Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word

Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word

Table of contents

Title page

To the right Honourable the L. Sheffeild, Lord Lieuetenant, and L. President. Sir Tho. Heskith, S. Iohn Benet Knights. Charles Hales, R. William, Cutbert Pepper, Iohn Ferne, Esquires, and the rest of his Maiesties Hon. Councell, established in the North parts, and vnder his Highnes the highest Patrons of Equitie: Grace and peace from Iesus Christ.

To the Christian Reader whosoeuer.

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Philip. 4. 5.‘Let your moderation of mind be knowne to all men: the Lord is at hand.’

THe Apostle in this chapter, giues sundry exhortations, to many Christian duties. In the first verse, to perseuerance in faith and true religion. In the 2. and 3. to mutuall concord. In the 4. to a spirituall ioy in the Lord.

In this 5. verse, he exhorteth to the vertue of Equitie, or moderation of minde. Our English translations commonly read it thus. Let your patient minde be knowne to all men. which though it be truly and well said, yet the wordes translated haue a larger and fuller signification. Therefore according to the [Page] nature and force of the wordes, I rather chuse to read it thus: Let your equitie or moderation of mind be knowne &c.

The wordes containe 2. partes.

1. An exhortation, Let your equitie be knowne to all men. 2. An excellent reason to enforce it: the Lord is at hand.

The drift and scope of the exhortation is, to perswade the Phillippians, and in them the whole Church, to the practise of Equity.

Now this Equitie, wherevnto the holy Apostle so earnestly exhorteth, is, a worthy christian vertue, so excellent, as the carefull practise thereof, is the marrow and strength of a common weale, and where it is, there cannot but be peace, and contentment in all estates: and so necessarie: as without the practise of it, no house, familie, society, cittie, common-welth, kingdome, or Church can stand or continue. Indeed a kingdome may be established by force and armes, by violence and crueltie: but it cannot stand or continue, without this equitie, and christian moderation betwixt man and man. Nay ciuill society, and common dealing betwixt [Page] man and man cannot continue, vnles one man yeild to an other. In a word, there can be no peace in families, no sound nor lasting loue, betwixt man & wife, nor any comfortable quietnes, where one doth not yeild to the other, and one beare with an other in many things. And if it be so in marriage, which is the neerest coniunction, and the most excellent and perfect societie, which is in this world: then is it much more true, in all other societies of men, that there can be no peace, no christian neighbour-hood, no true frendship, vnles one beare with another, and one towards another do carry himselfe, in an euen and moderate course.

Seeing therefore this is so necessary and excellent a vertue, I haue purposed to speake of it at large. Let vs then examine these two points 1. the nature of it, 2. the kindes of it.

For the first; Christian Equitie, is a rare and excellent vertue, whereby men vse a true meane, and an equall moderation, in all their affaires and dealings with men, for the maintaining of iustice and preseruation of [Page]peace. This I take to be the true description of the generall nature of this vertue: and herein, First, I say it is a vertue, which is conuersant about practising of a moderation, in all our courses and dealings with men. For we men can vse no meane nor moderation with God, but if we do euill, it is all to much, and if we do good, it is all to little: Againe, equitie and moderation, is to be performed of God towardes men, and not of men towardes God. For if men deale not equally towardes God, the fault is theirs and not his, God is not worse for it; but if God dealt not moderately with men: the world would not last one houre, And lastly. where there are no faults, there is no forgiuenes: where no infirmities, there needes no moderation: but in God there is no want, no errour, no imperfection: but his loue, his mercy, and his workes of loue and mercy towardes mankind, and to his Church especially, are most perfect, therefore there needes no moderation, nor forbearance towardes God, but towardes men, who being flesh and bloud, and full of infirmitis, [Page] (from which regeneration it selfe doth not fully free vs) do therfore stand in need of this vertue, to be practised amongest them: els their societie and fellowship cannot endure. And further, all men in this case are alike, and therfore one hath good cause, to beare with another. The Prince is flesh and bloud as well as his subiects: the husband is flesh and bloud, as well as the wife is; the Pastor is a man as his people and hearers are. Hence it followeth, that therefore one is subiect to infirmities, as well as an other: and therefore I conclude, that in all our courses & dealings of man with man in this word, there must be practised a christian moderation.

Secondly, I say in the description, that the end of this vertue, is to maintaine Iustice, & to preserue peace; which two are the very sinewes and strength, of a Christian kingdome; for where we do not to other men, as we would others should do to vs: there is no iustice. And where we will not passe by small faultes, and forbeare infirmities, there can be no peace: such is the excellency of this vertue, as it serues to maintaine two other [Page] such great and principall vertues, as are euen the harte, and the braine of the commonwealth, namely: Iustice and Peace.

But for the more exact, and particular knowledge of the nature of this necessary vertue: let vs descend to the particular branches, and kindes of it.

Christian Equitie therefore, is either publicke or priuate.

Publicke equitie is that, which is practised in publicke metings and assemblies of men, as in Courts of iustice, Assises, Sessions, Counsells, Parliments, and such like.

The matter, where about this publicke equitie is conuersant: is the right and conuenient, and the moderate and discrete execution of the lawes of men.

Lawes of men, made by lawfull authoritie, according to Gods law, and for the common good are, and are to be estemed, bones and sinewes to hold to gether, proppes and pillers, to vphold the common-wealth, and all societies. God therefore hath giuen to Kings, and to their lawfull deputies: power and autoritie, not onely to commaund and [Page] execute his owne lawes, commanded in his word: but also to ordaine and enact, other good and profitable lawes of their owne, for the more particular gouernement of their people, and to be helpes for the better executing of the lawes of God. And also to annexe a punishment and penaltie, to the said lawes: which penaltie is to be according to the qualitie of the fault, greater or lesse: in so much that they may in many cases, (if the common good so require) inflict euen death it selfe. And further God hath giuen these goddes vpon earth, a power as to make these lawes, and annexe these punishments: so also vpon mens defaults and breaches, hath he giuen them authoritie to execute the law so made, and to inflict vpon the offender, the punishment annexed.

Now because this point is of great moment, in a common wealth: and the true knowledge and due practise thereof, is the glory and bewtie of a kingdome: therefore for the better directiō herein, both of prince and people, magistrate and people gouerned: let vs enter further into the consideration [Page] thereof.

In the lawes of common-wealthes, two things are to be considered, the sight whereof will giue great light, to know more perfectly, what this publicke equitie is.

These are 1. the extremitie of the law. 2. the mittigation of the law.

Both these, are put into the hand of the Magistrate by God himselfe, to be ordered according to his discretion, and as the circumstance requireth; and of them in order. The extremitie of the law, is, when any law of man, is vrged and executed straightly and precisely, according to the literall sence, and strict forme of the wordes, and the exactest meaning, that can be made out of the wordes, without any manner of relaxation, at that time, when there is good and conuenient cause of mittigation, in regard of the person offending.

This point cannot well be expressed in sewer wordes.

The principall and most materiall clause in this discription of extremitie, is in those wordes. At that time, when there is iust [Page]cause of mittigation, in regard of the person offending. For if there be no good cause of mittigation: then it is not called, extremitie: but iustice of the law: but when there is good cause, why in a Christian consideration of some circumstances, this iustice should be mittigated, and yet is not, but contrariwise is extremely vrged, and pressed to the furthest: then it is extremitie. Now this extremitie of the law, is in this case so farre from iustice, as indeed it is flat iniustice. And herein is the prouerbe true. Summum Ius summa iniuria; that is, the extremitie of the law, is extreme iniurie. And of this doth the holy ghost meane, Eccles. 7. 8. be not ouer iust, that is, presse not iustice to farre, nor vrge it to extremely in all cases, least sometimes you make the name of iustice, a couer for crueltie.

Now besides this, there is a second thing in the hand of the Magistrate, namely the moderation, relaxation, or mitigation of this extremitie: and that is, when the proper forme of the wordes, and the strictest meaning of the law is not vrged, and the punishment [Page] prescribed in the law, is moderated, or lessened, or deferred, or (it may be) remitted, vpon good and sufficient reason; and in such cases, as whereof the lawe speakes not directly, nor the law-maker did purposely aime at. The ground of this mittigation is, because no lawe makers beeing men, can foresee, or set downe, all cases that may fall out. Therefore when the case altereth, then must the discretion of the lawemaker shew it selfe, and doe that, which the law cannot doe.

This mitigation is in the hand of the Magistrate, as well as the extremitie: nay it is a part of his dutie as well as the former: and he offends as well, that neglects to mitigate the extremitie, when iust occasion is: as he that neglects to execute the extremitie, when there is neede. As therefore, he is no way fit to be a Iudge, who hath no knowledge, or care to execute the lawe: so he is but halfe a Iudge, who can doe nothing but vrge the lawe, and the plaine words of the lawe, and is not able also, to mittigate the rigour of of the lawe, when neede so requireth. Therefore euery Magistrate, is to practise [Page] this with the other, and not to separate those things which God hath ioyned.

But now least this moderation, and mittigation of mans lawes, (which is the practise of publike equitie) should turne to the maintenance of malefactors, the abolishing of lawes, the despising or weakening of authoritie, (which in these daies little needeth) we must therefore nowe remember this caution. That there must be no mittigation, but honest, profitable, and conuenient. If any man aske, when is it so? I answer in three cases.

First, when the mittigation stands with the lawe of nature.

Secondly, when it agreeth with the morall lawe, or any part of the written word.

Thirdly, when an inferiour law is ouer-ruled or countermanded by a higher lawe.

In these three cases, the moderation of mens lawes and the mittigation of the punishment due, by the extremitie of these lawes, is honest and good, and may and ought to be practised.

But if it be contrarie, and not warranted [Page] by some of these: then that mittigation is flatt iniustice, and a manifest wrong vnto the law.

That the difference of these two, the extremitie and mittigation, may better be discerned, let vs consider it in some examples.

It is the law of England, and many other countries, that the theife shall die.

Now though the word of God, hath not the same punishment in plaine tearmes: yet is the law good and warrantable, as shall appeare in the sequell, and I thinke is doubted of by none.

The drift of this law is, to represse that common and generall sinne of the euerie, a preuailing sinne, as any other, and so farre preuailing; as the rigour of good lawes is necessarily required, for the repressing of it: so that this lawe was made, for the cutting off of such rotten members, as doe but corrupt others, and of whose amendment there is no hope.

Now, suppose a young boy pinched with hunger, cold, and pouertie, steales meate, apparell, [Page] and other things for releife, beeing pressed to it by want, and not hauing knowledge, or grace to vse better meanes: to put this person to death, for this facte, is the extremitie of the law, in respect of the circumstances of the person, who did it, beeing a childe: and of the end, for which he did it, to releiue his wants.

Now the moderation in this case is, when vpon these considerations, that first, he is not an olde, nor a practised theife: but young and corrigible; one that beeing reformed, may liue long, and prooue a good member in the common wealth: and secondly, that his theft was not hainous, but the things he stole were of small value: and thirdly, that he did it not vpon a malitious, cruel, and iniurious intent, but to releiue his hunger and want. The equitie or moderation, I say in this case, is not to inflict death, (for that were extremitie) but to determine a punishment, lesse then death: yet such a one, as shall be sufficient, to reforme the partie from his sinne, to punish the fault, to terrifie [Page] others, and to satisfie the law.

Thus in this example, it apeares manifestly what this moderation is, and what is extremitie, which is contrary to it: and the same might we see in many more.

Now hauing thus considered these two together, here vpon we may see what this publicke equitie is, namely nothing els, but a moderation and mittigation of the extremitie of a law, vpon honest and conuenient reasons, and in such cases, as were not directly intended in the law. The obseruation and due practise of this equitie, is the glorie, credit and honour of all publicke assemblies, as assises, sessions and all courts of iustice, and without the obseruation of this when need is, all that they do is flat iniustice in that case. For they lame and maime the lawe, they fulfill but the one part of the lawe: for in euery lawe there are these two thinges; the extremitie in plain tearmes, and the mittigation implied: and these two together make the lawe perfect: and the glory of the lawe, standes as well in practising of mittigation, as in the execution of extremitie, nay sometime [Page] it standes in the mittigation, and not in the extremitie, insomuch as the moderation is then the equitie of the lawe, and the extremitie is more iniustice. And as this is the glory of the lawe, so is it the glory of Iudges and Magistrates, thus to execute the lawes, and to temper them with such discretion, as neither too much mittigation, do abolish the law, nor too much extremitie leaue no place for mittigation. Therefore (to make an end of this point) two sortes of men are here reproueable. First such men, as by a certain foolish kind of pittie, are so carried away, that would haue nothing but mercy, mercy, and would haue all punnishments, forfaitures, penalties, either quite taken away, and remitted, or at least lessoned, and moderated, they would also haue the extremitie of the lawe executed on no man. This is the high way to abolish lawes, and consequently to pull downe authoritie, and so in the end to open a dore to all confusion, disorder, and to all licentiousnes of life. But I need not to say much herein, for there are but few that offend in this kind, mans nature beeing generally [Page] inclined, rather to crueltie then to mercie: This fault proceedeth either from a weakenes of witt, and an effeminatenes of minde; and then a man is vnfit to be a Iudge; or else from vaine glorie, and a base and affected popularitie, and such a man is vnworthy to be a Iudge.

But in the second place, this doctrine and the very scope of this text, condemnes another sort of men, which are more combersome; that is to say, such men as haue nothing in their mouthes, but the lawe, the lawe: and Iustice, Iustice: in the meane time forgetting, that Iustice alwaies shakes hands with her sister mercie, and that all lawes allowe a mittigation. The causes of this euill are two.

1. The generall corruption of mans nature, which is alwaies readie, to deale too hardly with other men: as also too mildely with themselues, and partially in their owne causes.

2. And secondly, for the most part, such men doe gaine more by lawe, then by equitie, more by extremitie, then by mittigation: [Page] as the souldier liues better by warre, then by peace; and as the flesh-flie, feedes on the wound, that cannot feede on the sound flesh: so these men gaine by law, that which they can neuer get by equitie: for equitie and moderation breede vnitie, and if all men were at vnitie, what should become of them? but extremitie breeds variance: for (in reason) one extremitie drawes on an other, and so in mens variances they are set on worke: and the more the better for them. These men therefore, sticke so precisely on their points, and on the very tricks and trifles of the law, as (so the law be kept, and that in the very extremitie of it,) they care not, though equitie were troden vnder foote: and that law may raigne vpon the earth, and they by it: they care not, though mercie take her to her wings, and flie to heauen. These men (for all their goodly shewes) are the decayers of our estate, and enemies to all good gouernment. For though they haue nothing in their mouthes, but Iustice, Iustice, and haue banished mercie, yet let them know, that Iustice will not stay where mereie is not. They are [Page] sisters, and goe alwaies hand in hand: they are the two pillars, that vphold the throne of the Prince: as you cannot hold mercy, where Iustice is banished, so cannot you keepe Iustice where mercie is exiled: and as mercie without Iustice, is foolish pitie, so Iustice without mercie, is crueltie. So that as these men haue banished mercie, so within a short time, they will send Iustice after her, and crueltie and oppression will come in their rooms, which are the very ouerthrow of all estates.

These men, when they are made practisers of the law, Iudges, or Magistrates, are to learne this lesson, which the holy Ghost here teacheth, Let you Equitie be knowne to all men: and let all Magistrates thinke it their honour, to be counted mercifull Iudges: let them reioyce, as well to shew mercie when there is cause, as to execute extremitie when there is desert: and let them labour for that Christian wisdome and discretion, wherby they may be able to discerne, when mercie and mitigation should take place, and when extremitie should be executed. If inferiour [Page] Iudges or Magistrates be negligent herein, then must we haue recourse to the Prince, the highest Iudge on earth, and vnder God the first fountaine of Iustice and mercie: whose care must be, that as Iustice and mercie (not one of them, but both together) doe vphold his throne, and fasten the Crowne vpon his head: so he likewise see them both maintained, and take order, that in the execution of his owne lawes, there be alwaies a roome as well for mercie and mitigation, as for Iustice and extremitie. This must he doe, because his lawes cannot be as Gods lawes are. Gods lawes are perfect, and absolute, and of such an vniuersall righteousnes, as that at all times, and in all places, they are of equall strength, and of the same equitie in all cases: and therefore are to be executed without dispensation, relaxation, or any mitigation, which cannot be offered vnto thē, but with iniurie and violation. But mens lawes, comming from their owne wits, are imperfect, and so in all cases, they doe not hold the same equitie, and therefore must needes be executed with a discreet and wise [Page] moderation. This moderation is publike equitie, and this publike Equitie, is the scope of this text, and the due practise of it in the execution of mans lawes, is the glorie of all Christian Commonwealths.

Hitherto of the first and principall branch of Publike Equitie.

To proceede further. As this publike Equitie principally stands, in the moderation of the laws of men; so it descends more specially euē to all the publike actions of a mans life: so that by the rule and direction of this Equitie, thus described, men may know how to guide themselues, in suing bondes, and taking forfeitures: and how men may with good conscience, carrie themselues in suretyships, in taking of fines, in letting of leases, and in all manner of mutuall bargains, betwixt man and man. By vertue of this, a man may see how to frame all these and such like actions, in such sort, as himselfe shall reape credit, and gaine ynough, & his neighbour helpe and succour by him.

For in forfeitures of bonds, forfeitures of lands, or leases, in suretyships, in rents, in fines, [Page] and all other dealings of men togither, there are these two things.

First, the extremitie, that is, that which the law will affoard a man in that case: and there is secondly, the moderation of the extremitie, vpon good and conuenient reasons: let vs consider of them in some fewe examples.

A man is bound to another, in an hundreth pound, to pay fiftie at a day. The same man, not by negligence, but by some necessitie, breakes his day, and afterwards brings the principall debt. Now to take the forfeiture, is in this case, extremitie: though the law doth yeeld it. And if a man stand vpon this extremitie, he deales not honestly and equally, but hardly and extremely with his neighbour: and the law cannot free him in this case, from manifest Iniustice.

What is then the moderation in this case? Euen this, to take thine owne and remitte the forfeiture: the reason is, because the cause & groūd of appointing a forfaiture, was not for aduantage, but only for the better securitie of the principall: which seeing thou hast, [Page] thou hast that which the law did intēd thee.

Againe, his breach was not wilful, or with purpose to hurt thee, but against his will. If therefore thou beest directly damnified by his missing thy day, (without all aequiuocation) then take thy reasonable dammages, out of his forfeiture, if not, then remitte the vvhole forfeiture; and this moderation is publike equitie. And without this, there can be no buying nor selling, borrowing nor lending, betwixt mā & man. See another example. One takes a lease of thee, for yeares, to pay thee such a rent; & for not paiment of that rent, his lease to be voide. The poore man misseth his rent day, now what saith the lawe? his lease is forfeited, but to take this aduantage, is the extremitie of the lawe: the moderation is, to remit the same forfeiture, in part, or in whole, as thou shalt see reason in equitie and conscience: This moderation is in this ease, Publike equitie, and without this, there can be no letting of lands, betwixt man and man.

So for fines and rents, the lawe saith, Thou maiest make the most of thine owne, if thou [Page] stretch this law as farre as the very wordes will beare, then maiest thou make such fines and rents, as may grinde the faces of the poore, so as no man shall liue vnder thee: but thus to doe is Extremitie, and beyond the purpose of the lawe.

The moderation in this case is, not to take all thou maist get, but so to fine and rent thy lands, as he that takes them, may liue of thē: The reason of this Mittigation is, because enuie and hatred, may often make many men offer more for a farme, then it is worth, to crosse and hurt their neighbour, or to get all into their owne hand. Here therefore, though the lawe doeth yeild thee all that, which a man doeth willingly offer, yet must thine owne conscience be a lawe vnto thee, to make thee a moderator of that extremitie.

Let these three examples serue for many. Now in these and all other publike dealings betwixt men in the world; a man obserues Publike equitie, when he dealeth not with his neighbour, according to that extremity, which the strickt wordes of the lawe will [Page] beare: but according to that Moderation, which good conscience requireth: & which the lawe it selfe in some cases doth admit. By the knowledge of these two, a man that hath any conscience, may see howe to carrie himselfe, in all these ciuill affaires, in an euen, vpright, and equall course, and warrantable not onely by the lawe of the land, but euen by the law and word of God.

And I make this distinction of the lawe of the land, and the word of God, because we are to knowe this for a rule: That euery extremitie, which a law in the strictest acception doeth affoard, is not warrantable to be vrged by the word of God: and yet notwithstanding it is good, conuenient, and requisite, that the extremitie be warranted by the lawe, because in some cases, it must needes be executed. The lawes of men, may ordaine and appoint extremities: but the law of God must tell vs, when to vrge them, and when to moderate them: So then, when a man takes the extremitie, he doeth that, that is alwaies warrantable by the lawe: but in some cases, is not warrantable by Gods word, [Page] which commandeth a Mittigation, when there is good reason for it. But he that taketh the extremitie, when there is no iust cause of mitigating it, and againe doth mittigate it, when there is cause, his course is not onely warrantable by the lawes of men, but euen by the lawes of God also. For it is the dutie of euery Christian man, to remember in all his bargains and dealings, that his manner of dealing, must not onely be warranted by the lawes of the land, but euen by Gods word also: and this is to be knowne and taken for a generall rule in all this treatise. And he that will duely consider the true difference of extremitie and moderation, as they are here described, may see how to carrie himselfe in all his dealings, so as they may be warrantable: both by our owne lawes, and by the word of God.

To returne then to the matter, and to end this point of publike equitie: If any man shall obiect, that this moderation is a wrong to the law: I answer, it is not: for it is neither against the lawe, nor altogether besides the lawe, but onely beside the stricttest meaning[Page]of the lawe. Nay it is included in the lawe, as well as the extremitie is, though not in the same manner: for the extremitie is warranted by the law, mitigation is but tollerated: the lawe alloweth extremitie, but it onely admitteth a mitigation. So then, both extremitie and mitigation, are within the lawe, but it is in the hand principally of the Magistrate, and in some cases, of other men also, to discerne the seuerall circumstances, when the one is to be executed, & when the other: for sometime one is the iustice of the lawe, and sometime the other: and according as these two are iustly and wisely executed or neglected, so is the iustice of the lawe executed or neglected.

The want of this equitie in mens publike actions, is the cause of much crueltie, oppression, and inequalitie in dealings betwixt man and man: because extremitie is for the most part onely regarded, and mitigation is banished out of all bargains. And it is impossible, to keepe good conscience in forfeitures of bonds, and in forfeiture of lands, suretiships, fines, rents, and such kind of actions, vnlesse [Page] there be due regard had to the practise of this publike equitie. Men therefore, must consider that they are Christians, and liue in a Christian commonwealth: And they must not stand onely vpon the lawe, and the aduantage that the law giues. As they are men, they haue a lawe of the countrie, which may allow extremitie: but as they are Christians, they liue vnder a law of God, the eternall lawe, which must iudge them at the last day: the righteous lawe, which no creature shall euer be able to blame of iniustice, or of extremitie: and men must know, that God himselfe commands this equitie of one man to another.

But if men, for the feare of God, will not deale equally and moderately, with them that are in their power: but stand strictly vpon forfeitures and other extremities: then must the godly Magistrate exercise his power, and by the force of his authoritie, cause them to mitigate their extremitie, and to put in practise that equitie which becommeth Christians. And let euery Iudge and Magistrate knowe, that by the lawe of the [Page] euerlasting God, he not onely may, but is bound thus to doe to them, who will not doe it of themselues. It may be therefore good counsell to all men, rather to practise this Christian equitie of themselues, thē to be compelled to it by authoritie: for euery vertue and good worke, the more free and voluntarie it is, the more acceptable is it to God, and more commendable before men: and let all men remember, that whereas the strict words of mens lawes, seeme to giue them leaue to vrge the extremitie, yet cannot that excuse them, nor free them from the danger of Gods law, which commands them to practise Christian equitie and moderation.

Now before we make an ende of this Publike Equitie, one point is necessarie to be handled in few words. Some may obiect, If moderation be intended, and included in our law, as well as Extremitie, why then is extremitie onely mentioned in the law, and not this mitigation, which they so much doe vrge vnto vs? The answer is readie. The law expresseth and vrgeth the extremitie, to fray [Page] men thereby, from comming within the danger of the extremitie; and concealeth the mitigation, least it should be an encouragement to offend: yet intending it as well as the extremitie, and leauing it in the hand of the Magistrate, to put in practise, when iust occasion is offered, as well as the extremitie. Herein appeareth the great wisdome of the lawmakers, our auncient forefathers, who well and wisely foresaw, that though mitigation be as necessarie as extremitie, and oftentimes more: yet because of the ill consciences of the most men, and the readines of all men to offend, thought it fitter to expresse the extremitie in plaine tearmes; thereby to keepe ill men within the compasse of obedience, and closely to leaue the mitigation to the discretion of the Magistrate. So then our lawegiuers concealed the mitigation, and expressed it not in their laws, in good pollicy, and to good purpose. If we therefore doe onely take the extremity, we take onely one part of their intent, and shew our selues vnwise, and shallow witted, who cannot see the wisedome, which they [Page] closely concealed, in wise and Christian pollicie.

He is not worthie the name of a lawyer, at least of a Christian lawyer, much lesse worthie the place and seat of a Iudge, who knoweth not this. For if the law contained not both these, it were vnrighteous, and so no law. For mitigation is for the good man, and extremitie for the euill, the carelesse, and vnconscionable man: if there were no extremitie, how could the euil man be kept within compasse? and how should the poore honest man liue, if there were no mitigation? So then, it is warrantable by the word of God, and good conscience, that extremitie should be in force, and should stand by law, but so as it alwaies admit of mitigation, whē neede is.

Let therefore our conclusion be, to exhort euery man, into whose hands is put the execution of lawes, to shew himselfe as wise, in executing them, as were our forefathers in the making of them: that is, as well to regard the Mitigation which is concealed, as the Extremitie which is expressed: so shall [Page] the lawmakers wise intent be performed, publike equitie preserued, and much Iniustice and hard dealing preuented.

Now in regard of this, that hath beene deliuered touching publike Equitie, lawyers must not thinke, that I haue gone beyond the compasse of my calling, and encroched vpon their liberties. For they are to know, that the laws of men, are policie, but Equitie is Christianitie. Now Christianitie was, before there were any laws of men: and therefore they must be ordered according to the rules of Christianitie. Againe, Diuines must take lawyers aduise, concerning Extremitie, and the letter of the law: good reason then that lawyers take the Diuines aduise, touching Equitie which is the intent of the law. Moreouer, their law is but the minister of equitie; but our law the word of God is the fountaine of Equitie: therefore the principall rules of Equitie, must they fetch from our law: considering that law without equitie, is plaine tyrannie. Lastly, in the first Christian Commonwealth that euer was, namely, the Iewes, the Diuines, that is, the [Page] Priests of those daies, were the onely lawyers: for their positiue lawes were the Iudiciall lawes, giuen by God himselfe, whose interpreters were the Priests and Leuites. If therefore, once the Diuines had so much to doe with positiue lawes, it may not nowe be thought amisse, if they giue aduice out of the word of God, touching the equall execution of the lawes of men.

And so much touching the doctrine of publike Equitie, grounded vpon the word of God.

Now followeth the second kind of Equitie, called priuate; namely that, which is to be exercised betwixt man and man, in their priuate actions.

But ere we goe further, some may demande the difference betwixt publike and priuate actions. Priuate actions of men are such, as are practised amongst men, without any helpe of the lawe: as contrariwise, Publike actions are such, as cannot be performed but by the helpe of the lawe, and the hand of the Magistrate. Wherevpon it followeth, that publike actions may be betwixt priuate [Page] men, and priuate actions betwixt publike persons: there is a publiknes and a priuatenes (as I may tearme it) both of men and actions. A man is priuate, vntill he be exalted vnto some authoritie, in Church or Commonwealth: then he is a publike person. An action is priuate, as long as it is begunne and handled betwixt two men, and needeth not the publike voice, nor censure of the law to determine it, and then it is publike. For example: a Magistrate may haue dealing with an other man, or two Magistrates together. If they determine it together betwixt themselues, it is a priuate action, because they doe it, not as they are Magistrates, but as they are men: and so there is a priuate action betwixt publike persons. So a priuate man no Magistrate, may haue a trespasse, a debt, a forfeiture, or any other action or demand against another man: wherein (because he cannot come to a reasonable and equall ende, by priuate meanes) he craues the helpe of the law, and the voice of the Magistrate: and so here is a publike actiō betwixt priuate men. Now this vertue of Equitie respecteth not the [Page] publiknes or priuatenes of the persons, but of the actions: therefore as that is Publike Equitie, which is exercised in the determining of publike actions, which come to the iudgement of the law: so that is Priuate Equitie, which is practised in the managing of Priuate Actions, which are begun and concluded priuately betwixt man and man, and neuer come to publike hearing, nor triall of the law.

Now let vs come to search more neerely into the nature of this vertue. Priuate Equitie is a moderate, euen, and equall carriage of a mans selfe, in all his priuate wordes and deedes, towards all other men, and all their words and deedes. First, I say, it is [a moderate carriage] of a mans selfe, that is, betwixt both extreames, neither bearing all things, nor reuenging euery thing. Secondly, I say towards all other men: wherein I comprehend all men, & all sorts of men: husbands, wiues: Magistrates, subiects: teachers, hearers: masters, seruants: Parents, children: men, women, neighbours in townes, fellows in societies, in seruice, in labour. In a word, none [Page] are excepted, who any way doe liue or conuerse together, but of them all it is true, that if there be not a moderation, and a forbearance one of another, there can be no peace amongst them, but their liues shall be all (as it were) a hell vpon the earth.

Seeing therefore, the necessitie and excellencie of this vertue is such, that the due practise of it is the ornament of families, and societies, and the comfort of a mans life in this world; let vs enter into more particular consideration thereof. Priuate Equitie hath foure degrees, or principall duties.

First, to beare with naturall infirmities.

Secondly, to interpret doubtfull things in the better part.

Thirdly, to depart from our owne right sometimes.

Fourthly, to forgiue priuate and personall wrongs.

Of all these briefly, and in order.

The first dutie of priuate Equitie, is to beare with the defects and infirmities of mens natures, with whome we liue, as long as they breake not out into any great inconuenience, [Page] or enormitie. These infirmities are manifold: as for example: frowardnes or morositie of nature; bastines; slownes of conceit; dulnes of wit; suspitiousnes; desire of praise, and such like. These and many other naturall infirmities, must a Christian man beare and tolerate patiently, in those with whome he conuerseth, as with his wife, his child, his seruant, his friend, his neighbour, &c. And so long must he beare with them, as they are kept within a meane, and breake not out into extremitie. Of these the holy Ghost speaketh, Prou. 19. 31. It is the glorie of a man to passe by an infirmitie: that is, if he seeth in his brother weakenesses of nature, which doe not arise from setled malice, or cankred corruption, it is a mans glorie and praise, alwaies so farre to moderate himselfe, as not to see them, nor to take notice of them, at least not to be mooued, nor disquieted at them: and oftentimes, so litle to regard them, as though they were not done. To this end saith the Apostle, 1. Cor. 13. Loue suffereth all things, that is, all things that may be borne with good conscience, & are done [Page] by them whome we loue. Now any thing may be borne with good conscience, which is either so priuate, or so small, that the wrōg is onely ours, and no dishonour thereby ensueth to Gods glorie, nor ill example to the Church: all such things loue suffereth. And indeede it is the propertie of true loue, to passe by many wants: and the more that a Christian is rooted in true loue, the more infirmities will he passe by, in them whome he loues: he setteth no limits to himselfe, how many or how long to beare, but euen all that are infirmities of nature: many hard words, many angrie fits, many needles surmises, many vnkindnesses, will he put vp, and (as it were) not see them, whose heart is possessed with true loue, wisdome, and the scare of God: and thus must euery one doe that will practise Christian Equitie. For this is a mans glorie, and commendation. Let vs lay this doctrine neerer to our consciences, by cōsidering the nature of this vertue in some few examples.

A man hath a wife, or a woman a husband, in whome there is the feare of God, [Page] and honest and faithfull loue, but he or shee is subiect to anger or to hastines, or to an austeritie in their behauiours, or it may be it is not in their natures, to practise those outward complemēts of kindnes, which others can doe with great facilitie. These and such like, are but weaknesses of nature, in them that feare God: therefore must loue couer them and beare them, and oftentimes not take notice of them; and the rather, because he or shee that hath not such, hath either the like or greater weaknesses, all which if one forbeare not in another, it is not possible to liue in peace and comfort. But if this part of Equitie were practised, it is scarce credible, how much it would augment the happines, and adde to the comfort of them, that are married.

Againe, a man hath a seruant carefull and willing ynough to obay and please his master, also trustie and faithfull: but he is slow in his busines, and doth not dispatch things appointed him, to the minde of his master, not so speedily, not so readily, nor with that facilitie, as his master requireth. What is to [Page] to be done in this case? to see it, and alwaies to checke him for it, and to gall and gird him with it, and euer to be casting it in his teeth, and threatning him for it, is the extremitie which here the Apostle condemneth. The Equitie then in this case to bee performed, is, in consideration that it is not a fault of malice, but of nature, not of idlenesse, nor carelesnesse, but of a naturall weakenesse, the Master must gently tell him of it, and priuatly and seldome: and aduise him, what are the best helps for nature in this case. And though he see not that speedie amendment, which he desireth, yet is he to beare with him, as long as he is trustie, diligent, dutifull, and willing, and for those so many good properties, he must beare with his wants, and not be too sharp, either in reproouing, or in correcting him for them.

In the the third place: A man hath occasion, to confer often with another man, by reason that they are neighbours, or speciall friends, or of the same calling, and course of life: but one of them is hastie, and soone angrie, and it may be in his talke, either for the [Page] matter or the manner of it, he cannot but shewe his anger. Extremitie in this case is, for a man to deale roughly with him, to contradict and crosse him, to denie what he saith, to stand stifly to our our owne opinion, & to be angrie againe with him.

But on the other side, Christian Equitie teacheth a man not to see it, nor take notice of it, nor to be angrie againe, nor to checke him for it; but to put it off by gentle words, soft demaundes, and other talke: and to yeild to him, as farre as a man may doe, in good conscience, without betraying of the trueth. And by the way, in conference hold it alwaies for a rule of Christian wisedome, and priuate Equitie, neuer to sticke stiffely to any opinion, vnlesse it be in a plaine trueth, and of great moment. Now thus doing to our brother, and sparing his weaknes, and continuing on our speech, as though we sawe not that he was angrie: hereby the conference holds on, and loue is continued as afore. But if contrariwise, we take the aduantage of his infirmitie, and display it, and rub him for it, if we be as short as he, and stand stiffely vpon [Page] points, then the conference is broken off without edification, and heart-burning riseth betwixt them, in stead of true loue. Thus we see in these examples, how in a Christian moderation, we are to beare, and to forbeare the naturall weakenesses of our brethren, if we purpose to liue in any comfort with them in this world.

Yet this forbearance must be with two conditions. First, that these wants be wants of nature, not of malice, nor of old, rooted, setled, and cankred corruption. Secondly, if they whome wee forbeare, containe thēselues within conuenient bonds, and doe not exceede, nor breake out into any outrage, or extremitie: for then they are not to be forborne, but to be tolde, and reprooued for them, and a mans dutie is not to winke at them, but to take notice of them, and to shewe open dislike of them. But in as much as these are wants of nature, as it is infirmitie in the one to shewe them, so it is the glorie and praise of the other, to pardon them: yea it is a token of wisedome, and good gouernment, and a signe that a man is a louer of [Page] peace, and consequently of religion, and of God himselfe, to passe by them. The practise of this dutie, maintaines peace in kingdoms, countries, states, cities, colledges, families, and all societies of men. Thus much for the first dutie.

The secōd dutie of priuate equity is, to constru & interpret mēs sayings that are doubtfull, in the better part, if possibly it may be: this is to be vnderstood of all men, though they be our enemies and this must a man do, if he will liue in peace in this world.

Our nature is giuen to take men at the worst, to depraue mens deeds and words, & to peruert them to the worst sense, that may be: and this is commonly the cause of debate and dissention in the world.

But the dutie of Christian Equitie is contrary hereunto; namely, to thinke the best they can of all men, to construe all doubtfull actions in the better part, and to make the best sense of all doubtfull speeches, if we haue any probable reason to induce vs to it. The Apostle makes this the propertie of loue. 1. Cor. 13. Loue thinks not euill, that is, not onely [Page] then, when there is manifest and good cause to thinke well, but when it is doubtful, if it may by any meanes haue a good meaning, if by any means, it may be well thought of, loue will make a man thinke well of it: & the more specially a man loues another, the more equally, indifferently, and Christianly, will he interpret all his sayings and doings. The want of this dutie, and the practise of the contrarie, is the cause of more troubles, tumults, garboiles, fallings out, and heartburnings, in kingdomes, countries, societies, and families, betwixt man and man, then any one thing in the world besides. Dealing thus with the wordes of Christ cost him his life: for when Christ said, Destroy this temple & I will build it in three daies, they interpreted it of the temple of Ierusalem, when as he meant of the temple of his bodie. And the wrong and sinister interpretation of Dauids ambassage, by his neighbour king Hanu [...], was the cause of that great war betwixt two mightie kingdomes, the Israelites, and the Amonites, which cost so many thousands their liues. For when Dauid sent Embassadours [Page] to comfort him after his fathers death, he and his wicked counsellers interpreted it, that he sent spies, and intelligencers, to find out the weaknesse of the land. It cannot be spoken, what broiles, hurliburlies and confusions in kingdomes, what contentions in eommon-wealthes, what factions and diuisions in colledges & societies; what disquietnesse in families, what vnkindnesse and falling out amongest old friends, and what separation euen amongest them that should be neerest, are daily in the world, by reason of this sinister interpretation, of mens words and deeds. We therefore that doe professe our selues the children of peace, must learne to make conscience of this, the due practise whereof, is the conseruation of peace.

And further in this dutie, one thing more is to be remembred, namely, that we must not giue too sharpe a censure, euen of the open and manifest euill sayings, or doings of our brother: we must not iudge them to be done carelesly, when it may be they are done ignorantly: nor deliberately, when it may be they are done rashly: nor presumptuously, [Page] when it may be they are done vpon infirmitie: nor to be done vpon hatred or malice to vs, when it may be they are done for an other cause: nor may we iudge an euill thing, to be done for want of conscience, when it may be, it is done for want of heedfulnesse: but alwaies we must remember, to make the best we can, euen of another mans infirmities. And as, if our brother doe well, we are to acknowledge it, and commend him for it: So if he doe amisse, we must not make it worse then it is.

But the world is farre too blame herein: for they can extoll their owne well-doing, and twentie waies excuse their euill doing: but as for other men, they can debase their well doing, and aduance their euill doing; nay it is a common thing, to make a badde man worse then he is, and to speake of an euill action, and of mens faults worse then they are; yea to speake worse, euen of ill men then they deserue. But it is flat Iniustice, not onely to speake euill of that that is good, but euen to make an euill thing worse then it is. Many cases there are, wherein a man [Page] is bound, to make the best he can, of a bad action: but to make it worse then it is, there is no case, wherein a man may doe it, without plaine iniurie to his brother. If any man replie, and say, I am not to spare my selfe, nor excuse my owne faults, but to iudge as hardly of my owne sayings and doings, as they deserue, why then should I not also doe so to another? The answer is readie. Because a man knoweth not another man, so well as himselfe. Words and deedes are knowne to other men, but a mans heart is knowne to himselfe alone: therefore for thy owne sayings and doings, thou art also able to iudge of thine owne heart, and of thy purpose and intent in so speaking and doing: but of another mā, thou canst say he spake or did thus or thus: but his heart, his purpose, & intēt in so doing, thou canst not iudge: & therefore thou maist not iudge so sharpely of another mans sayings and doings, as of thine owne. To make an ende of this point: in the performance of this dutie, two cautions must be remembred: first, that we speake not of continued courses, in doing or speaking [Page] euill, but of particular speeches and actions: for not an action or a speech, but the course of life shewes what a man is: one euill speach or action may be excused, but a continued course in doing or speaking euill, may be by no meanes coloured or excused. Secondly, we speake not of manifest & publike enormities, as of treasons against the Prince or state: for therein it may be dangerous to the Prince, and hurtfull to the state, to haue any thing coloured, concealed, or excused. In such cases, we must set aside our dutie to our brother, and remember our dutie to the head and whole bodie: and better it is, that one member be cut off, then that the whole bodie perish: but we speake of priuate euill words or deeds, the euill and hurt whereof redoundeth to priuate men. And in them we speake not of manifest, grosse, and palpable crimes, wherein not only the action is plainely euill, but the intent also: for to excuse or conceale, or to extenuate such, is to make our selues accessarie to the euill of them. But we speake of doubtfull words or deeds, wherein either the action [Page] it selfe, or at the least, the intent of it, may receiue a likely excuse, and a probable interpretation of good.

And vnto these two cautions, adde thus much further, that the practise of this dutie, for the most part ceaseth, when the Minister is to worke vpon the conscience of an impenitent or a presumptuous sinner: for then he is not to moderate or mitigate, to colour or excuse, to lessen or extenuate his sinnes, but to speake of sinne as it deserues, and to lay out his sinnes in their owne colours, that so he may humble him, and cast him downe.

But out of these three cases, this dutie lieth vpon all men, at all times to interpret euery thing in the better part. So then the conclusion of this second dutie is this: Actions apparently good, are to be commended, doubtfull are to be construed in the best sense, apparently euill are to be made no worse then they are, but rather to be excused, and let a man alwaies rather speake too well, then too euill of another man, & rather speake better, then worse then be [Page] deserues and rather iudge too mildlie and mercifully then too sharply: for if a man be deceaued either waie, that is the safer waie wherein to be deceiued: Thus to do, is to performe that Christian equitie which is here commanded, and to maintaine peace which is the comfort of a Christian life. And thus much of the 2. dutie.

The third dutie and degree of Priuate Equitie is, In sundry cases to depart from a mans owne right: that is to yeild oftentimes in such things, wherein by lawe he might stand; and oftentimes to forgoe such things, which by law he might require. Without this Equitie, Iustice and peace cannot stand. Christ our sauiour, gaue a notable example hereof in paying toll: Math. 17. 27. Christ needed not to haue done it, nor could any lawe haue compelled him to it, yet because he would not trouble the publick peace, nor giue them occasion of contention, he yeilds from his right and paies them toll: al Christian men must learne by his example, not to stand alwaies vpon their right, if they will continue peace in the Church of God. It is [Page] not sufficient in Christianitie, nay it is a very wicked speach, which we often heare men speake. It is my right and therefore I will not loose it: so might Christ haue said, and if you looke the place, you shall find, that he first of all argueth the case, and concludes that he is free, and not bound to paie, and yet saith Christ, rather then I will offend them, or giue them cause to thinck worse of me, or my doctrine I will paie it. Euen so must a Christan man, in many cases go from his right, and that for the maintenance of publick peace in the common wealth, and of priuat peace one man with another.

For the maintenance of publick peace, thus must men do in Publick Conferences, as in Parlaments and Counsels, and such like generall assemblies▪ wherein the seuerall opinions of men are to be deliuered, and thus must men doe in bonds, forfeitures, borrowing, lending, loosing, finding, buying, selling, in leases, fines, rents, and all manner of bargaines.

And for the maintenance of priuate peace, men must in their most priuate actions, one [Page] yeild to another in such things, wherein they might stand, and oftentimes be contented to loose that, [...]hat is their owne; and in conferences must a man oftentimes, suffer himselfe to be crossed and ouerthwarted in that, of which he is most certaine, and to grant that to be, which is not, and that not to be which he knowes to be, if the matter be of small moment, and concerne not religion nor the state: many such things must a Christian man put vp daily, at the hands of his brother, for the maintenance of peace and loue amongst them. This is a doctrine little knowne, and lesse regarded in the world▪ for its a generall opinion that a man may take his owne, and may lawfully stand vpon his owne right, (which if it be ment generally in all cases, is most false) nay this is a commō speach of all men, I demaund but my right, and I will not loose my right, and this is thought a reasonable speach, and he is esteemed a good man, who takes no more then his right: for oftentimes men stand so strictly vpon their right, that they go further then their right reacheth. But this is a very carnall [Page] practise, and controlled by the Scripture, and by the example of Christ, as we heard afore. But if any man obiect, that the example of Christ is not to binde vs, because he is the Mediatour, and therefore was to performe extraordinary obedience? I then answer, that not onely Christ, but other holy men, haue practised this duty, for he payeth toll not only for himselfe, but for Peter also. And there is a notable example of this dutie in Abraham, who when his brother Lot and his sheapheards could not agree, was content to depart from his right: for whereas he beeing the elder, might haue chosen first, he notwithstanding, stands not vpon that, but bids his brother Lot choose whether he will, and he will take what he leaueth. A most equall, Christian, brotherly part of that holy Abraham, whose faith is so much commended in the Scriptures. If we therefore will be called the children of Abraham, then must we be followers of him in his workes, and namely in this, we must oftentimes depart from our owne right.

In the practise of this dutie, one caution [Page] onely must be remembred, namely, that we must distinguish of anothers right and our owne. In thy owne right thou maiest yeild, but when thou art to deale for another man, thou must not yeild too much, nor be too lauish of another mans right: but this caution holdeth especially, whē the cause is not ours, but Gods, or his churches, for when it is such a trueth, which directly concerneth the honour of God, or the good of his Church, thē must a man take heed he yeild not, without warrant from Gods word. For as it is equitie, often to yeilde thy right, so to yeilde in Gods causes, is to betray the trueth. If therefore thou maiest not giue another mans right frō him, without his cōsent, much lesse maiest thou without warrant from God, yeild any thing at all of his right from him. This dutie therefore is to be performed in actions that concerne our selues, and wherein the losse is not Gods, or his churches, but our own. But it is lamentable to see many men, howe lauish they are in giuing from God, and care not how much they loose of his glorie: but stand most strictly vpon their [Page] owne points, and will not yeild one inch, nor loose one foote of their owne right. And from hence come so many suites in law, and other brabling contentions in the world, all which, or many of them, might be staied, if men had but consciēce to practise this Christian Equitie, to yeild one to another, in matters of their owne, and of small moment: & it is certaine, that if men in the world were not perswaded, some by religion and conscience, some by naturall reason, and pollicie, to practise this dutie, it were not possible for the societie of men long to continue vpon the earth. So much for the third degree.

The fourth and last degree of Priuate Equitie, is to forbeare and to forgiue wrongs and iniuries done vnto vs in word or deed. The scripture is plaine for this, and so is naturall reason, which teacheth, that euery one that beares the name of a man, should forgiue another, because he beeing a man, may deserue and stand in neede of the same himselfe, and therefore is to doe as he would be done vnto: But especially a Christian man, who lookes for forgiuenesse at Gods hand, [Page] for his owne sinnes, must needs forgiue his brother. So that to a Christian man, there is a double bond or reason, to tie him to this dutie. One is, as he is a man, therefore must he forgiue him that offends him, that so another man may also forgiue him, when he offendeth. For there is none, but beeing a man, and liuing amongest men, he must needs offend. Another more forcible reason is, as he is Christian, therefore must he forgiue, because else, how can he in reason demaund or praie for forgiuenesse at Gods hand for many thousand offences of his owne, and those exceeding great, when another man cannot obtaine forgiuenesse at his hands, for a fewe small offences. This dutie is of greater necessitie then all the former: for vpon the practise of this, depends the preseruation of peace: but where this is not practised, there is no religion, no conscience, nor saluation: for where there is no forgiuing of another man, that man is not forgiuen at Gods hands. And he whose sinnes are not in Christ forgiuen, and taken away, that man is in the state of damnation, and till he be forgiuen, he can neuer [Page] be saued: but he can neuer be forgiuen, till he forgiue his brother: and so it is plaine, that euen saluation it selfe, in some sort, depends vpon the practise of this dutie, yet not as a cause, but as a signe, or an effect of saluation. For this is not true, that euery one who forgiues is forgiuen of God, but this is true, that whosoeuer is forgiuen of God, will forgiue his brother. So then, neither in reason, nor in religion, can a man looke for forgiuenesse himselfe, vnlesse he make conscience to forgiue another. Yea God hath made euery man a Iudge in this case, to condemne himselfe, if he doe it not, when he praieth euery day, that God would forgiue him euen so, as he doth forgiue others.

Yet in this dutie of forgiuing outward iniuries, two cautions are to be remembred [...]. That there is a time, when a man is not to forbeare and suffer, but may stand vpon his guard, and defend himselfe from the iniurie: and that is, when his life is indangered, as when a man is assaulted by a theife, or by his deadly enemie, who seekes his life, and can haue no helpe, he is in that case to helpe himselfe, [Page] when he must either kill or be killed, then reason and religion biddes him defend himselfe: & being in that case, that a man cannot haue the Magistrates helpe, that beares the sword for his defence, Gods puts for that time the sword, into a mans owne hand, and makes him a Magistrate for that time, and occasion. For in cases of such extremitie, god allowes euery man to be a Magistrate, not onely to defend himselfe, but euen to kill his enemie, if it be impossible, any way els to saue his owne life: and this defence of a mans selfe, hinders not the dutie of forgiuing, for so farre must a man forbeare and forgiue, that he be sure to defend his owne life.

In the second place, though a man forgiue the Iniurie and wrong done vnto him, yet may he safely in some cases, goe to lawe for recompence of that wrong. It is a deuilish opinion in the world, that a man cannot goe to lawe, and be in charitie: we must knowe, that a man may goe to law, & yet be in charitie: for to forgiue the malice, and to sue for recompence are things indifferent; It is not so much charitie, to forbeare the recompence, [Page] as it is to forgiue the malice. If therefore a man forgiue not the malice, he is out of charitie, but he may sue for satisfaction, and be in charitie. The scripture forbids not mens going to lawe, but tels them how they should doe it: lawe is not euill, though contentious men, and vnconscionable lawyers, haue vilely abused it: but it Gods ordinance, and may lawefully be vsed, so it be on this manner.

First, it must not be for euery trifle, euery trespas, euery ill worde; but in these cases, a man is both to forgiue the malice, and to remit the recompence, because he is little or nothing at all hurt by it. For example, A poore man steales a little meat from thee in his hunger, let the law take hould on him, but pursue thou him no more for it, then by the law thou needs must▪ Againe thy neighbours cattell doth trespasse thee, thou must not go to lawe for it, the malice be it more or lesse, thou must forgiue in Christianitie & for conscience sake, and the damage is so small, as that therefore thou maist not go to lawe for it. For the law is abused, in beeing [Page] executed vpon trifles, and those lawyers shame themselues, and dishonour their profession, who are willing that euery trespasse of sixpence damages be an accion in the law▪ this is one of the causes of the base and vile names, that are giuen to the lawe and lawyers in these daies, because the law is imployed vpon sueh trifles. And it is to be wished, that the supreme Magistrate would take order to restrain this generall euil: that contentious men & vnconscionable lawyers might not conspire together, to pester the law with these trifles: and though men be so vnconscionable, as to run to the law for euery trespasse, yet should lawyers be so conscionable and so wise, as they should driue them from the law againe. Thirdly, thy neighbour giues the ill woords, raiseth or carrieth euill tales of thee: Equitie is, not to go to law for euery euill woord, but to consider that for the malice, thou art to forgiue it, and for the damage it cannot be great, because many mens tongues are no slander, neither art thou any thing worse for it, especially when he dare not stand to that he hath said, as for the [Page] most part they do not.

The second caution in going to law, is that it must not be the first but the last meanes of peace. Law is a kind of warr, as therefore warr is to be the last meanes of publick peace, so should the law be the last meanes to be vsed, for the attaining of priuat peace. All meanes must be tried, ere thou goe to lawe, and if none will serue, then is the law ordained for thee, whereby to recouer thy right and to maintaine equitie, for as to go to law for a trifle, or at the first, is extremitie, and so Iniury: so to go to the lawe, for a cause sufficient, and after other meanes vsed in vaine, is Iustice and equitie, and no extremitie.

Here therefore let all Christians learne, how to go to law; and the rather I do vrge this point, because the law is notoriously abused: and it is almost incredible, what infinit sommes and masses of money, are daily spent in it most vnnecessarily: insomuch as the lawyers do exceed in welth, any other sort or calling for men in this whole realme.

For reformation whereof, let men but [Page] learne, and practise the two former rules: 1. lawe is not ordained to be a Iudge of euery trifle: It is a shame to our lawe that men be suffered in the common wealth to arreast each other for debts of small value, so as tenne times, and otherwhiles twenty times as much is spent, for the recouery of them as the principal is. Are not we a Christian commonwealth? why then haue we not the wisdome to appoint another, an easier, and a directer waie for the recouery of such debts, and if there be no other way, why doth not a Christian man stay for it, or loose it rather then goe to law for it? It is a shame for our nation, that there should be at one Assises ouer England, so many hundreth actions of trespasses, wherein the dammage is little or nothing. To reforme these is a worke worthie of a Prince, and euery man should put to his helping-hand to it.

Secondly, let law be thy last remedie. This rule controlls another foule misorder in our land. Men are sued, when they would gladly compound: when they would willingly satisfie by priuate order, they are compelled [Page] to answer by law. And yet there is a worse thing then this: the law which should be the last, is not onely made the first meanes, but whereas it should be open and publike, it is vsed as a close & secret meanes: it steales vpon men (as the phrase is.) For men are sued afore they know, and great charges come vpon them, ere they are told of it, by them that sue them. Is this equitie? yea is it not rather extremitie? And yet (alas) how commō is it in most places. Let therefore euery Christian man, remember his lesson here taught by the Apostle, Let your equitie be knowne to all men. But it seemes then, will some say, that men may not goe to lawe. I answer, thou maiest goe to lawe, though not for trifles, yet for things of waight, as for the pursuit of a notorious theife, to his due and iust triall: for the title of thy lands: for the recouerie of thy iust and due debts of value: and of thy childs portion: for the making straight of great accounts, for the triall of thy good name, when thou art so slaundered, and by such, as that thy credit is publikely indangered: for these and such like causes, [Page] thou maiest goe to law, whē by other more easie meanes, thou canst not procure a reasonable satisfaction. For then it is vnlawfull to sue for the greatest cause in the world.

The trueth of all this doctrine doeth Paul teach the Corinths, whome he reprooueth of three faults. 1. that they went to lawe before heathē Iudges. 2. for euery cause. 3. they vsed no priuate meanes of satisfaction, but ranne to the lawe at the first.

The first of these cannot be our sinne, for we haue no heathen Iudges, in as much as our state and gouernment, by the mercie of God is not heathenish, but we haue a Christian commonwealth. But the other two are the generall sores of this land; let vs therefore labour to heale them and to couer our shame: let vs remember that not Extremitie but Equitie becomes a christian; and let euery man take heed of this, as he would be knowne to be a Christian: for the knowne badge of Christianitie is mercifullnes: the more mercifull the better Christian. For he hath tasted deeper of Gods mercies to himselfe, and therefore he is mercifull to [Page] his brother, and the worse Christian, the lesse mercifull, for he neuer felt Gods mercies to himselfe, therefore he cannot be mercifull to his brother. Now to go to law for euery trifle, or to steale lawe vpon thy brother, or to sue him before thou offer him peace, it argueth a hard hart and vnmerciful, and farr from this dutie of forgiuing: but to be loath to go to lawe, and to put it of as long as may be, and first to giue warning, and to offer peace, and not to doe it, but in matters of weight, it argueth a mercifull heart, and such a one as is readie to forgiue, and such a one in whome the spirit of God doth dwell.

And thus I hope I haue opened this dutie of forgiuing, and forbearing, in such sort; as a Christian may see how to practise it, with comfort to his conscience, also without any great losse in this world, or hurt to his estate.

And thus much for the foure seuerall duduties and degrees of Priuate Equitie.

Now hauing opened the nature & kinds of Christian Equitie, let vs proceede further in the text. Let your Equitie (saith the Apostle) [Page] be knowne to all men. The words import; that it is our dutie, not onely to knowe this vertue and the nature of it, and to be able to talke of it, but in all our affaires publike and priuate, and in all our dealings with men, so to put it in practise, that men may see it, and that it may be knowne to other men: and that they may be able to auouch for vs; that our dealing is vpright, equall, and indifferent, ioyned with equitie and moderation, and free from extremitie and oppression: this is the meaning of that which we are here cōmanded by the Apostle. And the reason why the Apostle vrgeth vs to make it known, is, because there is a priuie hypocrisie in our natures, whereby we are giuen to make shew of more then is in vs. Against which vice we doe truely labour, when we labour to make our vertues manifest and knowne to the world, that so the tree may be knowne by his fruites: he is a holy and religious man, not who knoweth, and can talke well, but he whose religion and holinesse is knowne in the world, and seene of men: he is a mercifull man, of whose mercie men doe taste: So [Page] he is an equal & vpright mā, whose Equitie is felt, & found by thē who deale with him. Let therefore our actions with men, testifie the vertues of our heart, that mē who liue with vs, and deale with vs, may be able to say for vs, that we are possessed with those vertues; for this is to be truly good, not when a man can speake well, or tell of his owne goodnes, but when other men see it, feele it, and speake of it.

Hitherto of the meaning of the words.

Nowe that which was Pauls exhortation to the Philippians, shall be mine to all true Christians: Let your equitie be knowne to all men. You haue learned what it is, and howe it is to be practised: it nowe remaines, that we content not our selues, with the bare knowledge, but take notice of it, as of a doctrine belonging to vs, and put it in practise all our dealings, publike and priuate, yea and make it manifest to the consciences of all men▪ good and bad: so that euery man, with whome we deale, may taste and feele of our equitie, and be able to testifie of vs, that equitie beares rule in all our actions: thus if we [Page] doe, we are Christians not in name, and profession onely, but in deed and truth.

And to perswade vs all to this holy duty, let vs vse some fewe reasons to inforce it: and amongst all the reasons that might be brought, there is none better, then this here vsed in the text (The Lord is at hand.)

But before we come to speake of it, let vs consider of one other, which doth most naturally enforce this exhortation: and it is this.

God sheweth most admirable Equitie and moderation towards vs, therefore ought we to shew it, one towards another: It is the reason of the holy Ghost, Be yee mercifull, as your heauenly father is mercifull. Wonderfull is the moderation, that God sheweth to man, & it appears especially in foure things, whereof two belong to all men, and the other two concerne his Church.

The first Action of God, wherein he sheweth great moderation towards all men, is this. A lawe was giuen to our first parents, Eate not of this tree, if you doe, you die for it: and that a double death, both of body and [Page] soule. But they ate and so brake the lawe, and thereby did vndergoe the penaltie annexed▪ by force and vertue whereof, they should haue died presently, the death both of bodie and soule, and this had beene no Extremitie but Iustice, for this was due vnto them by the Iustice of that lawe, which was giuen them. But nowe, behold Gods Equitie, and moderation of the Iustice of that lawe, he strooke them not presently, as the tenour of the lawe, and their desert required, neither with the first nor second death, but deferres the full execution, laying vpon them (for the present) a lesse punishment, namely a subiection to the first death, and a guiltinesse of the second, that is, of damnation. Beholde a marueilous mitigation: by the tenour of that law, their bodies and soules should both haue presently died, and beene cast into hell, but God in mercie suspends and deferres the execution of it, and onely strikes Adams body with mortalitie, whereby he was subiect to the first death, and his soule with guiltinesse, whereby he was subiect to the second death: by which mitigation it came to passe, [Page] that as Adam by his repentance, afterward quite escaped the second death, so he tasted not of the first death till nine hundred yeares after. If a prisoner counts it a mercifull fauour of the Prince, or the Iudge, when after his iudgement to die, he is repriued but one yeare, then what a mercifull mitigation was this in God, to repriue our first parents for so many hundred yeares? This was the first action of Gods mercie to man, and this concernes all mankinde generally, but especially Adam and Eve.

But the second doeth more neerely concerne all men. So soone as man commits any sinne, euen then is he guiltie of eternall damnation, because he hath broken the law: for the curse of the lawe, is not onely a guiltinesse, but a subiection to the wrath of god, presently to be inflicted vpon the sinne committed, without any intermission: so that so oft as a man sinneth, so oft doth he deserue to be plunged soule and body into hel, without beeing spared one houre. If therefore the Lord did cast ten thousand into hell in one houre, he did but Iustice, for so the lawe requireth: [Page] but see the mercifull moderation of the Lord: thogh we deserue euery houre to be cast into hell, yet is euery houre and minute of our liues, full of the mercie and moderation of the Lord: so as though our sinnes crie for damnation presently, yet God staieth his hand, and doeth not execute the sentence of damnation vpon the sinner, instantly after his sinne, no not in one of ten thousand, but spareth euery man many yeares, some more, some lesse, but all more then their sinnes deserue, or the lawe requireth. We often reade, and alwaies finde, that God heares the crie of sinners: but we seldome reade, that God heares the crie of sinne, for if he alwaies heard it, when sin cries for vengeance to him, he should turne vs all into hell in one houre: this is a wonderfull patience and moderation in God, and yet behold a greater.

For whereas we by our sinnes, doe euery houre plunge our selues into hell, as a man that violently castes himselfe into a gaping gulfe: see Gods wonderfull mercie, we thrust our selues in, and he puts vs backe: he staieth [Page] vs with his own hand, and so keepes vs out. See what a sea of mercies the Lord doth power vpon man: for how can that but be an infinite sea of mercies, which is shewed to so many thousands of men, so many thousand times in one houre. If his mercie did not moderate the extremitie of his lawe, there should not be one man left vpon earth, but all in one houre cast into hell: but God staieth his Iustice, and staieth his lawe, yea stayeth vs, who our selues would execute the law vpon our selues and so cast our selues into hell, hee keepes vs out and giues vnto vs a longer time to repent. And this is true in all men: to some, he giues longer, to some shorter, but to euery one some, where as the law giues not one houre to any man, nay the law is so far from giuing time torepent, that it admits no repentance at all, no though a man should sinne but once, and instantly after that one sinne, humble himselfe in repentāce and craue fogiuenes, the law will not accept him to fauour, nor yeild forgiuenes, nor allowe his repentance: for the law can do nothing but this: either iustifie and reward [Page] him that fulfills it, or condemne and punish him that breakes it, further then this the law by it selfe goeth not.

It is the gospell which commandeth vs, & teacheth vs to beleeue and repent; and to the Gospell are we beholding for accepting our repentance, which the law would neuer doe: which indeede is so farre from accepting repentance, as it neuer intendeth nor aimeth at repentance directly in it selfe: and therefore in it selfe, it is worthily called the ministerie of condemnation. So then behold a most straight law, and a most mercifull God: so straight a law, as (if that mercy were not) it would neuer giue vs one houre to repent in, nor receiue vs to fauour though we repented presently, but presently vpon our sinne cast vs into hell. O therefore tast and see how good and gratious the Lord is: the law cannot haue his extremitie, nor the deuill his will vpon vs, who is the Iayler of the law; and is malitious, though the law be iust: and so by the extremitie of the Iustice of the one, & the extremitie of the mallice of the other, no man should liue one houre in the [Page] world, were it not for the wonderfull mercie and mittigation of God, who contrary to the course of the law, both accepteth men when they repent, and giues also time to repent, and thus hath God done, as in the beginning with Adam, so in all ages: To the old world, after many preachers sent, and many hundred yeares patience, and many thousands of sinnes ripe for vengeance, yet God giues 120. yeares more: O how many millions of sinnes did they commit against him in that time? and yet had they repented at the last, they had beene saued, but all was in vaine, and therefore in the end God sent a flood, and swept them all away. Euen so, and more patiently hath God suffered vs, in these latter daies. But how comes it to passe then, will some say, that we haue not a flood as well as they? Surely because his mercie was great to them, but wonderfull to vs, we are as euill as they, yea if we iudge aright, and consider duely all circumstances, our sinnes are farre more, yea farre more hainous then theirs were: so that we deserue a flood tenne times more then they did, and if God dealt [Page] but iustly with vs, where he brought one vpon them, he should bring and hundred on vs: and if Iustice bare the sway, she should vs sweepe away, one generation after another, with a continuall flood. But marke the moderation of God, more to vs then to them, who deserue worse then they. He gaue vs not an hundred and twentie, but many hundreth yeares, and brings no floods of Iudgements, but spares vs from yeare to yeare, and from age to age, that so we may either repent and escape hell: or when our time is come, drowne our selues in damnation, and so be the principall cause of our owne destruction.

It may not vnfitly be noted in this place, that sometime God may be said to cast a mā into hell, and sometime man himselfe. God throwes a man into hell, when for some monstrous and contagious sinne, he takes away a wicked man in the midst of his wickednesse, by some suddaine Iudgement, and so sends him to hel. But a man plungeth himselfe into hell, when God giues him leaue to liue, and libertie and time to repent, but he [Page] continueth carelesly in his sinnes till he die, and so casteth himselfe violently into damnation. Nowe such is the mercifull moderation of God, that for one man whome he casts into hell (as he did Iudas presently vpon his sinne) a hundred wicked men cast themselues into hell, abusing that time and libertie, which he gaue them to repent in, and so bringing vpon themselues swift damnation. Let euery man therefore euery day of his life, when he considereth the thousands of sinnes that are committed that day, and seeth no flood of water, fire nor brimstone to come vpon vs, let him wonder at gods mercie, and say with the Prophet, It is the Lords mercie that we are not consumed. Furthermore, this moderation of God to all men, hath another branch. Euery mans ill conscience is to him like the fire of hell, and doubtlesse the torment of conscience, is a part of the very reall torment of hell: now if euery man had but Iustice, he should feele presently after euery sinne, the very torment of hell, namely the sting and torment of a guiltie accusing conscience: but see the mercie & moderation [Page] of God, he inflicts it not presently, but onely giues the sinner a pricke, or a little pang (as it were) when he hath sinned, but the raging furie of the conscience, (which is the greatest hell that is vpon earth) he deferres till the houre of death, or the day of Iudgement. When therefore thou hast done euill, and feelest a pricke in thy conscience, and a cheeke, but no more, remember that euen then, if God did not moderate his Iustice, thou shouldest feele the extreame horrour of thy conscience, which would ouerwhelm thee as a burden, which is to heauie for thee to beare.

Thus then we see the marueilous mercy of God: wicked men are his sworne enemies, for sinne is that which offends him aboue all things in the world, yet so great is his mercy, and so large is his moderation, that euen his enemies tast of it euery day and houre.

Thus much of Gods Equitie and moderation to all men.

Now secondly, this moderate & mild dealing of the Lord, is more speciall to his Church and children: and that also shewes it [Page] selfe in two actiōs. First of al, Iustice requireth that euery mā should pay his debt: & cōmon reason tells vs, that words & promises cannot passe for paiment, but due debt must be satisfied. Now euery Christian man is in a great debt to God: that debt is obedience to his lawe, for Christ came to saue vs from the rigour of the lawe, not to free vs from obedience to it: but how doe we pay that debt? euen as he doth, who oweth ten thousand pounds, and craueth to pay it by a penny a yeare, for so we owing perfect obedience in thought, word, and deed, and also puritie of nature, the root of all: we (I meane the best & holiest mē of all) haue nothing to tēder to God, but a fewe good desires and grones of the heart, and a seely poore endeauour: all which is vnto that which the law requireth, like vnto one penny to ten thousand pound. Yet behold the mercie of God and his compassion to his children: these our desires, and that our indeauour comming from the truth of our hearts, doth he accept for perfect payment, and that man who hath an heart fearing God, and a care and desire to please god [Page] in all things, and in his place and calling endeuoureth it accordingly, is the man, whome God loues, and embraceth in the armes of his mercie, though he be far frō that, which in debt and dutie he oweth to God. Thus doth God testifie of himselfe in Malachie: I will spare you, euen as a father spareth his owne sonne that serueth him. Now wee knowe there is no sparing, nor forbearance like vnto that. A father bids his little sonne do this or that, which is farre aboue his strength, the child not cōsidering the difficultie, but looking only at his dutie, and desiring not only to please his father, goeth about it, and doth his best, and yet when all is done, he can do nothing to it at all: now the father reioyceth in this willing obedience of his sonne, and approoueth in his child the will and indeauour, though he cannot doe the thing he bids him. Euen so doeth the Lord spare his children; he commaundeth vs to keepe his lawe, and it is no more then out dutie, which notwithstanding of our selues we can doe no more, then a little child is able to carrie a milstone: yet if we willingly goe, [Page] when God commaunds vs, and doe our indeauour, and all we can, and grone vnder the burden, and desire to doe more, this our desire and indeauour, proceeding from faith, & from a son-like willingnesse, doth the Lord accept for the perfect deede. This is no small moderation, but great and wonderfull: For whereas we owe perfect obedience, and he might iustly challenge it, and for want of it, make vs pay it with soule and all, he is is cō tent to take a will, a desire and indeauour, which is all we can, and is in effect nothing at all. In this world, that man would be extolled for his mercie, who will take of his debter a penny a weeke, who oweth him 100. pound: or that takes all he can pay, and accepts his good minde for the rest: Oh then howe mercifull is our God, who for so great offences, and so huge a debt, as ours is to his Maiestie, is content to accept of our indeauour, and heartie desire? the heart & tongue of man cannot sufficiently magnifie so great a mercie. Thus much for the first.

Againe the mercie and moderation of God towards his children appeares thus. [Page] There is not the best man, but he sinneth, & there is not a sinne so little, but in Iustice it deserueth a whole world of punishments, yea all those curses denounced in the lawe, euen all those plagues threatned, Deut. 28. all which in Iustice should ouerwhelme him, presse him downe, & crush him to nothing. But behould the mercifull moderation of God, he is content to lay no more crosses on his children, then by his owne grace, (which he also giues them) they shall be able to vndergoe, and in the end to ouercome also. When his children sinne, (as when do they not?) doth he punish them according to the proportion of their sinne? no: for then all the curses of his lawe should be heaped on them for one sinn; and if he did so, he did but Iustice: nay he deales so with them, as it is not to be called a punishment at all, but rather a chastisement: for a punishment must be in some sort, proportionable to the offence, but that which he laieth on his children, is nothing at all to their sinne: and therfore it is no punishment properly, but (as it were) the chastisement or correction of a [Page] father, to teach his sonne his dutie, and to reforme him, and bring him home from his euill waies: and therefore not in the rigour of a Iudge, but in the loue and wisdome of a father, he first considereth, what we are able to beare: and then laieth no more on vs, then we may well beare: and which is most wonderfull of all, he giues vs strength to beare them. To this ende speakes the Apostle to the Corinthians, 1. Cor. 10. There hath no temptation taken you, but that which befalls the nature of man. Wherby he imports thus much, that there are temptations, and crosses in Gods Iustice due for sinne, and which he hath in store, readie at his pleasure, which are so great, so heauie, and so fearefull, as the nature of man could not possibly beare them, but should sinke vnder them, and perish, as did Cain and Iudas, and such like. Amongst these an euill conscience is one, which is so intollerable, as the wise man saith, Prou. 14. 18. A wounded spirit, who can beare it? But the crosses he laieth on his children, are alwaies such, as they beare with comfort for a time, and at last with ioy doe ouercome them. A [Page] notable example hereof we haue in Salomon, of whome God saith to Dauid, If he sinne, I will chastise him with the rod of men: as if he shold haue said, I could in my iustice, for Salomons great sinnes, beate him with scorpions, and bring him to nothing, by my heauie hand, but I will consider, he is my child, and but a man: therefore will I lay vpon him no more, then the nature of man is able to beare. As God dealt with his sonne Salomon, so this is Gods voice to all his sonnes: vnto all my Church and Children, will I vse such lenitie and moderation, and in my chastising of them, I will so abate the rigour of my Iustice, that by my hand and rodde, they shall not be pressed downe, but rather raised vp in new obedience, and learne thereby to feare and loue me more then before.

This should euery Christian man seriously consider of, and thinke with himselfe, how much this bindes a man to deale moderately with his brother, when the Lord deales so moderately with him. Thou sinnest, & God chastiseth thee most mildly, and laieth not on thee the thousād part of these crosses, which [Page] in Iustice he might doe. Shall the Lord deale thus moderately with thee, for thy many▪ and so great sinnes, and wilt thou deale so hardly with thy brother, in his fewe and small offences against thee? remember therefore in thy dealing with thy brother, this dealing of God with thee, and certainely thou canst not forget the one, if thou hast tasted of the other. Shew thy selfe therefore, that thou hast beene partaker of Gods fauour, and that thou hast felt in thy soule, the sweetnesse of his mercies, by beeing milde & mercifull to thy brethren: out of that great sea of mercies, which God lets flowe ouer thee all thy life long, let fall some droppes of mercie on thy brother, and remembring how God deales with thee, deale not thou with thy brother alwaies so hardly, nor so straitly, as thou maiest, or he deserues. Let these foure mercifull actions of god towards thee, be foure strong bonds, to tie thee to the obedience of this dutie, to be milde and mercifull to thy brethren, remembring euery day, how moderately God deales with thee, and howe farre from that extremitie, which [Page] thou deseruest. And to mooue vs hereunto, let euery man be well assured, that the more he hath tasted of Gods mercie, the more shall men taste of his mercie; and the more sinnes that a man hath forgiuen him at gods hands, the more will he remit and forgiue in his brother; and the more he feeles in his owne soule Gods loue and mercie to him, and the more neere he is to God by his faith and repentance, the more carefull will he be, to deale gently with his brethren: and the reasons hereof are these.

First, God forgiueth not a man his faults but vpon condition, that he shall forgiue his brother, God is not mercifull to a man, but vpon cōdition he shall be so to all men with whome he deales. Secondly, the mercie of God to vs, in forgiuing our sinnes, is not made knowne to the world by any meanes more, then this, when a man is not hard and extreame, but equall and mercifull in his dealing with men. Whereupon therefore it followeth, that the further a man is from God, and the lesse that he hath felt of Gods loue to him, the lesse moderation will he [Page] performe to his brother. Let euery man then be ashamed, by these his extreame courses with his brethren, to make it known to the world, that he is an Impenitent sinner, himselfe vnreconciled to God, and his sinnes vnpardoned: and let no man thinke he shall escape that censure, if he be an vnmercifull man; for certainely it is imprinted in mens dealings, whether they be in Gods fauour, and their sinnes are pardoned, or no. Let therefore euery man, when his owne crooked nature, or the deuill makes him boyle against his brother in anger, and vrgeth him to vse him hardly and extreamely, consider with himselfe, and say; I liue vnder God, I am more in Gods hand, then this man in mine: I haue offended God more, then he me: and if I had my desert, I had now beene in hell for my sinnes: but yet I liue, and by his mercie I am spared, and am here still. But hath God spared me, that I should pinch others? hath he beene mercifull to me, that I should be cruell to others? surely therefore I will be mercifull and moderate to my brethren, more then they deserue, least God take his [Page] mercy from me: and then what shall become of me, but to be throwne suddainly into hell, which I deserued long agoe: nay I will by my equitie and moderation towards my brethren, mooue the Lord to be still more mercifull to me, without which his mercie, I cannot liue one day in the world.

Hitherto of the Exhortation of the Apostle, and of the great moderation of God to man.

Now followeth the Apostles reason, The Lord is at hand. These wordes beare two senses, or meanings. The first, of the last iudgement: the second, of Gods presence. The first, is thus framed, if the holy Ghost meant of the last iudgement: Be you equall and moderate one towardes an other, for God is readie in his great and generall iudgment, to iudge all men, and then happie is he that findes not Iustice, but tasts of mercie: and who shall tast of mercie then, but he that shewed mercie in this world? But if secondly, the holy Ghost meant of Gods presence, then is the argument framed thus: God is present with euery man, and at euery action, [Page] to testifie and iudge of it, and either to approoue it and reward it, if it be vpright, equall, and mercifull: or to correct and punish it, if it be extreame, and void of equitie: therefore let your equitie be knovvne to all men. Both senses are good, but we will cleaue vnto the latter. It is then all one, as if the holy Ghost had said; Vse equitie and moderation in your dealings, and remember who is at your elbow, stands by and lookes on, readie to iudge you for it.

Surely there can be no better reason then this, if it be setled in a mans heart: for a theefe, or a cut-purse, if he saw the Iudge stād at his elbow, and looked vpon him, he would not doe euill, he would stay his hand, euen because he seeth that the Iudge seeth him, who can presently hang him. A strong reason with men, and it keepes euen bad men from leud practises. Consider therefore when the Iudge of Iudges, the Lord of heauen and earth, stands by and seeth, and markes all thy actions, whether they be towards thy brother, as his is towards thee. This ought to make the greatest man on earth, feare how [Page] he deales cruelly or hardly with his brother. But worldly men will not be perswaded of this, but when they are laying their plots to deceiue their brother, and when by iniustice, and extremitie, they pinch and wring him, they thinke in their hearts, God seeth them not, nor doe they euer thinke of God, but labour that God may be out of all their thoughts. This is the cause of all sinne in the world: for thence is it that mens hearts are hardned, and that they care not how extremely they deale with men, because they thinke God seeth them not, nor wil cal them to account for it, and doe with them as they haue done with their brother. Hence comes all iniustice, crueltie, extremitie, suits in law for trifles, taking forfaitures of leases, and of bonds, and taking all aduantages. Hence comes it, that one man will not spare an other one day, nor forgiue one fault, nor passe by any infirmitie, nor put vp the least iniurie, nor yeelde one inch from his right: but if his brother offend neuer so liule, vpon neuer so apparent weaknes, he shall heare of it on both sides, as they say: and if he deserue [Page] ill, he shall haue his deserts to the full. Thus hearts are hardened, affections are immoderate, bowells of compassion are shut vp, loue and pitie are banished, and in their roomes raigne crueltie, and iniustice. Moderation dwells in corners, but extremitie is that, which beares sway ouer all the world: what is the cause of all this? Surely, first, because men are vnsanctified, and haue not repented of their sinnes, & so they feele not, that God is moderate, and mercifull to them. Secondly, they perswade not themselues, that God seeth them▪ therefore against this blasphemous thought the roote of all euill, and cause of all sinne, arme thy selfe with this reason of the Apostle, and resolue of it, that this is the eternall trueth of God, and shall stand for euer. The Lord is at hand: and seeth and obserueth thee, & all thy doings. Therefore as thou wilt escape his mightie and fearefull hand, season thy doings and dealings with moderation: and if thou hadst noō cscience, nor no mercie in thee, yet be mercifull, remē bring who seeth thee; and deale moderately and equally in the sight and presence of so [Page] moderate, so milde, and so mercifull a God: so mercifull a rewarder of him that deales moderately, and so powerfull a reuenger of him that deales hardly, and extreamely with his brother. Let vs then ende with the Apostle as we began: Let your Equitie and Moderation be knowne to all men, for God is at hand.

And thus much out of Gods word, of Publike and Priuate Equitie: wherein I haue not spoken all I might, but giuen occasion to others, to enter into further consideration thereof.

Trin-vni Deo gloria.

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Ε'ΠΙΕΙ'ΚΕΙΑ OR, A TREATISE OF Christian Equitie and moderation.

Deliuered publikely in Lectures by M. W. Perkins, and now published by the consent of his Assignes in Cambridge by a Preacher of the word.

Eph. 4. 31.

Forgiue one another, as God for Christs sake doth forgiue you.

PRINTED BY IOHN LEGAT, Printer to the Vniversitie of Cambridge. 1604.

And are to be sold in Pauls Church-yard at the signe of the Crowne by Simon [...]

To the right Honourable the L. Sheffeild, Lord Lieuetenant, and L. President. Sir Tho. Heskith, S. Iohn Benet Knights. Charles Hales, R. William, Cutbert Pepper, Iohn Ferne, Esquires, and the rest of his Maiesties Hon. Councell, established in the North parts, and vnder his Highnes the highest Patrons of Equitie: Grace and peace from Iesus Christ.

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RIght Honourable and W. how famous in all writers the yeare Eightie eight, and how fatall it was made by all the old and later Coniecturers, is not vnknown to any of you: but how the issue answered the expectation, I see not, saue only in that notable ouerthrow of the enemies of god, the Papists: whereupon our reuerendFulk. in pr [...] in T [...]st. Rhe [...] countreyman, and Christs Champion for England, said very well: ‘Octogesimus octavus, mirabilis annus’ [Page] ‘Clade Papistarum, faustus vbi (que) pijs.’

But if euer yeare deserue to be famous in English Chronicles, it is this yeare, I cannot tell whether I should say 1602, or 1603: wherein, whether Gods anger was more, in taking from vs such a Queene (as for ought I reade) the world neuer had: or his mercie, in giuing vs such a King, as England neuer had, I leaue it to better heads to be determined. How is the name of our God to be magnified, by whose mercie so great a losse is made no losse, but a gaine vnto vs? for who seeth not, that all her Princely vertues, doe not only liue in him, but are also in him (beeing a man) more perfect and accomplisht. Shee is dead, but her Heroicall zeale and loue to Religion is aliue; shee bequeathed it with her kingdome to his Highnesse, who doubtlesse will make both her Religion, and her Kingdome, to flourish as much more, as a man doth excell a womā. And who knoweth not, that the enemies of our Religion, and our peace, (notwithstanding all their politik dissembled brags to the contrarie) doe finde his Maiestie so little for their purpose, that now they would sing a thousand Masses to haue her aliue againe, against whom they thundred [Page] outPius Grego [...] Sixtus [...] so many Curses and Excommunications, and after whose blood they so thirsted whilst shee liued: what straights are they driuen into? who would wish her aliue againe, at whose hands (though a woman) they neuer gained, nor got one inch of ground in 44 yeares;Paulus [...]ius 4. Pius 5. Gregor Sixtus 5 Vrbanu [...] Gregor. Innocen Clement though nine or ten Popes, and 10000 of their slaues, wrastled with her all the while, with all the power, and policie, craft, and trecherie, which the Deuill could lend them. Nay, her end was as glorious as her beginning, and her last Proclamation against them, was more to their shame, and lesse to their comfort, then euer any, in her life before: and so farre was shee, from allowing them a Toleration, of their intolerable religion, in her old, and therefore weakest age, as that it neuer entred into her royall heart: nor euer thought shee it worthie to be made a question, whether it should be or no. No, shee halted not betwixt two religions: but to her Baal was Belial:1. King. 18▪ & therfore shee banisht him; and God was the Lord, and therefore shee serued him. Shee was resolued that Dagon must downe,1. Sam. 5. 2▪ if Gods Arke stand; or els if Dagon stand, the Arke must away. For both together cannot stand vpright. Shee held that as, [Page] when the enemies themselues brought the Arke into Dagons temple, Dagon fell downe: so if the Israelites should haue admitted Dagon into Gods temple, that the Lord himselfe would haue remooued his Arke from them. Blessed was shee in her life, & twise blessed in her end: she lost not her first loue, [...] 4, 19. and her works were more at the last, then at the first: and blessed are we that enioyed her so long: and more blessed, who vnder her enioyed such 44 yeares, as all the bookes in the world cannot shew vnder a woman: but most blessed of all, in that after such a Dauid, God hath sent vs such a Salomon, after such a woman, such a man, after such a Queene, such a King, [...] who will make an ende of many a Ioab, and many a Shimei, which shee could not so well doe, and finish that Temple which shee so well beganne: [...] and who (I doubt not to affirme it) doe the Deuill, and the craftie Papist, all they can, is the chiefe Champion of Christ Iesus vpon the face of the earth.

And how happie a yeare shall this be, if the losses which learning hath sustained be as well recompenced. Iunius of Leiden, Tossaine of Heilderberg, Perkins of Cambridge, haue this yeare bin taken from vs, [Page] besides many other, of inferiour note: happie should those three famous Vniuersities be, if the like were seated in their roomes. Let vs leaue the first, to the lower, the second to the higher Germanie, to praise them, to lament them, and to make supply for them. It is the third who especially concerneth vs: what losse the Church of God, and in the Church, England: and in the Church of England, the Ministery: and in the Ministerie, the Vniuersities: & in the Vniuersities, the younger students haue sustained by the vntimely death of that Reuerend man, I thinke is not vnknowne to any of you. For how should he be vnknown to any (of any note) in England; whose name and estimation is such in other natiōs, as that at oneNund ver. 603. Mart we find, that in one halfe yeare, two ofCatho reforma de mort de vita. Prophet his books were translated into Latine, & foure were were printed beyond the seas. The best recompence of this losse, is the fruit of his labours, which he hath left behind him, whereof some were written by himselfe, and others taken by other men from his mouth: all which, at least so many of them as may be perfected, there is hope we shall intime inioy. Had not Iohan. Budaeus, Calr. in. and Carolus Ionvillaus done so to Calvin: Vitus[Page]Theodorus, Ioh. Frederus, and Iustus Ionas done so to Luther, many worthy [...] workes of those two great instruments of God had vtterly perished: and had not some done so to this worthy mā, no doubt many sweet blasts of that siluer trumpet of God, had vanished away. For my part, though time be pretious vnto me otherwaies, yet thinke I that time well spent, which I may bestowe in preparing to the Presse, any thing of his. This discourse of Equitie now made readie, as a child borne after his fathers death, I present to your Honourable viewe and patronage. If any aske why I dare tender so small a gift, to so great personages, my onely answer is, I make the Iudges of Equitie, the Patrons of Equitie. God graunt you a long and Honourable state, vnder our worthy Salomon. Amen. From my studie, Sept. 10. 1603.

Your Honours, and Worships in the Lord: W. Crashawe.

To the Christian Reader whosoeuer.

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I Doe here present vnto thee, (Christian brother) a small discourse of Equity, deliuered by that faithfull labourer in the haruest of God, Mr. William Perkins, in a fewe Lectures. The discourse is litle, and briefe, but the matter is pithie, and the vse profitable. Equitie and Christian moderation whether publike or priuate, is the true badge of Christianitie. Without publike Equitie, what is the court of Iustice, but turned into the seate of Iniquitie? and without priuate Equity, what is mans life, [Page] humane societie, neighbourhood, nay friendship, nay kindred, nay marriage it selfe, but euen a potion of poyson in a golden cuppe? Art thou therfore a Magistrate? here is taught thee, howe to discharge thy place, in the execution of the lawes, as shall neither be vnbeseeming the lenitie of a Christian, nor the seuerity of a Magistrate. Art thou a priuate man? here is taught thee howe to carrie thy selfe, in all dealing and bargaining with another: howe to demeane thy selfe towards thy wife, thy seruant, thy child, thy friend, thy neighbour, in such manner, as if thou hadst all the comforts and contentments of this earth, yet the practise hereof, shall make them all ten times more comfortable: and the want hereof, shall turne all their sweetnesse into gall and wormewood. When therefore thou readest this little booke, and withall, (laying it to thy life) doest finde the truth of it in thy course & conuersation, then acknowledge the spirit of God in this holy man, (who now sleepes in peace) praise God for him, [Page] be waile his losse, and helpe me and others with thy holy praiers, that wee may still goe forward in this good worke, of publishing these his godly labours: and in deliuering out to the church of God these Iewels: which the Lord from his mouth, gaue vs to keepe, not for our owne, but for the common good.

Thy brother in Christ Iesus, W. C.

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Title statement

Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word

Perkins, William, 1558-1602.

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1604

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2004-11 (EEBO-TCP Phase 1).

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A09403

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STC 19699

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ESTC S106090

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99841815

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99841815

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6425

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(EEBO-TCP ; phase 1, no. A09403)

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— Hepieíkeia: or, a treatise of Christian equitie and moderation. Deliuered publikely in lectures by M. W. Perkins, and now published by the consent of his assignes in Cambridge by a preacher of the word, Perkins, William, 1558-1602., Crashaw, William, 1572-1626..

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[12], 90 p.

Printed by Iohn Legat, printer to the Vniversitie of Cambridge. 1604. And are to be sold in Pauls Church-yard at the signe of the Crowne by Simon Waterson,. [Cambridge] :: [1604]. (A preacher of the word = William Crashaw.) (The first word in the title is printed in Greek characters.) (Imperfect; trimmed at head, affecting running titles.) (Reproduction of the original in the Folger Shakespeare Library.)

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