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A01679 The order of equalitie Contriued and diuulged as a generall directorie for common sessements. Seruing for the indifferent defraying, taxing, and rating of common impositions and charges, lyable to citties, townes, or villages, that they may be done in some equall and proportionable order, for the benefit of the common-wealth. Very necessarie for all persons, to whome the execution and apprehension of this businesse appertaine. Gibbon, Charles, fl. 1589-1604. 1604 (1604) STC 11817; ESTC S116511 27,104 40

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equall proportion in the worke it can be no exquisite building Doe we not see by experience that in Vegetatiue creatures where trees are vnequally planted in the orchyard they neuer prosper well that in Sensitiue creatures where oxen are vnequally yoked in the plough they neuer draw well that in Senseles creatures where stones are vnequally laid in masonrie they neuer couch well then much lesse among rationall creatures can there be any concordance without the vse of equalitie To conclude let this suffice that all lawes all creatures in their kind yea all artes and sciences for the most part are ordained and doe aime at this ende to reduce thinges to a generall vniformitie and equalitie Chap. 5. What equalitie is IF I should discourse of Equalitie according to the curious definitions and diuisions of philosophers as they controuert their aequaliae and inaequalia in logicall manner it were tedious and friuolous seeing my purpose is summarily to intreat only of that equalitie which tendeth to the taxing and rating of common impositions charges lyable to Cities Townes Villages c. because this may conuict the conscience of such as vse no equalitie at all in these actions Equalitie thus considered is nothing els but a Necessarie Charge imposed in some equall proportion vpon euery one respectiuely In this definition or rather description we may obserue 4. things concurring in the words 1. The Charge 2. The Imposition 3. The Proportion 4. The Collection that it be Necessary Lawfull Equall Generall must haue reference to the Cause Authoritie Abilities Persons Chap. 6. 1. What Charge signifieth 2. howe Charges ought to be necessarie 3. What Charge is necessarie CHarge may be said to be a departing from something to the benefit or vse of others from the dominion of the owener and this may be done either as the Lawyers say in pecunijs numeratis in ready money or as the Schoolemen say pecunia mensurabile of that which may be valued for money This Charge is according to the occasion said to be impensae mitior aut acerbior lesser or greater it is called a charge of onus which commeth of ones an asse to signifie that heauie burdens are fit for the asse but necessarie burdens are fit for men and therefore heauie burdens are condemned in the scriptures You lay heauie burdens Matth. 23. 4. As there is a logicall necessitie in the precepts of Art a physicall necessitie in the order of nature so there is a politicall necessitie in disbursing of charges to worke vpon the Sabboth if it be necessarie it is tollerable to giue almes where it is necessarie it is charitable and so to pay charges if they be necessarie it is profitable which the heathen man obserueth when he said emas non quod opus est sed quod necesse Seneca lib. 14. Epist 34. he would haue vs to lay out money not for all things we need but for those which are most needefull and necessarie Charges ought to be necessarie for these reasons It is farre more difficult capere quàm fundere to get goods then to giue them away as the Philosopher saith and therefore it is no lesse discretion quā querere partae tueri after they be once gotten to be carefull in the disposing of them as the Poet saith so true is it that Tacitus saith Many knowe howe to dispend but not to dispose Tacit. lib. 1. hist The wiseman saith the Riches of the godly are pretious Prou. 12. 17. and therefore as we will not vse a pearle like a pebble so we must regard howe we impart our riches seeing they are so pretious euen as Naboth was loath to depart with his patrimonie we must not abuse them with the prodigall sonne but vse them as Gods blessings in all necessarie occasions When the generall Auditor of the whole world shall take a computation of all his stewards howe they haue bestowed his goods for the gold is mine saith he Hag. 2. 9. this will be a lawfull discharge for such as impose and pay charges to plead they were necessarie and that may be inferred from that saying in Math. 25. 40. For as much as ye haue done these things come and enter c. Those charges are said to be necessarie which concerne a common wealth In the charge of a common wealth respect must be had vnto the Prince the Countrie the Poore c. The Prince is called Princeps quasi Principalis because he is the principall person amongest the people as the head is the principall part of the bodie nowe as the head in some naturall sort prouideth for the bodie so ought the subiects in a reciprocall sort to prouide for their prince for he that is Princeps ought to be particeps boni for this cause we are commanded to giue to Caesar that which is Caesars aliud est sceptrum aliud est plectrum it was this made king Seleucus say he that knew what a diademe were would not take it from the ground to set vpon his head for a crowne is accompanied with many cares and combrances Dauid had lesse trouble with his sheephooke thē his scepter and therefore euery Prince in this case may say to his subiects as Moses did Howe can I alone beare your combrances and your charge Deut. 1. 12. for which cause he was the first that ordained Magistrates vnder him to extenuate his troubles and the first that inuented Tributes amongest the Israelites to support his charge as Polidor Virgil reporteth It was first called Tribute à Tribu because it was imposed vpon all the Tribes of Israel to signifie that all men ought to contribute to their Prince according to that saying in Rom. 13. 5. Giue tribute to whome tribute belongeth and therefore Subsidies and such like charges are necessarily graunted by the Commons quasi subsidium as a helpe to vphold their Prince which euery one ought to beare because he is partaker of the benefit commeth by it Bullinger Decad. 6 praecept One demanding of Diogenes what countrie man he was said he was Ciuis mundi a citizen of the world Paul said he was no citizen but a soiourner in the world yet commonly we account that our Countrie where we haue our birth bringing vp and abode and therefore it is called our Nation à natu because it is as it were natale solum our natiue countrie but more properly it is called our countrie à patriae which is deriued of pater to signifie that in both kinds our Countrie is the father and the mother of vs all And this should make vs regard our natiue countrie as our naturall parents Hence it is that Pythagoras beeing asked howe he should demeane himselfe to his countrie he answered vt ergamatrem as to my mother And Phocion said that he would haue a sonne tam patriae quam patri euery way as loyall and dutifull to his countrie as his father the examples are infinit of such as haue lost their liues for their countrie
this such as haue wrought in the vineyard shall haue all one price and such as haue no oyle in their lampes shall haue all one punishment that is such as haue done well shall be coheires in heauen and such as haue done ill shall be copartners in hell whether they be Emperous kinges keysers beggers without exception of any for God will deale equally without respect of persons The generality of equality is so copious that they are not to be contained in a nut shell like Homers Iliades but they would rather require a large Tome then a short Tractat I will therefore refer you to the particulers in the next chapter for further illustration hereof Chap. 4. Of the Necessitie of Equalite IN naturall causes by the opinion of Naturalists if all partes members of the bodie be not proportionable and equall there cannot be that perfect Symmetry which is required in nature and therefore such as be of goodly partes and lyneamentes of body doe carrie a king of encomion in the scriptures it is said of Saul that he was a goodly yong man 1. Sam. 9. 2. and of Dauid that he was a comlie person 1. Sam. 16. 18 and of Christ that he was of a meane composition and stature as Publius Lentulus reporteth the poet giueth a reason hereof gratior est pulchro veniens è corpore virtus those gifts are more gracious that proceede from a comly person for oftentimes a deformed bodie doth argue a deformed mind and therefore Aristotle in his booke of gouernmēt would haue cōly mē called to office not mishapē deformed for which cause such as had a blēish might not ēter the order of preisthood by the old lawe And by the ciuill lawe this composition and habitude of bodie is so estimable that it alloweth the sonne an action of the cause against him that shall deface the portract of his father In the constitution and state of mans bodie good proportion and equalitie of humors and qualities causeth health and therefore health is defined by the philosphers to be nothing els but a well proportioned vnion of many humors together for where one qualitie and humor doth exceede another they are the very symptoms of some naturall defect by iudgment of physitions In Aeconomicall matters if that cōiugiall bond betweene man and woman be not equall the coniunction is inconuenient if parties dissent in religion then will follow prophanes of life as Salomon was drawne to Idolatrie by marrying of strange women and therefore the Apostle saith be not vnequally yoked 2. Cor. 6. 14. If they differ in lynage then there will be vpbrayding by birth it was this that made Dauid say seeme● it a light thing to marry a kings daughter seeing I am a poore man and of small reputation 1. Sam. 18. 23 therefore Plutarke saith marry a wife of thine owne degree If they disagree in conditions and manners then will be nothing but contentions and malice hereof one saith there is ill agreement in that house in qua gallina eantat gallus tacet where the hen doth crowe and the cocke holds his peace alluding to that saying in the prouerbs 27. a continuall dropping in the day of rayne and a contentious woman are alike If they vary much in yeares then their braynes will be busied with ielousie and they shall be constrained to exclame with Terence O me miserum duxi vxorem that he was miserable by marrying a wife for age and youth are as repugnant in qualitie as frost fyre So that from hence euery one may learne to make equall election in nuptials to indeuour to match with a meete wife as God made Adam a meete helper for as bordes if they be not euen ioyned can neuer hold so men and women if they be not equally ioyned can neuer agree and therefore remember that poeticall verse of Ouid Siqua voles aptè nubere nube pari if thou willt fitly marrie marrie thy equall In Families where there is no equality vsed by masters to seruants there is meere tyranny hereof it is said giue to your seruants that which is iust and equall Col. 4. 1. that is aequabilitatem legis analogicè as Aristotle termeth it it is not so to be interpreted that masters should make themselues equall to their seruants in condition and degree but sub hoc nomine as Marlorat noteth is vnderstood the humanity clemency and gentle intreating masters ought to vse without too much rigor Leu. 25. 43. for albeit they are masters amongest men yet they are but seruants before God who seeth the dooings of all because he is cheife master of all and earthly masters can in nothing more liuelie represent their heauenly master then in shewing of mercy In politicall causes in all contractes if there be not some analogie and equall proportion in the price betweene the venditor and the emptor it is no better then oppression therefore Abraham when he should purchase the field of Ephron gaue him the value of it Gen. 23. 13. and Melancthō saith ex naturali aequalitate nemo locupletetur cum alterius iniuria euen frō natural equalitie or iustice there is no reason why one man should inrich himselfe by hindering of an other Mel. in lib. definit appellat In partition of possessions there is meere iniury without equality and therefore the ordinance of lottes were vsed to that end in causes ciuill and diuisorie and it was this that made the copartener come to Christ to haue him deuide the inheritance betweene the two brethren for no other end but that the partition might be equall as Bullinger obserueth in his Decades or ad iustam patrimonij diuisionem for a iust diuision as Aretius interpreteth that place in Luke 12. 13. In buying and selling if the weights and measures be not iust and equall it is abhominable before God Deut 25. punishable by the lawes of men for as Chytraeus saith aequalitas precij mercis seruanda est equalitie must be vsed aswell in the price as the ware least it be said of such as the prophet reporteth there is like buyer and like sellar Esa 24. 2. In Military affaires where the aduersaries be not equall the conflict is dangerous when Ioshua sent thirty thousand men to incounter with the Citizens of Ai the Citie was soone sacked because the enemies were not equall In Duell where combatantes be not equall the inconuenience is great what was Dauid to deale with Goliah if God had not assisted him ne Hercules cōtra duos he must be a strong man that is able to withstand two In Spirituall warfare where the enemies exceede how doe they insult ouer the spirit in what case was Iob when he saith he was assaulted with whole armies of sorrowes Iob. 10. 17. In Musick where there is no equall proportion of soundes there can be no perfect symphonie In Arithmeticke without the vse of equall nombers there can be no exact computation In Architecture where there is no