t) 1.23

  Liui. li. 3.
• u) 1.24

  Liui. lib. 34.
• uu) 1.25

  Liui. lib. 45.
• x) 1.26

  Liui. lib. 27.
• y) 1.27

  Liui. lib. 36. 38. 39.
• a) 1.28

  Flor. lib. 3.
• b) 1.29

  Lucan. lib. 3.
• c) 1.30

  Curti. lib. 8.
• d) 1.31

  Liui. lib. 23.
• e) 1.32

  D. Augusti. lib. 3. de ciuit. dei c. 19.
• f) 1.33

  2. Chronic. cap. 3. 3. Reg. cap. 10.
• g) 1.34

  Cicer. in oration. pro leg. Manil.
• h) 1.35

  Bodin. lib. 6. de rep. c. 2.
• i) 1.36

  The booke entituled (The present state of Spaine.
• k) 1.37

  11. H. 7. ca. 14.
• l) 1.38

  Plut. in Solon.
• m) 1.39

  Pont. c. 45. de liberalit.
• n) 1.40

  Plat. lib. 12. de legib.
• o) 1.41

  Herodot. lib. 2.
• p) 1.42

  Arist. 5. po∣lit. c. 7. et 6. politic. c. 7.
• q) 1.43

  Plut. in Pe∣ricl.
• r) 1.44

  Magn. char. cap. 28.
• rr) 1.45

  Lipsi. de magistr. Rom. lib. 1. c. 4. 5.
• s) 1.46

  Cicer. pa∣rad. 6.
• t) 1.47

  Dionys. Halycar. lib.
• u) 1.48

  Liui. lib. 1.
• uu) 1.49

  Victo. lib. de vir. illustr.
• a) 1.50

  Liui. lib. 29.
• b) 1.51

  Liui. lib. 45.
• c) 1.52

  Cicer. pro le. Ma. l. sed et hi. D. de pub∣lica. l. ••. C. pro fo. l. si quis C. de vect. et com.
• d) 1.53

  Ammian. lib. 28. Tacit. lib. 13. Guicciar. lib. 12. 14. 16. 18. 19.
• e) 1.54

  Plut. in symp. 5. q. 8.
• e) 1.55

  Matt. 22. ver. 20.
• f) 1.56

  10. Eliz. Com̄ 310: In∣formac. pur Mines.
• g) 1.57

  Dio lib. 52.
• h) 1.58

  Cicer. in B••ut.
• i) 1.59

  Nou. 85.
• k) 1.60

  Suetoni. in Tiber. c. 49.
• l) 1.61

  Molin ad Dec. cons. 292.
• m) 1.62

  D. Augstin. lib. 4. de ciuit. dei. c. 21.
• n) 1.63

  Iuuen. Satyr. 1.
• o) 1.64

  22. Assis. pl. 99.
• p) 1.65

  l. 3. §. Nera∣ti. D. de acqui. posses.
• q) 1.66

  Fitzh. Coro. 281. 436.