Pufendorf: On the Duty of Man and Citizen according to Natural Law

1. When property has come to Citizens from sovereigns, the right by which they hold it depends on the discretion of the sovereign. By contrast, property of which Citizens have obtained full ownership by their own industry or in any other way is subject to three principal rights which, by the nature of states and as necessary to their purpose, belong to sovereigns.

2. The first right is that sovereigns may make laws obliging the Citizens to accommodate their use of their property to the interest of the State; or defining the extent and nature of possessions, and the method of transferring property to others, and other matters of this kind.

3. The second right is that the sovereign may collect a fraction of the Citizens’ property as tribute or tax. For since their lives and fortunes are to be defended by the State, it is appropriate that they contribute to meeting the expenses necessary to this end. It is totally unscrupulous to attempt to enjoy the protection and convenience the State affords while refusing to contribute either Service or property to its preservation. And yet prudent rulers would be wise to take into consideration the resentment felt by ordinary people, and to make an effort to give as little offence as possible in collecting taxes, observing fairness above all and imposing taxes that are moderate and flexible rather than massive and uniform.

4. The third right is eminent domain, which means that in a national emergency sovereigns may seize and apply to public use the property of any subject which the crisis particularly requires, even if the property seized far exceeds the amount which had been fixed as his normal obligatory contribution to his country's expenses. For this reason, however, as much of the excess as possible should be refunded to him from the public treasury or by a levy on the rest of the Citizens.

5. Besides these three rights, there is in many states a distinct public property, which usually goes under the name of the country's or the kingdom's patrimony. This is again divided in various places into the patrimony of the prince and that of the country, or into the privy purse and the treasury.