quaest 8. for great iniury is done to God and to the prince when his subiectes will not be ordered nor ruled by his authoritie for there is no power but of God and he that resisteth power as S. Paul saith resisteth the ordinance of God d Ep. ad Roman c. 13. and the iniurie done to a soueraigne Magistrate is done vnto God Who said vnto Samuell of whom the people craued an other king They haue not cast off thee but me that I may not reigne ouer them e 1. Reg. c. 8. And Dauid did wage battaile against Seba the sonne of Bochri who solicited the people to reuolt from Dauid to him f 2. Reg. c. 20. But because a Rebell may not properlie be called an enemie when any such armes are borne against rebels it is not to be called a warre but an exercise of princelie iurisdiction vpon traiterous and disloiall persons g Innocent in c. olim 1. de resti sp et l. which was well declared by Pompey in iustifying the warre mainteined by the Senate against Caesar and his complices h Lucan lib. 2. nequè enim ista vocari Praelia iusta decet patriae sed vindicis iram And this is confirmed by Ciceroes opinion who did not think it conuenient to send Embassadors to Anthonie nor to intreat him by wordes but that it were meete to enforce him by armes to raise his siege from Mutina for he said that they had not now to deale with Anniball an enemie to their common weale but with a rebellious Citizen i Cicer. philipp 5. And the said Cicero writeth also to Plancus that peace ought not to be concluded with the Anthonians who had besieged Brutus at Mutina calling them shamefull theefes which either ought to craue peace laying aside their Armour or if they will persist in their furie to obteine it by fight not by composition k Cicer. lib. 10. epistol episto 6. Wherefore it was vnaduisedly done by the late Earle of Essex in admitting anie article of composition with Tyrone and namelie for the restitution of such landes and possessions to which the Rebels might pretende right before the rebellion for so vpon euery iudgement giuen against them they would presentlie haue retourned to weapons And this slipperie reuolution of titles might perhappes haue stirred them to Armes who were in peaceable possession of these lands so that this would haue been nothing else but a cutting off of one of the heads of Hydra that an other might growe for surelie there will alwayes bee some cause and occasion of tumult if men may bringe into question antiqua et antiquata The Romanes would graunt nothinge at all to Rebelles beecause theyr course was to bee sterne to the proude and rebels in that they are rebels are proude in the highest degree Neither ought anie of their kinred to regarde them but to bee of Seneca his resolution Si arma quis patriae meae inferret quidquid de me meruerat perdidit referre illi gratiam scelus haberetur l Senec. lib. vlt. de beni fi And exccellent is the saying of Fredericke the second to the Fauentines Qui dum potest delinquit dignus est vt quantum potest puniatur m Sigoni lib. 18. de re Italâ— But to returne to the causes of Warre There be some causes of making warre which wee referre to God as commaunding warre as when the Iewes did referre to God the cause of the warre mooued against the Cananites n Deut. 34. 4. Exod. 23. 29. Num. 33. 51. Deut. 20. 16. 17. 18. And God denounceth irreconciliable warre against the Amalekites and he chargeth his people with perpetuall enmitie against them o Exod. 17. That kinde of Warre saith Augustine is without all doubt iust which God doth commaunde vvith whom there is no iniquitie and vvho knoweth vvhat ought to bee done to euerie man in vvhich action the armie is not so much to bee accompted the authour of vvarre as the minister thereof p August in Ios q. 10. And so the Prophet Esaie said that it was not necessarie for king Ezechias to aunsweare anie thinge to the Embassadours of the Philistines of the Israelites right in Palestine but onelie this That God vvould haue that land to bee his peoples q Esai 15. Naie the verie Heathen as the Aethiopians did vndertake euerie warre by the Oracle of Iupiter r Herodot lib. 2. And the Spartanes by lottes and miracles were mooued to make warre and to fight with the Argiues Å¿ Xenoplâ— 4. Graec. And Aeneas commeth into Italie to maintaine warre by destinies and Oracles t Nat. com 6. 14. And the Turkes doe alwaies pretende this cause of their warre that it is the commaundement of Mahomet that they should persecute men of diuerse Religion therefore they and the Persians the one seeming haereticall to the other are in continuall warre And the late king of Spaine Phillip did pretende this defence of his warres as some testifie that they were against Infidels and Heretikes u Ferrat de inimic §. 7. et 17. Yet a Doctor of his owne sect Baltasar Ayala thinketh that warre is not to be leuied against Infidels because they be Infidels although the Emperor or Pope should commaund it for their infidelitie doth not depriue them of these demesnes which uu Baltas Ayal lib. 1. de iur bel c. 2. they haue by the Law of Nations for the earth was not giuen to the faithfull onelie but to euery reasonable creature for the earth is the Lordes and the fulnes thereof the round world and whosoeuer dwell therein x Genes c. 1. Exod. 9. 29. Psal 24. 1. And the Lord maketh his Sunne to shine both vpon the good and the bad y Math. 5. in fin et c. 6. in princip and though Nabuchadnezer were an Infidell yet the Lord did giue vnto him kingdome and principalitie z Ierem. 27. 6. But in grounding warre vpon diuine causes it is good to be certaine of God his will and not to credit the aequiuocall prophecies and fantasies of men light-headed and possest of fierie spirits fit to kindle tumults and vprores for the warrants of such men are nothing els but the wracke of a number of men Such was the oracle of that Scot vnto his king consulting with him of warre against England Ibis redibis nunquam in bello moriturus which fell out afterward to be true being thus distinguished Ibis redibis nunquam in bello moriturus Such was the warrant of the Eremit moouing the imperiall armie to fight against the Ligurians zz Carol. Sâ—gon in vit Andr Anti. Such were the fond prophecies of Ball or according to some Chronicles Wall a priest who stirred vp a rebellious armie in the time of king Richard the second zzz I. Stow in Rich. 2. But from warres which displaie the banner I will passe to leagues which wrap it vp 2. As warres haue
of the Almightie The Bethshamites were not vnpunished for their prying into the Arke And the prouerbs of the heathens doe admonish vs not to bite the dead nor to wrestle with spirits It is not good to charge the dead with any other thing theÌ„ that which happened in their life for whosoeuer are departed this life stand or fall to their Lord who is the iudge of the quicke and dead and I think 〈…〉 thought of Nomomath to be but a fable the report of the serpent to be but a meere fable discrediting the author and dishonoring that worthie protector of the Christians but what say you Codicgnostes of these matters Codicgnostes I doe not remember any thing in our lawe repugnant to that which Canonologus hath aboue deliuered Nomomath What say you Anglonomophilax Anglonomoph Our law doth neyther fullie agree with that which Canonologus hath vttered neither in verie many things disagree from it as by your patience I shall at large demonstrate Wee haue a rule in our statute-law not much differing from the edict of the King of Fraunce aboue recited by Canonolog In decimis 5 One of the ancient statutes of England is compared with the edict of the king of Fraunce mortuarijs quando sub istis nominibus proponuntur prohibitioni nostrae non est locus dummodo decimarum illarum quantitas non ascendat ad quartam partem bonorum ecclesiae o Artic. cler c. 2. 10. H. 4. 1. Registr 49. b. And as to the diuersitie vsed in the Canon law where the question is facti and not iuris and where it is 6 The Canon law agreeth with the coÌ„mon attributing of the deuision of the right of tithes to the spirituall iudge de petitorio and not de possessorio M. Fitzherbert hath this assertion that if any parishioner doe disturbe or hinder a Parson or Vicar in the carying away of his tithes which is an iniurie in the fact whereas the carriage is through the waies and passages vsed and accustomed the Parson or Vicar may sue in the spirituall court for this disturbance p Fitzh N. B. 51. A. for in this case the spirituall Court proceedeth vnto excommunication q Registr 46. b. 47. a. One Parson may sue a spoliation against 7 Where one parson may sue a spoliation against the other in the spiritual court an other in the spirituall Court for the taking of tithes which belongeth to his Church though they claime by seuerall patrons and by seuerall presentments but this is to bee vnderstoode where the said tenth doeth not amount to the value of the fourth parte of the Church for otherwise the partie greeued may haue an Indicauit because the title of the patronage may come in debate But if they claime by the presentment of one patron theÌ„ a spoliation may be sued although the profits or tithes doe amount to the fourth part or third part or the moitie of the benefice because in such case the title of the patronage shall not come in debate And if a prohibition be sued hereupon the partie may haue a consultation r 2. H. 7. 12. Br. prohibit 16. Fitzh N. B. 51. C. 37. E. 45. B. 30. E. and if a man haue certaine sheepe depasturing and lying within the precinctes of the parish of N. within a yeare the parson of that parish may sue in the spirituall court for the tithe wooll of these sheepe and if the partie sue a prohibition hee may haue a consultation Å¿ Fitzh N. B. 51. D. for the suite for tithe doth properly appertaine to the spirituall Courte as by statute 8 The executors may be sued in the spiritual court it is ordeyned t 1. R. 2. c. 13. 24. H. 8. c. 12. 2. E. 6. c. 13. and it appeareth by the Register of writtes that if the pattie which withholdeth tithe make his executors and die the executors may bee sued u Registr 48. And if a man detaine tithes for his sheep which went in the parish of N. and were depasturing and couching there so long time if the partie die the parson may sue his executors for these tithes in the spirituall Court And so the Parson may sue the executors for the arrerages of tithes due by reason of certaine milnes of the testator in the life of the testator a Fitzherb N. B. 51. G. H. And the parson by prescription may in the spirituall Court claime tythes vitularum lacticiniarum of the beasts pasturing in his parish as namelie milke butter and cheese b Fitzherb ib. Regist 48. and the tythes of wooll and the tythes of honie and waxe c Fitzherb ib. and for these hee may sue in the spirituall Court and by manie authorities in our law the right of tythes is tryable in the spiritual Court d 22. E. 4. 24. 38. H. 6. 21. 22. Assis 75. But where a maÌ„ is sued for tythes of great trees aboue the age of twentie yeeres a prohibition will lye by the statute of 45. 9. Of what trees tythe may be demaunded by the statute of 45. E. â— E. 3. but of horne beames salowes and the like of what age soeuer they be being not apt for timber tythes ought to be payed e Ploid Com. en le case enter Soby Mol. And the branches of trees which be priuiledged from tythes shall be also priuiledged and the suit for the tyth branches of trees which are not priuiledged shall be in the spirituall Court as well as the suit for the tythe of the trees themselues for as Bracton saith non pertinet ad iudicem secularem cognoscere de ijs quae sunt spiritualibus annexa f Bract. lib. 5. c. 2. And thus it may appeare that as soone as the right of tythes commeth in debate the lay Court ought to cease and shall be out of iurisdiction and if it may appeare that the right of aduowson commeth in debate the spirituall Court shall be out of iurisdiction But if the parson of N. doe lease for yeares a certaine portion of his tythes rendering a rent hee shall haue an action of Dette for the rent if it be behind â—â— That the rent paied for Tythes vpon a lease for yeeres is a lay chattell at the common Law and not in the spirituall Court because the money is a lay chattell g 8. R. 2. Iurisdict 2â— D. 5. 106. And if the Parson take Oates or other graine as his Tythe and an other taketh them awaie from him the nature is altered and now they are become a lay chattell and the Parson shall haue an action of Trespas at the common Law h 35. H. 6. 39. Yea by the booke of 2. Ed. 4. if they be seuered from the ix part and not yet in the actuall possession of the Parson Yet if a stranger carie them awaie he may haue an action of Trespas i 2. E. 4. 15. 20. E. 4. 3.
part of the father that the land shall discend to the next heire of the parte of the mother that is to the race of the heyre of the males of whence the mother is discended rather then to others and in this case of Clere because the bloud which was betwixt the vncle of the part of the mother of the heire and the heire himselfe came immediatly by the womā but the bloud which was betwixt the cosin germane of the fathers side him though it came originally from the woman namely the grandmother yet it is deriued to the heire by the males so that the dignitie of the bloud doth surprise and excell the proximitie of the degree therefore it was adiudged that the cosin should haue the land i 15. Eliz. comm cleres case 442. The fourth Chapter That in making title by prescription and continuance of time immemoriall all nations haue consented OF all worldly thinges time is most puissant for it endeth some things quickly some things once and at last some things it preserueth some things it continueth vnto the end of the world and the force of time is pretily described in these poems Res omnes aeurum chalibem deglutio ferrum stagna lacus fontes ebibo tum fluuios Tabida consumit lignum lapidesque vetustas nullaquè res maius tempore robur habet If by the course of nature time be such an incroacher vpon other things then surely arte law doth imitate nature which giue vnto it such power and authoritie as to chaunge to raise to alter to defeat to strengthen and to establish titles neither doth the law of nations attend the strict circumstances of the ciuil or common law in which these two lawes doe square for by the ciuill lawe there is required iust title which the common law requireth not and bona fides a Gl. si c. illud de prescrip which the common law requireth not and continuall possession which the common lawe onely requireth Prescription was first brought in that there might be a certainty of titles and peaceable possession without contradiction for a long time might turne to a right wherefore it is well obserued in the ciuill lawe bono publico intraducta est vsucapio praescriptio vt sit aliquis litium finis b b. lib. 1. de vsucap whereupon that speech of the Lacedemonians in Isocrates is grounded Wee holde this lande giuen vnto vs by the posteritie of Hercules confirmed by the Delphicke Oracle and the inhabitantes of it being ouercome of vs heere note a triple title in showe and yet all these in effect but a prescription yee knowe well that all possessions eyther priuate or publike to bee confirmed by prescription of long time we haue held Messana more then foure hundred yeares c Isocra in Arch. And so Iepthe did pleade prescription against the Ammonites d Iudic. c. 11. This land said he haue wee possest three hundred yeares The French maintaine their title of Fraunce onely by prescription as Bodinus confesseth dd Bodin lib. de repub for conquered it was by king Edward the third that happie triumphant Monarch assured to King Henry the fifth and his heires e Graft in H. 5 not to Queene Katherine and her heyres f Pet. Mar. comm in lib. iud And some Diuines holde for others doe oppose themselues against this lawe of prescription g Aug. de te ser 105. Epiphan and obserue that the Iewes neuer made question of the title of their Semi because the Cananites did defend themselues by the prescription of 500. yeares wherefore Artabanus the Parthian king did as Tacitus sayeth Per vaniloquentiam vainely demaund of Tiberius the territories possessions of the Macedonians hauing bin h Tacit ann li. 6 a long time possest of Cyrus and Alexander And Soliman more soundly did demaunde the rightes of Constantine the Emperour after a thousande yeares i Ioui 30. 34. But most vnaduisedly of all did the king of Persia demaund all these thinges which did belong to the Persian Empire from the first foundation of their Monarchie vnto the conquest of Alexander Magnus of Constantine and his sonne and of Alexander Seuerus k Herodia li. 6. zon Ammi lib. 17. as if the auncient inhabitants of Pannonia should now claime Hungarie which the Hunnes did conquer name and to this day keepe and vaine was the quarrell which Masinissa made to the Carthaginians lande l Liui. lib. 34. alleadging that they ought to haue no more then Dido the Tyrian Queene enioyed which was no more then coulde bee compassed by the hyde of an Oxe being curt into thonges for they had possest these landes almost seauen hundred yeares likewise weake was the title which Antiochus the great pretended against the Aetolians and the Ionians because these people were once subiect vnto his auncestors hee is well confuted of the Romanes by the lawe of prescription that though his great grandfather did atchiue these cities by warre yet his grandfather and father neuer enioyed them but the cities enioyed their libertie There be some interpreters of the lawe which thinke the king of Fraunce by prescription to be exempted from the Emperours subiection m Fulg. Sacc lib. 1. C. tit 1. against whom rather adulatoriously then aptly Alciat replyeth that no prescription of time wil hold place against the Empire n Alciat lib. 5. de iust for that is not true in a prescription of time which is immemoriall that is when no man as it may be commonly beleeued hath eyther seene or heard the contrary and this by the ciuill law is the space of one hundred yeares o Alexan. 5. Cons 16. Alciat 3. cons 24. But here before I wil grant that such prescription will hold against a king or an Emperor this is onely in such case where neyther possession hath beene had nor clayme made against the said king or Emperor for if claime only haue beene made as the kings and Queenes of England haue done in entitling themselues kings and Queenes of Fraunce and beare in their scutchions the ensignes and armes of that kingdome and so keep the ciuil possession of that kingdome though they haue lost the corporall possession in such case I do not thinke that the prescription of a thousand yeares ought to preuaile but in a case of a common person prescription will hardly run against the prince Therefore it hath beene held in our bookes that if the kinges tenant in Capite bee seised of an aduowson and the church happeneth voide and hee dyeth and the sixe monethes doe passe nay suppose sixe score yeares doe passe p 14. H. 7. fol. 22. then an office is found the king shal haue the presentment notwithstanding the laps before the office But if the question be asked whether the ordinary may present by laps against the king and if he may not how the cure shall bee serued in the meane time
support a common weale then societies and fraternities For Numa Pompilius the king of the Romanes did ordeine certaine guildes of workmen and merchants and did binde them by solemne sacrifices and feasts which might be at certaine set daies celebrated to preserue loue and friendship amongest the people that they might with more ioy and comfort proceede in their priuate and publike affaires i Plut. in Num. Dionys Halicar lib. 2. And this he seemeth to haue done by Solons example who made fraternities of all sorts of men and permitted them to make Lawes touching their fraternities so they were not contrarie to the Law publikely receiued k Plut. in Solon But Lycurgus did not prescribe certaine feastes to be obserued but continuall meetings and comessations that friendship might not at any time be intermitted In other cities of Greece societies called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and throughout all Italie sodalitia were obserued To this end and purpose the Cretensians of all ages orders and sexe did banquet together in publike place l Arist in polit And in the famous Citie of London there is annuall and solemne obseruation of their feastes in euery guild which mightilie preserueth the wealth tranquilitie and florishing estate of that citie Neither is this custome dissonant from God his owne ordinance in the Iewish common weale who appointed certaine feastes and sacrifices to be obserued of the Iewes that religion towarde God and friendship amongest men might bee maintained m Numer 1. Leuit. 23. But as to the making of priuate Lawes by such guildes and fraternities Solons Law abouesaid hath been obserued almost of all common weales But the Statute of 15. Henr. 6. giueth somewhat a larger scope to guildes and fraternities in these wordes Guildes and fiaternities and companies incorporate shall not make nor vse any ordinance which may be to the diminution of the Kinges fraunchise or of other fraunchises or against the common profit of the people vnlesse it be first discussed by the Iustices of peace or the chiefe gouernors of the village and before them entred of recorde c. But when I speake of colledges companies meetings feastinges and assemblies I doe with the maine force of my hart exclude vnlawfull societies conuenticles and secreat meetinges of male-contents phantasticall and priuate humored persons But to colledges fraternities and companies erected and created by Law I see no reason but that landes and yearelie maintenance may be giuen and allowed vnto them yet not without the Princes permission who for some speciall causes fore-seene may stoppe and hinder such donations And therefore wiselie by diuers Statutes in this Realme is remedie prouided against this and a writ of Ad quod damnum deuised n Statut. de Religios 18. E. 3. pro clero cap. 3. 15. R. 2. cap. 5. Antonius the Emperour did first of all permit legacies and donations to bee made to colledges and companies excepting the colleges of the Iewes whom notwithstanding hee suffered to meete together and to haue their synagoges for religious vse o L. 1. de Iud. C. Alexander magnus did bestowe vppon his citie Alexandria built at the seauen-folde mouth of Nilus manie great priuiledges fraunchises and immunities p Ioseph lib. 3. bel Iud. So Frauncis the first being the founder of that citie which standeth at the mouth of Sequana gaue great immunitie to such as should inhabite it q Bodin lib. 1. de republ c. 6. And so diuerse of our kinges of England haue bestowed many liberties fraunchises and benefits vpon seuerall citties which M. Camden hath verie profitably very learnedly amongst other things in their due places set downe whome I need not further commende to my country-men of England to whom by his great worth and desert he is more deare and precious Quà m si illum Veneris commendet epistola Marti But I will further proceed in shewing the great prerogatiues graunted by princes and other supreame estates to citties and corporations In all ages and all common weales cities and corporations haue not only had their courts folkemote and the like but euen common councels as they are commonly tearmed and publike meetinges for the generall good of the corporations For as great profite doth arise by such societies and meetinges so nothing doth more debilitate and weaken the state of a common weale then the taking away of such Councels therefore the Romanes when they had ouercome Macedonia because they would make the estate of it weake and impuissant they did vtterly forbidde all common Councels and publike meetinges so they did when they had ouercome the Achaeans Memmius the Consull saith Liuie did dissolue all the common councels of the particular nations of Achaia and of the Phocensians and Baeotians and the other partes of Greece r Liui. lib. 35 But when these regions and prouinces were sufficiently quieted and soundly knit to the bodie of the Romane Empire then as Strabo reporteth their auncient Councels were restored vnto them but the Romanes did neuer alter the liberties of any citie vnlesse they were abused to their hurt as appereth by the words of Florus Critolaus causa belli qui libertate a Romanis data aduersus ipsos vsus est ſ Flor. lib. 2. Neither were the liberties of the Aetolians impeached vntill they reuolted to Antiochus as Iustin sheweth Offensi Aetóli quód non ex arbitrio eorum Macedonia quoque adempta Phillippo data sibi in praemium belli esset Antiochum in Romana bella impellunt t Iustin lib. 3. And such abuses many times happen in cities for as Liuie that excellent writer in wit diligence and history matched by none in wisedome and grauitie by very few in pietie ouercome onely of one of the heathens 1 Varro 2 Cicero and but of one in eloquence well auoucheth Nulla est ciuitas quae non et improbos ciues aliquādo u Liui. lib. 45. imperitam multitudinem semper habeat but as they did fauour lawfull and conuenient councels so vnlawfull and secrete conuenticles they did greatly abhorre wherefore the nocturnall meeting at the sacrifice of Bacchus was iustly abiudicated and disanulled by the whole Senate the conuēticle of the black-religioned Brownists by the L. Archbishop of Canterburie the high Commissioners who though a greater number of them were women pretended themselues to be harmeles vnapt to do hurt yet as Liuie saith A nullo non genere summum periculum est si coetus consilia et secret as consultationes esse sinas x Liui. lib. 34. And this ought especially to be feared and preuented whē contumelious contumacy is vailed with the shadow of religion and reformation for as the same Liuie saith againe very well Nihil in speciem fallacius praua religione vbi deorum numen praetenditur sceleribus subit animum timor y Liui. li 1. 39. O lord how long shall Sathan abuse the soules created by thee with a
by number he could not e D. Augusti lib. 3. de ciuit dei c. 19. And in the holie Scripture it is reported of king Salomon That the weight of gold which was brought vnto 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 Gouernours of nations any waie subiect or subordinate vnto him f 2. Chronic. cap. 3. 3. Reg. cap. 10. 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 in g Cicer. in oration pro leg Manil. 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 subiectes h Bodin lib. 6. de rep c. 2. And the king of Spaine taketh in India the tenth part promiscuè as well of straungers as his subiectes i The booke entituled The present state of Spaine And by the Law of England Merchants strangers being made denizens shall paie custome as straungers that be not denizens k 11. H. 7. ca. 14. It is good for euerie Prince to haue speciall care and regarde of mainteining merchandize because by that meane not onelie thinges profitable are brought into a kingdome but manie thinges are caried out to be sold and exchanged for publike 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 attained l Plut. in Solon And the vse of merchandizing beeing once taken awaie in the kingdome of Naples was the cause that all the prouinciall people was presentlie brought to pouertie m Pont. c. 45. de liberalit And for the alluring of straunge Merchants into a Realme their priuiledges must be inuiolablie obserued especiallie at the times when they hold their martes or fayres that they may safelie goe returne tarie 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 matter Kings and Princes should haue good regarde for Platoes admonition is to be followed when hee saith Peregrinorum commercia respub ne auersetur n Plat. lib. 12. de legib And Amásis the Aegyptian king was so glad of straungers resort and their commerce that he graunted to the Graecian merchantes 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 wares o Herodot lib. 2. And Aristotle is of opinion that a principall citie must be erected in some conuenient place wherto thinges which be necessarie to this life may be abundantly conueyed and this he would haue situate neere to the sea p Arist 5. polit c. 7. et 6. politic c. 7. And the people of Megara did iustlie complaine against the Athenians who had vtterlie secluded them from their Hauens and from marting with them q Plut. in Pericl This therefore must needes be a good meane to encrease the riches of a kingdome But it is the Princes prerogatiue to permit and to forbid merchant straungers 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 prohibiti fuerint habeant saluum conductum exire venire in Angliam c r Magn. char cap. 28. otherwise some Merchants may sowe bad seede euen the seede of seducement of the Princes lieges shrowding themselues 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 considereth 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 otherwise it would neuer haue stretched to the defrayment of their charges Their forces did consist of two hundred thousand foote-men of fortie thousand 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 marriners rr Lipsi de magistr Rom. lib. 1. c. 4. 5. So that Cicero saith plainlie that the Romanes notwithstanding all their great reuenue and treasure were scarse able to mainteine their armie ſ Cicer. parad 6. In consideration of which great and extreame charges the subiects of all Nations haue giuen and yeelded to their princes diuers princelie 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 Veientines in auncient time being ouercome of Romulus were straitlie forbidden to absteine from the salt Mines which were about the mouth of the riuer t Dionys Halycar lib. 2. And these salt Mines were brought into better forme and were made more commodious for the common weale vnder the reigne of Ancus u Liui. lib. 1. And Aurelius victor doth note that at the self same time an impost was made and ordeined for the same uu Victo lib. de vir illustr And an other impost was made when Liuie was Censor who of this word Salt had the name of Salinator giuen him a Liui. lib. 29. And Paulus Aemilius 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 afford to the Dardanians or Troians the auncient progenitors of the Romanes b Liui. lib. 45. And the Publicanes had Salt in farme as may appeare by Ciceroes report and other authorities c Cicer. pro le Ma. l. sed