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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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condemned in the lawe of God Inequalitie is condemned by positiue and nationall lawes if you haue recourse to the Statute made in Anno 43. of our late soueraigne Lady of famous memorie Queene Elizabeth there is a clause concerning the Sessement of subsidy inserted in these words The said Commissioners to whome it shall appertaine shall Indifferently set taxe and sesse themselues and the said Assessors This is spoken demonstratiuely to shewe that indifferencie not inequalitie should be vsed in all Sessements to all persons for indifference est quasi non differens that is there ought to be no difference in these dealings in regard of persons but that euery one should haue a proportionable penniworth according to his portion as well as another What should I speake more of Inequalitie doe we not see that as Cockes cannot fight well that are vnequally matched so men can neuer agree wel that are vnequally charged for wheras Equalitie is the cause of loue and is therefore called vnitatis nutrix the nource of vnitie this Inequality is nothing els but the cause of discontent and is therefore called seditionis altrix the nource of sedition for as wheeles going vpon vnequall ground will make a rumbling so men pressed with vnequall rates will make a murmuring as appeares by the labourers in the Vineyard for if they did murmure in receiuing of money because their wages was equall when their worke was vnequal what will they doe in departing from money where their estates are equall if they be vnequally taxed Chap. 10. That euery one is to be charged respectiuely according to the Qualitie of the Sessement whether it be in lands or goods AS euery one ought to be taxed properly according to his owne estate comparatiuely according to generall taxations so he must be vsed respectiuely according to the qualitie of the Sessement whether it be in terris or bonis or els it is no better then inequalitie If a leuie be made for a common charge in money and the direction or warrant be generall to collect sixe pence in the pound as well of lands as goods without difference this is meere iniurie because that proportion is not obserued which aimeth at equalitie For the Statute it selfe concerning Sessement of subsidies doth make a diaphora or distinction therein for landes bee at foure shillings and goods at two shillings and eight pence the pound and therefore to make lands and goods all at one rate in other charges is repugnant to the equalitie and equitie of the lawe aequalitas quam Magistratus statuit seruanda which as Hemingius saith ought to be obserued but yet this is made but a superficiall and light matter in many places amongest such no doubt as are more forward to impose then to pay charges which that learned man D. Chytraeus noted in his time and therefore he left this sentence to all Sessors Quae alijs praecipis ipse facere primus videare That which thou doest command others to doe see that thou thy selfe first doest it for that common wealth must needs doe well where precepts and presidents goe togither as Plato saith The rate of the Subsidie is or ought to be aequabilitatis Normam the very rule of equalitie to deriue and direct all other charges by for this cause many respect not altogether the proportion obserued in the Subsidie but because in most places especially in cities or great townes collections are made commonly by the rate of the subsidie such as are therein vnequally taxed are made subiect to infinit inequalities and iniuries in all other charges In common charges to see one that is set at twentie shillings to pay foure pence when another of his value paieth two shillings by the rate of the subsidie to see one that may dispend in annuall reuenews two hundred pounds taxed at two shillings when another that hath not the tythe of his liuing laid as much by the rate of the subsidie what greater inequalitie and iniury can there be that these which disdaine to consort with the lowest in cases of countenance should be linked with the lowest in matters of charge so the old prouerbe is still approoued The weakest must to the wall For as wormes breed soonest in the softest wood so wrongs are soonest offered to the weakest person These Inequalities are so apparent that in most places when a Charge is imposed the better sort with the Constables of the towne assemble together about the equall taxation and collection of it if it be in Hundreds they deuide themselues into Villages if in great towns they deuide themselues into Wards and so taxe men not according to the rates in the Subsidie but in some measure according to their abilities agreeable to the generall proportion of others which must needs be a very indifferent and discreet course for the conseruation of the people in much vnitie where there is so great circumspection to equalitie and sithence it is plebeiae publica expensa the commō charge of the vulgar sort it is great reason they should proportion their owne rates so the charge which is imposed be discharged as Bullinger deliuereth in his Decades Chap. 11. The probable causes and coniectures why men are so vnequally taxed in common Impositions and charges repugnant to generall proportions THese vnequall proportions are committed by the Sessors either of negligence for want of dutie or of indiscretion for want of iudgement or of ignorance by way of Apologie or of wilfulnesse by way of affection These inequalities are committed of Negligence for want of dutie for there are some which rate men vpon rumors and reports nowe as it is a maxim amongest Philosophers in vniversalibus versatur dolus so it is a principle of experience in the world that generall relations are but common fallations I will not say but that sometime vox vulgatis veritatis est the vulgar voice may be verified but yet as the Phisition in some cases saith that Vrina est fallax so in these cases I would haue men thinke that fama est mendax rumor is but a flatuous eccho of idle tongues and therefore Thales Milesius beeing demanded howe much trueth did differ from rumors so much said he as the eies are distant from the eares noting thereby that men ought to be oculer and not auriculer agents if they wil know the trueth for many are blazond to be persons of great liuing which when they come to be founded it appeares but a false allarum and thus are many hindred by heare-say It was well said of one melius est it is farre better to fall into the hands of the iudge then into the mouthes of the common people for hee will not sentence any without examination proofe when the other will censure euery one by rumors and reportes If you looke into all our statutes concerning the sesment of subsidies and taxes there is a prouision made for the appointing of certaine persons with the Constables of euery Towne to be sessors
of their neighbours and this is done to preuent iniury by reportes that the sessors should by their owne personall inquiery take inteeligence of euery mans estate not rely vpon relations of others and therefore this may be one cause why many are wronged by inequality if the sessors neglect their duties in the order of equality These inequalities are committed of Indiscretion for want o Iudgement for as Seneca saith quidam homines duplo plus vident quàm alij some men can see twice asmuch as others there be some as wise as Choraebus that would vndertake to tell the waues of the sea and yet he could not nomber aboue fiue thereof came the prouerbe stultior Choraebo And this is sometime the ouersight of the sessors they can prie into mens estates what they haue to liue on but they neuer expend their charge which is to liue of them and so they ayme at men in these matters as the blind man doth at the crowe The marchant recounteth his charges and detriments before he can resolue what he gaynes by his ware the vintner defrayeth the losse of leckage before he can set downe what he saues by his wine the husbandman respecteth the charge of fowing and reaping before he can see what he getts by his haruest soe sessors ought to looke into the charge of a mans familie before they can well tell howe to charge him by his ability for as it is noted in Summa Angelica lucrum non dicitur nisi deductis expensis it is not properly called gaine vntill expences be deducted so it is to be obserued in the estates of men vnlesse there be consideration of their charge there can be no information of their estate It is reported by historians that in Florence he that was father of fiue children was exempted from all impositions Amongest the Lacedemonians he that was father of three children was freed from watches he that was father of foure children was released ab omni onere of all charges Amongest the Womans he that was father of three children was neuer inforced to any ambassage if he were father to fiue children he was freed from common charges but if he were father of thirteene children he might challenge immunity from all charge as Vlpian saith I note these examples to this end not that any should be priuiledged from charges which are able to pay but that in common taxations there should be some regard of euery mans estate by his charge and to haue the more fauour in respect of his family as for instance where one is worth a thousand pounds and hath none but his wife and himselfe to prouide for and being a Man yet liueth not like a man but feedeth like Diogenes with a roote and goeth like Lazarus with a ragge such a miser as this if he be compared with another of equall portiō which hath seauen or eight children maintaines his charge in some ciuill credible sort is to be called to quadruple charge more then the other or else in all reason it can be no equality but iniury These inequalities are commonly excused by way of Apologie deduced from the example of the labourers in the Vyneyard who beeing male-content because they had equall pay for vnequall paines the master reprooued them and said Is thy eye euill because mine is good Vnder this pretext many doe apologize inequalitie When any complaine and pleade for equall ease of charge aswell as others what is that to you say they doe you enuy an others good seeing you are taxed but according to your worth are you any way wronged Maledicta glossa quae corrumpit textum as one saith it is a cursed glosse that mars the text and this is nothing but a retrouerting of the text for a mans owne turne as the deuill did wrest the scriptures to supply his purpose for first it is not fit to mixe spirituall and temporall matters in one sence no more then it was allowed in the ould lawe to weare lynsey wolsey both in one garment secondly it was lawfull for the master of the vyneyarde to dispose his owne goodes at his pleasure but it is not lawfull for a sessor to vse reipublice bonis at his pleasure and although the master did them no iniury because he compounded for equall salarie yet these are offered wrong which are vsed without equalitie according to generall proportions as in the 9. chapter appeareth very pregnantly These inequalities are for the most part lead by swaie of affection either in loue or hatred fauour or displeasure for in these cases as one saith voluntas amicum inimicum fait it is the will that doth make equality and inequalitie for if men were all beloued a like then should they be charged alike respecting their portions but whether they be loued or hated in these generall actions of inequalitie the Poets wordes prooue true Sic volo sic iubeo stat pro ratione voluntas the will beareth the greatest sway amongest sessors who are as skilfull in substraction and Addition as the best Arithmetitians and they can as closely vent their willes vnder a visor as Thamar did her vice vnder a vaile for this Cymmerian darknes cannot indure the sunne no more then owles can the light yet as the Steward when he had a sinister pretence could readily cōceiue and say I knowe what to doe Luke 16 so these men are not to seeke of a secret conueyance when they intend what to doe as by the sequele you may obserue for as Paul said of the Ephesians so doe I of these sessors it is shame to speake of the things are done oft them in secret Eph. 5. 1. Such as haue ease vpon Fauour or Affection are for the most part spared in these respectes It is my kinsman saith one I must vse him kindly in regard of aliance affinitas est quasi immunitas for one saith affinity is a kind of immunity It is my friend saith another I must gratify him because of his good remembrances munus amicos parit for giftes will beget frendes It is my customer saith another I will ease him because I take his money Quid non perunia potest for what will not mony doe It is my man saith another I will spare him in respect of his seruice est vir palliatus for a cloake is good for the raine It is my tenant saith another I must forbeare him because I am his Landlord for he had need of an easy rate that payes an hard rent This may well be said to be a Fauour for such as are thus set at a lowe rate in the subsidy are the lesse subiect to priuie seales to millitarie munition to multiplicine of charges therfore amongest the Scithians he was accounted the happiest man that had the best freindes as Lucian reporteth thereof came the prouerbe vbi amici ibi opes where there are frendes there are riches yet this is called a Fauour but abusiuely as Christ was