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A76382 Vsura accommodata, or A ready vvay to rectifie usury, in a briefe declaration hovv that evill which is so often found and justly complained to be sometimes in lending for gaine, may find a safe and certaine remedy. / By I. Benbrigge· philopolitēs. Published according to order. Benbrigge, John. 1646 (1646) Wing B1867; Thomason E353_22; ESTC R201088 32,929 40

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unto and as a man may say the Place of all Glory and Honour of their Common-wealth Plato therefore did appoint that his Thirty seven the chiefest men and of highest ranke in his Common-wealth should have the Custody of the Lawes and the keeping of the Talles wherein were registred the names and summes which every man set downe of his estate 2. The Office of the two Censors which we finde Emperours themselves to accept of did in time grow to a very great height for thereto was added Censures of manners and many other particulars do at large appeare by the Romane Law concerning it recited by M. Cicero and also by the report of Plutarch Fenestella Alexander ab Alexandro and other classicall Authors But at the first it was farre lesse and branched it selfe onely into two parts according to the two most usuall significations of the word Census For 1. The word Census signifies Quicquid fortunarum quis habet whatsoever a man hath his whole estate and all that he is worth Sive apud Rom. script●res Census interdum signicat ipsa bona ut Homo tenuis Census apud Satyricum Misera est magni custodia census Casaub exercit 16. Baronit Annal. Num. 10. Vide Annal. Beza in Matth. 17.24 22.17 Mark 12.14 Har● Ubi supra Postea c. Exercit. 16. Ubi supra Beza in Annot. in Matth. 22.17 F●llerius in Praxi Censuali 2 Varronis lib. 4. de ling. lat Cas lib. 5. c. 41. Casaubon Exercit Annal. Baron Num. 10. Exercit ad Apparat Numb 93. For the first worke of the Censors was to value every mans estate and to inventary both his Lands and Goods The greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies to take or make an account and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imports that which commonly is called an Inventary c. A● Chem●nitus out of Budaeus and Casanbon out of the Glossator saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Description was an Estimate of a mans substance And in times past it was one part of the Censors office habere ordinare Census But when the Censors were taken away there were certaine men sent into the Provinces and they were called Censitors who measured all mens Lands and set them downe in their Bookes of Valuation Hence also the word Census is used to signifie a Valuation or estimation of all mens abilities as well in Rents of Lands as Moveable Goods And from this practise To let derives the signification of Census first named saying Observe that in times past the Rents and Goods of Inhabitants were valued by the Emperour that there might be made a just estimation of them And such an Estimation is called Census and from thence the word was enlarged in signification so that the estate which was prized was called Census 2. The other signification of Census is a Cesse Taxe or Tribute that is laid upon mens lands goods and estates So it is translated in Matth. 22.17 and Marke 12.14 For when the Censors had valued mens substance then by their esteeme thereof they regulated and ordered every mans Scot and Taxe Therefore the Graecians called the Censitors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Latines Peraquatores For they corrected the Bookes of Valuation and divided amongst the Citizens equally the Burden of the Tribute according to every mans estate Thus Juli●nus and Hellenius were sent into Cappadocia to take a survey of mens estates and amongst them to levell and even the charge of the Tributes which was heretofore the office of the Censors and since of the Censitors and from hence this word Census came to meane a Taxe Cesse Scot or Tribute 3. The Ceremony they used about this Office was to enter thereon in a religious or rather superstitious way For they did offer up certain sacrifices as a Sow a Sheepe and one Bull as Pomponius Laetus or three Bulls as P. Martyr saith In 2 Sam. 2● And another ceremonious observation they had herein that when one of the Censors happened to dye they might not choose one in his roome but it was ordered that the Survivour should a●dicate and renounce the office that so two Censors might be new chosen Fenestella ubi supra which arose upon this occasion because the French-men did take Rome in that yeare wherein one Censor died and another was put into his place But these Pagan and heathenish rites vanished away even at the rising of the Sunne of Righteousnesse and yet the office it selfe endured long after as Casa●bon affirmes thereby acquitting Censorinus from the unjust censure of Baronius 4. Lastly The time that it was at first usually pract sed in and by the Law should have continued was every five yeare If the Reader will compare the end of the fift Booke o● Dionys Halica●n Exercit ad Apparat. Annal Baron Num. 93. where T. Largius observed it with the end of his sixt booke where it is againe executed and number the yeares between he shall finde them to be five Calvisus in his Chronology recounting the times hereof makes it cleare to the observer Hence the latine word Lustrum signifies the space of five yeares and the Romans reckoned their times thereby as the Greekes did by their Olympiads M. Cicero in lib. 3. de Legibus ad initium yet it seemes this time of five yeares was altered For it is reported by Fenestella that Mamercus Aemilius when he was Dictator did decree it should be every yeare or every yeare and halfe as Alexander ab Alexandro B●●man de Origin ling. lat in Luo. Because the Censors by the length of their office were growne proud and insolent And it further appeares that the Censors did not every five yeares describe or value and ●●●e mens estates For besides the complaint of the two Consuls in Dion Halicar before recited P. Mart. Vbi supra Censorinus saith Servius Tullius did ordaine that every fift yeare a Valuation of the Citizens being taken Vbi supra Lustrum conderetur but so did not they which came after Vbi supra For whereas there are little lesse then sixe hundred and fifty yeares between that which Servius did observe and that of Vespasian and Titus yet there were no more then seventy five Lustra Apud Calvis Chronol in Anno Christi 74. and afterwards they left the same quite off This last clause is that which Baronius carped at and Casaubon cleared from his mistake And so much briefely for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manner of the Romans doing this work Come we to 2. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Reasons why they did thus practise The grounds whereon and ends whereunto they moved herein they seeme to be especially to be these 1. The expiating and purging of the people P. Mart. in 2 Sam. 2.4 Hence the Verb Lustro used by good Authors to expresse the worke of the Censors signifies not onely to view and
this Description of Augustus were made for to impose Tribute or onely to know the number of the People subject to the Romane Empire in those most flourishing times Dubitant non-nulli eruditi an illa descriptio sit facta ad imponenda tributa quae est recepta sententia an vero ad cognoscendum florentissimis illis temporibus numerum subditorum Imperii Romani sicut David populum suum numer avit 2 Sam. 24. Dan. Tossanus in locum as David did cause his People to be numbred yet the former being the most received opinion and grounded on the Ancient Custome and common practise of the City of Rome it may be said with Albertus M Though David sinned in numbring the People because he did it in pride yet Augustus off●nded not because he described the world out of a good intent toward his people His purpose bei●g thereby to know how much he could be inabled toward the Government of the Common-wealth Per Consicapitem by Pole-money which the Pontifician writers reckon to be the Romane Penny for every head But to proceed a In locum We have another hint of this practise of the Romans in Act. 5.37 where Pauls learned Doctor saith Judas of Galileo rose up in the dayes of the Taxing and drew away much people after him In which words we onely take notice now of the occasion which that seditious person made use of to stirre up his Complices unto a mutunie and b Vid. Joan. Brentium in locum that was the Description or Taxing of the Jewish Nation which did infringe their Liberty and Freedome and brought them under the yoke of the Romane Empire To evidence this may serve the Observation of Chemni●●us on the like passage of slavery put on them by an Egyptian King For thus saith he In the third Book of the Maccabees these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are sometimes repeated concerning Ptolemaeus Philopater who commanded that all the Jewes should be brought into a servile condition by making a description of theme and the story addes that many of them did boldly endeavour to free themselves from giving in their Names In this place is mentioned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Jewes did oppose with the hazard of their lives and estates Because the intent thereof was that ●he Jewes might not be a peculiar Nation and keepe their owne Lawes and Government but should be reckoned by this publicke Token amongst the Subjects of the Egyptian Kingdome Chemnitius a little after those words saith moreover it is worth our notice that after Archelaus that is almost in that very yeare Harmon in locum when Christ being twelve yeares old did teach first in the Temple another description of the Jewes was made 〈◊〉 Josephus reports And that under Vespasian a little before their destruction a third description was made of them Ioseph de Bello Iud. l. 7. c. 26. And about foure yeares after that Jerusalem was utterly overthrowne Vespasian and his Sonne Titus were chosen Censors Of which Plinie makes mention Accedunt exempla recentissimi Census quem intra quadriennium Imperatores Vespasiani Pater filiusque Censores egerunt c. Nat. hist l. 7. c. 49. to certifie us of the extraordinary length of life and number of yeares many persons were found to have enjoyed As for after times It may suffice to adde the Testimony of that Profound Scholar Isaac Casaubon a Exercit. ad Appar Baron Num. 93. who affirmes The Custome of Describing or Taxing was alwayes kept not onely in the Government of Old Rome but also in that of the New being now and then acted as their affaires required For witnesse hereof he brings Gregory Nazianzens speech to He●enius in his ninth Oration to Julian who with Hellenius was sent into Capadocia to equalize and levell their Taxes and Tributes imposed on the People of that Countre● But to leave forraigne examples it seemes expedient to looke home and see whether this practise hath ever been i● this Kingdome To put this out of doubt I shall need to bring no more instances then that of William the Conquerour who in his se●ling of this Kingdome to Him and His seemes to have shewne as much wisedome as he had done valour in winning it by his Sword For Master Speed informes us Chron. lib. ● 2. Sect. 40. that the said famous Conquerour caused an exact Survey to be taken of the whole Kingdome yea and of every particular Part and Commod●ty thereof so that there was not a Hide of Land Lake water or wast but he knew the Valuation the Owners and Possessors together with the Rents and profits thereof as also of all Cities Townes Villages H●mlets Monasteries and Religious Houses causing also all the People in England to be numbred their names to be taken with notice what every one might dispend by the yeare Their substance their money and bondmen recorded How many yokes of Oxen and Plough lands were in the Realme and what services they owed who held of him in Fee All which was certified upon the O●●bes of Commissioners This done he exacted fixe shillings to be paid him for every Hide of Land which a mounted to an huge summe of money This Booke thus made of every severall Survey was commonly called the Roll of Wi●●hester as being there at first kept But for the Generality and inevitable Censure thereof is by Authors named Liber Judiciarius by the English it is called Doomesday-Booke kept to this day in the Kings Exchequer at Westminster By these premisses appeares 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That this valuing of mens estates hath been a common practise in Kingdomes Before we leave it I shall briefely adde the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thereof 1. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manner of doing it among the Romans will clearely shew it selfe in a discovery of 1. The quality of the persons imployed 2. Their office and work therein 3. The Ceremony used therefore 4. The Time when and how often it was practised 1. The Qualitity of the Persons imployed about this worke The Romans alwayes chose two men of the best Ranke and Repute amongst them to doe it Demum eò dignitatis venit Censurae status ut nisi clari illustresque post triumphos consulatus illam expererent Alex. ab Alex. Gen. Dir. l 3. c. 13. In vitâ M Catonis De legibus lib. 6. De legibus lib. 3. ad initium Ubi supra Fenestella de Magist Rom. cap. 17. and called them the Censors None but famous and illustrious persons were wont to obseeke that Office of Censorship and that after their Consulships and Triumphs as if it were one step of honour above them It was indeed the chiefest office among the Romans and therefore fit only for the best men Plutarch tells us M. Cato ten yeares after his Consulship su●d to be Censor which was in Rome the greatest office of dignity that any Citizen of Rome could attaine