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14。 The Laws of Commerce concerning the Confiscation of Merchandise。 The Magna Charta of England forbids the seizing and confiscating； in case of war； the effects of foreign merchants； except by way of reprisals。 It is an honour to the English nation that they have made this one of the articles of their liberty。
In the late war between Spain and England； the former made a law which punished with death those who brought English merchandise into the dominions of Spain； and the same penalty on those who carried Spanish merchandise into England。＇10＇ An ordinance like this cannot； I believe； find a precedent in any laws but those of Japan。 It equally shocks humanity； the spirit of commerce； and the harmony which ought to subsist in the proportion of penalties； it confounds all our ideas； making that a crime against the state which is only a violation of civil polity。
15。 Of seizing the Persons of Merchants。 Solon made a law that the Athenians should no longer seize the body for civil debts。＇11＇ This law he received from Egypt。 It had been made by Boccoris； and renewed by Sesostris。＇12＇
This law is extremely good with respect to the generality of civil affairs； but there is sufficient reason for its not being observed in those of commerce。＇13＇ For as merchants are obliged to entrust large sums； frequently for a very short time； and to pay money as well as to receive it； there is a necessity that the debtor should constantly fulfil his engagements at the time prefixed； and hence it becomes necessary to lay a constraint on his person。
In affairs relating to common civil contracts； the law ought not to permit the seizure of the person； because the liberty of one citizen is of greater importance to the public than the ease or prosperity of another。 But in conventions derived from commerce； the law ought to consider the public prosperity as of greater importance than the liberty of a citizen； which； however； does not hinder the restrictions and limitations that humanity and good policy demand。
16。 An excellent Law。 Admirable is that law of Geneva which excludes from the magistracy； and even from the admittance into the great council； the children of those who have lived or died insolvent； except they have discharged their father's debts。 It has this effect： it creates a confidence in the merchants； in the magistrates； and in the city itself。 There the credit of the individual has still all the weight of public credit。
17。 A Law of Rhodes。＇14＇ The inhabitants of Rhodes went further。 Sextus Empiricus observes that among those people a son could not be excused from paying his father's debts by renouncing the succession。 This law of Rhodes was calculated for a republic founded on commerce。 Now I am inclined to think that reasons drawn from commerce itself should make this limitation； that the debts contracted by the father since the son's entering into commerce should not affect the estate or property acquired by the latter。 A merchant ought always to know his obligations； and to square his conduct by his circumstances and present fortune。
18。 Of the Judges of Commerce。 Xenophon； in his book of Revenues； would have rewards given to those overseers of commerce who despatched the causes brought before them with the greatest expedition。 He was sensible of the need of our modern jurisdiction of a consul。
The affairs of commerce are but little susceptible of formalities。 They are the actions of a day； and are every day followed by others of the same nature。 Hence it becomes necessary that every day they should be decided。 It is otherwise with those actions of life which have a principal influence on futurity； but rarely happen。 We seldom marry more than once； deeds and wills are not the work of every day； we are but once of age。
Plato＇15＇ says that in a city where there is no maritime commerce there ought not to be above half the number of civil laws： this is very true。 Commerce brings into the same country different kinds of people； it introduces also a great number of contracts and species of wealth； with various ways of acquiring it。
Thus in a trading city there are fewer judges； and more laws。
19。 That a Prince ought not to engage himself in Commerce。 Theophilus；＇16＇ seeing a vessel laden with merchandise for his wife Theodora； ordered it to be burned。 〃I am emperor；〃 said he； 〃and you make me the master of a galley。 By what means shall these poor men gain a livelihood if we take their trade out of their hands？〃 He might have added。 Who shall set bounds to us if we monopolise all ourselves？ Who shall oblige us to fulfil our engagements？ Our courtiers will follow our example； they will be more greedy and more unjust than we： the people have some confidence in our justice； they will have none in our opulence： all these numerous duties； the cause of their wants； are certain proofs of ours。
20。 The same Subject continued。 When the Portuguese and Castilians bore sway in the East Indies； commerce had such opulent branches that their princes did not fail to seize them。 This ruined their settlements in those parts of the world。
The viceroy of Goa granted exclusive privileges to particular persons。 The people had no confidence in these men； and the commerce declined； by the perpetual change of those to whom it was entrusted； nobody took care to improve it； or to leave it entire to his successor。 In short； the profit centred in a few hands； and was not sufficiently extended。
21。 Of the Commerce of the Nobility in a Monarchy。 In a monarchical government； it is contrary to the spirit of commerce that any of the nobility should be merchants。 〃This；〃 said the Emperors Honorius and Theodosius；＇17＇ 〃would be pernicious to cities； and would remove the facility of buying and selling between the merchants and the plebeians。〃
It is contrary to the spirit of monarchy to admit the nobility into commerce。 The custom of suffering the nobility of England to trade is one of those things which has there mostly contributed to weaken the monarchical government。
22。 A singular Reflection。 Persons struck with the practice of some states imagine that in France they ought to make laws to engage the nobility to enter into commerce。 But these laws would be the means of destroying the nobility； without being of any advantage to trade。 The practice of this country is extremely wise； merchants are not nobles； though they may become so。 They have the hopes of obtaining a degree of nobility； unattended with its actual inconveniences。 There is no surer way of being advanced above their profession than to manage it well； or with success； the consequence of which is generally an affluent fortune。
Laws which oblige every one to continue in his profession； and to devolve it upon his children； neither are nor can be of use in any but despotic kingdoms； where nobody either can or ought to have emulation。＇18＇
Let none say that every one will succeed better in his profession when he cannot change it for another： I say that a person will succeed best when those who have excelled hope to rise to another。
The possibility of purchasing honour with gold encourages many merchants to put themselves in circumstances by which they may attain it。