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.

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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.
Author
Fulbeck, William, 1560-1603?
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London :: Imprinted by [Adam Islip for] Thomas Wight,
1602.
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"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A01291.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

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TO THE COVRTE∣ous Reader.

CVrteous Reader it is obserued by Seneca, that in one and the same plotte of ground, the Hound seeketh for a Hare, the Oxe for good grasse, and the Storke for a Snake or a Lizard,a) 1.1 a) 1.2 and my desire was, that in this booke of Dialogues, the seuerall students of the Canon lawe, the Ci∣uill law, and the Common lawe of this Realme, might haue diuerse repast according to their dis∣agreeing appetites,b) 1.3 b) 1.4 & matters suteable to their distinct contemplations, for it seemed straunge vnto me, that these three lawes, should not as the three Graces haue their handes linked together, and their lookes directly fixed the one vpon the other, but like the two faces of Ianus, the one should be turned from the other, & should neuer looke toward, or vpon the other: and weighing with my selfe, that these lawes are the sinewes of a state, the Sciences of gouernment, & the arts of a cōmon weale, I haue seriously & often wished,

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that some ioint discourse might be made of these three excellent lawes, whereby the agreement and disagreement of them, and the grounds, and reasons therof might euidently appeare by some very skilfull in these Lawes well grounded, and if it might be, which I neuer yet saw, professed in the same: and in such a plentiful haruest of flo∣rishing wits in this land, which are adorned with great varietie of reading, as the firmament with diuersitie of starres, I could not but expect the euent of so good a thing: yet in the end, when I saw many daies ouerpasse, and slide away with∣out the successe of my desire, taking my wish to bee somewhat more, then Vigilantis somnium; I thought it better to make some trial of my slēder abilitie, to put my wishe in practise, & to lay that heauie burden vpon mine own feeble shoulders, then that such a profitable thing should be alto∣gether frustrate of attempt, howsoeuer voide of effect: by that meane (if it might be) to excite, and stirre vp some other, quem Musae comitantur & artes, to vndertake this taske, and farre more ful∣ly iudiciously, and learnedly to accomplish this busines. For I remember the saying of D. Bar∣tolus, a principall author in the Ciuill Lawe, that those things, which are not very well inuented, yet may bee profitable in this respect, because they may perhaps prouoke others to the inuesti∣gation of the truthc 1.5 c 1.6. Great and forcible reasons haue mooued mee to haue in speciall regard the knowledge of the lawe, considering that by the good constitution, establishment, and obserua∣tion

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therof, all cōmon weales, which are growne to hight and preheminence, haue had their pros∣perous rising, their abundant increase, and their fortunate continuance; but by the want, breach, or chaunge of good Lawes, nothing hath insued but the desolation, downefall, and ineuitable ru∣ine of many dominions, and estates. Not to tro∣ble your patience with instances of pettie pro∣uinces, and inferiour regiments, by your fauours let the foure most eminēt common weales of the world be tried by this touchstone, and let my as∣sertion by their destinated courses bee measured and examined; The foure common weales I speake of, were the Cretensian, Athenian, Lacede∣monian, and Romane estates: the first was of all these the formost and most auncient, famosed by the lawes of Minos, who so studiously imployed his paines in the making and amending of lawes for the space of nine yeares together, that this Common weale being well setled, was well fenced against future mishaps, and continued in great prosperitie till the Romanes grewe too strong: The Athenian Common weale was first guided by Dracoes Lawes, written not with inke, but with bloud, rather terrours then rules of estate: wherfore these for their too great asperity being cancelled, and antiquated, Solon that sage Father, being (contrarie to the foolish Pro∣uerbe or rather by-woord) both a great Clerke, and an excellent wise man, and hauing the whole administration of that estate committed to his handes did enact, and establishe Lawes

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with such moderation, and equitie, that the greatest parte of the Lawe called the Lawes of of the xij. Tables, that absolute president, & wor∣thy platforme of all Iustice (to the full opening and cleare expoūding, of which it might bee wi∣shed that some very learned man would put to his painefull hand) are said to be the fruite and issue of his deep, and peereles iudgement. The Lacedemonian common weale was established by Lycurgus that famous lawemaker, by whose profitable directions & ordinances that com∣mon weale did for the space of sixe hundred yeeres exceedingly flourishe in equitie and glo∣rie, but when the neglect of these Lawes had entred and pearced into the body of that com∣mon weale, and wantonesse, licentiousnes and desire of money had encroched into the place of these commodious orders, they lost their re∣nowme with their libertie, and the deformitie of mens manners did wholy disfigure the beau∣tifull and decent proportion of that goodlie Common weale. Now I come by your fauour to the Romaine estate, that is, to the miracle of miracles (if any humane thing may beare so gorgious a title) surpassing farre her predeces∣sours in greatnes, happines, and continuance of time: the cause of which rare felicitie is no o∣ther in truth, then the prescript of good Lawes, made by Numa, and others, howsoeuer some partially affected, do as their seuerall fansies led the, ascribe & attribut the same to seueral causes, whose censures & opiniōs giue me leaue by your

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patience, and permssion in humblenes and mo∣desty to examine. That saying of Cicero seemeth not true vnto mee, that military vertue hath pur∣chased to the people of Rome credit, & to the City eter∣nall glory, and hath made the whole world obedient to that Empyre:d.) 1.7 d.) 1.8 nor that of Lactantius accusing the Romaines of vniustice in these wordes: Howe much profit, differeth from iustice, the people of Rome doe testifie, who proclaiming warre by their Heraulds, and doing inirie in forme of lawe, and alway desiring other mens goods, & altering the property by violence, haue atchieued to themselues the possessiō of the whole world:e) 1.9 e.) 1.10 nor that of Liuie who is directly oppo∣site to Lactantius. The gods (saith he) fauour re∣ligion and loyaltie, by which the Romanes ascended to such an height of estate:f.) 1.11 f.) 1.12 nor that of Dio vttered in person of Caesar: Our auncestors did make our Ci∣tie so great as now it is, by hazarding and exposing to daunger their owne wealth as if it had beene other mens goodes, but other Princes Dominions as belon∣ging vnto them they did not doubt to seise:g) 1.13 g) 1.14 nor that of Orosius: The citie of Rome like an vnsatiable belly did deuoure all, and yet was alwaies hungry: For in∣to her bosome all the wealth and treasure of other na∣tions robbed and spoiled by the Romaines was cōueied and transported:h) 1.15 h.) 1.16 whereupon he further exclay∣meth. Looke how happily she ouercommeth, so vn∣happily other nations are vanquished, and ouercom∣med: the happines of this Citie is the vnhapines of the

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whole world: O vnhappy world vnder this cōquerour, a subtile vnderminer, a bitter enemie, a blody tyrant:i 1.17 i 1.18 though Arnobius a man of great sanctimony do in like sort surmise that this onely City was bred for the destruction of all mankind:k 1.19 k 1.20 neither do I like Claudian his strange and paradoxical opini∣on, auouching patiēce to be the cause of the Ro∣mans prosperity. Rome (saith he) neuer sunke vn∣der the burden of mishape, and no wound dismaied it: after the great slaughter of Cannae and the dangerous war of Trebia, she did more lift vp her head, & when flames of war did one each side besiege her, and the e∣nemies ramme menaced the wal, she sent her army in∣to the farthest & most remote parts of Spain:l 1.21 l 1.22 neither do I agree to Florus & Ammianus both agreeing in opinion. The people of Rome (saieth Florius) was tossed by many labours & dangers, so that vertue and fortune might seeme to haue contended for the procu∣ring of her soueraignty:m 1.23 m 1.24 to whom Ammianus sub∣scribeth, saying: vertue & fortune did herein iumpe for the most part iarring: but the aforesaid Claudian being at another time better aduised,n 1.25 doth verie fully & truly describe the causes of the Romane prosperity. Rome was the mother of military disciplin and lawes, & (by these meanes) dilated and stretched her principality ouer all countries, & prescribed vnto thē their first laws & orders:o 1.26 o 1.27 for the good gouern∣ment of their common-weale at home,n 1.28 did make their warres to prosper abroade, and the giuing of lawes to others, made others at peace with them, and to beare the yoake of more inclinable obedience: and they which so obey, finde more

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good by the direction of lawes,p 1.29 then the prote∣ction of armes. Wherefore the Rhodians did very wisely make suite to the Romanes for their Lawes, rather then for their garisons. Whither your weapons haue pearced,p 1.30 there let your laws arriue, but more fit to iudge of these matters, then any aboue mentioned is Polibeus, a man highly com∣mended by a learned ciuilian;q 1.31 as a good soldier experienced in warlike affaires,s 1.32 as a good Cap∣tain in the regimēt of souldiers,t 1.33 as a good Iudge in the controuersies of great Princes:u 1.34 his opini∣on of the cause of the Romane glory is thus. For∣tune onely (saith he) did not purchase to the Romanes the vniuersall Empire of the world, but vertue and discipline (he meaneth I doubt not, the discipline of religion, of armes, and of law) being all of them fit instruments for such an effect:w 1.35 w 1.36 and the law is prophesied by Anchises that graue Troyan to be the very ground and occasion of the Romane felicitie: for thus he saieth to Aeneas. Regard thou (O Romane) to gouerne Nations by iust com∣maunde: these shall bee thy artes, to be mercifull to the meeke, and sterne to the proude, and to prescribe order to peace:x 1.37 x 1.38 and Hannoes speech in the Senate house of Carthage was, that the best educati∣on of young men was to bee brought vppe in the obedience of Lawes: hee speaketh thus of Hanniball. I thinke it most fit, to schole and trayne vppe this younge man, vnder Lawes and Magistrates, and that hee should bee taught to liue in iust manner amongest others, leaste from this little sparke a greate scare-fire doe growe:

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y.) 1.39 y.) 1.40 and as lawes haue supported and vpheld euery estate into which they were entertained, so the decay of them hath beene the desolation and downefall of all estates: and the common-weale of Rome (if euer any) hath tasted the lamentable bitter, and wonderfull experiment hereof. For Ciero in the person of Scipio, that excellent man, doth euidently & amply according to his man∣ner describe the ruine and declining of the Ro∣mane glory. Scipio is of opinion that the commō∣weale cannot be gouerned without great iustice, and that as in musicall instruments, a consent or har∣monie is made of distinct sounds, which being chaun∣ged & distuned, the eares are offended with an vnple∣sant iarring: so of the principall meane, and inferiour sorts of men agreeing amongest themselues, the good estate of a Citie doth grow, and that which in musticke is called harmony, in a common-weale is tearmed con∣cord, which can neuer be without iustice: but when iu∣stice was obscured & suppressed in the Romane com∣mon-weale, there was not then a vicious common-weale, but which was a great deale worse then that there was no common-weale at all, but apparant dis∣order, and confusion.a.) 1.41 And this was well percei∣ued by that ancient writer Ennius, for he bewai∣ling the great alteration and decay of the Roman common-weale, doth withall disclose the cause of that straunge accident: alas whether is the power and strength of Italie vanished: into what a slender shadow are we shrunke: the state of Rome cannot stand without the ancient manners, and magistrates:b.) 1.42 b.) 1.43 for these ancient manners which he affirmeth to be

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wholly preserued and retained by the iust go∣uernment of Magistrates, Cicero auocheth by way of comment vpon Ennius his speech to bee good lawes and customes. Before our memorie (saith he) our auncestors by custome did preferre ex∣cellent men to the Magistracie, and themselues being worthie men, did obserue the auncient customes and the lawes of our forefathers,c 1.44 c 1.45 and Saint Augustine a better Iudge then any that spoke yet, layeth all the fault & blame of the miserable & wretched estate of the Romanes vpon the breach and con∣tempt of lawes. For (saith Augustine) the noble and vn-noble were put to death, not by laws & iudge∣ment of Magistrates, but by quarrels and malice of minde.d 1.46 d 1.47

This may suffice to conclude and conuince my former assertions, that no Common-weale canne flourish without lawes, and if they bee once receiued and approoued, and afterward altered, defaced, and trode vnder foote, such contempt and carelesse neglect of lawes procureth the sodaine and finall myserie, cala∣mitie, and distreputation of that Common-weale. Nowe heare mee a little proouing like∣wise vnto you the antiquity and long continu∣ance of these three lawes (whereof the Dialogues ensuing doe beare plentifull discourse) for the good administration and regiment of all Com∣mon-weales.

The Cannon lawe is more auncient, then the other twaine, and of greater continuance. For a∣mongst the anciēt Egiptians priests were iudges.

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e 1.48 The Druidae the priestes of the auncient Galles, did iudge of all controuersies, aswell priuate as publike, and for offences they did ordaine and inflict punishment, and if any man did not obey their decree, they did interdict him their sacrifi∣ces, which was the greatest punishment amongst them: for all other did auoide the speech and company of such persons as a contagious euill:f 1.49 Numa Pompilius the second King of the Ro∣mans instituted a high Priesthood, with an infe∣riour order, and hee gaue them power to make lawes concerning spirituall things, without the controle or coūtermand of any, and as a parcel and member of religious matters, they had in charge the administration of poore mens causes, and of all such matters which in the Ciuill law are called piae causae.g 1.50 But what need heathen ex∣amples, when the Common-weale of Iudaea, that is Gods owne Common-weale doth afford plē∣tifull example & authority herein. Heli and Sa∣muel the priests of God did gouerne amongst the people of Israel.h 1.51 And so God hath expressely commanded: My priests shal teach my people, what difference there is betwixt cleane, and vncleane, and they shall iudge my laws and my precepts.i 1.52 And in another place: Aaron, and the priests shall iudge be∣twixt leprosie and leprosie.k 1.53 Iosaphat the King of Iuda, when he did appoint Iudges in all the Ci∣ties of Iuda, he did appoint also in Ierusalem Le∣uites & Priestes, that they might adiudge iustice, and the cause of the Lord vnto the inhabitants, & he appointed them to iudge of euery cause of

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their brethren which was betwixt kinred & kin∣red, whensoeuer question should be of lawe, of commaundement, of ceremonies, of iustificati∣ons; and he appointed Amasias the high Priest in those things, which belong to God:l 1.54 afterward the high Priest Iesus Christ did giue diuine laws & rules vnto his people:m 1.55 after him his Apostles,n 1.56 then Bishops and Prelates in their dioces,o 1.57 their power, their Cannons, their lawes were appro∣ued by diuers Emperors and Kings, Philip, Va∣lentinian, Marcus, Iustinian, Constantine the great, Honorius, and Theodosius,p 1.58 and many others: And by king Henry the eight of famous memory late King of England in his Parliament held the 25. yeare of his most prosperous raigne, and reui∣ued in the first yeare of our renowned Queene and Soueraign Lady Elizabeth.q 1.59 As to the origi∣nall of the ciuill law I doe not thinke, that, that which may properly bee called ciuill lawe, and was so called at the first, is any other then ius Ro∣manum, or ius antiquū Romanorum, or that which hath beene commented thereupon, or added thereunto. It is manifest that Romulus did esta∣blish lawes,r 1.60 and so did the other kings that fol∣lowed him: and that the law was brought into a conuenient form in these times, it is very apparāt by this, that M. Tullius being one of the decem∣uirs was thrust into a sacke, and by Tarquin his cōmandment was cast into the sea, because, cor∣rupted by lucre, and reward, he did suffer the booke containing the secrets of the sacred lawes of their citie, to be coppied and written out by

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Petronius a Sabine:s 1.61 & P. Papyrius is said to haue brought all the regal laws into one volume:t 1.62 and for the perfitting of the other lawes, the lawes of the 12. tables were giuen forth by the decem-viri:u 1.63 which excellent lawes if they were well, and at large explaned, would giue such light and intelli∣gence to the makers of lawes, that nothing in my simple coniecture) more cōmodious could euer happē in any cōmon-weale: these together with other constitutions made vpō principal occasion were obserued & retained as the leuel of the Ro∣mane gouernment, & wheras in the times of ciuil dissention they were repealed or discontinued, Augustus Caesar that admirable and worthie Em∣peror did reuiue the good lawes, and reformed the bad, and by the perfection of that Common∣weale brought about by him, the circle of the whole world as resting vpon that center became presently and vniuersally peaceable and quiet:a 1.64 but the Emperours succeeding him hauing more care to be great, thē to be good, made smal reckoning of these laws, but by volūtary conceit cōmanding, & forbidding, they rather raged thē raigned, & the decrees of some of thē, namely Ti∣berias, Caligula, & Cōmodus are wittily termed of the lerned ciuiliā, furores nō iudiciab 1.65 but these laws in the times of Archadius, Thodosius, & Iustiniā, re∣couered their strēgth, & shining to al the cōmon weals of Europ, as the Sun to al the climats of the earth, haue for their worthines, & necassary vse & imploimēt receiued intertainmēt, countenāce & great reward of Emperors, Kings, & Princes.

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The law of this realme hath, as the realme it selfe, suffered chaunge by conquest: yet as far as I can perceiue by record of auncient times, ra∣ther reason than soueraigntie, and consent ra∣ther then commaund, was the principall agent in the alteration. Our greatest law-makers in for∣mer times were Ina, Alured, Guthran, Edward, Ethelstane, Edmund, Edgar, Ethelred, Canutus: af∣ter their raignes ended, and their lawes establi∣shed; K. Edward the confessor (after his inaugu∣ration in the throne of England) finding in the garden of the Common-weale, some lawes like to weeds, others like to flowers; as a diligent Bee he extracted a good iuice out of the better laws, and the worser by him neglected, by difusing wi∣thered King William the Conquerour hauing wholly subdued this realme, perceiuing that his subiects did with great applause fauour the laws of King Edward: yet seeing in them somewhat which himselfe and others in politike considera∣tion disliked, imitating the frugall houswife, who knoweth that the best hony cannot be good vn∣till it be clarified and refined, singled out twelue persons out of euery shire (imitating perhaps the Romanes, who appointed decemuirs for the ma∣king of their laws:) Men of approued skill & fi∣delity, who might by exploration seuer the dross from the gold, and the erronious lawes from the conuenient and commodious,c 1.66 adding ther∣unto some customes of Normandy,d 1.67 whereof many, for the reasonablenes of thē, haue to this day continued. This lawe hath had duely in∣crease,

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many of the olde lawes standing vnalte∣red, some of them by reason of some sinister ef∣fect or sequell happening by them, iustly chaun∣ged, and others by reason of newe accidents, ad∣ioying vnto them: It hath florished long in this good estate, and of the continuance and prospe∣ritie of it, three reasons in my shallow conceite may be rendred. First, because it so agreeth with the law, religion, and discipline of the holy, Ca∣tholike, and true Church of Christ, that there is nothing in it which to the Law of God is crosse or opposite. Secondly, because other nations with whom wee haue commerce, & entercourse, doe not find their commodities or liberties to be impeached by this Lawe. Thirdly, because they are rather popular, then peremptorie, rather ac∣cepted, then exacted, and rather embraced, then perswaded. And with this I conclude, leauing these lawes to your further and more considerate commendation.

Thine in all dueti∣full respect. William Fulbecke.

Notes

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