it was euer deemed so honourable a seruice pro patria magnum decus est profundere vitam saith Homer Nowe such charges as are for the defence of our countrie as charges of chiualrie or such like are necessarie for we should not inioy our liues wiues or liuings without them Hereof that mellifluous Father saith Sumptus pro militia honorabilis est the charge for warres is honourable The Poore man is called Pauper as one saith quasi parum potens putans aut imperans because he possesseth thinketh or commandeth little yet pouertie is the subiect to prouoke mercie when riches are but obiects to procure enuie therefore one saith Viuitur paruo bene a man liues best of a little if he can be content with his lotte according to the verse Qui placidè sortē ferre scit ille sapit To be poore by Grace diuinum est it is heauenly which Christ noteth in the Gospel after Matthew 19. 29. for this voluntarie pouertie is a kinde of Martyrdome as S. Bernard saith To be poore by Nature humanum est it is incident to mankind for all the Apostles yea Christ himselfe was so and therfore Seneca saith Quemcumque miserum vides hominem scias Whome thou seest to be miserable thou maiest knowe he is a man To be poore by Follie belluinum est it is bruitish as appeares by the prodigall sonne howesoeuer men come to pouertie we are not to dispute but to dispence because ciuill humanitie as Lactantius saith bindes vs to doe good to a man because he is a man Lact. lib. 6. cap. 11. and as the moone sheweth her light shee receiueth from the sunne so should men shewe their liberalitie of that they receiue from God but seeing all creatures in their kinde are compassionate one to another and all lawes in commiseration prouide for the releife of the poore I shall not neede to vrge the necessitie of this charge by multiplicitie of arguments There be diuers other necessarie charges which for breuity I forbeare but all the rest may be reduced and comprehended vnder these heads for if the Prince be our father the Countrie our mother and the poore our brethren we ought to supply their deficiencie in such sort as may designe our natures and serue their necessities Chap. 7. 1. What is meant by Imposition of Charge 2. Howe Charges imposed differ from others THere are many Charges necessarie which are called Voluntarie because euery one as he hath any naturall sympathie or instigation to good doth depart with all of benevolence or willingly according to his free disposition but because the great Schooleman saith Volenti non fit iniuria there is no wrōg done to the willing it were impertinent to speake prolixly of these charges the rather because this Charge is more properly said to be exhibitio then Impositio a gift of good will then a charge against will which being left to a mans own liberty cānot be said to be done of necessity but willingly Philemon 14. There be other charges called Compulsatorie because they are imposed by the Magistrate of euery Citie Towne village c. which charg differeth from the former for that is done of beneuolence this is to be paid volens nolens whether a man wil or nill hereof it is called an Imposition quafi in populum impositum because it is imposed vpon the people by order of mandatum praecept commaundement warrant or otherwise charges thus imposed are to be paid auctoritatis causa thogh there were no necessity to vrge it as D. Chytraeus saith for we are taught to obey the magistrate and he that doth thus pay it non peccat qui iniuriam patitur doth not offend I remember a prety saying of Saint Augustine Da quod iubes iube quod velis seeing these doe aswell impart as impose charge the common sort must by supposition deeme these charges to be necessary D. P. Martir reporteth in his cōmentary vpon the Romans that magistrats had wont to be called patres cōscripti appointed fathers and so in many places in the scriptures they are phrased by the name of fathers to no other end but that their denomination might giue them information velle bonum non diuellere to helpe and not hinder but to shew themselues as louing to the people euen as fathers are to their children hereof Xenophon saith bonus magistratus nihil a bono patre differt a good magistrate doth litle differ from a good father which if they doe then will they not impose any impertinent charge but that which is instant for the necessitie conuenient for the persons and expedient for the place considering there is a father in heauen which ouerseeth and obserueth the actions of all the fathers vpon earth Chap. 8. 1. Of Equall proportion 2. howe many waies it is to be taken 3. that euery one is to be taxed in some equality to his ability Equall proportion is to be taken 3. waies properly comparatiuely respectiuely Properly it is that charge which is imposed vpon any according to his owne abilitie comparatiuely is that charge laid vpon one which agreeth in some equall proportion to the generall taxation of others Respectiuely is that charge which is exacted of any sortable to the quality of the Sessment in landes or goods That portion which is proper to a mans owner estate ought to be taxed in some measure equall to his estate according to the common course and custome of the country and this is called a proportion properly the reasons followe You shall reade that in cases of redemption the Priests were to proportion the prices according to the estate of the persons as appeares in Leuit. 27. 8. where it is written If he be poorer then thou hast esteemed him then shall he present himselfe vnto the priest and the priest shall value him according to his ability nowe the priest he is called presbiter quasi praebens alijs iter of shewing others the way and therefore his action ought to giue example to others in all charges to make an equall taxation in some proportion to the abilitie of the person It is noted in the people of Hierusalem that in a generall charge for the common good they did not presse themselues beyond their powers for say they we according to our Abilities haue done it Neh. 5. 8. which is a good president to be obserued of all sessors to rate men according to their abilities In dispencing to the poore men are willed to minister but according to their Abilities 1. Pet. 4. 11. so it ought to be in al other charges men are not to be vrged beyond their abilities for in giuing away and in paying away there is no difference in the worke but in the will for there is a departing from something in both sauing one is a free cōmmutatiō the other is a kind of coaction If the saddle be not set right on the horse-backe it will wring him if the ballance be not equall in weight it will
THE ORDER OF EQVALITIE 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 1. CORINTH 14. 40. Let all things be done honestly and by order HINC LVCEM ET POCVLA SACRA ALMA MATER CANTA BRIGIA PRINTED BY IOHN LEGAT PRINTER TO the Vniversitie of Cambridge 1604. And are to be sold at the signe of the Crowne in Pauls Churchyard by Simon Waterson TO ALL IVDICIALL and indifferent Readers IT was no meruaile that the heathen man Xenophon willed euerie one aequalitatem colere to honour equalitie seeing it serueth so much to the commending of a ciuill life to the managing of common affaires to the conseruing of popular vnitie which is so excellent in comparison so generall in comprehension so necessarie in all actions that no Common wealth can doe well without it yet such is the error of this age that more are readie to confesse then to expresse this equalitie in any of their actions There is no common weale can flourish without imposition of charges for they are as necessarie saith Plato as arteries or sinewes to the bodie but inequalitie in the sessing and rating of these charges is but an enemie to a Commonwealth for they are as ill as prickes or thornes to the bodie euerie one is willing to beare charge respectiuely to his portion but who can indure to be surcharged in no equall proportion to others there is a fit instance in one Aemilius appliable to this purpose who beeing complained of vnto Tyberius Caesar for vnequall taxations he imposed vpon the people T. Caesar returned this answer Se tondere velle suas oues non deglubere that he would haue him to sheare his sheepe but not to flea them Bruson this saying is worthy to be obserued of all sessors to deale indifferently without extremitie and equally without partialitie in common wealth cases seeing vnequall rates vnder the title of vnrighteousnesse is said to be abhomination as well as vniust weights and measures Deut. 25. 16. As sinne is aggrauated by circumstances so is that iniquitie of inequalitie for to deale vnequally in priuate callings is not tollerable but to vse inequalitie in publike cases is farre more detestable because the iniurie is more generall as the Schoolemen say quanto iniquitas in plures extenditur tanto grauius peccat the sinne is the greater the more it is extended and dispersed and therefore such as are taken therein tardie ipso facto in the deede doing or as the Civilians tearme it in flagrâ—nti crimine in the apparent fault are to be punished exempli causa if it were but for example sake that iâ— might restraine the rest according to the old Canon Vt vnius poena metus fit multorum That the punishment of one might be a terror to many and to this ende S. Paul saith Them that sinne rebuke openly that the rest also may feare 1. Tim. 4. 20. for amongst many sinners some must be made examples There is no man doubtes but that inequalitie hath some intercourse and continuall current in common sessments some that cannot see into it suffer it others that are fauoured in it wincke at it those that are wronged in it murmure at it howsoeuer it be they must with patience take this pill of Virgill omnis fortuna superanda ferendo learne to suffer that they cannot remedie For this cause hauing some obiectes of inequalities offered to my eyes I could not forbeare my pen without impietie considering that mellifluous Father saith est consentire silere cum arguere possis to be secret where one may say something is a sinne in consent and to conceale veritie est aurum sepelire is no better then to burie gould as Enagrius saith I spleane no mans person but his vnequall proceedings I inuey not against common impositions and charges but against vnequall proportion in the taxing I ayme not at any one man because I speaks generally to all and it is a principle in all artes He that speakes generallie speakes to none when Dauid heard the generall report of the parable the delinquent saith he shall die the death he litle thought it concerned himselfe vntill Nathan told him he was the man When Iudah heard the common clamor against Thamar let her be burnt saith he he did not suspect himselfe to be criminall vntill Thamar shewed him his ring his cloke and his staffe Gen. 38. so by these examples we may perceiue that generall speeches can detect none vnlesse he be named though they may touch any if they be tainted with guilt Such as be galled may take reformation by this and conceale it for I cannot saie he is the man such as be not guiltie may take information by this to continue so for it is rare to see such a man notwithstanding it is pittie that so common an euill as inequalitie which by custome is made no sinne should be test vp and downe from one to an other like a tennys ball and passe without any check or reproofe the fowles of the aire will bewray Eccles. 10. 20. the stones in the wall will crie out Haba 2. 11. nay the very dumb beast will speake rather then sinne should passe vnreprooued 2. Pet. 2. 16. The greatest workes are sometime wrought by the weakest instruments as Goliah was slaine by à litle stone with á slinge when no cumbatant durst incounter with him and as the Elephant is said to be afrighted at the grunting of à pigge so men may sometime be terrified and reclamed by mere trifles and made true penitentes by the dash of à penne as Peter was stroke with sorrowe at the crowing of the cocke I desire nothing but that my penne may be as à pricke to the hartes of the guiltie to see their faults and that my praier may be as à meane to haue their hartes opeÌ„ed with Lydia to amend their faults so God shall be much glorified by their conuersion the Agents more esteemed by their actions and the Author well satisfied for his paines C. Gibbon THE CONTENTS OR cheife heads handled in this Treatise as the same are distributed into 12. Chapters 1 Of the signification and sundrie acceptions of the word Equalitie 2 Of the excellencie of equalitie 3 Of the generalitie of equalitie 4 Of the necessitie of equalitie 5 What equalitie is as it extendeth to common impositions and charges 6 What charge signifieth that they must be necessarie with description of such necessarie charges 7 What is meant by imposition of charge and wherein they differ from voluntarie charges 8 Of equall proportion how it is to be taken properly comparatiuely and respectiuely and that euerie one is to be rated properly in some equalitie to his
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 quà m 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
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
called sinne for that cannot be deemed gratious which occasioneth a double disgrace both in the sessor and the receptor That may be said of the sessor which Nehemiah said of such persons that which you doe is not good Neh. 5. 9. for according to the prouerbe you doe but cut large thonges of other mens leather such as these which can frankely effuse an other mans goodes as the wastfull steward did Math. 16. for their owne pleasures if they were to doe good with their owne goodes they would be as neere as Naball was loath to part frō a penny if you will afforde a fauour where you affect you should doe well to effect it with your owne for these are Reipublicae Bona and therefore this dooing is not worth gramercie seeing it is rather to be deemed a fault then a fauour Those which are thus taxed with Fauour it is but an ecclips to their credites by exposing themselues to all opprobrie for flesh and bloude cannot brooke to see such as haue wealth and possessions like Diues that looke to be called Rabbi with obsequious congies and to haue the highest places with the proud Pharisies that such as these should pay no more thē the Publican towards publike charges and such as these are no better then Impostors to their prince for he that is rated most according to his portion is a better subiect to his prince then such an one as exceedes him in common sessements and yet is taxed far vnder his substance as the myte of the poore wydowe was farre better to the treasurie then the offerings of the rich As those which are taxed with fauour it is perceiued by a kinde of substraction in taking somewhat from assessements without equality so such as are rated vpon displeasure as the stone is said to growe per additamentum by a kind of adding to so that will appeare by a kinde of Addition or putting to more with in equality which may be apparantly discerned vpon these or such like occasions He hath set vp his trade saith one in the towne to hinder me I will nowe helpe him forward in this figulus figulum odit for it is a common thing to see howe one mechanicke will maligne another He would not giue saith another to such a voluntary charge when he was mooued I will nowe meete with him in this for he which is in office can doe much ex officio vnder colour of his office if he feareth not confusion of face He would not doe me such a pleasure saith another when I had occasion to vse him I will now remember him in this I haue a way saith Iesabell when shee could not haue her wil another way He hath done me much iniurie saith another by suites and speeches I will now somewhat requite him in this for priuate grudges are easily protected vnder publike businesse He is very thriftie in the world saith another I will nowe crop his living a little in this as the Egyptians did oppresse the Israelites with burdens because they did multiply and increase This may well be said to be a Displeasure for vnius compendiū alterius dispendium that which the other of Fauour doth prevent this of Displeasure must vndergoe in extremities Symon must needs beare the crosse It is too odious in this age to see howe such as dare not play the lyon will play the Foxe and when they can no way quite themselues in their owne matters they will cloake it sub officio vnder their office or pretence of some legall or regall busines and because this shall not seeme to be a paradoxe I referre you to scripturall instances for proofe When the Rulers had a spite against Daniel because he was seconded by the king they could no way tell howe to be reuēged but by soliciting the king to make a decree that by colour thereof they might worke their wills vpon good Daniel When Haman did malice Mordecai because he would not mooue his hatte he durst not openly be reuenged of him but by suggesting the king to write letters that vnder pretext therof he might haue his mind of good Mordecai It is so generall a note in the nature of man that such as haue their minds cauterized with malice care not with what weapons they fight so they may haue their wils These kinde of Sessors should consider this saying posse nolle nobile it is the part of a wiseman sometime to sequester his will from his power and in some cases not to doe what he might doe is held for a true type of nobilitie this were a good course to kirbe in men of these conditions that in their taxations they deale not as their wils and affections carrie them but as Cicero saith quid lex religio cogat what lawe and religion compell them and to doe what is meete to be done and not that which they may doe for who knowes not what a man in office may doe pretextu officij by colour of his office where there is no care or conscience in the execution of it The Philosopher saith iniquus est qui inuidet aut fauet that he is a wicked person that doeth enuie or fauour especially in publique cases where there ought to be some proportion in equalitie without respect of partialitie therefore Sessors should doe wel to obserue what a great reproch it is to be reputed partiall it is to their names farre worse them a myte to the cheese or a moath to the cloth and who would be branded for bad dealing either with the blacke cole as a marke of infamie to the world or by casting of the blacke stone in signe of ignominie into the water as it had woont to be an auncient custome amongest the heathens to excuse or accuse men by casting of white and blacke stones into the water which Ouid reporteth Mos erat antiquis niueis atrisque lapillis his damnare rees illis absoluere culpa Metamorph. lib. 15. Such Sessors which seeke to reuenge their priuate wrongs or wils vnder publicke businesse should feare by following the former presidents least they incurre the like punishments If your Statutes punish those which vse false weights measures to deceiue others God wil not spare those which vse false and vnequall rates to iniure others and if Iurors are bound by oath to present such as vse false weights all men are bound by allegeance to discouer such as make false rates for by the ciuill lawe peccata nocentium expedit esse nota it is deemed a sinne to conceale any sinister dealings Chap. 12. What persons are liable and ought to be taxed towards common Impositions and Charges ALL persons of abilitie as well subsidie men as others cohabiting within any citie towne village c. are to be taxed towards common impositions and charges Charges are said to be a burden and we are taught to beare one anothers burden for a burden beeing borne by many though it be heauie it will seeme
light according to the olde saying many hands make light worke It is noted amongest swine that one hogge will succour an other that is baited then amongest Christians one man ought to helpe another that is burdened It is the nature of dogges in fighting not to rescue but to fall vpon him that is beaten men doe not differ from dogges if they will not releiue him that is vnder a burden and if a good man will be mercifull to his beast he is worse then a beast that will not be mercifull to his brother It is reported of that godly gouernour Nehemiah howe in a common wealth cause to animate others he made himselfe the first example Euen I saith he doe it Nehem. 5. 10. the magistrate is called Magistratus either of magis stratus because he is of more dignitie and authoritie then others or of magis status because he is of greater state and abilitie then others and therefore such as be Magistrates will rather addere then adimere that is they will be as readie to conioyne as to inioyne any charge for the office cannot priuiledge any from expence but as the Poet saith Si quaratur honos non fugiatur onus if any will get honour by his office he must not eschewe the burden and such as are readie to command and will not commute with others est onus non honos as one saith it is chargeable but not honourable for as Peter said to Christ Master pittie thy selfe so it will be reported of these they are of Peters minde they will pittie themselues though they oppresse others but by reason of authoritie they will not put their neckes to it as it was said of the great men of Ierusalem Nehem. 3. 5. nay they will not put so much as their finger to it as it was noted in the Scribes and Pharises Math. 23. 4. It is obserued in the Preists Leuites that in these common charges they were presidents to the common people for they are first placed to commend their forwardnes as you may read in Neh. 3. 1. which is a good memento to all ministers of the word for a minister is so called à ministrando of ministring to shew that there is required as well exhibition with the hand as exhortation with the tongue which S. Gregorie noteth when he saith qui alios ad bene operandum excitat ad bene agendum seipsum ligat he that exciteth others to welldooing doth bind himselfe to the like otherwise as Cato saith turpe est doctori it is a shameful thing to the teacher if his deedes reprooue his doctrine as it was in the Preist and Leuit who could shew others the way yet themselues did shun the way when they should compassionate the wounded man Thus when the magistrate doth prodesse aswell as praesse and the minister dare as well as fari it must needes be a great incouragement to the common sort to followe for similitude and example doe mooue much faith Cicero S. Austine saith that examples are as sermons to the vulgar people and therefore as many horses which trauell together goe more willingly in the way so many men participating together pay the more cherefully their charges There be some which vnder colour of office doe challenge a kind of immunity from common charges for it is a common practise of Constables in some places in respect of their paines to saue their purses In taking of paynes they doe but their office the very word officium doth signify duty to teach such as are in office to doe their duties which cannot be without paines This duty and paines is required by the lawes of god mā The word of God commandeth euery one that is in office to be diligent therein hereof it is written let him that hath an office waite of it Rom. 12. 7. and therefore it is obserued in such officers as feare God that they would performe their duties with al sedulitie euen for conscience sake without commodity they deemed it so odible to saue by their office Neh. 5. 15. The lawes of men doe not only compell Constables to be diligent attendant in the execution of their office as appeares in the Statutes made in the 33. Hen. 8. cap. 10. 37. Hen. 8. cap. 8. and in diuers others but there is inflicted punishments vpon Constables for negligence in their office in some cases with the losse of fiue poundes 14. Eliz. 5. in other cases with the losse of twenty poundes 23. Hen. 6. cap. 14 yea and in some cases with the losse of all their goods 11. Hen. 4. cap. 12. so that paines is vrged as a thing penall If we should reason a pari by comparing the Constables paines with others that are in office if you consider the office of ouerseers for the poore they take triple paines to the constables and neglect their owne priuate busines for a publique benefit and yet they are contributors as well as others and shall Constables be paid for their paines de similibus simile debet esse iudicium I can see no reason for it in equity or equality If we should respect the losse of their time why in dooing of their duties they doe redeeme the time when in their idle pastimes and sportes they doe but mispend the time and seeing as Plato saith Nascimur pro patria how can they better improue their time then for the common good of their country whereunto we ought to dedicate our paines purses and persons if occasion constraineth In Citties and in great townes where there are many Constables their paines are the lesser but their sauings are the greater In a leuie of twenty poundes if Constables may be suffered to reserue their owne payments how soone may they saue aboue thirty shillings according to ordinary rates which is vnreasonable considering it far exceedeth princely allowance for the Constable or other officer in subcoliecting of the subsidy hath but two pence in the pound allowed him and shall the Constables saue aboue eighteene pence in the pound for the collection of all other common charges nominatim aliquos referre possum I feare there be too too many I will not maligne them but God amend them If you search all the statutes you shall not find vnlesse it be in the subcollection of the subsidy that constables are to make a profit of their paines for then it were rather an occupation then an office and therefore this kind of sauing is not to be suffered in a common welth for it is condemned in the scriptures by an argument drawen à maiori ad minue from the greater to the lesser in this sort such as were couetous were not to be called to office by the word of god Exod 18. 21. but these which saue their owne charges vnder coulour of their office are couetous ergo c. This vnderhand sauing may by circumstance be cōdemned by our positiue lawes in this manner Sauing is secret kind of getting he that secretly getteth by sinister meanes is no better then a theefe and therefore if he be deemed a felon by our lawes which taketh aboue fiue shillings from a priuat person what shall we terme these that defraud the Common-welth of so much mony in a publique charge It makes me remember that pretie allusion of M. Cato sitting to this purpose fures tenues the lesser theeues saith he are restrained with shackells linckes of iron about their legges but the greater theeues doe gestare in colo Catenas aureas iett vp and downe with chaines of gould about their neckes and costly induments vpon their bodie I pray god these kind of sauers be not such if they be they are no better then caterpillers to a common-welth There be others that plead a priuiledge from common charges because they are out of the Subsidy booke if they be of any competent ability this is rather a reason of some emphasis to make them capable of other charges for seeing they neither pay subsidy or finde armor as others doe which are in the subsidy they may the better contribute to other charges Who knowes not that many are spared out of the subsidie for many respectes and yet they are or ought to be lyable to the charge of puruey for the prince prouision for the poore impositions of a towne the widowe gaue her myte aswell as others that gaue more he liueth like a hogge that doth no good while he liueth nay as Seneca saith Non viuit qui nemini viuit he liueth not at all that liueth for none but himselfe He that will haue the rose must away aswell with the pricke as the sauour the philosopher could say qui sentit commodum debet sentire onus he that receiueth profit must not refuse expence for such as cohabit together to reape a benefit must be coadiutors together for ease of a burdē otherwise they deserue not the name of a neighbour but are fit to be secluded frō humane societie FINIS