The Debt Book, Chapter 4
CHAP. 4. Of Legall debts; and firſt to the Magiſtrate.
THE debts impoſed by humane laws and ordinances, are of diuers ſorts, as Subſidies, Fifteenes, Tenths, Oblations, and other penſions to the Church or to the Common wealth, in peace or in warre. Theſe are common burdens, which eueryevery man in his place muſt neceſſarily beare. as a member of a politicke body, and readily for auoiding offence and moleſtation iuſtly enſuing vponupon neglect. Theſe fall due either to the Magiſtrate, ſpecially to the Kings Maieſtie, or to the Miniſter, or to the Poore. In all theſe I know there is a morall right, and ſo they may be called morall debts, in reſpect of the common ground of diuine or naturall iuſtice: But we call them legall debts, Secundum regulam legis determinantis, in reſpect of the Law, determining thus much to ſuch a man, of ſuch a calling, at Aquin. prima, ſecundae queſt. 99. art. 5.ſuch a time: it's Aquinas his diſtinction. The ground of ſuch debts as come to the Magiſtrate, is from divine Authority, though for the manner and meaſure of them determinable by law. For if the Magiſtrate be Gods Miniſter (ſo is hee Rom. 13. 4. 6.called both foreign and foreign) if for our wealth, if for the puniſhment of euill doers, and praiſe of them that doe well, if hee labour and attend continually vponupon this thing, is there not an equity manifeſt to the conſcience, that ſuch a workman, ſo ordained of God for ſo excellent a ſeruice, ſhould hauehave his reward? Or doth not the Apoſtle conclude inuincibly? For this cauſe pay wee tribute, Rom. 13. 6. and Ver. 7. pay therefore tribute, cuſtome, feare, honour to whom they are due. Miniſters of Peace and Iuſtice, as they ſhould not conſume their inferiours: (for ſo the remedie will be worſe then the diſeaſe) ſo ſhould they not be conſtrained to ſpend vponupon the ſtocke, & to waſt their owne eſtate further then as members of eminent ability, ſhould beare a burden for the common good, proportionable to their ſtrength. But Magiſtrates ought to hauehave Tributes and Penſions of their inferiours, as pledges of ſubiection, as recompences of ſeruice, and as meanes to defray expences for the publike good; euen equity and neceſſity requires all this.
Now becauſe in Monarchies (the perfection of earthly gouernments, and types of the heauenly) the King is ſupreame Gouernour, not onelyonly ouer all perſons, but in all cauſes, Eccleſiaſticall and Ciuil, to ſee them done and managed according to Gods will, by Officers qualified with gifts and callings requiſite for ſuch matters: And ſeeing theſe Officers of eminent place and truſt, at home and abroad, are imployed immediatly by the Kings Maieſtie, and conſequently maintained by him that ſets them on worke; hereupon it is, that by vertue of ſome lawes perpetually in force, and by vertue of ſome Statutes, deuiſed for ſupply of caſuall occurrents, beſides the power of Prerogatiue Royall, Tributes and Cuſtomes, Subſidies and Tenths, with many other penſions fall due to the King, and ſo are counted legall debts, though morall in their originall, yet legall, ex determinatione legis, the Law preſcribing how it ſhall be for quantity and circumſtances. In paiment whereof, it is the wiſdome of our State, that though where nothing is to be had, the King muſt loſe his right, yet hee ſeldome doth loſe any thing of that which is found due by Officers employed & put in truſt; and it were pitty it ſhould not come entirely into his treaſury. For how ſhould the moſt illuſtrious eſtate of ſuch a Monarch? how ſhould ſuch miniſters of State, of Iuſtice of Peace, peareleſſ (I am perſwaded) for worth and wiſdome? How ſhould ſuch a Navy? ſuch men and munition as muſt be alwaies in a readineſſe againſt caſuall events? how ſhould ſuch Armies as may be requiſite in a tumultuous and raging world be maintained at his coſt? how ſhould true Religion, and the Goſpell ſincerely preached, (for which the world hates vsus, and yet without which our life would be tedious, and a very ſhadow of death) bee defended by his power againſt the malice of the Diuell and his inſtruments, if all the ſprings and fountaines of the Kingdome, did not conſtantly runne into the Ocean of his Treaſury?
As our Nation hath not beene backward in the payment of this debt, ſo hath it beene more happy then any nation in the world, in our two laſt Soueraignes, Queene Elizabeth, and King Iames, both of bleſſed memory, to whom it hath been paied. For, beſides protection by the Sword of Power and Iuſtice, common to other Subiects (yet not eueryevery where ſo common as were to be wiſhed) wee hauehave had the true Faith of Ieſus Chriſt profeſſed, and the preaching of the Goſpell eſtabliſhed and countenanced by publike Authority, for the ſpace of ſixtie ſix years without interruption. A moſt ineſtimable bleſſing, for which we owne euen our ſelues vntounto them, as Paul ſpeakes to Philemon, Philem. v. 19.and for which none but God onelyonly can make recompence. The Children that now are ſhall not forget King Iames when they are old; the Elder alſo ſhall reuerence his memory, becauſe by his princely care, and expreſſe direction, for Catechizing the ignorant, not onelyonly the younger are able to giuegive an account of their Faith; but euen the elder, though vnwilling to appeare, ſenes elementarij, old men learning principles, yet they do both countenance the worke by their preſence, and doe encreaſe daily in knowledge and zeale.
Thus our two late gracious Soueraignes, moſt memorable for great matters, but for none ſo much, as in that they were an incomparable payre for defence the true Faith, and propagation of the Goſpell, hauehave had (as they deſerued) the louelove of our hearts, & a reall performance of thoſe pecuniary debts whereof I ſpeak, and ſhall be had by vsus and ours in an euerlaſting remembrance: which wee doubt not ſhal daily be renued by that moſt noble branch ſpringing from that roote ſo bleſſed to our Nation, our deare Soueraigne Lord King CHARLES, that now is. Concerning whom wee cannot expreſſe the greatneſſe, either of our hopes, or ioies which wee conceiue. For his life, hitherto vnſpotted of the world, ſo free in youth from the luſts of youth; ſo farre from intemperance in the fulneſs of plentie; ſo preualent ouer pride in ſuch a fortune; ſo vnſtained by Popery in the ſchoole of Spaine; ſo attentiue and iudicious in hearing Gods word; ſo full of goodnes when it was not in requeſt; ſuch a life, I ſay, hitherto in the bloſſome and ſpring doth promiſe precious fruits in the ripeneſſe and maturity.
Bleſſed are thoſe guides, liuing and dead, who had the ſeaſoning of ſuch a veſſell of honor and grace, and failed not in the ſeruice: and bleſſed is his Majeſtie, who in his Chriſtian education laid ſuch a foundation of religion and wiſedome, of godlineſſe and honeſtie; as is the vnſpeakable ioy and comfort of all his louing ſubjects, and will bring him infallibly in a courſe of holineſſe, to a perfection of life and happineſſe at laſt.
Our Sauiour pleads the right of *Mat. 22. 21.Caeſar, euen then, when Tiberius a ſubtle Tyrant was that Caeſar. Paul in this place doth moſt earneſtly vrge the paiment of Tributes and all other duties to the Superior powers at that time when Nero, whom elſe-where he calls the *2. Tim. 4. 17.Lion, was the Roman Monarch. What elſe doth this teach vsus, but that how-euer the importunity of gouernors may at ſome time be grieuous in exacting; yet the ſubject, (if releaſe cannot bee had by ſupplication) muſt be alwaies obedient in performing to the vttermoſt of his ability. How much more ſhould we hauing by the gracious prouidence of the Almightie, ſuch a King ſet ouer vsus, as we truſt will proue a man after the heart of God; as Dauid did in Iſrael, and a pattern of grace and zeale, as Ioſuah was in Iudah: How much more, I ſay, ſhould wee moſt cheerefully yeeld vntounto him the homage of our hearts, the ſeruice of our hands and the portion of our ſubſtance required by Law to the vttermoſt mite: beſides, our continuall prayers vntounto God for his preſent and future happineſſe.